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