04-117 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-117
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS DECLARING JUNKED
VEHICLES AS A PUBLIC NUISANCE IN THE TOWN OF PROSPER, TEXAS;
ESTABLISHING REGULATIONS AND PROCEDURES FOR THE CONTROL AND
REMOVAL OF JUNKED VEHICLES; PROVIDING FOR A PENALTY AND MAKING IT
AN OFFENCE FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the Town Council of Prosper (the "Town Council") has investigated into and
determined that it will be advantageous and beneficial to the Town of Prosper ("Prosper") and its
inhabitants to declare junked vehicles as a public nuisance in Prosper; and
WHEREAS, the Town Council has investigated and determined it will be in the best interest of the
public health, safety and welfare to establish procedures for the removal of junked vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Definitions. For the purposes of this Ordinance, the following definitions apply:
Antique vehicle as used herein means a passenger car or truck manufactured at least twenty-five
(25) years ago.
Demolisher as used herein means a person with a business that converts a motor vehicle into
processed scrap metal, or otherwise wrecks or dismantles motor vehicles.
Junked vehicle as used herein means a motor vehicle as defined in V.T.C.A., Transportation
Code, Chapter 683, that is self-propelled vehicle, or part thereof, that:
A. Does not have attached lawfully to it:
1. an unexpired license plate; or
2. a valid motor vehicle inspection certificate; and
B. is:
1. wrecked, dismantled or partially dismantled, or discarded; or
2. inoperable and has remained inoperable for more than:
a. seventy-two (72) consecutive hours, if the vehicle is on public
property; or
b. thirty (30) consecutive days, if the vehicle is on private property.
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Special interest vehicle means 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 means 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: Junked Vehicle Declared a Public Nuisance. A junked vehicle, including part of a
junked vehicle, that is visible at any time of the year from a public place or public right-of-way:
A. is detrimental to the safety and welfare of the public;
B. tends to reduce the value of private property;
C. invites vandalism;
D. creates a fire hazard;
E. is an attractive nuisance creating a hazard to the health and safety of minors;
F. produces urban blight adverse to the maintenance and continuing development of
municipalities; and
G. is a public nuisance.
SECTION 4: Offense.
A. A person commits an offense if the person allows or maintains a junked vehicle in any
place, whether on private or public property, in view of the public or on a public right-of-
way.
B. An offense under this Section 4 is a misdemeanor punishable by a fine not to exceed two
hundred dollars ($200.00). A separate offense occurs each and every day the violation
described in subsection (a)continues.
C. The court shall order abatement and removal of the public nuisance on conviction of this
offense.
SECTION 5: Authority to Abate Nuisance; Procedures. To abate and remove a junked vehicle
from any place visible to the public, whether on private or public property, the following procedure is
required:
A. Notice.
1. Any employee of a department authorized by the Town Administrator to enforce
this Ordinance shall:
a. Send written notice via certified mail, with a five (5) day return receipt
requested, (i) to the last known registered owner of the junked vehicle; (ii)
to any known lienholder of record of the junked vehicle; and (iii) to the
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owner or occupant of the property on which the junked vehicle is located,
or, if the junked vehicle is on the public right-of-way, the owner or
occupant of the property adjacent to the public right-of-way; or
b. Post written notice on the junked vehicle if the address of the last known
registered owner of the junked vehicle is unknown; or
c. Hand-deliver notice to the last known registered owner of the junked
vehicle if his or her physical location is known.
2. The notice must state the nature of the nuisance, and that:
a. The junked vehicle must be abated and removed no later than the tenth
(10th)day after the date on which the notice was mailed; and
b. Any request for a hearing must be made in writing and received by the
department before that ten (10)day period expires.
3. If any notice is returned undelivered, action to abate the nuisance shall continue to
a date not earlier than the eleventh (11th)day after the date of the return.
4. In the case where a person receiving notice neither requests a hearing nor abates
the nuisance within the ten (10) day period provided in subsection 5.A.2.a., the
Town Administrator, or his/her designee shall, in compliance with subsection
5.A.1., give notice of a public hearing, providing the date, time, and place of the
hearing.
B. Hearing.
1. The Town Administrator, or his/her designee, shall conduct all hearings under this
Section. This hearing officer does not have to adhere to strict rules of evidence,
and can adopt informal procedures for the hearing.
2. If a person receiving notice of a junked vehicle requests a hearing, the public
hearing shall occur not earlier than the eleventh (11th) day after the date of the
service of notice. If a person has not responded to the initial notice, a public
hearing may occur five (5) business days after the date on the notification of public
hearing required by Section 5.A.4.
3. At the hearing, the junked vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
C. Abatement and removal of nuisance.
1. Request for abatement and removal of junked vehicle.
a. After receiving written notice from the Town regarding the public nuisance
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created by a junked vehicle:
The owner of the junked vehicle may request and authorize the
Town to remove the junked vehicle; or
ii. The owner or occupant of the private property upon which the
junked vehicle is located may request and authorize the Town to
remove junked vehicle if the Town cannot locate the vehicle's
owner.
b. Before the Town removes a junked vehicle, the person requesting
removal under this Section must execute an authorization and
indemnification agreement, thereby allowing the Town to enter the private
property and holding the Town harmless from any claim of injury or
damage sustained as a result of the removal and disposal of the junked
vehicle in accordance with Section 7.
2. Abatement and removal of junked vehicle after hearing.
a. Should a hearing officer find that a junked vehicle, or part thereof, is
located in an area visible from a public place or in a public right-of-way,
the hearing officer shall order abatement and removal of the junked
vehicle.
b. If the information is available at the location of the nuisance, an order
requiring removal of the nuisance must include the vehicle's description,
vehicle identification number, and license plate number,
c. The municipal court may issue orders necessary to enforce the
procedures and removal of the public nuisance.
SECTION 6: Administration of Procedures; Authority to Enforce.
A. Regularly salaried, full-time Town employees shall administer the procedures
outlined in Section 5 for abatement and removal of a junked vehicle, except that
any authorized person may remove the nuisance.
B. Any employee of a department authorized by the Town Administrator to enforce
this Ordinance may enter private property to examine the public nuisance, to
obtain information to identify the nuisance, and to remove or direct removal of the
nuisance.
C. Any person authorized by the Town Administrator, or his/her designee, may enter
private property to remove the junked vehicle, or part thereof.
SECTION 7: Junked vehicle disposal.
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A. A junked vehicle removed under Section 5 may not be reconstructed or made
operable.
B. A junked vehicle may be removed to a scrap yard, a motor vehicle demolisher, or
any other suitable site for processing scrap or salvage.
C. After a proceeding for abatement and removal of a public nuisance commences,
removal of the junked vehicle to another location within the Town limits where said
vehicle continues to constitute a public nuisance has no effect on the proceedings
already underway.
SECTION 8: Notice to Texas Department of Transportation. No later than the fifth (5th) day
after the date of removal of a junked vehicle, the Town Administrator, or his/her designee, shall send notice
to the Texas Department of Transportation identifying the vehicle, or part thereof, removed so that the
Texas Department of Transportation may cancel the certificate of title issued for the vehicle.
SECTION 9: Exception. The provisions of this Ordinance do not apply to a vehicle or vehicle
part:
A. That is completely enclosed in a building in a lawful manner, and is not visible from
the street or other public or private property; or
B. That is stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is an antique or
special interest vehicle or vehicle part stored by a vehicle collector on the
collector's property, where the antique or special interest vehicle or vehicle part
and the outside storage area are:
1. Maintained in an orderly manner;
2. Not a health hazard; and
3. Screened from ordinary public view by appropriate means, including a
fence, shrubbery or rapidly growing trees.
SECTION 10: Savings/Repealing Clause. 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 portions
of said ordinances shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper
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 or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption
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and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUN L OF THE TOWN OF PROSPER,
TEXAS on thisa"c1 day of p�4'izJdsr may
CHARLE ISAN R, M
ATTESTED TO AND
CORRECTLY RECORDED BY:
SHANAE JENNI
Town Secretary
DATE OF PUBLICATION:*794.7 f4 / Q9 ,Dallas Morning News(Collin
County Edition)
ORDINANCE REGULATING THE OPERATION,STANDING AND/OR PARKING OF CERTAIN VEHICLES-Page 6
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on:
TOWN Of PROSPE
TEXAS ORDINANCE
NO.04-117 December 25,2004
AN ORDINANCE OF
THE TOWN OF PROS- December 27, 2004
PER, TEXAS DECLAR-
IN JUNKED VEHI-
CLES AS A PUBLIC
NUISANCE IN THE
TOWN OF PROSPER,
TEXAS; ESTABLISHING
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INGCFORS AN EFOFEC-
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