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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 -3-