Ord. 1286-1 2012-03-12 - Supp 5 ORDINANCE NO. 1286-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 14, ARTICLE III,
JUNKED VEHICLES, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, FOR THE; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 14, Article Ill, Junked Vehicles, of the City of
Pearland Code of Ordinances, is hereby amended, to read as follows:
Section 14-52. Definitions
"Antique Vehicle"- shall mean a passenger car or truck that is at least 25 years
old.
"Junked Vehicle"- shall mean a vehicle that is self-propelled and does not have
lawfully attached to it:
(1) an unexpired license plate; of and a valid motor vehicle inspection
certificate; and
(2) is:
(a) wrecked, dismantled or partially dismantled, damaged, discarded; or
(b) inoperable and has remained inoperable for more than:
(i) seventy-two (72) consecutive hours, if the vehicle is on public
property; or
(ii) thirty (30) consecutive days if the vehicle is on private property.
"Motor vehicle" shall mean any motor vehicle subject to registration pursuant to
the Texas Certificate of Title Act.
"Motor vehicle collector" shall mean a person who owns one or more antique
or special interest vehicles and who collects, purchases, acquires, trades, or
disposes of special interest or antique vehicles or parts of them for his own use in
order to restore, preserve, and maintain an antique or special interest vehicle for
historic interest.
ORDINANCE NO. 1286-1
"Motor vehicle demolisher" shall mean any person in the business of
converting motor vehicles into processed scrap or scrap metal, or otherwise
wrecking or dismantling motor vehicles.
"Special interest vehicle" shall mean a motor vehicle of any age which has not
been altered or modified from original manufacturer's specifications and, because
of its historic interest, is being preserved by a hobbyist.
"Storage facility" shall mean a garage, parking lot, or any type of facility or
establishment for the servicing, repairing, storing, or parking of motor vehicles.
Section 2. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any sum not more than Two Hundred Dollars ($200).
Section 3. Savings. All rights and remedies which have accrued in favor
of the City under this Chapter and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
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ORDINANCE NO. 1286-1
Section 6. Publication and Effective Date. The City Secretary shall
cause this ordinance, or its caption and penalty, to be published in the official
newspaper of the City of Pearland, upon passage of such ordinance. The
ordinance shall then become effective ten (10) days from and after its
publication, or the publication of its caption and penalty, in the official City
newspaper.
Section 7. Declaration of Emergency. The Council finds and
determines that the need to regulate the proliferation of junked vehicles inures to
the benefit of the public and, therefore, bears directly upon the health, safety and
welfare of the citizenry; and that this ordinance shall be adopted as an
emergency measure, and that the rule requiring this ordinance to be read on two
(2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED ON FIRST READING this the 12th day of March, A.D.,
2012.
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EID
MAYOR
ATTEST:
Y• G L• .1 'G 13..4 •
SE ,. ' TARP
APPROVED AS TO FORM:
dr?
DARRIN M. COKER
CITY ATTORNEY
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