Ordinance 1971-07
ORDINANCE NO. 71- L-.
AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDI-
NANCE NUMBER 68-4; DECLARING THE KEEPING OF JUNKED MOTOR VE-
HICLES ON PROPERTY TO BE A NUISANCE, AND PROVIDING EXCEPTIONS;
CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR THE REMOVAL OF
SAID JUNKED MOTOR VEHICLES, AND AUTHORIZING THE SALE OF JUNKED
MOTOR VEHICLES; PROVIDING FOR TRIAL IN THE MUNICIPAL COURT;
PROVIDING FOR A FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOL-
LARS ($200.00) FOR EACH OFFENSE; AND PROVIDING A SEVERABILITY
CLA USE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1. Ordinance Number 68-4 and all Ordinances
in conflict herewith of the City of Wylie, Texas, are hereby re-
pea led.
SECTION 2. JUNKED MOTOR VEHICLES DECLARED A PUBLIC
NUISANCE.
The presence of any junked motor vehicle on any pri-
vate lot, tract or parcel of land, or a portion thereof, occupied
or unoccupied, improved or unimproved, within the City limits of
the City of Wylie, shall be deemed a public nuisance; and it
shall be unlawful for any person to cause or maintain such
public nuisance by wrecking, dismantling, partially dismantling,
rendering inoperable, abandoning or discarding any motor vehicle
on the real property of another or to suffer, permit or allow
any junked motor vehicle to be parked, left or maintained on
his own real property; provided that this section shall not
apply to the following, to-wit:
(a) Any junked motor vehicle in an enclosed building;
(b) Any junked motor vehicle on the premises of a
business enterprise operated in a lawful manner
when necessary to the operation of such business
enterprise;
(c) Any junked motor vehicle in an appropriate storage
place or depository maintained in a location of-
ficially deSignated and in a manner approved by
the City of Wylie;
(d) Any motor vehicle in operable condition
specifically constructed for racing or
operation on privately owned drag strips
or race strips;
(e) Any motor vehicle retained by the owner
for antique collection purposes rather than
for transportation;
(f) Any motor vehicle stored as the property of
a member of the Armed Forces of the United
States while such member is on active duty
assignment.
SECTION 3. DEFINITIONS.
"Junked motor vehicles"-Any motor vehicle which does
not have lawfully affixed thereto both an unexpired license
plate or plates, a valid motor vehicle inspection sticker, and
the condition of which is one or more of the following:
(a) Wrecked.
(b) Dismantled.
(c) Partially dismantled.
(d) Inoperative.
(e) Abandoned.
(f) Discarded.
SECTION 4. NOTICE TO OWNER OR OCCUPANT TO ABATE
NUISANCE ON OCCUPIED PREMISES.
Whenever any such public nuisance on occupied premises
within the City Limits of the City of Wylie in violation of this
Ordinance is observed, the Chief of Police or his duly authorized
agent shall order the owner of the premises, if in possession
thereof, or the occupant of the premises wherein such public
nuisance exists to abate or remove the same. Such order shall:
(a) Be in writing.
(b) Specify the public nuisance and its location.
(c) Specify the corrective measures required.
(d) Provide for compliance within ten (lO) days
from service thereof.
Such order shall be served upon the owner of the pre-
mises, or the occupant of the premises, be serving him personally
or by sending such order by certified United States mail, return
(2)
receipt requested, to the address of the premises. If the owner
or the occupant of the premises fails or refuses to comply with
the notice stating the order of the Chief of Police or his duly
authorized agent within ten (lO) days after service thereof, as
provided herein, the Chief of Police or his duly authorized agent
shall take possession of said junked motor vehicle and remove it
from the premises.
The Chief of Police, or his duly authorized agent,
shall thereafter dispose of said junked motor vehicle in such
manner as the City Council may provide. However, if the owner
or occupant of said premises so desires, he may within said
ten days period after service of notice to abate the nuisance,
make a request either in person or in writing of the Clerk of
the Municipal Court of the City of Wylie, and without the re-
quirements of a bond, that a date and time be set when he may
appear before the Judge of the Municipal Court for a trial to
determine whether or not he is in violation of this Ordinance.
SECTION 5. NOTICE TO THE OWNER TO ABATE PUBLIC
NUISANCE ON UNOCCUPIED PREMISES
Whenever any such public nuisance exists on unoccu-
pied premises within the City limits of the City of Wylie in
violation of this Ordinance and the owner thereof cannot be
found, the Chief of Police or his duly authorized agent shall
order the owner of the premises whereon such public nuisance
exists to abate or remove the same. Such order shall:
(a) Be in writing.
(b) Specify the public nuisance and its location.
(c) Specify the corrective measures required.
(d) Provide for compliance within ten (10) days
from service thereof.
The order shall be served upon the owner of the pre-
mises thereof by serving him personally or by sending said or-
der by certified United States mail, return receipt requested,
to his address as shown on the current tax roll of the City of
(3)
Wylie. If the owner of the premises fails or refuses to comply
with the order of the Chief of Police, or of his duly authorized
agent, within the ten-day period after service hereof, as pro-
vided herein, the Chief of Police or his duly authorized agent
shall take possession of said junked motor vehicle and remove
it from the premises. The Chief of Police or his duly autho-
rized agent shall thereafter dispose of said junked motor VE-
hicle in such manner as the City Council may provide; however,
if the owner of said premises so desires, he may within the ten-
day period after the service of notice to abate the nuisance
request either in person or in writing of the Clerk of the
Municipal Court of the City of Wylie, and without the require-
ment of a bond, that a date and time be set when he may appear
before the Judge of the Municipal Court for a trial to deter-
mine whether or not he is in violation of this Ordinance.
SECTION 6. PRELIMINARY TO TRIAL IN MUNICIPAL COURT.
Upon receiving a request for trial made pursuant to
this Ordinance, the Clerk of the Municipal Court shall set a
date and a time for such trial on the Court docket. The Clerk
of the Municipal Court shall notify the City Attorney of the
date and time of such hearing. The City Attorney shall cause
to be prepared, filed and served on the Defendant, a written
complaint, charging that the owner or the occupant of the pre-
mises, as the case may be, has violated this Ordinance. After
service of such complaint, said complaint shall be on file with
the Clerk of the Municipal Court not less than ten (lO) days
prior to the date of the trial.
SECTION 7. TRIAL IN THE MUNICIPAL COURT.
The Judge of the Municipal Court shall hear any case
brought before said Court and as set out herein shall determine
whether or not the Defendant is in fact in violation of this
Ordinance. Upon finding that the said Defendant is in viola-
tion of this Ordinance, said Defendant shall be found guilty
(4)
of a misdemeanor and subject to the fine as provided for herein.
The Judge of said Court shall further order such nuisance to be
abated within ten (lO) days, and if the Defendant shall fail or
refuse within said ten days to abate and remove said nuisance,
the Judge of the Municipal Court may issue an order directing
the Chief of police, or his duly authorized agent, to have the
same removed and the Chief of Police or his duly authorized
agent, shall take possession of said junked motor vehicle and
remove it from the premises. The Chief of Police or his duly
authorized agent shall thereafter dispose of said junked motor
vehicle in such manner as the City may provide.
SECTION 8. REMOVAL OF MOTOR VEHICLES
If within ten (lO) days after receipt of notice from
the Chief of Police or his duly authorized agent to abate the
nuisance as provided for herein, the owner or occupant of the
premises shall give his written permission to the Chief of
Police or his duly authorized agent for the removal of said
junked motor vehicle from the premises, the giving of said
permission shall be considered compliance with the provisions
of this Ordinance.
SECTION 9. REMOVAL FROM UNOCCUPIED PREMISES BY
ORDER OF MUNICIPAL COURT.
If there is a junked motor vehicle, as herein de-
fined, on premises that are unoccupied and the owner of the
premises is notified to remove same then upon a showing of
such facts to the Judge of the Municipal Court, such Judge
may issue an order directing the Chief of Police or his duly
authorized agent to have the same removed, and the Chief of
Police or his duly authorized agent shall take possession of
said junked motor vehicle and remove it from the premises.
The Chief of police or his duly authorized agent shall there-
after dispose of said junked motor vehicle in such manner as
he City Council may provide.
(5)
SECTION lO. EVIDENCE OF ABANDONMENT
If a junked motor vehicle as defined in this Ordi-
nance has been situated on the private property of another with-
out such person's permission for a period of sixty (60) days,
or longer, this fact shall be prima facie evidence that the
owner of said vehicle has abandoned same.
SECTION ll. That any person, firm or corporation
violating any of the provisions of this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction shall
be subject to a fine not to exceed the sum of Two Hundred
Dollars ($200.00) for each offense, and each and every day
said nuisance is permitted to exist shall constitute a sepa-
rate offense.
SECTION 12. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this Ordinance are sever-
able, and if any phrase, clause, sentence, paragraph or sec-
tion of this Ordinance shall be declared unconstitutional or
invalid by any Court of competent jurisdiction, such uncon-
stitutionality or invalidity shall not affect any of the re-
maining clauses, phrases, sentences, paragraphs and sections
of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance
of any unconstitutional or invalid phrase, clause, sentence,
paragraph or section.
SECTION l3. EXCEPTIONS AND EXEMPTIONS NOT REQUIRED
TO BE NEGATIVED
In any complaint and in any action or proceedings
brought for the enforcement of any provision of this Ordinance,
it shall not be necessary to negative any exception, excuse,
proviso or exemption contained in this Ordinance, and the bur-
den of proof of any such exception, excuse, proviso or exemp-
tion shall be upon the Defendant.
(6)
DULY PASSED by the City Council of the City of Wylie,
Texas, on the i't-{ da y of
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, 1971.
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DULY RECORDED:
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(J./)t\. 2A.-lli.. .>d" ~i L:<rd 'i.11/ .
CITY S RE RY
AP.P.R..(t.',/' D AS TO. FORM:
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(7)
!. {:jry Ordinanc:e
ORDINANCE NO. 71-8
AN ORDINANCE OF THE
CITY OF WYLIE MAKING
IT UNLAWFUL FOR ANY
PE RSON TO CONSUME
ANY ALCOHOLIC BEV-
ERAGE IN ANY PUBLIC
PLACE WITHIN THE
CORPORATE LIMITS OF
THE CITY OF WYLIE;
PROVIDING EXCEp..
TIONS;PROVIDING FOR
A PENALTY OF FINE
NOT TO EXCEED THE
SUMOR TWO HUNDRED
($200.00) DOLLARS FOR
EACH OFFENSE.
DULY PASSED BY THE
CITY COUNCLL OF THE
CITY OF WYLIE, TEXAS
ON THE 8th DAY OF
JUNE, 1971.
R.C. DODD,
MAYOR PROTEM
DULY RECORDED:
ONEIDA GALLAGHER
CITY SECRETARY ,
. . .
AN ORDINANCE OF THE
CITY OF WYLIE,TEXAS
ORDINANCE NO.71-7.
4N ORDINANCE OF THE
CITY OF WY LIE 'RE-
PE.A-LlNG ORDINANCE,
NUMBER 68-4; DECLAR-
ING THE KEEPING OF
JUNKED, MOTOR VEHI.,..
CLES ON PROPERTY TO
BE A NUISANCE, AND
PROVIDING EX C E P-
TIONS;'CONTAING CER-
;r AINING DEFINITIONS;
PROVIDING FOR THE
REMOV ALPOR " SAl@
JUNKED MOTOR' VE-
HICLES, AND AUTHOR-
IZING THE SALE OF
JUNKED MOTOR VE-
HICLES; PROVIDING
FOR TRIAL IN THE MU-
NICIPALC'OURT; PRO-
VIDING FOR A FINE
NOT TO EXCEED .THE
SUM OF JWO HUNDRED
DOLLARS ($200.00) FOR
EACH OFFENSE; AND
PROVIDING A SE VE R~-
BJLITY CLAUSE.
DUL Y PASSED BY THE
CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS
ON THE 8th DAY OF
JUNE, 1971.
R.C. DODD,
MA YOR PROTEM
DULY RECORDED; 1
ONEIDA GALLAGHER
CITY SECRETARY
,
l~GAl:
NOTICE
.
CITY TAX EQUALIZA-
TION BOARD MEET
You are hereby notified
that the Board of Equali-
zation will convene Satur-
day, June' 26, 1971
at 9;00 A. M. until
3; 00 / P. M. and Satur-
day, July la, 1971 from
9;00 A.M. until 12;00
noon at the City Hallin
the City of Wylie for. the
purpose of hearing all
protests anddetermining
the values of all proper-
ties subject to taxation
by the Gi ty of Wylie,
Texas.
Oneida Gall<lgher
City Secretary
Exofficio Secretary of
The Board of Equalization
of the City of Wylie, Texas
CITY SECRETARY
MRS, ONEIDA GALLAGHER
CITY ATTORNEY
B. ROBERT BAKER
WATER SUPERINTENDENT
W. A, ALLEN
FI RE MARSHALL
GLENN DAN I EL