HomeMy WebLinkAboutOrdinance No. 2015-2124CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING OF THE CODE OF ORDINANCES,
CHAPTER 6, ARTICLE X, DIVISION 2, SECTION 6-220, ENTITLED
"DEFINITIONS," BY AMENDING THE DEFINITION OF "JUNKED
VEHICLE"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS ($200) FOR EACH AND EVERY
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2013, the Texas Legislature amended the definition of 'Junked vehicle" as
contained in section 683,071 of the Texas Transportation Code with the passage of House Bill 2305
(2013); and
WHEREAS, House Bill 2305 (2013) provides that the new definition of "junked vehicle"
as contained in that bill is not effective until March 1, 2015; and
WHEREAS, Section 683.0711 of the Texas Transportation Code provides the authority for
the City Council of the City of The Colony, Texas, to adopt a more inclusive definition of a junked
vehicle; and
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to ai-nend the current Chapter 6, Article X,
Division 2, Section 6-220, by amending the definition of "junked vehicle" in accordance with State
law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 6, Article X, Division 2, Section 6-220, by
amending the definition of "junked vehicle, " which shall read as follows.
See. 6-220. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
"Junked vehicle means a vehicle that:
(1) is self-propelled; and
(2) is:
(A) wrecked, dismantled or partially dismantled, or discarded, or
(B) inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property, or
(ii) '30 consecutive days, if the vehicle is on private property.
For purposes of this division, "junked vehicle" includes a motor vehicle, aircraft, or watercraft.
This division applies only to:
{1) a motor vehicle that displays an expired license plate or does not display a license
plate;
(2) an aircraft that does not have lawfully printed can the aircraft an unexpired federal
aircraft identification number registered under ]Federal Aviation Administration
aircraft registration regulations in 14 C.T".P.. Part 47; or
(3) ) a watercraft that:
(A) does not have lawfully on board an unexpired certificate of number; and
(I3) is not a watercraft described by Section 3) 1.055 of' the Texas Parks and
Wildlife Code, as amended."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent _jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the sante are hereby amended, repealed, and.
all. other provisions of the ordinances of the City not in conflict with the provisions of tliis
Ordinance shall remain in full force and effect.
SECTION 5. Any person, firm., or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
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Hundred Dollars ($200.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective on March 1, 2015 and publication
as required by law, whichever is later.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THI
COLONY, TEXAS, THIS THE 17"' day of FEBRUARY, 2015.
e -JA- Z",
�444 Christie 'Wilson , eity Secret -3,
-41
JcffMd6?c", City Attorney 0*0'
JJ e M C urr, Mayor
41,
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