Chapter 8: Offenses and Nuisances
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 8.01
GENERAL PROVISIONS (RESERVED)
ARTICLE 8.02
NOISE
§ 8.02.001 Penalty.
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a
misdemeanor and upon conviction shall be subject to a fine not to exceed the sum of five hundred
dollars ($500.00) for each offense, and each day that a violation occurs or continues constitutes a
separate offense.
(Ordinance 145, sec. 6, adopted 8/14/01)
§ 8.02.002 Definitions, general prohibitions.
(a) Definitions.
Ambient noise. The all-encompassing noise level associated with a given environment, being a
composite of sounds from all sources at the location, constituting the normal or existing level of
environmental noise at a given location.
Decibel (dBA). The unit of measurement for sound pressure at a specified location.
Unreasonable noise.
(1) Any unreasonably loud, disturbing and unnecessary noise which causes material distress,
discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof; or
(2) Any noise of such character, intensity and continued duration, which substantially interferes
with the comfortable enjoyment of private homes by persons of ordinary sensibilities.
(b) General prohibitions.Unreasonable noise, that which is above 80 decibels, shall be prohibited
during the following times:
(1) Sunday 10:00 p.m. to 7:00 a.m.
(2) Monday 10:00 p.m. to 7:00 a.m.
(3) Tuesday 10:00 p.m. to 7:00 a.m.
(4) Wednesday 10:00 p.m. to 7:00 a.m.
(5) Thursday 10:00 p.m. to 7:00 a.m.
(6) Friday 11:00 p.m. to 7:00 a.m.
(7) Saturday 11:00 p.m. to 7:00 a.m.
(c) It shall be unlawful for noise levels to exceed 110 decibels at any time. Noise measurements shall
be a minimum of 30 seconds in duration. Decibel levels are measured from a complainant’s
property line. For residential districts adjacent to other districts (excluding industrial zoning
districts), the residential decibel levels apply when measured from a residential complainant’s
property line. Violations will be determined based on the highest registered reading in that
measurement period. All measurement levels will be inclusive of any ambient noise that exists at
the time of the measurement.
(d) Fireworks are permitted in the city limits, but are limited to the following holiday periods when a
burn ban under chapter 5 of this code is not in effect:
It shall be legal to ignite fireworks during the sales period and until 7:00 a.m. on the Monday after
the sales period ends.
Sales Period:
Texas Independence Day - March 2nd 2/25–3/2
San Jacinto Day - April 21st 4/16–4/21
Memorial Day Wed before last Monday to that Monday
4th of July - July 1st through 4th 6/24–7/4 (midnight)
Diwali Beginning five days before the first day of
Diwali and ending at midnight on the last
day of Diwali.
New Year's - December 31st–January 1st 12/20–1/1 (midnight)
(Ordinance 305 adopted 4/10/18; Ordinance 379 adopted 10/8/2024)
§ 8.02.003 Use of bell, siren or whistle on vehicles.
No vehicle shall be equipped with and no person shall use upon a vehicle any bell, siren, or
compression or exhaust whistle, except that vehicles operated in the performance of duty by law
enforcement officers or the fire department and ambulances may attach and use a bell, siren, or
compression or exhaust whistle.
(Ordinance 145, sec. 3, adopted 8/14/01)
ARTICLE 8.03
WEAPONS
§ 8.03.001 Federal and state laws pertaining to firearms to be upheld.
All federal and state laws pertaining to firearms and ammunition shall be upheld.
(Ordinance 17 adopted 5/30/78)
§ 8.03.002 Discharge of firearms; shooting bow or similar device.
(a) Discharge of firearms prohibited.It shall be unlawful for any person to fire or shoot or cause to
be fired or shot any 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, within the corporate limits of the city.
(b) Shooting of bow or similar device prohibited.It shall be unlawful for any person to shoot a long
bow, compound bow, or other bow type device designed for the purpose of projecting an arrow
or other type projectile, within the corporate limits.
(c) Exemptions.Provided, however, subsection (a) of this section shall not apply to peace officers
and animal control officers while in the performance of their official duties.
(d) Special permit.Provided, however, this section shall not apply where a special permit has been
obtained from the city. To secure such special permit, application must be made to the city
council, describing in detail the request of the applicant. Upon receipt of such request, the city
council shall designate a person to investigate said application and report to the council. The city
council may issue such special permit setting forth any requirements or restrictions as the
council may impose.
(e) Penalty.Any person, firm or corporation violating any provision of this section shall be deemed
guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed the sum of
five hundred dollars ($500.00) for each offense, and every day any offense is continued shall
constitute a new and separate offense.
(Ordinance 132 adopted 6/27/01)
ARTICLE 8.04
VEGETATION IN RIGHT-OF-WAY OR ON VACANT LAND
§ 8.04.001 Purpose.
The purpose of this article is to require that all persons, partnerships, corporations, institutions or other
organizations owning property within the boundaries of the city shall keep weeds, grasses, brush and
trees trimmed and controlled as described in sections 8.04.002 and 8.04.003 below.
(Ordinance 41, sec. 1, adopted 11/20/90)
§ 8.04.002 Vegetation in right-of-way.
This section establishes the requirements which apply within the public rights-of-way as recorded in
the land records of the county clerk’s office.
(1) Grass and weeds.All grasses and weeds growing in any right-of-way shall be kept mowed to a
height no greater than 18 inches during the active growing season, and no greater than 12 inches
during the dormant season.
(2) Shrubs and brush.No shrubs and/or brush shall be planted closer than 10 feet from a roadway
nor permitted to grow in such a way as to obstruct vision in a right-of-way.
(3) Trees.
(A) No trees shall be planted in any right-of-way and closer than 15 feet of a roadway. Where
existing trees do not meet this standard, they shall be permitted to remain:
(i) But be at risk should the roadway or ditches be improved; and
(ii) As long as they are kept trimmed as defined below.
(B) All trees shall be kept trimmed so that:
(i) Within ten feet of any roadway, no foliage is permitted to grow less than 8 feet above
the ground; and
(ii) Over the roadway, no branches are permitted to grow less than 14 feet above the
ground.
(Ordinance 41, sec. 2, adopted 11/20/90; Ordinance 372 adopted 8/13/2024)
§ 8.04.003 Weed control on vacant land.
(a) This section establishes requirements for weed control on vacant lots and/or non-agricultural-use
land. These requirements shall apply anywhere within 100 feet of a public right-of-way or
property line as recorded in the land records of the county clerk’s office.
(b) For purposes of this section, agricultural-use land is defined to mean land cultivated and planted
to raise crops or actively used as pastureland within the preceding six months.
(c) All grasses and weeds growing on any vacant lot and/or non-agricultural-use land shall be kept
mowed to a height no greater than 10 inches during the active growing season, and no greater
than 12 inches during the dormant season.
(Ordinance 41, sec. 3, adopted 11/20/90)
§ 8.04.004 Wildflowers.
Any area set aside for the planting, growth, and propagation of wildflowers may be exempted from the
weed-height provisions of this article, providing that:
(1) Written notification is presented to the city council; and
(2) The area is promptly mowed after the seeds have fallen.
(Ordinance 41, sec. 4, adopted 11/20/90)
§ 8.04.005 Responsibility of property owner; notice; performance of work by city.
(a) It shall be the property owner’s responsibility to see that all aspects of the above requirements are
met, and shall extend to the edge of the public roadway.
(b) If a property owner fails to meet these responsibilities, the city secretary shall issue a warning
letter citing this article and the applicable section, giving the property owner 30 days to comply.
(c) Continued failure to comply shall be cause for a citation of noncompliance giving the property
owner an additional 15 days to comply, together with a warning that further noncompliance can
result in charges filed in a court of law and/or will serve cause for the city to perform the work at
the property owner’s expense. Said citation shall be served by the city marshal, or alternatively
shall be sent by registered mail, return receipt requested.
(d) Should the city find it necessary to have the work done, a bill for actual costs shall be presented
to the property owner in the same manner as described in subsection (c) above.
(e) Should a property owner fail to pay the bill, a lien shall be placed upon the property in favor of
the city, said lien being such that it must be satisfied prior to any sale of the property.
(Ordinance 41, sec. 5, adopted 11/20/90)
§ 8.04.006 Appeals.
A property owner may appeal a warning letter, citation, or bill to the city council.
(Ordinance 41, sec. 7, adopted 11/20/90)
ARTICLE 8.05
JUNKED VEHICLES
§ 8.05.001 Definitions.
The following definitions apply for the purposes of this division:
Antique vehicle. A passenger car or truck manufactured at least twenty-five (25) years ago.
Demolisher. A person with a business that converts a motor vehicle into processed scrap or scrap metal,
or otherwise wrecks or dismantles motor vehicles.
Department. Any city department authorized by the city council to take action under the provisions of
this division.
Junked vehicle. A self-propelled vehicle, or part thereof, and trailers that:
(1) Displays an expired or invalid license plate or registration insignia; or
(2) Does not display a current, valid license plate or registration insignia; and
(3) Is:
(A) Wrecked, damaged, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public property; or
(ii) Thirty (30) consecutive days, if the vehicle is on private property.
Motor vehicle collector. An antique or special vehicle owner who, for personal use, collects, purchases,
acquires, trades, or disposes of antique or special interest vehicles, or their parts, in order to restore,
preserve, and maintain an antique or special vehicle for historic interest.
Special interest vehicle. A motor vehicle of any age without alteration or modification from original
manufacturer’s specifications that, because of its historic interest, is preserved by hobbyists.
(Ordinance 307 adopted 5/8/18)
§ 8.05.002 Declaration of nuisance.
A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from
a public place or public right-of-way is detrimental to the safety and welfare of the public, tends to
reduce the value of private property, invites vandalism, creates a fire hazard, is 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 a public nuisance.
(Ordinance 307 adopted 5/8/18)
§ 8.05.003 Offense.
(a) A person commits an offense if the person allows or maintains a junked vehicle in any place,
whether on private or public property, in view of the public or on a public right-of-way.
(b) An offense under this section is punishable by a fine not to exceed two hundred dollars ($200.00).
A separate offense occurs each and every day the violation described in subsection (a) continues.
(c) The court shall order abatement and removal of the public nuisance on conviction of this offense.
(Ordinance 307 adopted 5/8/18)
§ 8.05.004 Authority to abate nuisance; procedures.
To abate and remove a junked vehicle from any place visible to the public, whether on private or public
property the following procedure is required:
(1) Notice.
(A) Any employee of a department authorized by the city council to enforce this division shall
provide notice by:
(i) Personal delivery, sending by certified mail with a five (5) day return requested, or
delivery by the United States Postal Service with signature confirmation service to:
a. The last known registered owner of the nuisance;
b. Each lienholder of record of the nuisance; and
c. The owner or occupant of:
- The property on which the nuisance is located; or
- If the nuisance is located on a public right-of-way, the property adjacent to
the right-of-way.
(ii) Post written notice on the junked vehicle if the address of the last known registered
owner of the junked vehicle is unknown.
(B) The notice must state the nature of the nuisance, and that:
(i) The junked vehicle must be abated and removed not later than the 10th day after the
date on which the notice was personally delivered or mailed; and
(ii) Any request for a hearing must be made in writing and received by the department
before that ten (10) day period expires.
(C) If any notice is returned undelivered, action to abate the nuisance shall continue to a date
not earlier than the 11th day after the date of the return.
(2) Hearing.
(A) A designee of the city council shall conduct hearings under the procedures adopted under
this section. This hearing officer does not have to adhere to strict rules of evidence, and can
adopt informal procedures for the hearing.
(B) Any request for a public hearing by a person who receives notice must be made not later
than the date by which the nuisance must be abated and removed.
(C) If a hearing is requested by a person for whom notice is required, the hearing shall be held
not earlier than the 11th day after the date of the service of notice.
(D) At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by the
owner, to be inoperable.
(3) Abatement and removal of nuisance.
(A) Request for abatement and removal of junked vehicle.
(i) After receiving written notice from the city regarding the public nuisance created by a
junked vehicle:
a. The owner of the junked vehicle may request and authorize the city to remove
the junked vehicle; or
b. The owner or occupant of the private property upon which the junked vehicle is
located may request and authorize the city to remove the junked vehicle if the
city cannot locate the vehicle’s owner.
(ii) Before the city removes a junked vehicle, the person requesting removal under this
section must execute an authorization and indemnification agreement, thereby
allowing the city to enter the private property and holding the city harmless from any
claim of injury or damage sustained as a result of the removal and disposal of the
junked vehicle in accordance with this section.
(B) Abatement and removal of junked vehicle.
(i) 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 description, vehicle
identification number, and license plate number.
(ii) The municipal court may issue orders necessary to enforce the procedures and removal
of the public nuisance.
(Ordinance 307 adopted 5/8/18)
§ 8.05.005 Administration of procedures; authority to enforce.
(a) Regularly salaried, full-time city employees shall administer the procedures outlined in section
8.05.004 for abatement and removal of a junked vehicle, except that any authorized person may
remove the nuisance.
(b) Any employee of a department authorized by the city council to enforce this division may enter
private property to examine the public nuisance, to obtain information to identify the nuisance,
and to remove or direct removal of the nuisance.
(c) Any person authorized by the city council, or his designee, may enter private property to remove
the junked vehicle, or part thereof.
(Ordinance 307 adopted 5/8/18)
§ 8.05.006 Junked vehicle disposal.
(a) A junked vehicle removed under section may not be reconstructed or made operable.
(b) A junked vehicle may be removed to a scrapyard, a motor vehicle demolisher, or any other
suitable site for processing scrap or salvage.
(c) After a proceeding for abatement and removal of a public nuisance commences, removal of the
junked vehicle to another location within the city limits where said vehicle continues to constitute
a public nuisance has no effect on the proceedings already underway.
(Ordinance 307 adopted 5/8/18)
§ 8.05.007 Notice to state department of transportation.
No later than the fifth day after the date of removal of a junked vehicle, the department shall send
notice to the Texas Department of Transportation identifying the vehicle, or part thereof, removed.
On receipt of notice of removal, the Texas Department of Transportation shall immediately cancel the
certificate of title issued for the vehicle.
(Ordinance 307 adopted 5/8/18)
§ 8.05.008 Inapplicability of division.
Procedures adopted under article do not apply to a vehicle or vehicle part:
(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 or vehicle
part stored by a motor vehicle collector on the motor vehicle collector’s property, where the
vehicle or vehicle part and the outside storage area are:
(A) Maintained in an orderly manner;
(B) Not a health hazard; and
(C) Screened from ordinary public view by appropriate means, including a fence, rapidly
growing trees, or shrubbery.
(Ordinance 307 adopted 5/8/18)
§ 8.05.009 Penalty.
It shall be unlawful for any person, firm, corporation, or other business entity to violate any provision
of this article, and any person, firm, corporation, or other business entity violating or failing to comply
with any provision hereof shall be fined, upon conviction, in an amount of not more than five hundred
and no/100 dollars ($500.00), and a separate offense shall be deemed committed each day during or on
which a violation or failure occurs or continues.
(Ordinance 307 adopted 5/8/18)
LOWRY CROSSING CODE
PERSONNEL