18-111 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-111
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 8.05.001, "DEFINITIONS," OF ARTICLE 8.06, "JUNKED
VEHICLES," OF CHAPTER 8, "OFFENSES AND NUISANCES," OF THE
TOWN'S CODE OF ORDINANCES BY REPEALING SAID SECTION IN ITS
ENTIRETY AND REPLACING IT WITH A NEW SECTION 8.05.001,
"DEFINITIONS," OF ARTICLE 8.05, "JUNKED VEHICLES," OF CHAPTER 8,
"OFFENSES AND NUISANCES," OF THE TOWN'S CODE OF ORDINANCES
BY AMENDING THE DEFINITION OF A JUNKED VEHICLE TO ELIMINATE THE
REQUIREMENT OF DISPLAYING AN EXPIRED MOTOR VEHICLE
INSPECTION CERTIFICATE; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that it is necessary to amend the definition of a junked vehicle'to
ensure the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Section 8.05.001,
"Definitions," of Article 8.05, "Junked Vehicles," of Chapter 8, "Offenses and Nuisances," of the
Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Section
8.05.001, "Definitions," of Article 8.05, "Junked Vehicles," of Chapter 8, "Offenses and
Nuisances," of the Town's Code of Ordinances to read as follows:
"Sec. 8.05.001 Definitions
For the purposes of this article, the following definitions apply:
Rnfiaue vehicle. A passenger car or truck manufactured at least twenty-five (25) years ago.
Demolisher. A person with a business that converts a motor vehicle into processed scrap metal,
or otherwise wrecks or dismantles motor vehicles.
Junked vehicle. A motor vehicle as defined in V.T.C.A., Transportation Code, chapter 683, that
is a self-propelled vehicle, or part thereof, that:
(1) Displays an expired license plate or does not display a license plate; and
(2) 1s:
(A) Wrecked, dismantled or partially dismantled, or 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.
Svecial interest vehicle. A motor vehicle of any age without alteration or modification from original
manufacturer's specifications that, because of its historic interest, is preserved by hobbyists.
Vehicle collector. An antique or special vehicle owner who, for personal use, collects, purchases,
acquires, trades, or disposes of antique or special interest vehicles, or their parts, in order to
restore, preserve, and maintain an antique or special vehicle for historic interest."
SECTION 3
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude
a suit to enjoin such violation. The Town retains all legal rights and remedies available to it
pursuant to local, state and federal law.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
Ordinance No. 18-111, Page 2
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11TH DAY OF DECEMBER, 2018.
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Rouyn attle, Town Secr ary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
APPROVED:
Ray Smith, M yor
Ordinance No. 18-111, Page 3