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