1987H25- REGULATING THE ENCLOSURE OF A JUNK OF SALVAGE YARD
ORDINANCE NO.
~'7- rl- J:F
l,N ORDI]';ANCE
BY CITY COUNCIL OE THE CITY OF SCHERTZ, TEXAS,
REGCLATING THE ENCLOSURE OE A JUNK OR SALVAGE
YARD, PROVIDING DEFINITIONS, PROHIBITIONS,
PENALTIES, _'" REPEALING CLAUSE ."'ND A SAVINGS
CLAUSE.
WHEREAS, the City Council of the City of Schertz, Texas
has determined that damaged, worn out, scrapped or discarded
materials or objects, such as, but not limited to, automobiles,
building materials, machinery, metal, or papers may not be stored
ln a dangerous, unsanitary, or unsightly manner within the City;
and
WHEREAS, the places in which damaged, worn out,
scrapped or discarded materials or objects may be stored tend to
become overgrown with weeds, littered and infested with rats,
IDlce, reptiles and other vermine; and
WHEREAS, such conditions tend
health )13zards or cause diminution 1n
properties in the area; and
to create
the value
safety and
of other
WHEREAS, the health, safety and welfare of all citizens
of Schertz, Texas 15 a concern; new therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I
DEFINITIONS
A. Salvaqe Yard or Junk Yard - a business establishment dealing
in both new or used materials, buying and selling damaged, worn
out or scrapped materials such as, but not limited to,
automobiles, machinery, appliances, metals or papers.
B. Dealer - a person, firm or corporation who owns or operates a
junk or salvage yard.
C. Junk - any damaged, worn out or scrapped materials such as,
but not limited to, automobiles, building materials, machinery,
metal, parts, or appliances.
SECTION II
Fencing of junk or salvage yards. The following shall apply to
all junk or salvage yards already in existence and any future
yards that may exist within the City limits of Schertz, Texas:
A. Such junk or salvage yards may be operated within the City
limits only if location is zoned for business and the
premises is entirely enclosed by a fence or a wall.
B. Fences or walls shall be no less than eight (8') feet and
not higher than ten (10') feet.
C. Fences or walls shall be constructed of, but not limited
to, wood, brick or metal. The wall or fence shall be of
substantial construction and shall be opaque.
D. All fences or walls shall be constructed and maintained in
a neat and safe condition.
E.
All
and
for
gates for access to
shall be kept closed
business.
the premises shall swing inward
when the premises are not open
SECTION III
No scrap, junk or salvage of any kind shall be allowed to remain
outside or extend over, above, or through such fence.
SECTION IV
Compliance. Any dealer of a junk or salvage yard within the City
on the effective date of this Ordinance shall have a period of
one hundred eighty (180) days after such effective date to comply
with provisions of this Ordinance. Owners or dealers of junk or
salvage yards which are annexed into the City shall have one
hundred eighty (180) days from the effective date of such
annexation to bring their yards into compliance with this
Ordinance.
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SECTIO:\ V
Penalties. That any violation, by any person, dealer, firm,
corporation, partnership or any agent of any part of this
Ordinance 18 declared to be unlawful and a misdemeanor, and any
violation therocf shall bO" punished by a fine of not 12ss than
forty ($40.00) dollars or ~ore than two hundred ($200.00)
dollars. Any pcrs::]n in violat.ion of this Ordinance, and having
paid a fine assessed for such violation, shall not be relieved of
compliance with this Ordinance. Each day a violation exists
under this Ordinance shall constitute a separate offense.
SECTION \'I
\vhen it has been determined by the Schertz Planning and Zoning
Commission that compliance with any section of this Ordinance
would create an undue hardship, a time extension or a variance
may be reco~mended to City Council.
SECTION VII
Repeal of Conf I ict ins Ordinances or Orders. All orders,
ordinances '.d parts of ordinances In conflict with this
Ordinance, specifically Ordinance No. 182, or inconsistent with
the prOVlSlons of this Ordinance are hereby repealed to the
extent necessary to give this Ordinance full force and effect.
SECTIO:\ VT:l
Severability of Parts of Ordinance. It is hereby declared to be
the intention of the City Council that sections, paragraphs,
sentences, clauses and phrases of this Ordinance are severable
and; if a :'~y phrase I C la.use, sentence, paragraph .......1.- sect ion of
this Ordinance shedl be declared unconstitutional by the valid
judgment Ol:' decree of any cou.rt of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this
Ordinance, Slnce the same would have been enacted by the City
Council without the incorporatioTl in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
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PASSED, APPROVED A'JD ADOPTED this the:tEL day of f3r.~~
19 CiZ-.
ATTEST:
Secretary, City of Schertz, Texas
(SEAL OF CITY)
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I
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NEWSPAPERS
A DMSION OF "';Sutherland
PUBLISHER'S AFFIDA~IT
(COUNTY OF BEXAR)
(STATE OF TEXAS)
I, Paul Dav~s, authorized representative of the SUN NEWSPAPERS,
do solemnly swear that the notice, a printed copy of which 'is
hereto attached, was published once a week for 1 consecutive
week (s) in;'the HERALD SUN published at Universal City, Bexar County,
Texas on the following date (s), to wit: October 29
A.D., 1987.
Subscribed and sworn to before me, th"s
1987.
2nd
day of November
,
R. L. Retzloff
Notary Public Printed or
Typed Name
My commission expires:
9-18-91
\ 1.-;')
512-658-7424
122 E, BYRD
UNIVERSAL CITY, TX 78148