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210 ORDINANCE 1987-115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REPEALING SECTIONS 16-22 THROUGH 16-34 OF THE SAN MARCOS CODE OF ORDINANCES AND ADOPTING IN ITS PLACE NEW SECTIONS 16-22 THROUGH 16-32, PROVIDING PROCEDURES FOR THE IMPOUNDMENT AND SALE OF PERSONAL PROPERTY DECLARED A NUISANCE, ESTABLISHING FEES FOR THE IMPOUNDMENT OF PERSONAL PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. That sections 16-22 through 16-34 are repealed and the following adopted in its place: Sec. 16-22. Abandoned property declared a nuisance: duty of police to impound. Any personal property or obstruction, other than a motor vehicle placed, left standing, parked, erected or lying in violation of any ordinance or the Charter of the City of San Marcos (hereinafter referred to as "City"), or left unattended for more than forty-eight (48) continuous hours in any public street, alley, sidewalk, park or any other property owned, controlled or managed by the City is declared to be a nuisance, and any such property when so found by the police officers of the City shall be removed or caused to be removed summarily to the police pound or any other place of impoundment designated by the city manager of the City. "Motor vehicle" as used in this article means a motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes), and includes a motorboat, outboard motor, or vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. "Motor vehicle" does not include a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least 35 years old nor does it include a motor vehicle of any age that has not been altered or modified from original manufacturer's specification and, because of its historic interest, is being preserved by hobbyists. Sec. 16-23. Certification of Abandonment. The police officers of the City may certify the abandonment of any property described in Sec. 16-22 hereof by completing an incident report when they find property has been left unattended for more than forty-eight (48) continuous hours in or on any publ ic street, alley, sidewalk, park or on any other property owned, controlled or managed by the City. The incident report shall indenti fy the property abandoned and a tag or other form of identification shall be securely fastened to the property. The incident report shall be prima facie evidence in any court that the property is abandoned and a public nuisance. Sec. 16-24. Impoundment: city manager's authority. The city manager is authorized to cause any personal property described in Section 16-22 and certified in accordance with Section 16-23 to be