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ORDINANCE NO. 182 . r- , ORDINANCE NO. I 8 Z AN ORDINANCE REGULATING THE OPERATION OF PLACES USED OR MAINTAINED AS JUNK YARDS OR DUMPING GROUNDS, OR FOR THE WRECKING OR qISSEMBLING OF AUTOMOBILES, TRUCKS, TRACTORS, OR MACHINERY OF ANY KI~, OR OF ANY OF THE PARTS THEREOF, OR FOR THE ACCUMULATION OF RUBBISH OF ANY DESCRIP- TION; PROVIDING FOR A LICENSE; AND PRESCRIBING A PENALTY FOR THE VIO- LATION OF THE TERMS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Hereafter any place used or maintained by any person, partnership, or corporation as a motor :vehicle junkyard or business, or for the. wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for. the storing or leaving of worn out, wrecked, or abandoned automobiles, trucks, tractors, or maChinery of any kind, or of any of the parts thereof, or for the maintenance or operation of such place for the accumulation of rubbish of any descrip- tion, is hereby declared to be a public and common nuisance, being ob- noxious and offensive to the inhabitants of the City of Schertz, and is prOhibited within the city limits of said city. Section 2. A motor vehicle junk yard or business is hereby de- fined as any business and any place of storage or deposit which dis- plays or in or upon which there are displayed, two or more unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or second hand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or materials shall be equal in bulk to two (2) or more motor vehicles. Section 3. It shall be unlawful for any person to maintain or operate, within the limits of the City of Schertz, Texas any motor ve- hicle junk yard or business unless such perso~ firm or corporation operating such yard or business shall first obtain a license as herein provided for. Section 4. Any person, partnership, or corporation desiring to use or maintain any property within the City of Schertz, Texas, for any of the purposes mentioned in Section 2, hereof, shall make written ap- plication to the City ~ouncil of said City for a license which said application shall set forth the name and address of the applicant and a legal description of the property or premises upon which said business is to be conducted, and the said City Council shall have the power either to grant or reject sueh applicaticm. If the applieation is granted, a license to operate such business shall be issued by said CityCoun<!:il, upon the payment of a fee of $25.00 per annum. Any license so issued shall expire on January.l next succeeding the date of its issuance, but may be renewed from year to year in like manner as is provided for the original license. Section 5. The City Council of said City shall make or cause to be made such investigation as it may consider necessary to ascertain whether or not su€h motor vehicle junk yard or business will constitute a public or common nuisance and inimical or detrimental to the health, safety and welfare of the citizens of said city. The said City Council shall hold such hearing as it may deem to be desirable in connection with any such application for such certificate. In connection with such investigation of any such applicant the said City Council shall take into consideration the safety, health, decen<!:y, comfort, conveni- ence, necessity and welfare of the inhabitants of the City of Schertz, Texas, and the fitness of the applicant to operate such business and in considering such application said Council shall take into account . I . . .' . . . .' " the nature and development of surrounding property, the proximity of churches, schools, hospitals, public bui.ldings and other places of public gathering, the health, safety and general welfare of the public and the suitability of the applicant to establish and maintain or ope- rate such a yard or business and receive a license therefor. Section 6. Unless the said City Council shall find that the said motor vehicle junk yard or business will constitute a public or common nuisance inimical or detrimental to the health, safety and general welfare of the inhabitants of said City, the said Council shall issue such certificate or license, and in the event the said Council finds that said motor vehicle junk yard or business will constitute a public or common nuisance as aforesaid then and in that event no such certif- icate or license shall be issued. Section 7. Any person, firm or corporation granted a license as provided for in Section 4 hereof, shall keep the premises used in the operation and maintenance of said business in a neat and orderly con- dition. The property and premises on which said business is conducted shall be enclosed by a tight board or metal fence at least 10 feet high or other roofed and enclosed board or metal structure, which said fence or structure shall be so constructed so no dust or other material may pass through same, and said fence or other structure shall be kept in a neatly painted condition, and no junk of any character, or parts, or machinery of any kind shall be allowed to remain outside such fence; provided, however, that any existing business of this character now being operated and maintained in the City of Schertz shall be allowed six months within which to construct a fence or other structure of the kind and character required hereby. Section 8. The City Council of the City of Schertz shall have the power to revoke the license provided for herein at any time for good cause, but only after notice has been given to the owner or owners of the business of a hearing to be held not less than ten days after the service of such notice'. Section 9. No motor vehicle or vehicle of any type shall be parked or stored for purposes of display or sale on any street, road, highway, alley or highway right of way at any time day or night in the city limits of Schertz, Texas. Section 10. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Schertz, Texas, af- fecting traffic on its streets and shall not operate to repeal or affect any such ordinance or ordinances except in so far as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those pro- visions shall be and they are hereby repealed. Section II. Should any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the valid- ity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any part which may be unconstitutional at the time of the passage of this ordinance. Section 12. Any person violating any of the terms and conditions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined in an amount not to exceed $200.00. Each day during which any violation of this ordinance occurs shall constitute a separate offense. PASSED, APPROVED, AND ADOPTED, this the I~day of August, 1968. ATTEST: !!..1t, Q / 'J A2 fJ City Secretary (~~, rjI~n~ Mayo