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Home My WebLink AboutOrdinance 3205 ORDINANCE NO. 3205 AN ORDINANCE AMENDING SECTIONS 34 -131 AND 34 -132 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMENDING THE DEFINITION OF THE TERM "JUNKED VEHICLE" AND THE DECLARATION OF SUCH VEHICLES TO BE A PUBLIC NUISANCE TO CONFORM TO RECENT STATUTORY AMENDMENTS; ESTABLISHING A PENALTY FOR VIOLATION; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council desires to amend the definition of junked vehicles contained in Chapter 34 of the Code of Ordinances as permitted by §683.0711, Texas Transportation Code to be more expansive than that established by the Texas Transportation Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 34 -131 and 34 -132 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34 -131. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique auto means a passenger car or truck that is at least 35 years old. Dismantled or partially dismantled means: (1) For vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so, "dismantled or partially dismantled" means dismantled to the degree that said vehicle is not capable of passing a state motor vehicle inspection; (2) For vehicles not subject to state motor vehicle inspection, including off - road vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all- terrain vehicles, golf carts, watercraft and aircraft, "dismantled or partially dismantled" means dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose. Inoperable. Means vehicles that cannot currently be legally driven on public streets. For vehicles that are designed not to be driven on public streets (all terrain vehicles, dirt Ordinance No. 3205 Page 1 of 4 bikes, watercraft, aircraft etc.) inoperable means not usable for the vehicles designed and intended purposes. Junked vehicle. (1) A motor vehicle which displays an expired license plate or invalid motor vehicle inspection certificate or does not display a valid current license plate and a valid current motor vehicle inspection certificate; and is (A) Wrecked, dismantled or partially dismantled, or discarded; or (B) Inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. OR (2) A vehicle, that by law does not require for operation on public streets a valid license plate and /or inspection and is: (A) Wrecked, dismantled or partially dismantled, or discarded; or (B) Inoperable and has remained inoperable for more than: (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. Motor vehicle means a motor vehicle subject to registration under the Certificate of Title Act, V.T.C.A., Transportation Code § 501.001 et seq. Motor vehicle collector means a person who: (1) Owns one or more antique or special interest vehicles; and (2) Acquires, collects, or disposes of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Ordinance No. 3205 Page 2 of 4 Vehicle. Any automobile, truck, tractor, bus, motorcycle, motor home, camper, recreational vehicle, trailer, golf cart, watercraft or aircraft. Wrecked vehicle means: (1) For vehicles designed to be operated upon the public streets, "wrecked" means not capable of passing a state motor vehicle inspection due to damage that is consistent with a motor vehicle accident, incomplete repair, salvage or restoration including, but not limited to, a missing or broken engine, transmission, windshield, window, tire, wheel or major mechanical component. (2) For vehicles not subject to state motor vehicle inspection, including recreational vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all- terrain vehicles, and golf carts, watercraft and aircraft, "wrecked" means not usable for the vehicle's designed and intended purpose. Sec. 34 -132. - Junked vehicle as a public nuisance. (a) Nuisance; abatement. A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right -of -way, whether covered by a tarp or not, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. Any person, firm, or corporation maintaining a public nuisance as defined above shall be guilty of a misdemeanor and, upon conviction, subject to a fine. Each and every day the maintenance of such public nuisance shall continue shall be deemed to constitute a separate offense. Upon conviction in the municipal court of the city, the court shall have the authority to order removal and abatement of such nuisance. (b) Relocation. The relocation of a junked vehicle that is a public nuisance to another location within the city after the code enforcement officer or as otherwise designated by the city manager has initiated the proceedings to abate the public nuisance shall have no effect on the proceedings if the junked vehicle constitutes a public nuisance at the new location." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Ordinance No. 3205 Page 3 of 4 INVOICE Star - Telegram Customer ID CIT13 808 Throckmorton St. Invoice Number: 321857971 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 6/29/2012 Federal Tax 1D 26- 2674582 Terms Net due in 21 days Due Date: 6/30/2012 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 32185797 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 6/28/2012 6/29/2012 rti .Acv. ..r.. MOM v 1 CITY OF NORTH RICHLAND HILLS CITY OF NO ORDINANCE NO. 3205 I3580 1 32 32 LINE $6.14 $392.84 An ordinance amending Stctions 34- 131 and 34132 of the North Sales D1SCO Richland Hills Code of Ordinance ($354.20) and amending the definition of the term ol1unked vehideii and the declaration of such vehicles to be Misc Fee a public nuisance to conform to $10.00 recent statutory amendments; es- tablishinq a penalty for violation; and providing for publication. Violation of this ordinance shall be pp by a fine of upp))to Five separate violation l$ sh D a � o� Net Amount $ 64 fishable hereunder and each day each , 111111I �I such violation shall be allowed �ttteoe �� L • HO a separate t vi ation punla a sh hereunder.. Passed and Approved - on thin 25th `�: • O L • da of June, 201'2• V : 2 O • y_ /s /scar Trevih0 Oscar Trevino May C.2 ATTEST: Z3 /s /Patricia Hutson % ' 9 OF Patricia Hutson - City 8ry • 5 APPROVED AS TO _W AND i • / . f.. :�NIPE.•' THE STATE /s/Geo ge Staple Zity Attorney ,'''''%IfIH11111� County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 Signed �� h SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, July 06., 201 Notary Public Thank You For Your Payment Remit To: Star - Telegram Customer' ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 321857971 Invoice Amount: $48.64 PO Number: Amount Enclosed: 1� Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be effective immediately upon passage. AND IT IS SO ORDAINED PASSED AND APPROVED on this the 25th day of June, 2012. CITY OF ORTH AND HILLS l , By: Oscar Trevino, Mayor , -ATTIA °lair ...._S �` Patricia Hutson, City Secretary APPROV TO FORM AND LEGALITY: George A. Staples, ity Attorney APPROVED AS TO CONTENT: I I in �k IC6 J A n Stout, Neighborhood Services Director Ordinance No. 3205 Page 4 of 4