City Hall | City Council | Minutes | EMS | Fire Department | City Court | Police Department | Library
Historical | Cemetery | Community Calendar | Chamber of Commerce | Churches Schools

LORENZO CODE OF ORDINANCES
 

 

Article 7.100: Discharge of Firearms
Article 7.200: Damaging Trees, Shrubs, Etc.
Article 7.300: Junked Vehicles
Article 7.400: Curfew Regulations
Article 7.500: Noise Regulations

 

ARTICLE 7.100 DISCHARGE OF FIREARMS

State Law reference-Authority of municipality to regulate the discharge of firearms, V.T.C.A., Local Government Code, Sec. 217.003.

 

Sec.7.101 Short Title

This article shall be known and may be cited as the "Firearms Ordinance."

Sec.7.102 Definitions

For the purposes of this article, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory .

Firearm. Shall be defined as any device designed, made, or adopted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance, or gas or air powered substance.

Bow. shall be defined as a device for shooting arrows, a flexible, curved strip of wood or other material, with a taut cord connecting the two ends.

Arrow. Shall be defined as a slender shaft usually pointed at one end and feathered or ~ affixed with some at the other end for shooting from a bow.

Crossbow. Shall be defined as a type of bow consisting of a bow set transversely on a modified gun type stock.

Blowgun. Shall be defined as a long, tube-like weapon through which darts or pellets are blown by artificial or human gusts of air .

Public Place. Shall be defined as a place in which the public has an interest as affecting the safety, health, morals, and welfare of the community; a place exposed to the public.

Sec.7.103 Firearms

(a) It shall be unlawful for any person or persons to discharge a firearm, bow and arrow, crossbow, or blow gun within the city limits of the City of Lorenzo.

(b) It shall be unlawful for any person who has not attained the age of eighteen years to possess, control or use any firearm, bow and arrow, crossbow or blow gun in any public place within the city limits of the City of Lorenzo. The expressed intent of this provision is to prohibit the use, possession or control of the aforementioned type of weapons by any juvenile within the city limits of the City of Lorenzo. This article is not made to infringe ;oc. "c
upon the rights of adults to own or possess any type of weapon aforementioned.
(c) Any person found to violate this article shall be punished by a fine as provided for in the general penalty provision found in Section 1.106 of this code.

Sec.7.104 Exceptions

(a) This article shall not apply to any licensed shooting gallery. Anyone eighteen years of age or older may apply to the chief of police of the City of Lorenzo for a permit to operate a shooting range within the city limits of the City of Lorenzo. The chief of police of the City of Lorenzo is charged with the responsibility of insuring that such shooting range is safe and does not endanger the citizens of Lorenzo, and in addition thereto, that such shooting range complies with all other local state and federal regulations regarding shooting ranges. A permit fee as provided for in the fees schedule found in the appendix of this code shall be required of any shooting range.

(b) This article shall not apply to peace officers in the performance of their duties or to the discharge of firearms where necessary in the defense of persons or property.

(Ordinance adopting Code)

ARTICLE 7.200 DAMAGING TREES, SHRUBS, ETC.

(a) It shall be unlawful for any person to cut or otherwise mutilate any shade tree, shrub or shrubbery within the city limits of the City of Lorenzo.

(b) It shall be unlawful for any person to hitch or tie any horse, mule, or other animal to any tree, shrub or shrubbery within the city limits of the City of Lorenzo.

(c) Every person violating any of the provisions of subsections (a) and (b) above set forth shall be deemed guilty of a misdemeanor and upon conviction thereof in the corporation court shall be fined in accordance with the general penalty provision found in Section 1.106 of this code.

(Ordinance 10 adopted 4/21/25)

ARTICLE 7.300 JUNKED VEHICLES

State Law reference-Regulation of abandoned and junked motor vehicles, V.T.C.A., Transportation Code, ch. 683.

Sec. 7.301 Short Title

This article may be cited as "Junked Vehicle Ordinance"

 

Sec. 7.302 Definitions

The following tenus whenever used or referred to in this article shall have the following respective meaning unless a different meaning clearly appears from the context:

City. Shall mean the City of Lorenzo, Texas.

Police Department. Shall mean the police department of the city acting under general police power authority as vested by the city and the State of Texas.

Demolisher. Means any person whose business is to convert the motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle motor vehicles.
( Ordinance 0-07 -C-86 of 7/14/86)

Junked Vehicle. Means any motor vehicle that is self-propelled and inoperable and:

(1) does not have lawfully attached to it:

(A) an unexpired license plate, or

(B) a valid motor vehicle inspection certificate;

(2) is wrecked, dismantled or partially dismantled, or discarded; or

(3) has remained inoperable for more than 45 consecutive days. (Ordinance
adopting Code )

Motor Vehicle. Means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act.

Antique Auto. Means passenger cars or trucks that were manufactured in 1925 or before, or which become 35 or more years old.

Special Interest Vehicle. Means 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 hobbyists.

Collector. Means the owner of one or more antique or special interest vehicles 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.

Sec.7.303 Junked Vehicles Declared a Public Nuisance

Junked vehicles which are located in any place where they are visible from a public place or public right-of-way are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the State of Texas, and such vehicles are therefore, declared to be a public nuisance.

Sec. 7.304 Making it Unlawful to Create or to Maintain Such Nuisance

It shall be unlawful for any individual, company or corporation to leave or permit to remain upon public or private property (except as hereinafter provided), within the City of Lorenzo, Texas, any junked vehicle or parts or portion thereof, for any period of time in excess often (10) days.

Sec. 7.305 Notice by Chief of Police of the City of Lorenzo, Texas

(a) Whenever it is brought to the attention of the chief of police of the City of Lorenzo, Texas, that a nuisance, as defined herein, exists in the City of Lorenzo, the chief of police shall serve, or cause to be served, notice by certified mail, with five (5) day return requested, on the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private premises on which the public nuisance is located. The notice shall state the nature of the public nuisance on private property , that it must be removed, and that a request for a hearing must be made before expiration of said ten ( 10) day period. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.

(b) Whenever it is brought to the attention of the chief of police of the City of Lorenzo, Texas, that a nuisance, as defined herein, exists in the City of Lorenzo, Texas, the chief of police shall serve, or cause to be served, notice by certified mail, which five (5) return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance is located. The notice shall state the nature of the public nuisance on public property or a public right-of-way, that it must be removed and abated within ten (10) days, and that a request for a hearings must be made before expiration of said ten (10) day period. If the notice is returned undelivered by the United States Post Office, official action to abate said nuisance shall be continued to a date not less than ten ( 10) days from the date of such return.

( c ) A public hearing shall be had prior to the removal of the vehicle or part thereof as a public nuisance, to be held before the governing body of the city, town or county or any other board, commission, or official of the city, town, or county as designated by the V governing body, when, such a hearing is requested by the owner ,of occupant of the
public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which said vehicle is located, within ten (10) days after service of notice to abate the nuisance. Any resolution or order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site.

Sec. 7.306 Order by Municipal Judge

(a) After the hearing is held by the judge of the municipal court of the City of Lorenzo as herein provided, if said municipal judge finds that such nuisance as herein defined exists he shall order the owner or occupant of the premises on which said vehicle is located to remove such junked vehicle within ten (10) days after said order is given to such owner or occupant of the premises on which said vehicle is located,

(b) It shall be unlawful and a violation of this article for any such person to whom such order is given to fail or refuse to comply therewith and to remove such junked vehicle within the time provided by said order .

Sec. 7.307 Duty of Owner or Occupant of the Premises

In the event the owner or occupant of the premises does not request a hearing as ~ hereinabove provided it shall be his duty to comply with the provisions of the notice
given him and to abate such nuisance within ten (10) days after the date of the receipt of such notice.

Sec.7.308 Vehicles Not to be Made Operable

After a vehicle has been removed in accordance with or under the terms of and provisions of this article, it shall not be reconstructed or made operable.

Sec. 7.309 Notice to State Department of Highways and Public Transportation

Notice shall be given to the State Department of Highways and Public Transportation within five ( 5) days after the date of removal identifying the vehicle or part thereof. Said Department shall forthwith cancel the certificate of title to such vehicle pursuant to the Certificate of Title Act, Article 6687-1, Vernon's Texas Civil Statutes.

Sec.7.310 Where Article Does Not Apply

Such procedure shall not apply to (1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, (2) a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business or a licensed vehicle dealer of a junkyard or (3) unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas 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, rapidly growing trees, shrubbery , or other appropriate means

Sec.7.311 Administration of this Ordinance

The administration of this article shall be regularly salaried full-time employees of the City of Lorenzo, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

Sec.7.312 Removal of Vehicle

Within ten (10) days after notice has been delivered to the owner or occupant of the premises on which a junked vehicle is located if a hearing is not requested, or if a hearing is requested, within ten (10) days after an order requiring the removal of such junked vehicle has been served upon or delivered to the owner or occupant of the premises on which said vehicle is located, the chief of police of the City of Lorenzo or members of the police department of the City of Lorenzo acting under the direction of the chief of police, may if said nuisance has not been abated, removed or cause to be removed the vehicle which was the subject of such notice to a suitable city storage area designated by the city manager of the City of Lorenzo, Texas. Such vehicle shall be v '1 stored in such storage area for a period of not less than ten (10) days during which period any party owning or claiming any right, title or interest therein shall be entitled to claim possession of same by the payment to the City of Lorenzo, Texas, the actual costs of towing and storage, such fees being reasonable, for ( 1) a period of not more than ten ( 10) days beginning on the day the department mails notice as herein provided; and (2) a period beginning on the day after the day the department mails notice and continuing through the day any accrued changes are paid and the vehicle is removed. The judge of the municipal court may, if he deems it necessary , require any person taking possession of a vehicle after payment of towing and storage fees, to post bond of not more than $50.00 nor less than $25.00, conditioned that such person will not use said vehicle to create another nuisance in the City of Lorenzo.

Sec.7.313 Sale or Disposal of Vehicles

(a) When any junked vehicle has remained in the storage area provided in Section 7.312, hereof for not less than ten ( 10) days, it shall be the duty of the chief of police of the City of Lorenzo, Texas, to dispose or sa1e by removal to a scrap yard or by sale to a demolisher for the highest bid or offer received therefore or to remove same to any suitable site operated by the city for processing as scrap or salvage.

(b) Out of the proceeds of same the chief of police shall pay for the cost of removal and V storage and the balance, if any, shall be paid to the person entitled thereto (either owner
or lienholder).

(c) If there is not a bid or offer for the junked vehicle the chief of police may dispose of same by causing it to be demolished or removed by a demolisher who is willing to do so for the benefit of the junk or parts he can salvage.

Sec.7.314 Chief of Police May Delegate

Wherever the chief of police is charged with the enforcement of this article, he may delegate said authority to any regular / salaried employee of the police department of the City of Lorenzo.

(Ordinance 0-07-C-86 adopted 7/14/86)

ARTICLE 7.400 CURFEW REGULATIONS

Sec. 7.401 Definitions

Minors. Shall mean any person under seventeen (17) years of age and over nine (9) years
of age.

Parent. Shall mean a person who is the natural or adoptive parent of a person. As used herein "parent" shall also include a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person.

Guardian. Shall mean any person to whom custody of a minor has been given by a court order.

Emergency. Shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person.

Public Place. Means 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, apartments, houses, office buildings, transport facilities, and shops.

Sec. 7.402 Offenses

(a) It shall be unlawful for any minor to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of Lorenzo between the hours of ten thirty o'clock at night on Sunday until 6:00 a.m. on Monday; between the hours of ten thirty o'clock at night on Monday until 6:00 a.m. on Tuesday; between the hours of ten thirty o'clock at night on Tuesday until 6:00 a.m. on Wednesday; between the hours of ten thirty o'clock at night on Wednesday until 6:00 a.m. on Thursday; between the hours of ten thirty o'clock at night on Thursday until 6:00 a.m. on Friday; and between the hours of twelve o'clock at night (midnight) and 6:00 a.m. on a Saturday or Sunday;

(b) It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in Section 7.402(a) of this article.

Sec. 7.403 Defenses

It is a defense to prosecution under Section 7.402 of this article that:

(1) The minor was accompanied by his or her parent;

(2) The minor was accompanied by another adult approved by the parents;

(3) The minor was on emergency errand;

(4) The minor was attending a school, government sponsored or religious activity
or is going to or coming from a school, religious, or government sponsored activity without detour or stop;

(5) The minor was engaged in a lawful employment or volunteer work at a recognized charity institution or is going to or coming from such activity without detour or stop;

(6) The minor was on the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next door neighbor not communicating an objection to the police officer;

(7) The minor was upon an errand directed by his or her parent;

(8) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route;

(9) The minor was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including but not limited to the free exercise of religion, freedom of speech, and freedom of assembly;

(10) The minor was married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

Sec. 7.404 Enforcement Procedure

(a) Any police officer, upon finding a minor in violation of Section 7.402 of this article, shall determine the name and address of the minor, and the name and address of his or her parent(s) or guardian(s). A warning notice shall be issued to the minor, who shall be ordered to go home by the most direct means and route. A copy of the notice shall be forwarded to the Crosby County Attorney's Office, which shall send a letter to the parent(s) or guardian(s) of the minor advising of the fact that the minor was found in violation of this article, and soliciting cooperation in the future.

(b) Any police officer, upon finding a minor in violation of Section 7.402, who has previously been found in violation and issued a warning as provided for in (a) above, shall transfer the case to proper authorities for handling under the provisions of Title 3 of the Family Code. In addition, a complaint will be filed against the parents in municipal court for violation of Section 7 .402(b ) hereof. The police department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this article by either the minor or by any parent or guardian.

Sec. 7.405 Penalties

(a) Any minor violating the provisions of this article shall be guilty of a Class "C" ~ misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of Title 3 of the Texas Family Code.

(b) A parent of a minor violating this article shall be guilty of a misdemeanor, which shall be punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code.

(c) In assessing punishment for either a parent or a child the municipal court judge is encouraged to consider a community service program.

(Ordinance 0-08-94 adopted 8/8/94)

ARTICLE 7 .500 NOISE REGULATIONS

State Law reference-Authority of municipality to restrain or prohibit the ringing of bells, blowing of horns, hawking of goods, or any other noise, V.T.C.A., Local Government Code, Sec. 217.003

(a) It shall be unlawful for any person to use or operate, cause to operated, or allow to be used or operated, any mechanical device or electrical device, machine, apparatus or instrument to intensify or to amplify any other sound in the City of Lorenzo, whereby the sound therefrom can be heard to the annoyance or inconvenience of travelers upon any street or public place, or of persons in neighboring premises.

(b) The following acts, among others, are declared to be nuisances in violation of this ~ article, but said enumeration' s shall not be deemed to be exclusive, to-wit: V

(1) The playing of any radio, phonograph or other musical instrument in such manner or with such volume, particularly during the hours between 10:00 P.M. and 7 A.M., as to annoy or disturb the quiet, comfort or repose of persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in any office building, dwelling or other type of residence.

(2) The use of any stationary loud-speaker or amplifier of such intensity that annoys or disturbs persons of normal nervous sensibilities and of ordinary tastes, habits, and modes of living in the immediate vicinity thereof; the use of any stationary loud-speaker or amplifier operated on any day between the hours of 10:00 P.M. and 7:00 A.M. This provision shall not be construed to deny any party the right to operate church bells or chimes or conduct any outdoor meeting using a stationary loud-speaker. In the event such speakers shall be used after the hour of 10:00 P.M., individuals desiring to operate same shall receive a permit from the city who shall not unreasonably withhold the same.

(3) The keeping of any animal or fowl which by causing frequent or long continued noise shall disturb the comfort and repose of any person of normal nervous sensibilities and ordinary taste, habits, modes of living in the immediate vicinity.

(4) The continued or frequent sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle except as a danger or warning signal; the creation by means of any such signal device of any unreasonable loud or harsh device for any unnecessary and unreasonable period of time.

(5) The discharge into the open air of the exhaust of any stationary internal combustion engine or motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(6) The use of any automobile, motorcycle or vehicle, in a state of disrepair or loaded or operated in such a manner as to create loud or unnecessary noises such as spinning or squealing of tires, loud or defective exhaust, grating, grinding, rattling or other noises.

(7) The erection, including excavation, demolition, alteration or repair work on any building between the hours of 8:00 P .M. and 6:00 A.M., except in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the city, which permit may be renewed during the time the emergency exists.

(8) The creation or causing of any unreasonable or excessive noise, that is V calculated to disturb a person of ordinary sensibilities, by any means on any street adjacent to any school while the same is in session and in or near a residence.

(c) Any person violating the provisions of this article shall be guilty of a Class C misdemeanor as defined by the Texas Penal Code 12.23 and shall be subject to a fine as provided for in the general penalty provision found in Section .1.106 of this code.

(Ordinance 0-11-97 adopted 12/15/97)

 

City of Lorenzo Official Website
Please contact our Webmaster with questions or comments
Webmaster
Lorenzo City Hall 806-634-5596
Copyright © 2002 All Rights Reserved