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HomeMy WebLinkAbout2018-4029 - Ordinance - 07/26/2018ORDINANCE NO. 2018-4029 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE III, “JUNKED VEHICLES,” SECTION 38-132 AND SECTION 38-140, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO JUNKED VEHICLES; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 38, “Traffic and Vehicles,” Article III, “Junked Vehicles,” Section38- 132 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and that Chapter 38, “Traffic and Vehicles,” Article III, “Junked Vehicles,” Section 38-140 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2018-4028 Page 2 of 4 PASSED, ADOPTED and APPROVED this 26th day of July, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2018-4028 Page 3 of 4 EXHIBIT A That Chapter 38, “Traffic and Vehicles,” Article III, “Junked Vehicles,” Section 38-132 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Junked vehicle: (1) The term "junked vehicle" means any motor vehicle as defined in Texas Transportation Code ch. 683: a. That is self-propelled; and b. is: 1. Wrecked, dismantled, partially dismantled, or discarded; or 2. 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. (2) The term "junked vehicle" includes a motor vehicle, aircraft, or watercraft. This definition applies only to: a. A motor vehicle that displays an expired license plate or does not display a license plate; b. An aircraft that does not have lawfully printed on the aircraft an unexpired Federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 CFR 47; or c. A watercraft that: 1. Does not have lawfully on board an unexpired certificate of number; and 2. Is not a watercraft described by Texas Parks and Wildlife Code § 31.055. 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. ORDINANCE NO. 2018-4028 Page 4 of 4 EXHIBIT B That Chapter 38, “Traffic and Vehicles,” Article III, “Junked Vehicles,” Section 38-140 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Section 38-140: Removal with permission of owner or occupant. Within ten days after receipt of notice to remove and abate the nuisance, as herein provi ded, the owner or occupant may give written permission to the Chief of Police or duly authorized agent for removal of the junked motor vehicle, or parts thereof, from the premises. The giving of such permission shall be considered compliance with the provisions of this section. Cost of removal will be borne by the Owner.