Loading...
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