17 - CITY ORDINANCE SECTION 19-24Item No. 17
memorandum
TO: City Council
John Godwin, City Manager
FROM: W. Kent McIlyar, City Attorney
SUBJECT: CITY ORDINANCE SECTION 19 -24
DATE: September 9, 2015
BACKGROUND: The City regulates Junked Vehicles under Chapter 19, Article II of the Code
of Ordinances, which is based on Texas Transportation Code Chapter 683. At the August 24,
2015 City Council Meeting, Council Member Plata requested an exception be added to city
ordinance for antique or special interest vehicle owners who keep their cars under fitted car
covers under a carport.
STATUS OF ISSUE: This proposed Amendment to Section 19 -24 would allow for these
vehicles to be kept under a carport with appropriate fitted car covers made for that particular
model /make vehicle.
BUDGET: N/A
RECOMMENDATION: Approve ordinance amending Sec. 19 -24 of Chapter 19 "Junked
Vehicles."
Draft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 19 -24, OF CHAPTER 19 ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING AN ADDITIONAL
EXCEPTION FOR ANTIQUE OR SPECIAL INTEREST VEHICLES STORED BY A
MOTOR VEHICLE COLLECTOR IN A CARPORT WITH AN APPROPRIATELY
FITTED CAR COVER; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on November 13, 2000 the City Council of the City of Paris, Texas enacted
City Ordinance No. 2000 -058 entitled, "Junked Vehicles; Public Nuisance; Abatement" which
declared a junked vehicle to be a public nuisance and provided a process for abating said nuisance;
and
WHEREAS, the ordinance provides an exception for vehicles or vehicle parts which are
completely enclosed in a building in a lawful manner and are not visible from the street or other
public or private property; and
WHEREAS, the City Council desires to create an additional exception for antique or
special interest vehicles properly stored in a carport with a properly fitted car cover; and
WHEREAS, City Council has determined that it is in the best interest of the City of Paris
to amend Sec. 19 -24 of the City Code of Ordinances as follows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Section 19 -24 of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby amended to read as follows:
"Sec. 19 -24. — Exceptions.
Procedures adopted under this article do not apply to a vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner and is not visible from
the street or other public or private property; or
(2) That is stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle
stored by a motor vehicle collector on the collector's property, if the vehicle or part and the
outdoor storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
C. Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, or shrubbery.
(3) That is an antique or special interest vehicle stored by a motor vehicle collector on
the collector's property under an approved carport with a properly fitted and make /model specific
car cover.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and
effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment
of this ordinance shall not be construed as abandoning any action now pending under or by virtue
of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights of the municipality under any section or provisions of any
ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or partial
invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any
other portion of this ordinance.
Section 6. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $200.00, and each
and every day's continuance of any violation of the above - enumerated sections shall constitute and
be deemed a separate offense.
Section 7. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 14th day of September, 2015.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney