85-9-Ordinance-Amending Junk Vehicles Regulations-05/20/1985CI Y SECRETARY
CITY OF SANGER, TEXAS ORIGINAL COPY
ORDINANCE NO. 85-9
W
AN ORDINANCE AMENDING CHAPTER 9, SECTION 5A OF THE CODE
OF ORDINANCES OF THE CITY OF SANGER, TEXAS ENTITLED
JUNK VEHICLES DEFINED AND SECTION 5B ENTITLED JUNK
VEHICLES DEEMED PUBLIC NUISANCE; EXCEPTIONS;PROVIDING
FOR A REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE;
AND PROVIDING FOR A PENALTY FOR VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION I
THAT CHAPTER 9, SECTION 5A &;5B OF T.HE SANGER COAE OF :ORDINANCES IS
HEREBY AMENDED TO READ AS FOLLOWS:
SECTION 5: JUNKED VEHICLES
5A. DEFINIT C>NS
(1) Junk vehicle means any vehicle which does not
have lawfully affixed thereto both a valid
Texas License plate or plates and a valid Texas
Department of Public Safety motor vehicle
inspection certificate, and the condition of
which is one (1) or more of the following:
a. Wrecked
b. Dismantled
C. Inoperative
d. Abandoned and/or discarded, including
components thereof.
(2) Antique vehicle means a passenger car or truck
that is at least 35 years old.
(3) Special interest vehicle means a motor vehicle
of any age that has not been altered or modified
from original manufacturer's specifications and,
because of its historic interest, is being pre-
served.
(4) Sight barrier fence means a fence built of
materials and constructed in such a way that
ob3ects placed behind the fence cannot be seen
from the opposite side of the fence. Sight
barrier fencing must meet City of Sanger
specifications and be approved by the City
Building Inspector.
B. JUNKED VEHICLES DEEMED PUBLIC NUISANCES; EXCEPTIONS
The location or presence of any junked vehicle or junked
vehicles on any lot, tract, parcel of land, or portion
thereof, occupied or unoccupied, improved or unimproved,
within the city shall be deemed a public nuisance and it
shall be unlawful for any person to maintain such a
public nuisance or to permit or allow the same to exist
on his or its property or on the property of another,
provided that this subsection shall not apply to a
vehicle or vehicle part that is, in a lawful manner:
(1) Completely enclosed within a building or screened
from ordinary public view by means of a sight
barrier fence of appropriate height and construction.
(2) Stored or parked on the premises of a business
enterprise when necessary to the operation of such
business enterprise.
(3) In an appropriate storage place or depository
maintained by the City of Sanger.
(4) In an operable condition specially adapted or
constructed for racing or operation on privately
owned drag strips or raceways.
(5) Retained by the owner for antique or special
interest collection purposes rather than for
salvage or for transportation and stored in a
manner as described in (1) above.
(6) Stored as the property of a member of the armed
forces of the United States who is on active
duty assignment outside the continental and
territorial limits of the United States.
SECTION II
All Ordinances or parts of Ordinances in conflict herewith
are, to the extent of such conflict, hereby repealed.
SECTION III
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses,
and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph, or section of this
Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and
sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in
this Ordinance of any such unconstitutional phrase, clause,
sentence, paragraph, or section.
SECTION IV
Whenever in this Ordinance an act is prohibited or is made
or declared to be unlawful or an offense or a misdemeanor,
or wherever in such Ordinance, the doing of an act is
required or the failure to do any act is declared to be
unlawful, the violation of any such provision shall be
punished by a fine of not exceeding Two Hundred ($200.00)
Dollars; provided, however, that no. penalty shall be
greater or less than the penalty provided for the same or
similar offense under the laws of the State. Each day
any violation of this.. Ordinance shall continue shall
constitute a separate offense.
SECTION V
This Ordinance will take effect
its passage and the publication
in such cases provides.
immediately from and after
of the caption as the law
PASSED AND APPROVED this r — day of __, 1985,
by the City Council of the City of Sanger, Texas.
ATTEST:
,:r. -
APPROVED:
or
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