HomeMy WebLinkAboutOrdinance No. 04-1577
CITY OF THE COLONY, TEXAS
ORDINANCE NO. eq - .571
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 10, ARTICLE II, DIVISION 2.
ABANDONED AND JUNKED MOTOR VEHICLES, BY AMENDING SECTION 10-
32(b )(2) TO PROHIBIT THE USE OF CAR COVERS FOR THE PURPOSE OF
SCREENING JUNKED VEHICLES AND DELETING SECTIONS 10-33(c) AND 10-33(d)
WHICH CONFLICT WITH THE CURRENT STATE LAW PROVISIONS FOR THE
REMOVAL OF ABANDONED MOTOR VEHICLES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Transportation Code provides for the requirements for the regulation of
junked motor vehicles; and
WHEREAS, the City has declared junked vehicles stored on private property to be a
public nuisance and detrimental to the safety and welfare of the citizens; and
WHEREAS, the City Council has determined that the covering of a junked motor vehicle
does not abate the violation; and
WHEREAS, the City Council finds that it is in the best interest of the City to amend the
City Ordinance regulating junked motor vehicles to prohibit the use of car covers, car blankets,
tarps or similar coverings for the purpose of screening a junked motor vehicle from public view.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That Chapter 10 of The Colony Code of Ordinances, is hereby amended by
amending Section 1 0-32(b )(2) by amending subsection (c) to require permanent landscaping as a
means of screening and by adding subsection (3), which shall read as follows:
" Sec. 10-32. Junked vehicles.
. . . . .
(b) Inability of subsection (a)......
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(2) . . .. .
c. Screened from ordinary public view by appropriate means, including a fence,
permanent landscaping which may include rapidly growing trees or shrubbery.
(3) It shall not be a defense under this Division that the vehicle or part of a vehicle is
covered by car cover, car blanket, tarp or similar covering."
SECTION 2. Chapter 1 0 of the The Colony Code of Ordinances is amended by
amending Section 1 0-33 by deleting subsection (c) and subsection (d), which shall read as
follows:
"Sec. 10-33. Notices required.
(a) . . .. .
(b) . . . . ."
SECTION 3. That all provisions of the ordinances of the City of The Colony in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of The Colony not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code
of Ordinances as a whole.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by the prior law and provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
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SECTION 6. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of The Colony, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense
SECTION 7. This Ordinance shall take effect immediately from and after its passage, as
the law and Charter in such case provide.
DULY PASSED by the city council of the City of The Colony, Texas, on the /~
day of kr. ,2004.
APPROVED:
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STIE WILSON, CITY SECRETARY
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