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HomeMy WebLinkAbout268 11-09-1965ORDINANCE NO. 268 AN ORDINANCE REGULATING INOPERATIVE AND ABANDONED AUTOMOSI LES, TRUCKS, TRAILERS, OR OTHER MOTOR VEHICLES; DECLARING AUTO - MIOB I LES , TRUCKS, TRAILERS OR OTHER MOTOR VEHICLES PARKED OR ALLNED TO STAND IN VIOLATION Of THIS ORDINANCE TO BE A NUISANCE; OVINING CERTAIN TERMS; OECLAR- iNG A PENALTY; PROVIDING A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE iT ORDAINED BY THE CITY COUNCIL ON' THE CITY Of EULESS, TEXAS: 1. DEFINITIONS 1. For the purpose of this Ordinance the terms autameablio. truck, trailer, or any other rotor vehicle shelf be defined In accord- once with the provisions of Article i, Subdivision 1 of Article 6701(4), Revised Civil Statutes of the State of Texas. 2. Inoperative automobiles, trucks, trailers or other rotor vehicles when used In this Ordinance shall refer to any such vehicle io the open on any property, public or private, in the City of Euless for a period in excess of 10 days when such vehicle Is without one or more wheels or apparent y cannot otherwise be saved under Its own paver or in Its then condition. ifs PROHIBITING ABANDONED AUTOMOBILES, TRUCKS, 1. it shall hereafter be unlawful for any person, firm or corporation to place, leave, park or abandon an automobile, truck, trailer or any other motor vehicle for more than forty -eight continuous hours In or on any public street, alley, sidewalk, park or other public property when such vehicle is without one or more wheels or Is ap- parently inoperative for any reason. 2. It shall further be unlawful for any person, f trm or corporation to place, leave, park or abandon an automobile, truck, trailer or any other motor vehicle on any property in the City, public or private, for a period In excess of ninetyslx hours whoa such ve- hicle or troller Is without one or were wheels or Is apparently Inoperative for any reason. 3. for the purposes of this Ordinance any vehicle or troller which does not bear license plates or an inspection certi- ficate as required by lawn for the current registration or inspection year shall be deeemad inoperative and subject to the provisions of this Ordinance. iii. UM Automobiles, trucks,, trailers or any other motor vehicles found to be to violation of this Ordlven+co are declared a nuisance and shall be removed sunwri ly by the Police Department or any per- son duly authorized by the Euless Chief of Police and shall be taken and Impounded to a place designated by the Chief of Pollee and shall be kept there until redeemed or sold as herein prov i deed . IV. The City of Euless sha11 have a lien on such IWgX eaeded vehicles as above defined for all costs incurred In removing, Im- pounding, storing and advertising such property and such lion shall be prior and superior to all other liens of every kind and the City shall be entitled to retain possession of such vehicle until all costs are paid &W the City may soft such property as hereinafter provided to pay such casts. '� I40 _VTJJj. 2F K Whew any outomblie, truck, trailer or other motor vehicle has not been redeemed within thirty days from the date of its impounding, It shall be the duty of the Chief of Police to submit to the Taxers H i ghwaey Department all I nformat i oin coe+cernl ng said vehicle and to re- quest that Im be supplied with +ell Information from the records of the Deperu ent portaining to said vehicle. Immediately upon receipt of such information the Chief of ib1iee shall notify the owner and Ilan holder as shown by the records of the Texas Highway Department, such notlfloatio+ to be by certified mall, return receipt requested, Informing the owner and Ilan holder that said vehicle has been Inc» pounded area of the provisions of this to rd i nonce . In the event a motor vehicle has not boon redeemed within fifteen days from receipt of the return roeolgt, the Chief of Polk* shall, prepare a notice of sale of such vehicles and shall send a copy of said notice by certified mall to the owrwer and Ilea holder as show by the records of the Texas H I ghwray Department and shot) post sM advertise said notice of such sale. Notice by certified mall to the address shover* on the records of the Texas Highway Ooportment shall constitute notice of the pending sate to the owner and Ilan holder. Vi. When an Impounded veh i c 1 e Is not redeemed as provided In this Crdlnance, the Chief of Police shall sell each property at public auction and shall execute a bill of We of said property to the purchaser theroof x provided, howatver, he shelf not execute or deliver the vehicle or the 1x111 of sale until the title to the said buyer has become absolute by an expiration of thirty days from the date of sale without the record owner seeking to reft" such property. After doduction of costs Incurred by the City, the Chief of Police sharp pay the balance of the procarefe of such set*, if any, to the owner of the property and If the ear fails to call for such pro- coeds, they shall be paid into the City treasury and shall, after six months, become City property. Vil. HUMMI 9LIM Should any section, article, prevision or part of this Ordi- nance be declared to be uncons t i t uft l ona l &W sera i d by a court of coaepatent jurisdiction, such Jotlslons shall in no wry affect the validity of any of the romatning parts of this Crdimace, unless the part held unconstitutional or void is Inseparable from and indis- ponsoble to tlae ororattlon of the remIning parts. The City Council hereby declares that It would have passed those parts of this Ordinance which are valid and woulJ have omitted any parts which may be unconstitutional or void, If It hard known such parts were unconstitutional or void at the time of the pass*" of this Ordinance. Vill. Any persm. firm or corporation violating any of the pro- visions of this iird i Trance shat l l be deemed guilty of a m i sdome*nor and upon conviction thereof sha f l be fined In an amount of not less than $2 -5.00 mor more than $200.00 for each offense. Each daily that such violation shall continue shall be deemed a separate and distinct offenses and shall be punishable at such. IX. ih i s O rd f na ncee shall become effective and be In full force and affect from and after the day of its adoption and publication as by law provided. PRESENTED AND PASSED ON FIRST AND FINAL READ 1 NG on the Sth day of November, 1955, at a regular meet i rig of the C 1 ty Coumr 11 oNovember, the City of Mono Texas ATTEST- Mayor City Secretary