State law references–Authority of governing body to adopt ordinance, rule or police regulation for the good government, peace or order of municipality, V.T.C.A., Local Government Code, sec. 51.001; authority of city to define and declare nuisance, V.T.C.A., Local Government Code, sec. 217.002; nuisances and general sanitation, V.T.C.A., Health and Safety Code, sec. 341.011 et seq.

This article is adopted so that the village council may promote the public health, safety, morals and general welfare within the village through the regulation of the discharge of air guns, guns, firearms, explosive weapons, bows and arrows, slingshots, and similar devices. By prohibiting the discharge of guns, firearms, explosive weapons, zip guns, bows and arrows, and slingshots, and by restricting the discharge of air guns, the village council seeks to prevent bodily injury, death, and property damage within the village limits. (Ordinance 2003-05-01, sec. 2, adopted 5/5/03; Ordinance adopting Code)

1. General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
2. Specific definitions.
   
   Air gun means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by the release of a spring or compressed gases. The term “air gun” includes but is not limited to B-B guns, pellet guns, air pistols and air rifles.
   
   Explosive weapon means any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting of an explosive weapon.
   
   Firearm means any device designed, made, or adapted to expel a projectile through a barrel by using the energy or force generated by an explosion or burning substance, or any device readily convertible to that use. The term “firearm” includes but is not limited to guns, handguns, machine guns, rifles, shotguns, automatic rifles, revolvers, and pistols.
   
   Person means any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
   
   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, parks, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
   
   Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
   
   Village means the incorporated municipality of the Village of Point Venture, and its agents and assigns.
   
   Village limits means the municipal boundaries of the village.
   
   Zip gun means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

(Ordinance 2003-05-01, sec. 3, adopted 5/5/03)

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to $1,000.00 a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

(Ordinance 2003-05-01, sec. 8, adopted 5/5/03; Ordinance adopting Code)

It shall be unlawful for any person to discharge, fire, or shoot any firearm, explosive weapon or zip gun, or bows and arrows, or slingshots, of any description, within the village limits. (Ordinance 2003-05-01, sec. 4, adopted 5/5/03)

Section 8.02.004 of this article shall not apply to:

1. Licensed peace officers, as that term is defined by Texas Code of Criminal Procedure, article 2.12(3), provided that such discharges are made in the course and scope of the peace officers’ official duties;
2. The use of blank cartridges for a theatrical production, military ceremony, or sporting event that is either sponsored by an educational institution or issued a permit by the village;
3. Self-defense or the defense of a third person, as provided by Texas Penal Code sections 9.31, 9.32, and 9.33;
4. Destroying predatory animals on one’s own property or with the written permission of the owner of the property; or
5. Duly designated animal control officers destroying injured animals on public or private property when the injuries are deemed by the officer to be fatal or near fatal.

(Ordinance 2003-05-01, sec. 5, adopted 5/5/03)

It shall be unlawful for any person to discharge, fire, or shoot any air gun in a public place or common area belonging to or managed by the Point Venture Property Owners Association. It shall be unlawful for any person to discharge, fire, or shoot any air gun on or across any public right-of-way or across any property line. (Ordinance 2003-05-01, sec. 6, adopted 5/5/03)

This article may commonly be referred to as the village’s ordinance prohibiting storage of inoperative boats. (Ordinance 2008-05-01, sec. 1, adopted 5/1/08)

This article is adopted so that the village council may promote the public health, safety, morals, and general welfare within the village through the regulation of the storage of boats on residential property and to encourage the use of off-site boat storage. (Ordinance 2008-05-01, sec. 2, adopted 5/1/08)

1. General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
2. Specific definitions.
   
   Boat. Any motorboat, outboard motor, sailboat, or vessel subject to registration under chapter 31 of the Texas Parks and Wildlife Code, as may be amended.
   
   Inoperative. If a boat, as defined in this section, is not able to be used on the water, for whatever reason. The term also includes any boat, as defined in this section, that is not fit for use because it has not been numbered and registered pursuant to chapter 31 of the Texas Parks and Wildlife Code, as may be amended, or a boat for which the registration is not current.
   
   Person. Any human individual or corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
   
   Residential property. In a residential district, the entire tract upon which rests a house, and any adjoining lots used primarily for residential purposes. It also includes any public or private streets, alleys, sidewalks, or other right-of-way adjacent to the tract.
   
   Village. The Village of Point Venture. The term may also refer to employees, agents or other designees of the village council.
   
   Village council or council. The governing body (i.e., board of aldermen) of the village.

(Ordinance 2008-05-01, sec. 3, adopted 5/1/08)

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Once a person has received notice that they are storing a boat in violation of this article, each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of this article and, after receiving notice, committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

(Ordinance 2008-05-01, sec. 6, adopted 5/1/08; Ordinance adopting Code)

1. It shall be unlawful for any person to store an inoperative boat on residential property, or on the adjacent streets and alleyways, for extended periods of time. For the purposes of this article, an extended period of time means for more than ten (10) days within a thirty (30) day period.
2. It is not a defense to this article that, during the thirty (30) day period, the boat has been moved to a different location or that the ten (10) days were not contiguous.
3. It is a defense to this article if the boat is stored out of public view and inside a garage, storage shed, or other building that is appropriate for that purpose and in keeping with the general aesthetic of the village.

(Ordinance 2008-05-01, sec. 4, adopted 5/1/08)

This article may be cited as the abandoned or junked vehicle ordinance. (Ordinance 2011-01-01, sec. 2, adopted 1/3/11; Ordinance adopting Code)

Chapter 683 of the Texas Transportation Code, as it now exists and as it may hereafter be amended, shall be followed by the departments and offices of the village in regard to abandoned and junked vehicles. Furthermore, the policies, definitions, prohibitions, obligations, procedures and other provisions relating to abandoned and junked vehicles contained within chapter 683 are hereby adopted. (Ordinance 2011-01-01, sec. 4, adopted 1/3/11)

1. General provisions. Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
2. Specific definitions.
   
   Junked vehicle means a vehicle as defined in the Texas Transportation Code, section 683.071, as amended.
   
   Officer means any person designated by the village council as authorized to investigate and enforce suspected violations of village ordinances or regulations. The term may include a volunteer, a peace officer, a village code officer, or another person so designated by the village council or mayor.
   
   Person means an individual, corporation, organization, government agency, business trust, partnership, association, or any other legal entity.
   
   Village means the Village of Point Venture. The term also includes the village’s agents and assigns.

(Ordinance 2011-01-01, sec. 5, adopted 1/3/11)

It shall be unlawful for any person to maintain, possess, or locate any junked vehicle within the village in violation of this article. Junked vehicles are hereby declared to be a nuisance. (Ordinance 2011-01-01, sec. 6, adopted 1/3/11)

1. Any person may file a complaint alleging the existence of a junked vehicle or part thereof as a public nuisance in the village. The complaint must:
   1. Be in writing;
   2. Provide sufficient details about the alleged nuisance;
   3. Be signed by the complainant; and
   4. Be filed with the village code enforcement officer.
2. On his/her own knowledge or on the basis of a written complaint, the code enforcement officer shall investigate the alleged existence of a junked vehicle or part thereof on private or public property or a public right-of-way within the village.

(Ordinance 2011-01-01, sec. 7, adopted 1/3/11)

1. If it is determined by the code enforcement officer that a nuisance, as defined herein, exists in the village, the officer shall give notice or cause notice to be given in writing. The notice shall state the nature of the public nuisance, that the nuisance must be removed and abated within ten (10) days, and further that a request for a hearing must be made within ten (10) days of receipt of the notice. The notice must be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:
   1. The last known registered owner of the nuisance;
   2. Each lienholder of record of the nuisance; and
   3. The owner or occupant of:
      1. The property on which the nuisance is located; or
      2. If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
2. The notice must state that:
   1. The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and
   2. Any request for a hearing must be made before that 10-day period expires.
3. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.
4. If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
5. If a person to whom notice is required to be given requests a hearing within the period provided in the subsections above, a public hearing must be held, prior to the removal of the vehicle, or the part thereof, before the village council. If a hearing is to be held, the hearing shall be held not earlier than the 11th day after the date of the service of notice.
6. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
7. If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle’s:
   1. Description;
   2. Vehicle identification number; and
   3. License plate number.
8. If, after written notice has been given, as described in this section, and continuing through the hearing, the owner relocates the junked vehicle, or a part thereof, to another location in the village or in Travis County, the relocation has no effect on the hearing if the vehicle, or a part thereof, constitutes a public nuisance at the new location.

(Ordinance 2011-01-01, sec. 8, adopted 1/3/11)

1. After the hearing is held by village council, as herein provided, if the village council finds that such a nuisance as herein defined exists, the village council shall order the owner or occupant of the premises on which said vehicle is located to remove such junked vehicle or part thereof within ten (10) days after said order is given to such owner or occupant of the premises on which said vehicle is located.
2. 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.

(Ordinance 2011-01-01, sec. 9, adopted 1/3/11)

After a vehicle has been removed in accordance with or under the terms and provisions of this article, it shall not be reconstructed or made operable. (Ordinance 2011-01-01, sec. 10, adopted 1/3/11)

Notice shall be given by the village to the state department of transportation (TxDOT) within five (5) days after the date of removal, identifying the vehicle, or part thereof. (Ordinance 2011-01-01, sec. 11, adopted 1/3/11)

1. This article shall not apply to a vehicle, or part thereof:
   1. That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
   2. That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or part and the outdoor storage area, if any, are:
      1. Maintained in an orderly manner;
      2. Not a health hazard; and
      3. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
2. In this section:
   
   Antique vehicle means a passenger car or truck that is at least 25 years old.
   
   Motor vehicle collector means a person who:
   1. Owns one or more antique or special interest vehicles; and
   2. Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
   Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.

(Ordinance 2011-01-01, sec. 12, adopted 1/3/11)

The administration of this article shall be supervised by the mayor or by regularly salaried, full-time employees of the village, except that the removal of vehicles, or parts thereof, from property may be by any other duly authorized person. Investigations and enforcement actions may be initiated under this article by any officer, without regard to the officer’s payroll status, provided that officer is supervised by the mayor or a regularly salaried, full-time employee of the village. (Ordinance 2011-01-01, sec. 13, adopted 1/3/11)

1. 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 officer may, if said nuisance has not been abated, remove or cause to be removed the vehicle which was the subject of such notice to a suitable village storage area, or otherwise dispose of the junked vehicle in any lawful manner.
2. Out of the proceeds of the sale or other disposal of the junked vehicle the officer shall pay for the cost of removal and storage, and the balance, if any, shall be paid to the person entitled thereto (the village, the owner, or the lienholder).

(Ordinance 2011-01-01, sec. 14, adopted 1/3/11)

1. Civil and criminal penalties. The village shall have the power to administer and enforce provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two hundred dollars ($200.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to one thousand dollars ($1,000.00) a day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

(Ordinance 2011-01-01, sec. 15, adopted 1/3/11; Ordinance adopting Code)