ORD 1989-18ZIA NAM" 1410.1
ORDINANCE 89-18
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 89-I8
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 89-13 RELATING
TO JUNKED AND ABANDONED VEHICLES BY AMENDING
SECTION 3 THEREOF BY ADDING A PROVISION
DECLARING A JUNKED VEHICLE VISIBLE ONLY FROM
PRIVATE PROPERTY TO BE A NUISANCE; PROVIDING
THAT ACTION AGAINST SUCH A JUNKED VEHICLE
SHALL BE BY COMPLAINT FILED IN THE TOWN
MUNICIPAL COURT OR BY OTHER REMEDIES, WHETHER
AT LAW OR IN EQUITY, AVAILABLE TO THE TOWN;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Texas Legislature has, by article 4477-9a,
Article V, V.T.C.S., declared junked vehicles visible from a
public place or public right-of-way to be a public nuisance; and
WHEREAS, junked vehicles visible only from a private
place or property tend to and do create and cause the same or
similar problems as junked vehicles visible only from a public
place, including being detrimental to the safety and welfare of
the general public, reducing the value of property, inviting
vandalism, creating a fire hazard, constituting an attractive
nuisance and so a hazard to the health and safety of minors,
and being a detriment to the economic welfare of the Town by
producing urban blight adverse to the maintenance and
continuing development of the Town; and
WHEREAS, the Town of Trophy Club, Texas is authorized and
empowered, pursuant to §122.005, Tex. Health & Safety Code
(Vernon), to adopt rules necessary or expedient to promote
health and to abate any nuisance that is or may be injurious to
the public health; and
WHEREAS, the Town has the further power, pursuant to art.
4436, V.T.C.S., to require the cleansing of any house,
building, establishment, lot, yard or ground from filth,
carrion or any other impure or unwholesome matter of any kind;
and
WHEREAS, a junked vehicle visible only from private
property is deleterious to the public health and welfare and
decreases property values, and the Town Council finds that the
adoption of this Ordinance is therefore in the best interests
of the health, safety and welfare of the citizens of and owners
of property within the Town.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied herein in their entirety.
Section 2. That Ordinance No. _0_84-130f the Town of
Trophy Club, Texas is hereby amended in the following
particulars, and that all other sections, subsections,
paragraphs, sentences, phrases and words of the said Ordinance
are not amended but are hereby ratified, verified, approved and
affirmed:
A. That Section 3.A. is hereby amended to read as
follows:
"Section 3. Junked vehicles.
A. Declaration of Nuisance.
(la) A junked vehicle that is located in a
place where it is visible only from private
property is detrimental to the safety and
welfare of the general public, tends to
reduce the value of private property, invites
vandalism, creates fire hazards, constitutes
an attractive nuisance creating a hazard to
the health and safety of minors, and is
detrimental to the economic welfare of the
Town by producing urban blight adverse to the
maintenance and continuing development of the
Town, and is a nuisance.
The provisions of subsection B. of this
Section 3 relating to abatement of nuisance
shall not be applicable to a junked vehicle
visible only from private property. For
purposes of enforcement of this subsection
(la), a complaint may be filed in the
municipal court of the Town, and the Town may
pursue any remedy it may have, whether at law
or in equity, to ensure compliance with this
ordinance.
(2') A person commits an offense if that
person maintains such a public nuisance or
nuisance on property owned by him or under
his control.
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(3) A person who commits an offense under
this section is, on conviction, subject to a
fine not to exceed Two Hundred Dollars
($200.00). Each day on which an offense is
committed or continues shall constitute a
separate offense."
Section 6. That this ordinance shall be cumulative of
all other ordinances of the Town affecting junked and abandoned
vehicles and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
ordinance.
Section 7. if any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstance, is held
invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of the ordinance, and the Town Council
hereby declares it would have passed such remaining of the
ordinance despite such invalidity, which remaining portions
shall remain in full, force and effect.
Section 9. That this ordinance shall become effective
from and after the date of its date of passage and publication
as provided by law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the _21— day of November 1989.
y /TAwn of Troj1h Clubas
Ma or, y , Texas
ATTEST:
Town, S,c re t a ry
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
�--own Attorney
Town of Trophy Club, Texas
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