HomeMy WebLinkAboutOrdinance - 7874-1979 - Ordinance 7874 Amending Article 111A Of Chapter 15 Pertaining To Junked Vehicles - 06/14/1979~;I'~~-. J 'i:hw ORDINANCE N0 •. _-.!..78;::.,7~4:__ __ -.. Ttl/~. ==============¼!::==
, , ; . . AN ORDINANCE AMENDING ARTICLE IIIA OF CHAPTER 15 OF THE CODE OF ORDINANCES
/PERTAINING TO THE REGULATION OF JUNKED VEHICLES, BY PROVIDING FOR DEFINITIONS,
DECLARING A PUBLIC NUISANCE, PROVIDING FOR EXCEPTIONS, AND PROVIDING FOR
ABATEMENT OF SAID NUISANCE; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that the changes indicated below
would be in the interest of the citizens of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 15-34.1 of the Code of Ordinances for the City
of Lubbock BE and is hereby repealed and the following substituted therefor:
"Sec. 15-34.1 Definitions.
(a) 'Antique auto' means passenger cars or trucks that were manu-
factured in 1925 or before, or which become 35 or more years
old,
(b) 'Collector' means the owner of one or more antique or special
interest vehicles who collects, purchases, acquires, trades,
or disposes of special interest or antique vehicles or parts
of them for his own use in order to restore, preserve, and
maintain an antique or special interest vehicle for historic
interest.
(c) 'Junked vehicle' means any motor vehicle as defined in Section
1 of Article 670ld-ll, Vernon's Texas Civil Statutes, as amended,
and which is subject to registeration pursuant to the Texas
Certificate of Title Act, which (1) is inoperative and which
does not have lawfully affixed thereto both an unexpired lic-
ense plate or plates and a valid motor vehicle safety in-
spection certificate and which is wrecked, dismantled, par-
tially dismantled or discarded; or (2) which remains inoperable
for a continuous period of more than 120 days.
(d) 'Special interest vehicle' means a motor vehicle of any age
which has not been altered or modified from original manu-
facturer's specifications and, because of. its historic
interest, is being preserved by hobbyists."
SECTION 2. THAT Sections 15-34.2 through 15-34.8 of the Code of
Ordinances for the City of Lubbock BE and are hereby respectively renumbered as
Sections 15-34.4 through 15-34.10.
SECTION 3. THAT a new Section 15-34.2 BE and is hereby inserted into
the Code of Ordinances for the City of Lubbock, which section shall read as
follows:
"Sec. 15-34.2 Public Nuisance Declared.
Any junked vehicle located in the. City of Lubbock in any place
where it is visible from a public place or public.right-of-way is
detrimental to the safety and welfare of the gener~l public, tending
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to reduce the value of private property, to invite vandalism, to create
fire hazards, and to constitute an attractive nuisance creating a
hazard to the health and safety of minors, and is detrimental to the
economic welfare fo the City of Lubbock, by producing urban blight
which is adverse to the maintenance and continuing development of the
City of Lubbock, and such vehicle is therefore, declared to be a
public nuisance."
SECTION 4. THAT a new Section 15-34.3 BE and is hereby inserted into
the Code of Ordinances for the City of Lubbock, which section shall read as
follows:
"Sec. 15-34.3 Exceptions.
This Article IIIA of the Code of Ordinances for the City of Lubbock
shall not apply to (a) a vehicle or part thereof which is completely en-
closed within a building in a lawful manner where it is not visible from
the street or other public property, (p} a vehicle or part thereof which
is stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or a junkyard or (c) un-
licensed, operable or inoperable antique or special interest vehicles
stored by a collector on his property, provided that the vehicles and
the outdoor storage areas are maintained in such manner that they do not
constitute a health hazard and are screened from ordinary public view
by means of a fence, rapidly growing trees, shrubbery, or other appro-
priate means."
SECTION 5. THAT Section 15-34.10, being the former Section 15-34.8, of
the Code of Ordinances for the City of Lubbock, BE and is hereby amended to
read as follows:
"Sec. 15-34.10 Penalty.
Any person, firm association. or corporation violating any of the
provisions of this Article IIIA shall be deemed guilty of a misdemeanor
and conviction thereof shall be punishable by a fine not to exceed two
hundred dollars ($200. oo:t and the court shall order removal and abate
ment of the nuisance. Each day shall constitut~ a separate violation."
SECTION 6. THAT violation of any provisions of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
provided in Section 1-5 of the City Code.
SECTION 7. THAT should any paragraph, sentence, clause, phrase or word
of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
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SECTION 8. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 14 day of_....;::.,J~uuo~e ___ , 1979.
Passed by the City Council on second reading this 28 day of June , 1979.
ATTEST:
APPROVED AS TO CONTENT:
Northcutt, Administrator
and Environmental Control
APPROVED AS TO FORM:
Leon G. Bean~ Asst. City Attorney