ORD 2000-07 - Junk & Junkyards 03-21-2000ORDINANCE NO. 2000-07
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY BY ADDING A NEW PART 21.02 "JUNK AND
JUNKYARDS" THAT PROVIDES FOR DEFINITIONS AND THE SCREENING OF
JUNKYARDS; PROVIDING A GRANDFATHER CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Beautification Committee has been exploring opportunities and
means for making the City of Huntsville a more beautiful and clean city to work and live; and
WHEREAS, the Committee recommends that the City adopt an ordinance requiring the
screening of business establishments that deal with junk and store junk outside; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: That Chapter 21 "Offenses and Miscellaneous Provisions" of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by adding a new Part 21.02 "Junk
and Junkyards" which shall hereinafter read as follows:
Part 21.02 JUNK AND JUNKYARDS
21.02.01 Definitions.
(a) "Junk" means copper, brass, iron, steel, rope, rags, batteries, tires, scrapped wood
products or other material that has been discarded, traded-in or sold at a nominal price by the
previous owner of the material. The term includes old appliances but does not include a
wrecked vehicle.
(b) "Junkyard" means a place where a business that owns junk, and is operated to store, buy
or sell junk, keeps all or part of the junk outdoors until the business disposes of the junk. A
business that stores used appliances or parts thereof outdoors fall within this term.
21.02.02 Maintenance of premises; screening.
(a) Any person, partnership or corporation that operates ajunkyard shall keep the premises
used in the operation and maintenance of said business in a neat and orderly condition, and
shall screen the junkyard with appropriate screening to at least six (6) feet in height along the
portion or portions of the junkyard that faces a public street or road or a residential area. The
person may screen the yard by any appropriate means; including:
(1) a fence;
(2) natural objects; or
(3) plants.
If a fence is used as a method of screening, it shall be painted a natural earth tone color and
may not have any sign appear on its surface other than a sign indicating the business name.
(b) No junk shall extend above the top of the screening material or be visible from a public
street or road or residential area.
(c) Any person, partnership or corporation operating a junkyard as of the effective date of
this Ordinance shall have one (1) year from the effective date of this Ordinance to comply
with the requirements of this section. City Council may grant an extension of time for
compliance with the requirements of this section upon showing of good cause by the
applicant for the extension.
Section 2: Any person, corporation, partnership, association or other entity violating the
provisions of Section 21.02.02 shall be subject a fine or penalty not to exceed $2,000.00, and a
separate offense shall be deemed committed upon each and every day that the Section is violated.
The Council specifically finds that this Ordinance governs public health and sanitation for purposes
of § 54.001 of the Texas Local Government Code.
Section 3: If any portion of this Ordinance shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and
the City Council determines that it would have adopted this Ordinance without the invalid provision.
Section 4: This Ordinance shall take effective immediately from and after the date of its
passage.
PASSED AND APPROVED THIS 21st DAY OF MARCH, 2000.
CITY OF HUNTS ILLE, TEXAS
William B. Green, Mayor
ATT .
anna Welter, City Secretary
APPROVED AS TO FORM:
t
aul C. sham, City Attorney