HomeMy WebLinkAboutOrdinance No. 97-957
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CITY OF THE COLONY, TEXAS
ORDINANCE NO. q ~7
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 10 OF THE
CODE BY AMENDING DIVISION 2 RELATING TO ABANDONED AND
JUNKED MOTOR VEHICLES BUY AMENDING SECTION 10-30 BY ADDING
A DEFINITION OF "INOPERABLE"; BY AMENDING SECTION 10-32 BY
SPECIFYING A PENALTY FOR ANY SUCH JUNKED VEHICLE IN AN
AMOUNT NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00), AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SA VINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS:
Section 1. Amendment. The Code of Ordinances of the City of The Colony, Texas is
hereby amended in the following particulars, and that all other chapters, sections, subsections,
paragraphs, sentences, words and phrases of said Code are not amended but are hereby ratified, verified,
approved and affirmed:
A. Chapter 10 ("Health and Sanitation") is hereby amended in the following particulars:
1. Section 10-30 is hereby amended by adding a defmition of "inoperable" to read
as follows:
Inoverable means inability to be lawfully driven on a public street or right-
of-way by being either: (1) incapable of being propelled on its own power
due to dismantling. disrepair. or similar mechanical or equipment defect.
or (2) failure to have affixed in places designated by the Texas
Transportation Code or any subsequently enacted State law pertaining to
motor vehicles both a current and valid State inspection and vehicle
registration certificate. symbol or emblem.
2. Section 10-32 (a)(2) is hereby amended so that it shall hereafter read as follows:
"Sec. 10-32. Junked vehicles.
(a) Public nuisance.
(2) Offense: venalty. A person commits an offense under this division if he maintains
a public nuisance described by subsection (a)(1) of this Section 10-32. Each day in which the nuisance
INOPERABLE VEHICLES - 2-3-97
is maintained shall constitute a separate offense. Upon a finding that the defendant is in violation of this
Section 10-32. the defendant is guilty of a misdemeanor and subiect to a fine not to exceed $200."
Section 2. Savings. That this ordinance shall be cumulative of all other ordinances of the
City affecting junked 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 3. Severability. The sections. paragraphs. sentences. clauses. phrases and words
of this ordinance are severable. and if any sections. paragraph. sentence. clause. phrase or word of this
ordinance 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 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. Effective date. This Ordinance shall become effective from and after its date
of passage as provided by law.
3 PASSED AND APPROVED by the City Council of the City of The Colony. Texas on
this the Rb day of _F EI6RUA~1/ . 1997. ~
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William W. Manning. Mayor
ATTEST:
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Patti A. Hicks. TRMC. City Secretary
APPROVED AS TO FORM:
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City Attorney
INOPERABLE VEHICLES - 2-3-97