HomeMy WebLinkAboutOrdinance - 2002-O0044 - Amending Chapter 16 With Regard To Junked Vehicle/Relocation Of Public Nuisance - 04/25/2002First Reading
April 25. 2002
Item No. 23
ORDINANCE NO. 2002-o0044
Second Reading
May 9, 2002
Item No. 12
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
DEFINTIONS RELATED TO JUNKED VEHICLES; RELOCATION OF PUBLIC
NUISANCE TO ANOTHER LOCATION; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Counsel of the City of Lubbock, Texas deems it in the
best interest of the health, safety, and welfare of the citizens of Lubbock to make the
following amendments to Chapter 16 of the Code of Ordinances with regard to
amending the definition of a junked vehicle and a motor vehicle collector; relocation of
public nuisances; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 16-368 of the Code of Ordinances of the City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 16-368. Definitions.
As used in this article:
Antique auto means passenger cars or trucks that were manufactured in
1925 or before, or which become thirty-five (35) or more years old.
Junked vehicle means any motor vehicle as defined in Chapter 683 of the
Transportation Code, Subchapter E, Article 683.071, Vernon's Texas Civil
Statutes, as amended:
A vehicle that is self-propelled and:
(1) does not have lawfully attached to it:
(A) an unexpired license plate; or
(B) a valid motor vehicle inspection certificate;
(2) is wrecked, dismantled or discarded; or
(3) is inoperable and has remained inoperable for more than:
(A) 72 consecutive hours, if the vehicle is on public
property; or
(B) 30 consecutive days, if the vehicle is on private
property
Motor vehicle collector means a person who owns one or more antique
or special interest vehicles; and acquires, collects, or disposes of an antique or
special interest vehicle or part 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 which has not
been altered or modified from original manufacturer's specifications and,
because of its historic interest, is being preserved by hobbyists.
SECTION 2. THAT the Code of Ordinances, City of Lubbock, Texas is hereby
amended by adding a section to be numbered Section 16-376.1, which said section
reads as follows:
Sec. 16-376.1. Relocation of public nuisance to another location.
The relocation of a junked vehicle that is a public nuisance to another location
within the city limits of the City of Lubbock after a proceeding for the
abatement and removal of the public nuisance has commenced has no effect on
the proceeding if the junked vehicle constitutes a public nuisance at the new
location.
SECTION 3. THAT violation of any provision of this ordinance shall be
deemed a misdemeanor punishable as provided by Section 1-4 of the Code of
Ordinances of the City of Lubbock, Texas.
SECTION 4. THAT should any paragraph, section, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
the Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary of the City of Lubbock, Texas, is
hereby authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 25th day of __ A~p_r_il __ , 2002.
Passed by the City Council on second reading this 9th day of __ Ma___,y'----' 2002.
ATTEST:
~~«~ Recca Garza, City Secretary ~
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
gslccdocs/N.ord
April 12, 2002