'CTY.ORD-JUNK/MISC.B?/GEK/agp/11/1?/8?
COUNTY OF KERR
ORDINANCE N0: 18053
AN ORDINANCE RELATING TO THE SCREENING AND
REGULATIO N OF JUNKYARDS AND AUTOMOTIVE
WRECKING AND SALVAGE YARDS.
On the 15th day of Auciust 1988. , on motion bade by
COMMISSI01`IER LICFi and seconded by COrM~LZSSIC7~TER RAY the
following ordinance was duly adopted by vote of
four members of the Commissioners Court of Kerr County,
Texas.
SECTION I
WHEREAS ,• Senate Bill No. 1?? has been adopted as law by the
State oP Texas, said statute giving to counties the power to
adopt ordinances regarding the'screening and regulation of
junkyards and automotive wrecking and salvati® yards; and
WHEREAS, the Commissioners Court of Kerr County, Texas feels
that it is in the beat interest of the citizens o! Kerr County to
adopt an ordinance in accordance with said statutes.
NOW, THEREFORE, KERB COUNTY, TEXAS, HEREBY ADOPTS THE
FOLLOWING ORIINANCE: ,
SECTION I
1. The' terms "automotive wrecking and salvage yard", "Junk",
"Junkyard", "recycling business", and "wrecked vehicle" shall
have the same meanings ascribed to them in Senate Bill S . B . No .
1??, above referred to.
2. Person -- any individual, association, firm or corporation+
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SECTION II
1. The screening requirement establieh~d by Section 3 0! this
ordinance does not apply to:
A. An automotive wrecking and salvage yarc as~defined by,
and that is subject to, Chapter 886, Acts o! th• 68th
Legislature, Regular Seaelon, 1983 (Article 23T2dd, Varnon's
Texas Civil Statutes);
B. A junkyard or automobile graveyard as defined by the
Texas Litter Abatement Act {Article 4474-9a, Varnon'e Texas
Civil Statutes) and that is subject to Section 4.08 of that
Act;
C. A recycling business;
D. A junkyard or an automotive wrecking and salvage yard
that is located entirely within an incorporated city or town
and that is subject to regulation in any manner by the city
or town;
E. A junkyard or automotive wrecking and salvage yard that
began operation before June 1, 198?.
2. The licensing provisions o! Section 4 of this ordinance do
not apply to:
~A. A recycling business;
8. A junkyard or an automotive wrecking and salvage yard
that is located entirely within an incorporated city or town
and that is subject to regulation in any manner by the city
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or town;
C. A junkyard or sutomative wrecking and salvage yard that
began operation before June 1, 198?.
SECTION III
A person who operates a junkyard or an automotive wrecking
and salvage yard in this County shall screen it by natural
objects, plantings, fences, or other appropriate means so that
the screen is at least ten (10) feet in height alongside that
portion of the junkyard or automotive wrecking and salvage yard
e
that faces a public road or family residence.
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SECTION IV
A junkyard or an automotive wrecking and salvage yard
located within or partly within Kerr County but outside or partly
outside the jurisdiction of an incorporated city or town shall
obtain and maintain current a license from Kerr County, with such
licenses being known ae junkyard licenses.
1. The fee for issuance or renewal of such junkyard
licenses shall be twenty-five (25) dollars.
2. The period of validity of such junkyard licenses shall
be one (1) year.
3. Junkyard licenses shall be issued only for junkyards or
automotive wrecking and salvage yards whose locations have
been approved by Kerr County Commissioners Court.
4. A junkyard license may be suspended or revoked by
Cocamiseioners Court if the operator of the junkyard or
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CTY.ORD-JUNK/MIS~.B?JGEK/sQp/11/17/8?
r
. .. ~
automotive wrecking and salvage yard: -
A. Does not erect the required screening within sixty
(60) days attar issuance o1 the license; or
B. Does not maintain the required screening in a
sightly manner; or
C. Conducts operations or stores junk or one or more
wrecked vehicles outside the screened area.
5. Fees received by Kerr County under the above licensing
program shall be deposited in the general fund of the
county.
SECTION V
Failure to obtain or to maintain current a junkyard license
or to properly screen sites covered by junkyard licenses shall
constitute a violation of this ordinance.
• SECTION VI
Any person is entitled to appropriate injunctive relief to
prevent a violation or threatened violation of this Kerr County
ordinance.
SECTION VII
A person who knowingly or intentionally violates this
ordinance commits an offense. Such offense is a Class C
misdemeanor.
SECTION VIII
This ordinance shall take effect August 15, 1988
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~CTY.ORD-JUNK/MISC.B?/GEK/sgp/il/1?/8?.
SECTION ZX
If any section,. subdivision, clause, phrase or provision of
this ordinance shall be adjudged invalid, the same shall not
affect the validity of any other part or~proviaion hereof.
SIGNED on the 15th day of August 1988
APPROVED AS TO FORM:
GARY E. RSEY
Kerr Co my Attorney
b
County Judge, Kerr County