City Ordinances

Question 1

Animal

Answer 1

means any living creature, including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowls and livestock, but specifically excluding human beings.

Question 2

Dangerous animal

Answer 2

Commits unprovoked acts toward a person or domestic animal that causes bodily injury; or (2) Commits unprovoked acts which cause a person to reasonably believe that the animal will cause bodily injury to that person and such acts occur in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own. (3) Is defined as a “dangerous wild animal” by Section 822.101 of the Texas Health and Safety Code as amended. (4) Is a wild or feral mammal or reptile that is by its nature capable of inflicting serious bodily injury to a human. (5) Is a dangerous dog as hereinafter defined. (6) Local animal control authority has reason to believe has a dangerous disposition likely to be harmful to humans or other domestic animals. (7) Is trained or bred specifically for the purpose of fighting and capable of causing severe bodily injury to any person. (8) Has a history of attacking or injuring any person or other animal.

Question 3

Public nuisance

Answer 3

(1) Molests passersby or passing vehicles; (2) Attacks other animals; (3) Trespasses on school grounds; (4) Is repeatedly at large; (5) Damages private or public property; or (6) Barks, whines or howls in an excessive, continuous or untimely fashion.

Question 4

Quarantine

Answer 4

means to detain or isolate an animal on account of a suspected contagion.

Question 5

Vicious animal

Answer 5

means any individual animal of any species which has caused severe bodily injury to a person, which in the opinion of the animal control supervisor poses a continued threat to public safety

Question 6

Wild animal

Answer 6

means any poisonous or dangerous reptile, or any other animal which can normally be found in the wild state and which animal is not normally capable of being domesticated, including, but not limited to, skunks, foxes, leopards, panthers, tigers, lions and lynx, unless certified for medical, biological, herpetological or other scientific research study.

Question 7

Compliance with animal laws required.

Answer 7

It shall be unlawful for any person to keep, own, maintain, use or have in his possession or on premises under his control within the city any livestock, fowl or pets, except in compliance with the provisions of this chapter.

Question 8

Adoption of animal

Answer 8

(a) A person who desires to adopt a dog or cat from the city animal shelter shall pay to the city an adoption fee of $25.00 for each dog or cat adopted. (b) Adoption fees include one-year registration of such adopted animal.

Question 9

Cats.

Answer 9

It shall be unlawful to own, harbor, keep, or maintain a cat over the age of three months in the city unless such cat is licensed and vaccinated for rabies. Cats must be vaccinated at or before the age of three months, revaccinated at twelve months, and each twelve months thereafter. Cat licenses shall be issued by the city upon payment of current license/registration fee of each cat. Before such license will be issued, the owner of the animal must present a certificate from a duly licensed veterinarian showing the name and address of the owner, description of the cat, the date of vaccination, the number of the rabies vaccination tag, and a metal tag which the veterinarian shall have furnished to the owner of such animal, on one side of which are stamped the words “Rabies Vaccine Administered,” or similar language, and the date of the vaccination

Question 10

Dogs

Answer 10

It shall be unlawful to own, harbor, keep or maintain a dog over the age of three months in the city, unless such dog in licensed and vaccinated for rabies. Dogs must be vaccinated at the age of three months, revaccinated at twelve months, and annually thereafter. Dog licenses shall be issued by the city upon payment of the current license/registration fee per dog. Before a dog license will be issued, the owner of the dog must present a certificate for a legally licensed veterinarian showing the name and address of the owner, description of the dog, date of vaccination, the number of the rabies vaccination tag, and the veterinarian shall have furnished the owner of such animal a metal tag, on one side of which are to be stamped the words “Rabies Vaccine Administered,” or similar phrase, and the date of the vaccination. Such tag, at all times, shall be securely attached to a collar around the neck of the vaccinated animal.

Question 11

Willfully taking dog collar or tag

Answer 11

Any person who willfully takes a collar or tag from any dog within the city shall be deemed guilty of a misdemeanor.

Question 12

Trapping or poisoning permit

Answer 12

Any form of animal trapping or poisoning without a permit from the director of animal control shall be prohibited within the city

Question 13

Commercial business permit

Answer 13

No person shall conduct the commercial business of selling, grooming, breeding, showing, exhibiting or boarding of animals within the city without a valid permit from animal control.

Question 14

Responsibility - AC

Answer 14

Enforcement of this chapter shall be the responsibility of the director of animal control or any animal control officer. (b) Any animal control officer shall have the authority to issue citations for any violation of this chapter. (c) If the person being cited for a violation of this chapter is not present, the animal control officer may send the citation to the alleged offender by registered or certified mail. (d) It shall be unlawful for any person to interfere with an animal control officer in the performance of his duties.

Question 15

Authority to kill, impound or destroy animals.

Answer 15

Use such force as is reasonably necessary to protect members of the public from any dangerous animal where the actions of such animal reasonably appear to constitute an imminent threat of injury to any human being or domestic animal, including, when necessary, taking such animal’s life. This provision shall include, but not be limited to, a peace officer in the performance of his duty. (2) Impound an animal which is diseased and endangers the health of a person or another animal. (3) Destroy an impounded animal at the city animal shelter if the director of animal control determines that recovery of the animal from injury, disease or sickness is in serious doubt.

Question 16

Impoundment; disposition

Answer 16

The following animals may be impounded within the city: (1) Cats and dogs not exhibiting evidence of being vaccinated or registered as described in division 2 of this article; (2) Any animal infected or kept under conditions which may endanger the public or animal health; (3) Any animal that creates a nuisance, as defined in section 10-171; (4) Any animal running at large as set forth in section 10-143; (5) Any animal treated in a manner determined by the director of animal control to be cruel or inhumane; (6) Any animal that has bitten a human being or needs to be placed under observation for rabies determination as determined by an animal control officer (see section 10-87 for exceptions);

Question 17

Care of animals

Answer 17

No owner of an animal shall fail to provide his animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and proper care and good treatment. (b) No person shall beat, cruelly treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans. (c) No owner of an animal shall abandon such animal.

Question 18

Operators of motor vehicles striking or killing an animal.

Answer 18

Any person operating a motor vehicle upon the streets of the city who injures or kills a dog, cat or other pet shall notify the police department immediately after such occurrence, giving the time and place of such injury or death, a description of the animal and the name and address of the person making the report.

Question 19

Keeping of wild or vicious animals prohibited; exceptions

Answer 19

No person shall keep, or permit to be kept, on his premises within the city limits any wild or vicious animal for display or for exhibition purposes, whether gratuitously, for a fee or as a pet. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

Question 20

Confinement of fierce or vicious animals.

Answer 20

Animals of fierce or vicious propensities, whether licensed or not, shall not be allowed within the city. Any dogs used by law enforcement authorities or approved by the police department as watch dogs for business establishments shall be confined by the owner within a building or secure enclosure, and securely muzzled or caged whenever such dogs are off the premises of their owners.

Question 21

Dangerous animals

Answer 21

Once an animal has been determined to be a dangerous animal by the animal control supervisor or his agent, the owner of the animal shall be notified in writing of that designation. Within 30 days following notification, the owner of a dangerous animal will be required to comply with the following restrictions on that animal including current and revised state law, state regulated requirements and fees regarding dangerous animals (i.e., dangerous dogs):

Question 22

Care of livestock

Answer 22

No owner of any livestock shall fail to provide his livestock with sufficient good and wholesome food and water, proper shelter from the weather, veterinary care when needed to prevent suffering, and proper care and good treatment. (b) No person shall beat, cruelly treat, torment, overload, overwork or otherwise abuse any livestock, or cause, instigate or permit to fight, bull fight or any other combat between livestock or between livestock and humans. (c) No owner of any livestock shall abandon such livestock.

Question 23

Accumulated junk and other unsightly materials

Answer 23

The city restricts any accumulated junk, automobiles, or parts thereof, machinery, rubbish, especially that which results from dismantling or disassembling of automobiles, machinery, etc., whether placed or located as a wrecking yard or junkyard, personal use or otherwise, which creates an unsightly or depreciating appearance on any lot, tract or parcel of land within the city limits.

Question 24

Motor vehicle nuisance

Answer 24

A person commits an offense if, within the limits of the city, while operating a motor vehicle or as a passenger in any motor vehicle operated upon the public streets, or while in a motor vehicle in public place whether or not the vehicle is being operated, that person operates or plays a radio, CD player, tape playing device, or any other mechanical or electronic device in such a manner as to create sounds or vibrations from the production of such sounds that can be heard or felt by persons inside of another enclosed vehicle, residence, or business and the level or volume of such sounds or vibrations is unreasonable and offensive to persons of ordinary sensibilities.

Question 25

Unreasonable noise - vehicle

Answer 25

A person commits an offense if he intentionally or knowingly makes loud and unreasonable noise in a public place or so near a private residence or another person so as to harass, annoy or harm a person of ordinary sensibilities or so as to disturb the comfort and repose of persons of ordinary sensibilities

Question 26

The following shall be defenses to the offenses enumerated in the foregoing sections:

Answer 26

The noise was generated from a device approved and licensed for use on city streets such as ice cream vendor bells, chimes or music; (2) The noise was generated from a horn, bell, whistle or other approved traffic warning device; or (3) The person was operating an authorized emergency vehicle.

Question 27

Abandonment or storage of self-locking refrigerators and iceboxes

Answer 27

It shall be unlawful for any person to abandon or store within the city any refrigerator, icebox or other receptacle containing a self-locking device without first removing the hinges, locking device or door from such refrigerator, icebox or other receptacle when such refrigerator, icebox or other receptacle might be accessible to children.

Question 28

Glass containers or bottles.

Answer 28

While on the premises of any city park, it shall be unlawful for a member of the public to possess a glass container and/or glass bottle.

Question 29

Organized athletic events

Answer 29

Until the scheduled event is concluded; however, no organized athletic event may begin after 10:00 p.m. and all organized athletic events must be concluded by 11:00 p.m. No event may begin before 8:00 a.m.

all other uses
Sunrise to sunset

Question 30

Park activities

Answer 30

All unauthorized cooking devices are prohibited. Such as open flames with the exception of barbeque grills. (b) Littering is prohibited. It shall be unlawful for any person to throw or deposit trash, yard waste or solid waste of any kind or nature in any park within the city except in public receptacles and in such a manner that the trash, yard waste or solid waste will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or any public place. Where public receptacles are not provided, all such trash, yard waste or solid waste shall be carried away from the park by the person responsible for its presence and properly disposed of as same is provided for herein. (c) All skateboard activity is prohibited unless in designated areas or designated parks marked for skateboard activity. (d) All city parks shall be closed or have designated days closed for maintenance and remodeling for the period of December 1st thru January 31st. (e) All livestock shall be prohibited in all city parks. (f) Any person who violates the parks hours of operation shall be issued a warning for the first offense and a citation for the second offense thereafter not to exceed $75.00.

Question 31

Vehicles.

Answer 31

It shall be unlawful for any person to operate or cause to be operated any commercial motor vehicle upon any public park and portion of any street within a public park in the city except to perform a service within the park or for the purpose of loading or unloading within the park. (b) For the purpose of this article, “motor vehicle” means, but is not limited to, automobiles, trucks, motorcycles, motor scooters, motorized bicycles, go-carts and all other vehicles powered and propelled by any type of self-contained motor or engine and designed to be ridden or driven by a person. City authorized vehicles shall be exempt. (c) The provisions of this article shall not apply to city owned maintenance vehicles or city’s contractors engaged in authorized construction, repair or maintenance work in any such above-named parks. (d) The city manager or his or her designee is hereby authorized to permit off-street parking at those park sites he may designate; provided, such off-street parking shall be allowed only for special events and shall be limited to a specified length of time. (e) All police or city authorized bicycle and golf carts shall be exempt.

Question 32

Unlawful discharge

Answer 32

t shall be unlawful for any person to discharge, or cause to be discharged, the following weapons within the city: (1) A firearm, rifle, shotgun, automatic rifle, revolver, pistol or any other weapon designed for the purpose of firing or discharging a shell or cartridge, whether such shell or cartridge is blank or live ammunition; or (2) A BB gun, pellet gun or air rifle. (b) This section shall not apply in the following situations: (1) Police officers while in the performance of their official duties; (2) When a special permit application describing in detail the request of the applicant has been filed with the city secretary, reviewed by the chief of police and approved by the city council.

Question 33

Carrying firearms prohibited

Answer 33

It shall be unlawful for a nonlicense holder to carry a firearm within the city in a: (1) Public park; (2) Political rally, parade or official political meeting; or (3) Nonfirearms-related school, college or professional athletic event. (b) No person, including a license holder, may carry a handgun on or about his person on the premises of: (1) The city; or (2) A private employer who has given notice in the manner required by law that it is unlawful to carry a handgun on the premises. (c) The regulations set forth in this section shall not apply: (1) If the firearm is in, or is carried to or from, an area designated for use in a lawful hunting, fishing or other sporting event, and the firearm is of the type commonly used in such activity. (2) To peace officers while in the performance of their official duties.

Question 34

Signs.

Answer 34

The city manager shall cause appropriate signs to be erected at the entrance to all city premises stating that it is unlawful to carry a handgun on such premises. Such signs shall be in contrasting colors with block letters at least one inch in height and shall be displayed in a conspicuous manner which is clearly visible to the public.

Question 35

Contributing to neglect or delinquency of minors.

Answer 35

Any parent of a minor within the city who shall, by any act or lack of supervision and control over such minor, encourage, contribute toward, cause or tend to cause such minor to become neglected or delinquent shall be guilty of a misdemeanor. Such violation shall be a class C misdemeanor and shall be punishable as provided in section 54-176.

Question 36

DISCHARGE AND POSSESSION OF FIREARMS BY MINORS

Answer 36

It is unlawful for a child to, intentionally, knowingly, recklessly or with criminal negligence, discharge or possess a firearm, weapon or prohibited weapon within the city. (b) It is unlawful for an adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the discharge of a firearm by a child by allowing the child to obtain unsupervised access to the firearm. (c) It is unlawful for an adult intentionally, knowingly, recklessly or with criminal negligence to facilitate, suffer or permit the physical possession of a firearm, weapon or prohibited weapon by a child by allowing the child to obtain unsupervised access to the firearm, weapon or prohibited weapon. (d) It is a defense to prosecution under subsection (a), (b) or (c) of this section that the: (1) Firearm was possessed or discharged upon a range and under the supervision of an adult; (2) Child’s access to the firearm, weapon or prohibited weapon was obtained as a result of an unlawful entry; or (3) Discharge or possession of the firearm, weapon or prohibited weapon was justified as provided in V.T.C.A., Penal Code ch. 9.

Question 37

SCHOOL ATTENDANCE

Answer 37

No minor, other than a minor that has been suspended or expelled from school, shall be at any place within the city, except in attendance at school, between the hours of 8:30 a.m. and 3:00 p.m. during any school day unless the minor has written proof from school authorities excusing such minor from attending school at that particular time, or unless the minor is accompanied by a parent. (b) Each parent of a minor shall have a duty to prohibit or prevent the minor from behaving contrary to subsection (a) of this section or from committing or engaging in a violation of subsection (a) of this section. No person shall fail to fulfill the duty imposed by this subsection.

Question 38

Curfew hours for minors.

Answer 38

Curfew hours means:

(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and (3) 9:00 a.m. until 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

Question 39

Curfew Offenses

Answer 39

A minor commits an offense if he remains, walks, runs, stands, drives or rides about in or upon 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 or she knowingly permits, or by insufficient control allows, the minor to remain, walk, stand, drive, or ride about in or upon 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 allows a minor to remain, walk, run, stand, drive or ride about in or upon the premises of the establishment during curfew hours.

Question 40

GRAFFITI

Answer 40

No person shall place, or cause to be placed, any graffiti on tangible property within the city without the consent of the owner of such property, which graffiti is or may be visible from a public place or private property.

Question 41

Removal of graffiti

Answer 41

An owner of tangible property within the city commits an offense if such owner fails to remove or causes, suffers, permits or allows another person to fail to remove graffiti from such property, which graffiti is visible from any public place or private property other than the property upon which the graffiti exists. (b) Prior to issuing a citation for a violation of subsection (a) of this section, the city manager or his designee shall provide the property owner with a notice of violation, personally delivered to the property owner, sent to the property owner at his last known address as appears on the city’s tax rolls or left at a conspicuous place on the property, which notice shall require that the property owner remove the graffiti within ten days following the delivery of the notice. The delivery of such notice shall be complete when such notice is deposited in the mail, upon personal delivery to the property owner or when left at a conspicuous place on the property.

Question 42

Responsibility of parent or guardian.

Answer 42

A parent or guardian of a minor commits an offense if such parent or guardian allows, or by insufficient control or supervision permits, the minor to place graffiti on tangible property within the city limits without the consent of the owner of such property, where such graffiti is or may be visible from any public place or private property.

Question 43

Indecent exposure.

Answer 43

A person commits an offense if he or she exposes his/her anus or any part of his/her genitals with intent to arouse or gratify the sexual desire of any person, and he/she is reckless about whether another is present who will be offended or alarmed by his/her act

Question 44

Disorderly conduct

Answer 44

A person commits an offense if he/she intentionally or knowingly: (1) Makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; or (2) Exposes his/her anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his/her act. (b) For purposes of this section an act is deemed to occur in a public place if it produces its offensive or proscribed consequences in the public place.

Question 45

stop, stopping or standing

Answer 45

any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

Question 46

Authority to install signs, signals and devices.

Answer 46

The city police department shall conduct, or cause to be conducted, studies and investigations of the public streets and highways within the city and shall determine where a particular danger or hazard exists to pedestrian and motor vehicle traffic and shall make recommendations to the city council for the placement of traffic control signs, signals and devices in accordance with such studies and determinations. Immediately upon adoption of an ordinance authorizing the location of traffic control devices by the city council, it shall be the responsibility of the director of public works to install and maintain such signs, signals or devices in accordance with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways.

Question 47

Operation of vehicles in parks and upon public property.

Answer 47

All persons operating vehicles in a city park or upon public property within the city shall confine the operation of such vehicles to designated roadways and parking areas. (b) A person commits an offense, without regard to his mental state, if such person was the operator of a vehicle and fails to confine the vehicle to a designated roadway or parking area while in a city park or upon public property. (c) It is a defense to prosecution under this section that: (1) The operator of the vehicle was a permittee; (2) The operation of the vehicle was necessary to avoid conflict with other traffic, or in compliance with the law or the direction of a police officer or official traffic control device; (3) A permit was issued by the city manager, chief of police or director for not more than one vehicle at a time to pickup and deliver for the concession at Lew Park and Virgil T. Irwin Park. Such permit shall only be used during the use of ballfields.

Question 48

Minimum speed regulations.

Answer 48

No person within the city shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law.

Question 49

Speeds other than reasonable and prudent.

Answer 49

No person shall operate a motor vehicle on any street within the city at a speed greater than is reasonable and prudent under the conditions then existing, having regard to the actual and potential hazards when approaching and crossing an intersection; when approaching and going around a curb; when approaching a hillcrest; when traveling upon a narrow or winding roadway; or when special hazards exist with respect to pedestrians or other traffic, or by reason of weather or street conditions; and in every event, speed shall be controlled as may be necessary to avoid colliding with a person, vehicle or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care.

Question 50

Speeds greater than 30 miles per hour not reasonable or prudent.

Answer 50

hen no special hazard exists that requires a lower speed for compliance with section 78-8, a person shall not operate or drive any motor vehicle or other vehicle on any street within the city at a speed greater than 30 miles per hour, unless otherwise provided in this chapter, and any speed in excess of 30 miles per hour, unless otherwise provided in this chapter, shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful.

Question 51

Alleyways

Answer 51

No person shall operate a motor vehicle or other vehicle upon any alleyway within the corporate limits of the city at a speed in excess of ten miles per hour. The director of public works may designate and cause appropriate speed limit signs or markings to be placed in such alleyways.

Question 52

Parkways

Answer 52

It shall be unlawful and an offense for any person to park or leave standing a truck or other motor vehicle upon any parkway area within the city; provided, however, this shall not apply to motor vehicles in an emergency situation in which such parking or standing of a truck or other motor vehicle was urgent and necessary. (b) For the purpose of this section, “parkway area” means the area between the property line and the paved or driving portion of any public roadway, whether or not an alley or other public property intervenes.

Question 53

Public places

Answer 53

No person within the city shall stop, stand or park a vehicle in: (1) Places prohibited by V.T.C.A., Transportation Code §§ 545.301—545.307. (2) Places prohibited by official signs, markings or city ordinances. (3) Parking spaces designated for official use. (4) City parks, except in designated parking areas. (b) A person commits an offense, without regard to his mental state, if he stops, stands or parks a vehicle in any of the places prohibited in subsection (a) of this section. (c) It is a defense to prosecution under this section that the: (1) Operator of a vehicle was a permittee; or (2) Stopping, standing or parking of a vehicle was necessary to avoid conflict with other traffic, or in compliance with the law or the direction of a police officer or official traffic control device.

Question 54

Parking on unimproved surfaces.

Answer 54

A person within the city commits an offense if such person causes, suffers, permits or allows: (1) The parking or storage of a motor vehicle, trailer, boat or other watercraft within a front yard upon any surface other than a driveway or other minimum improved parking surface; (2) The parking or storage of a motor vehicle, trailer, boat or other watercraft within a side or rear yard upon any surface other than a driveway or other minimum improved parking surface; (3) The parking or storage of more than three motor vehicles, trailers, boats or other watercraft within any side or rear yard,

Question 55

Parking of commercial motor vehicles.

Answer 55

It shall be unlawful for any person or owner to leave, park or stand, or permit to be parked, any commercial motor vehicle on any public or private property within the city, whether on or off a designated truck route, which is not zoned for the parking or storage of such vehicle.

Question 56

Driving and/or parking off of designated truck route

Answer 56

it shall be unlawful, and a permit shall not be issued, for any person or owner to park, or permit to be parked, a commercial motor vehicle which has a manufacturer’s rated carrying capacity of more than 2.5 tons on any street, highway or roadway within the city. (b) It shall be unlawful for any person or owner to park, or permit to be parked, a commercial motor vehicle on any street, highway or roadway within the city unless such person or owner first obtains a special parking permit from the city manager or his designated representative

Question 57

abandoned motor vehicle

Answer 57

Is inoperable and more than five years old and is left unattended on public property for more than 48 hours; (2) Has remained illegally on public property for a period of more than 48 hours; (3) Has remained on private property for more than 48 hours without the consent of the owner or person in control of the property; or (4) Has been left unattended on a right-of-way of a designated county, state or federal highway for more than 48 hours.

Question 58

Junked vehicle and junk motor vehicle

Answer 58

vehicle that is self-propelled and:

(1) Does not have lawfully attached to it either an unexpired license plate or a valid motor vehicle inspection certificate; and (2) Is either: a. Wrecked, dismantled, or partially dismantled, or discarded; or b. Inoperable and has remained inoperable for more than 72 consecutive hours if the vehicle is on public property, or 30 consecutive days if the vehicle is on private property.

Question 59

Right of immediate removal.

Answer 59

Nothing contained in this article shall affect or in any way impair or diminish the lawful authority of the police department to cause an immediate removal, as an obstruction to traffic, of a vehicle left upon public property or a public right-of-way.

Question 60

Authority to impound abandoned vehicles and watercraft; notification; sale.

Answer 60

he city police department is authorized to take into custody any abandoned motor vehicle, watercraft or outboard motor found on public or private property within the city. The police department may use department personnel, equipment and facilities and may contract, upon approval from the city council, for other personnel, equipment and facilities to remove, preserve and store an abandoned motor vehicle, watercraft or outboard motor taken into custody under this section.

Question 61

Junked vehicles declared public nuisance; abatement procedures; exemptions.

Answer 61

A junked vehicle, including any part thereof, that is located in a place where such vehicle is visible from a public place or a public right-of-way within the city is detrimental to the safety and welfare of the general public, tends to reduce the value of property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is declared to be a public nuisance.

Question 62

Disposal of junked vehicles;

Answer 62

Junked vehicles within the city may be disposed of by removal of such vehicles to a scrapyard, demolisher or any other suitable site. Such removed vehicles shall not be reconstructed or made operable. Persons authorized under this article and as designated by the city manager may enter upon private property for the purposes specified in this article to examine vehicles or vehicle parts, obtain information as to the identity of such vehicles or vehicle parts, and remove or cause the removal of vehicles or vehicle parts declared to be a nuisance by the municipal court judge.