CHAPTER 8

OFFENSES AND NUISANCES

   ARTICLE 8.01 GENERAL PROVISIONS*

   Sec. 8.01.001     Shooting slingshot or airgun in public place

It shall be unlawful for any person to shoot a slingshot or airgun on or across the streets, alleys and public places of the city. (1964 Code, sec. 15-12)

   Sec. 8.01.002     Reward for arrest and conviction of persons damaging public property

(a)     The city hereby offers a reward of one hundred dollars ($100.00) to be paid to any person furnishing information leading to the arrest and conviction of any person willfully and without lawful authority attempting to or in fact destroying, altering, defacing, injuring, knocking down or removing any public property. Public property shall be defined as properties located within the city and held by the city, the state, the county, Robstown Independent School District and any other governmental agency.

(b)     Any person claiming the right to be paid a reward under the provisions of this section must file a notice of such claim, in writing, with the city council no later than ninety (90) days from and after the date of the conviction of any person for doing such criminal act in any court of competent jurisdiction. Such notice shall fully state the circumstances under which such person laid the information before the authorities leading to the arrest and conviction of the criminal, the full name of the claimant, and the name and address of any witnesses upon whom the claimant relies to verify his claim.

(c)     Appropriate signs notifying the public of the rewards provided for herein shall be displayed at various places in the city.

(1964 Code, sec. 15-14)

   ARTICLE 8.02 MINORS

   Division 1. Generally

   Sec. 8.02.001     Entering school grounds during certain hours

It shall be unlawful for any person below the age of seventeen (17) years to come in or upon any building or ground customarily used for public school purposes between the hours of 4:30 p.m. and 7:30 a.m. unless such person is engaged in a regularly supervised activity of such school or is in attendance at a program or function of such school to which the general public is invited. (1964 Code, sec. 15-7)

   Secs. 8.02.002–8.02.030     Reserved

   Division 2. Nighttime Curfew*

   Sec. 8.02.031     Hours; exceptions

It shall be unlawful for any person under the age of seventeen (17) years to loiter, idle, wander, stroll, play or be in or upon any public streets, highways, roads, alleys, parks, playgrounds, public places, public buildings, vacant lots or other unsupervised places between the hours of 10:30 p.m. and 6:00 a.m., from Sunday through Thursday, inclusive, and between the hours of 11:30 p.m. to 6:00 a.m. on Friday and Saturday of any week. This section shall not apply to a minor accompanied by his parent, guardian or other adult person having the care and custody of such minor; nor shall it apply to a minor who is upon an emergency errand or legitimate business directed by his parent, guardian or other person having the care and custody of the minor; nor if such minor is in attendance at or on his way directly to or directly home from any school function, church function or function under the direction of the park and recreation department of the city, or function under the sponsorship of a Boy Scout or Girl Scout organization or other similar organization, or organizations and functions under the direction and sponsorship of fraternal organizations, with the consent of his parent, guardian, or other adult person in charge of such minor; nor to a minor searching for medical attention or in the performance of the duties of lawful employment. (1964 Code, sec. 15-6)

   Sec. 8.02.032     Parental responsibility; encouraging or assisting violation

It shall be unlawful for any parent or person in loco parentis entitled to the custody or control of any person under the age of seventeen (17) years to knowingly allow or permit such minor to do any act in violation of this division. It shall likewise be unlawful for any person to induce, encourage or assist any person under the age of seventeen (17) years to do any act in violation of this division. (1964 Code, sec. 15-6)

   Sec. 8.02.033     “Public place” defined

The term “public place,” as used in this division, shall mean any theater, carnival, show, store, restaurant, soft-drink stand, hotel lobby, park, plaza, square, street or any other place to which the public is admitted, whether with or without the payment of any consideration for such admission. (1964 Code, sec. 15-6)

   Sec. 8.02.034     Penalty

Any person violating any provision of this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1.01.009 of this code; provided that any such person falling within the age classification of a delinquent child under the laws of this state shall be proceeded against as a delinquent child. (1964 Code, sec. 15-6)

   Secs. 8.02.035–8.02.070     Reserved

   Division 3. Daytime Curfew for Minors Subject to Compulsory School Attendance

   Sec. 8.02.071     Definitions

Curfew hours. 9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday; provided, however, the hours defined in this subsection shall not be considered as curfew hours for minors not subject to compulsory school attendance pursuant to section 25.085, Texas Education Code, nor shall the hours defined in this subsection be considered as curfew hours on days or during periods in which the school where the applicable minor is enrolled is closed or classes for which the applicable minor is enrolled have been cancelled under the order and direction of officials authorized to issue such orders and directives.

Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

Establishment. Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

Guardian.

(1)     A person who, under court order, is the guardian of the person of a minor; or

(2)     A public or private agency with whom a minor has been placed by a court.

Minor. Any person subject to compulsory school attendance.

Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

Parent. A person who is:

(1)     A natural parent, adoptive parent, or stepparent of another person; or

(2)     At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody for a limited time for a specific purpose of a minor.

Public place. Any place to which the public or a substantial group of the public has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Remain. To:

(1)     Linger or stay; or

(2)     Fail to leave premises when requested to do so by a peace officer or the owner, operator, or other person in control of the premises.

Serious bodily injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(Ordinance 905, sec. I, adopted 3/24/95)

   Sec. 8.02.072     Offenses

(a)     A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

(b)     A parent or guardian of a minor commits an offense if he knowingly or acting with criminal negligence permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(c)     The owner, operator, or any employee of an establishment commits an offense if he knowingly or acting with criminal negligence allows a minor to remain upon the premises of the establishment during curfew hours.

(Ordinance 905, sec. II, adopted 3/24/95)

   Sec. 8.02.073     Defenses

(a)     It is an affirmative defense to prosecution under section 8.02.072 that the minor was:

(1)     Accompanied by the minor's parent or guardian;

(2)     In a motor vehicle involved in interstate travel;

(3)     Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(4)     Involved in an emergency;

(5)     On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(6)     Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;

(7)     Married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code.

(b)     It is a defense to prosecution under section 8.02.072(c) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(Ordinance 905, sec. III, adopted 3/24/95)

   Sec. 8.02.074     Enforcement

Before taking any enforcement action under this division, a peace officer shall ask the apparent offender's age and reason for being in the public place or on the premises of the establishment. The officer shall not issue a citation or make an arrest under this division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 8.02.073 is present. (Ordinance 905, sec. IV, adopted 3/24/95)

   Sec. 8.02.075     Penalty

(a)     A person who violates a provision of this division is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).

(b)     When required by section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 8.02.072(a) of this division and shall refer the minor to juvenile court.

(Ordinance 905, sec. V, adopted 3/24/95)

   ARTICLE 8.03 NOISE*

   Sec. 8.03.001     Generally

The creation of any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereby prohibited. Any noise of such character, intensity and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is also declared to be a nuisance and is hereby prohibited. (1964 Code, sec. 16-1)

   Sec. 8.03.002     Radios, phonographs and similar devices

The playing of any radio, phonograph, television set or other musical instrument or device in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence is hereby prohibited. (1964 Code, sec. 16-2)

   Sec. 8.03.003     Bands, loudspeakers, etc., in places of amusement or entertainment

(a)     Permit required. It shall be unlawful for any person having under his control or management any skating rink, bowling alley, or any other place open to the public for the purpose of entertainment or amusement to permit or allow the playing of any band, musical instrument, phonograph, music machine or other mechanical music or noise making device, or the speaking or singing of any person through loud-speaking equipment or amplifiers, without first obtaining a permit so to do from the city secretary.

(b)     Application for permit; term; fee.

(1)     Any person desiring a permit required by this section shall apply to the city secretary for such a permit. The secretary shall grant such permit for the place designated in the application filed, which permit shall be good until midnight of the thirty-first day of December of the year during which it was issued. For each permit granted, the applicant shall pay the sum of twelve dollars ($12.00) per annum, the permit being good for the length of time above stated. The year shall be divided into quarters, the months of January, February and March being one quarter, April, May and June another quarter, July, August and September another quarter, and October, November and December another quarter. If an application for a permit is made after the expiration of any one or more quarters, then the fee herein provided for shall be lessened by the period of time which has expired, except that, if an application is made during any one quarter, no deduction shall be allowed for the portion of the quarter which has expired.

(2)     No permit shall be issued for a period of time less than provided for in this subsection, it being the intention to require a permit even though the installation of the equipment or the playing of the band or orchestra is of a temporary nature.

(c)     Revocation of permit. If the holder of any permit issued under this section shall be guilty of violating any of the provisions of this article, or shall be convicted in a court of competent jurisdiction for violating any of the provisions of this article, the city secretary shall give such holder notice that ten (10) days after the date of the notice the permit will be revoked, unless, on or prior to the expiration of such ten-day period, the holder shows to the secretary good cause as to why the permit should not be revoked. If any such permit is revoked in the manner herein provided, then the secretary shall not issue another permit to the same person until the expiration of one (1) year from the date of revocation. It shall be unlawful for any person whose permit has been revoked to allow or permit any of the activities covered thereby on the premises until such permit is renewed.

(d)     Compliance with article. The issuance of a permit required by this section shall not give the holder thereof the right to violate any of the provisions of this article.

(e)     Activities to be conducted inside building. Each device or activity for which a permit is required by this section shall be played or conducted only inside of a building.

(1964 Code, secs. 16-3–16-7)

   Sec. 8.03.004     Noisy animals and birds

It shall be unlawful for any person to keep any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. (1964 Code, sec. 16-8)

   Sec. 8.03.005     Noise near school, court, hospital or rest home

The creation of any excessive, unreasonable or unnecessary noise on any street adjacent to any school, institution of learning or court while the same is in session, or adjacent to any hospital or convalescent, old-age or rest home, which unreasonably interferes with the workings of such institution or may interfere with the comfort of patients within such institution, is hereby prohibited, if conspicuous signs or other evidence indicating the presence of such school, court, hospital or convalescent, old age or rest home are displayed, giving the public adequate notice of the presence of such institution. (1964 Code, sec. 16-9)

   Sec. 8.03.006     Shouting of peddlers, hawkers and vendors

The raucous shouting and crying of peddlers, hawkers and vendors, which disturbs the peace and quiet of the neighborhood, is hereby prohibited. (1964 Code, sec. 16-10)

   Sec. 8.03.007     Loud speaking, preaching, etc., on streets and sidewalks

Loud speaking, preaching, orating or exhorting by any person upon any public street or sidewalk within the city is hereby prohibited. (1964 Code, sec. 16-11)

   Sec. 8.03.008     Use of noise to attract attention to show or sale

The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention, by the creation of noises, such as speaking, music or hallooing, to any performance, show, theater, moving picture house, sale of merchandise, or display, which causes crowds of people to block or congregate upon the sidewalks or streets near or adjacent thereto is hereby prohibited. (1964 Code, sec. 16-12)

   Sec. 8.03.009     Stationary loudspeakers and amplifiers

The use of any stationary loudspeaker or amplifier or other musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7:00 a.m., as to annoy and disturb persons of ordinary sensibilities in the immediate vicinity thereof is prohibited. The operation of such loudspeaker or amplifier or other musical instrument or device at any time on Sunday so as to disturb church services and congregations therein is likewise prohibited. Upon application by the user of such devices, the city council may, by resolution, make special exemption or exception to this section, for such time or times as the council feels will serve the public welfare. (1964 Code, sec. 16-13)

   Sec. 8.03.010     Noisy vehicles generally

(a)     The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise is hereby prohibited.

(b)     It shall be unlawful for any person to drive a vehicle along or upon any public street or alley in the city which vehicle is loaded with iron or other material likely to produce a great or annoying sound, without using proper deadening substances to prevent annoying noises.

(1964 Code, sec. 16-14)

   Sec. 8.03.011     Mufflers required on vehicles

It shall be unlawful for any person to operate any motor vehicle, motorcycle, motor scooter or other conveyance operated by a gasoline or diesel engine without a suitable muffler thereon in operation at all times, such muffler designed to prevent excessive or unusual noises. A “muffler,” within the meaning of this section, is defined to be a device through which the escaping gases of the motor of a motor vehicle, motor scooter, motorcycle or other conveyance operated by a gasoline or diesel engine pass, designed to muffle or minimize the noise to the greatest extent as produced by the operation of such motor. (1964 Code, sec. 16-15)

State law reference–Muffler required, V.T.C.A., Transportation Code, sec. 547.604.

   Sec. 8.03.012     Use of loudspeakers and amplifiers on vehicles prohibited

It shall be unlawful for any person to use any loudspeaker or amplifier on any vehicle within the city. (1964 Code, sec. 16-16)

   Sec. 8.03.013     Unnecessary sounding of vehicle horn or signaling device

The sounding of any horn or signal device on any automobile, motorcycle, railway engine or equipment or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, and the creation, by means of any such signal device, of any unreasonably loud or harsh sound, and the sounding of such device for any unnecessary and unreasonable period of time, are hereby declared to be loud, disturbing and unnecessary noises and the same are prohibited. (1964 Code, sec. 16-19)

   Sec. 8.03.014     Sounding of vehicle horn or signaling device in quiet zone

Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency. The streets adjacent to and within three hundred (300) feet of any hospital building are hereby authorized as zones of quiet. (1964 Code, sec. 16-20)

   Sec. 8.03.015     Sounding of bells or gongs

The sounding of any bell or gong attached to any building or premises which is reasonably calculated to disturb a person of ordinary disposition in the vicinity thereof is hereby prohibited. (1964 Code, sec. 16-21)

   ARTICLE 8.04 GRAFFITI*

   Sec. 8.04.001     Purpose; findings

(a)     The city council enacts this article to help prevent the spread of graffiti vandalism and to facilitate removal of graffiti from public and private property.

(b)     The council finds that graffiti is a public nuisance and destructive of the rights and values of property owners and the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti and entire neighborhoods are infected and become less desirable places in which to live and support families. Graffiti erodes property values, which reduces the critical tax base. Graffiti intimidates citizens and promotes a lawbreaking environment.

(c)     The council finds that existing law is inadequate to combat graffiti in the city. This article is intended to provide additional enforcement tools to protect public and private property from graffiti, and shall not be construed to conflict with existing state laws.

(Ordinance 911, sec. 2, adopted 12/11/95)

   Sec. 8.04.002     Definitions

Unless a provision explicitly states otherwise, the following terms and phrases shall have the meanings designated:

Aerosol paint container. Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

(Ordinance 911, sec. 3, adopted 12/11/95)

Graffiti. Any marking, including an inscription, slogan, drawing, or painting, on tangible property that is visible from a public property or right-of-way or another person's property and made without the owner's consent. The unauthorized marking must be made with aerosol paint, an indelible marker, or an etching or engraving device. Graffiti does not include any inscription, slogan, drawing or painting on tangible property authorized by law. (Ordinance adopting Code)

   Sec. 8.04.003     Offense

A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:

(1)     Paint;

(2)     An indelible marker; or

(3)     An etching or engraving device.

(Ordinance adopting Code)

   Sec. 8.04.004     Annual evaluation of effectiveness of regulations

Annual evaluation of the effectiveness of this article, and recommendation to the council on the possible need to adopt additional measures [is required]. (Ordinance 911, sec. 3, adopted 12/11/95)

   Sec. 8.04.005     Penalty

An offense under this article shall be punished by a fine of not less than $200.00 nor more than $500.00. A second conviction of violation of this article and any subsequent violations thereof shall be punished by a fine of $500.00. (Ordinance 911, sec. 4, adopted 12/11/95)

   Sec. 8.04.006     Parental responsibility for commission of offense by minor child

(a)     Offenses.

(1)     A parent commits an offense when, acting with the intent to promote or assist the commission of an offense under this code, such parent solicits, encourages, directs, aids, or attempts to aid his minor child to commit an offense.

(2)     A parent commits an offense if, acting recklessly or with criminal negligence, he fails to perform a parental duty to prevent his minor child from engaging in delinquent conduct or conduct indicating a need for supervision.

(b)     Definitions. As used in this section, the following terms have the following meanings:

Conduct indicating a need for supervision. That conduct defined in Texas Family Code section 51.03(b).

Criminally negligent mental state. That mental state described in Texas Penal Code section 6.03(d).

Delinquent conduct. That conduct defined in Texas Family Code section 51.03(a).

Minor. An individual under the age of eighteen (18).

Parent. A natural or adoptive parent, stepparent, person in loco parentis, or legal guardian of the person of the child.

Reckless mental state. That mental state described in Texas Penal Code section 6.03(c).

(c)     Administration and application. Prosecutors and judges are directed that the primary goal of this article is to bring about positive change in parental behavior. Circumstances of the individual defendant should be considered. Where appropriate, nonpunitive alternatives, such as deferred adjudication conditioned upon counseling or parenting courses, are preferred.

(Ordinance 911, sec. 5, adopted 12/11/95; Ordinance adopting Code)

   ARTICLE 8.05 JUNKED VEHICLES*

   Sec. 8.05.001     Authority

This article is adopted pursuant to the authority provided by the Texas Transportation Code, chapter 683, subchapter E, and any successor statutes, to establish procedures for the abatement and removal from private or public property or public right-of-way of any junked vehicle or part of a junked vehicle which is a public nuisance. (Ordinance 986, sec. 1, adopted 7/14/03)

   Sec. 8.05.002     Definitions

Antique vehicle. A passenger car or truck that is at least 35 years old.

Junked vehicle. A vehicle that is self-propelled and:

(1)     Does not have lawfully attached to it:

(A)     An unexpired license plate; or

(B)     A valid motor vehicle inspection certificate; and

(2)     Is:

(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.

Motor vehicle. Any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.

Motor vehicle collector. 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.

Motor vehicle demolisher. Any person in the business of converting motor vehicles into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles.

Special interest vehicle. 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. A garage, parking lot or any type facility or establishment for the servicing, repairing, storing or parking of motor vehicles.

(Ordinance 986, sec. 2, adopted 7/14/03)

   Sec. 8.05.003     Declaration of nuisance

A junked vehicle which is located in any place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism and creates a fire hazard. These vehicles are detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city, and such vehicles are therefore declared to be a public nuisance. (Ordinance 986, sec. 3, adopted 7/14/03)

   Sec. 8.05.004     Offenses; penalty

(a)     Every owner, lessee, and other person in charge of land (whether or not improved) within the city is obligated, jointly and severally, and that/those person(s) commits an offense, if the person(s) maintains a public nuisance described by section 8.05.003 of this article.

(b)     An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00).

(c)     The city municipal court shall have the authority to order abatement and removal of the nuisance.

(Ordinance 986, sec. 4, adopted 6/14/03)

   Sec. 8.05.005     Exceptions

The following vehicles or parts thereof are excepted from the provisions of this article:

(1)     A vehicle or vehicle part which is completely enclosed within a building in a lawful manner where it is not visible from the street, other public right-of-way or other public or private property.

(2)     A vehicle or vehicle part which is stored or parked in a lawful and orderly manner on private property in connection with the business of a licensed vehicle dealer or junkyard.

(3)     An unlicensed, operable or inoperable antique or special interest vehicle or part thereof stored by a motor vehicle collector on the collector's property, provided that the vehicle or part and the outdoor storage area, if any, are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, shrubbery or other appropriate means.

(Ordinance 986, sec. 5, adopted 7/14/03)

   Sec. 8.05.006     Abatement procedure

The procedure for the abatement and removal of a junked vehicle or part thereof, as a public nuisance, from private property, public property or public right-of-way shall be as follows:

(1)     On public rights-of-way, any duly certified peace officer may tag any junked vehicle giving notice the vehicle owner has seventy-two (72) hours to remove the vehicle.

(A)     If the vehicle is not removed within the seventy-two-hour period, the police department shall summon the wrecker on call and have the vehicle impounded in accordance with current police department procedures and Texas Transportation Code, chapter 683, subchapters A and B.

(B)     Removal of the police department notice by any person, so as to un-tag the vehicle, shall be a misdemeanor with a fine not to exceed two hundred dollars ($200.00).

(2)     If the vehicle is on private property, there shall be a notice issued to the property owner stating the nature of the public nuisance on the private property and that the nuisance must be abated within thirty (30) days after the date posted on the notice. This notice can be sent by regular or certified mail.

(3)     If the junked vehicle is not removed within the thirty-day period, the police department or a code enforcement official may appear before the city municipal court judge and request a resolution or order to remove a public nuisance from private property, public property or a city right-of-way. If the information is available at the location of the nuisance, the resolution or order must include the vehicle's:

(A)     Description;

(B)     Vehicle identification number; and

(C)     License plate number.

(4)     Before the municipal court's resolution or order is served, a second notice shall be sent by certified mail with a five-day return request to:

(A)     The last known registered owner of the nuisance;

(B)     Each lienholder of record of the nuisance; and

(C)     The owner of the property on which the nuisance is located.

(5)     This second notice shall include the following:

(A)     The nuisance must be abated and removed not later than the 10th day after the date on which the second notice was mailed; and

(B)     Any request for a hearing must be made before that 10-day period expires.

(6)     If the second notice is returned undelivered by the United States post office, official action to abate said nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of such return.

(7)     The relocation of a junked vehicle that is a public nuisance to another location within the city, after a proceeding for the abatement and removal of such junked vehicle has commenced, has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.

(8)     Notice must be given to the state department of transportation on TxDOT Form VTR-71-5 not later than the fifth (5th) day after the date of removal identifying the vehicle or part thereof. The department will cancel the certificate of title issued for the vehicle.

(9)     A citation may be issued and a complaint may be filed in the city municipal court for the violation of maintaining a public nuisance, if the nuisance is not removed and abated and a hearing is not requested within the ten-day period as defined in this statute.

(Ordinance 986, sec. 6, adopted 7/14/03)

   Sec. 8.05.007     Hearings

(a)     There shall be a public hearing prior to the removal of the junked vehicle or part thereof as a public nuisance if such hearing is requested by the last known registered owner of the motor vehicle, or by any lienholder of record, or by the owner or occupant of the public or private premises, or by the police department or code enforcement official.

(b)     The hearing shall be held before the city municipal court judge not earlier than the eleventh (11th) day after the date of the service of notice to abate the nuisance, nor later than the twenty (20th) day after the date of the service of notice to abate the nuisance.

(c)     At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

(Ordinance 986, sec. 7, adopted 7/14/03)

   Sec. 8.05.008     Disposal to demolisher

(a)     A junked vehicle or part thereof may be disposed of by removal to a scrap yard, a motor vehicle demolisher or any suitable site operated by or contracted to the city, for processing as scrap or salvage pursuant to authority provided in the Texas Transportation Code, section 683.078, or any successor statute for junked vehicle disposal.

(b)     After the vehicle is removed, it shall not be reconstructed or made operable.

(Ordinance 986, sec. 8, adopted 7/14/03)

   Sec. 8.05.009     Right of entry

Any peace officer or code enforcement official is authorized to enforce this article, [and] may enter the public areas of any building or premises, not a private residence or dwelling, structure or completely enclosed structure on private property, at all reasonable times whenever necessary in the performance of their duties to inspect and investigate for violations of any law, or to enforce the law. The authority to inspect shall include but not be limited to the authority to examine vehicles or parts thereof, obtain information so as to identify such vehicles and remove or cause the removal of a vehicle or part thereof declared to be a nuisance. If such building or premises are occupied, the official shall present proper credentials and demand entry, unless otherwise permitted by law. If such entry is refused, or if no owner or other person having charge and control of the building or premises can be located, the peace officer or code enforcement official shall have recourse to every remedy provided by law to secure entry. (Ordinance 986, sec. 9, adopted 7/14/03)