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I KERR COUNTY COMMlSSIONEaS COURT WITNESS AFFIRMATION FORM ~-, NAME: ADDRESS: DATE: AGENDA ITEM: _ COMMENTS: ~ .~"= ~ , <~ ~ ~. '"` ' ~... PLEASE CHECK THE FOLLOWING: FOR ITEM: t DON'T WISH TO SPEAK AGAINST ITEM: _ BUT PLEASE RECORD MY POSITION ~, `_t .___ ~ _.r COMM i SS I ONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED .BY THE COURT MADE BY: L15.e_ l~. l~"Q.c..Q OFFICE: ~ ~'~-~'~ ~e• MEETING DATE: ~?~, ~g~~ TIME PREFERRED: _ SUBJECT: (PLEASE BE SPECIFIC) ~ 0~ ~~-- EXECUTIVE SESSION REQUESTED: YES =_ NO '~ PLEASE STATE REASON FOR EXECUTIVE SESSION • ESTIMATED LENGTH OF PRESENTATION: 5 PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: - --'1-~~~ Time for submitting this request for Court to assure that the matter is posted 1n accordance with Article 6252-17 1s as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEi VED ON : - r~ All Agenda Requests will be screened by the County Judge's Otflce to determine it adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. i1iE'1i0 TO: C0:1'Il12ISSIONERS COURT FROi~i: Dad"ID LITRE SL"BJECT: Consideration of adopting an order to regulate certain outdoor businesses. On ?~~Iav 24, 1994 a draft order was presented to Commissioners Court for the courts consideration and review. Since then support has been received br~- the Chamber of Conunerce for adoption of a regulation. (attachment) Does the court wish to adopt a regulation'? If so. the follow-in~ needs to be considered also: 1) The wording needs to be reviewed bv_ the court so that the requirements are a 'tit' for ILerr Count<~. ?) The requirements need to be reviewed so thev are not in conflict with each other and understandable. 3) The propsed order should be reviewed by the Coun<• .-~ttorneti- for legal purposes. -1) .~ time period needs to be set b~~ the court for implementation of the order after the effective date. 7) The court will need to designate a department agency or person to administer. implement and enforce the order. 6) The court will need to consider it the order can be implemented with adequate resources, budget. facilities. equipment, manpower and time. 7) ~Z'hether or not the existing countr}~ junk ~-ard order should be left in place or repealed. -attachment: 1) Chamber letter ~) Draft of order 3) ProS~cons sheet -1) Junkyard order KERRVILLE ;; '~ T•E•X•A•S July 12, 1994 Bill Stacy, County Judge Kerr County Commissioners Court Kerr County Courthouse l:err•~i11c, Teras 78029 Dear Judge Stacy and Commissioners: Maintaining a well kept and attractive country side is very important to our area's image as a visitor destination. Beautification and cleanliness both are high priorities of each of us as citizens; ~•re all want our best foot forward. The Beautification Committee of the Chamber has studied the enclosed RESOLUTION TO SUPPORT COUNTY REGULATIONS OF CERTAIN OUTDOOR BUSINESSES and recommended that the Chamber Board of Directors encourage your adoption of this measure. The Board did vote unanimously to recommend your consideration and adoption of this Resolution. Your leadership efforts in the County are appreciated even though we don't take time to say thank you often enough. Keep up the good work! Sincerely, William R. Goertz President ~/ ~ y, ~ toL ~i ~ ~ -~ ~ ~l~ Kerrville Area Chamber of Commerce 1700 Sidney Baker • 1{errville, Texas T8028 210 (896-1155 ~// ~. ~w~y.H. As Nu a .... 4 r l'4 ! r ~~ Liu i. i. ~. tr. ~iL'TDOOR ciL-Si'\ESS ORDER StiHEREr~S, Chapter 2~8 has been added to the ~,ocal ~To~-eriiment Code allowing the regulation of certain outdoor busiriesses', anti t~HERE~S, the Commissioners Court of i~err County-. le::as feels that it is in the best interest of tl~e citizens af• l~err• Court ~- to adopt a.ri arder in accordance with said Chapter X35; • IT IS THEREFORE ORDERED that the Derr C'auntti- Outdoax• Business Code is enacted arici adouted as follows: Sectiaii 1. Defit~it.ion ~s used in this order: 1) "=~utantati~-e wreckiri~ ar~d sal~a~e ~-ard" me~~ns a Cosiness that stores trir•ee or more t:reclted ~-eliicles outdaors for the purpose of dismantlir~~ or atherwise wr•eckin~ the ~-~lii~i~-s tr, remo~-e parts for sale ar for use in are automatise repair ~,r rebuiidin~ business. ~) "Demalition business" meads a business that demolishes structures, includir,~ houses and other buiidiris, ~i; arciex• to salvage bui lditi~ materials ar~d t.liat stores tiiase materials before disposing of then,. ~) "idea market" means an'outduor marl~et for seili~:; secondhand ax~ticies or antiques. -1) "Julikti-ax•d" meazis a business that stores, L,~i. s, ox sells materials that lia~,e been discarded or sold at a nonii?,ai price b a pr•ei-ious owner and that beeps ail or part of file materials oi;tdoor•s until disposing of them. ~~) "Outdoor resale business" m?aiis a business tiia% sells used mercliar~dise, other than automobiles, lo7gin~ equipment, or other agricultural equipment, and stores or dispia~-s the merchandise outdoors. 6) "Recvclir~g business" means a business that iS primarily engaged in: ta] COlli"ex't.ill~ ferrous or non ferrous metals or other materials into r•ati- material ~:,raducts liavin_ prepared grades anti liaviri~ an existing or pa:elitiul economic value; (b) using raw material products of that kitiu iii the production of new products; ur i c) obtaining or staring ferrous or iioiif•erx•otis metals or other materials for a purpose described b~- paragraph (a) or ;b). i) "Person" means an i~idi~ xdual, corporation, or associatiar~. o) "Sal id" as used in reference to a fence, wail, door, or date, means constructed aid maintained sa that tl,e c~titer surface is COrxtlIltrOLiS and without interstices, daps, spaces, or hales. Far the puri}ose of t'hsrs order, a praperlL constructeu a.nd maintained chain link fence c.itli strips or is a solid fence . '~~q,~a{"5 9) "Public road" means file entire width between property lines of a road, street, way, tliorouglifare, l;rid~e, public beach, or park in this state, riot prit-atelti~ owned cx• controlled, if ant- part of the road, street, watt, tliorot{glifare, +r r: { ~° y °~ js~ ~ ~"~ ~ ~~: brici~e, pc~blic• beach, or park is opened to the public for ~-ehicular traffic, is used as a public recreational area, or is under the si.ate s legislative jurisdiction through its police power. 10) "tr'recked vehicle" means a discarded, abaridoiied, juri~~ed, wrecked, or worn-out auton,oti~e vehicle, iucludir,g an automobile, truck, tractor-trailer, or• bus, that is riot in a condition to be lawfully operated oil a public road. Section 2. Visual aesthetic Standards The following standards are established for ~-isual aesthetics: Section 2.1 Screening Requirement: ia) ~, person who operates ari outdoor business shall screen it by natural objects, plantings, fences, or other appropriate means so that the screen, is at least eight feet in heigrit alongside that portion of the outdoor business that faces a public road or ~_ family residence so that it. is not visible~w. ~P'"'~'~'" fU/ ie.c,e,~i~u, ib) Any side of the business that e~terids generally parallel to acid within IOU feet of any public road right-of-wav shall l,e bouricied b~- a solid fence or wall at least eight feet in Iiei~iit. Section x.1.1 Construction, i`iainteriance of fence or• wall {a) A fence or wall required by this order shall be constructed and maintained as follows: 1. x.11 fences sl~,all be constructed of wood, masonrz=, corrugated sheet metal, chain link, or arit- combination, but any one side of an outdoor business matt be bounded by a fence or wail constructed of Drily one of those materials. • 2. Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through rill links of the chain link fence. 3. All fences or walls shall extend down ward to within three inches of the ground and shall test plumb and square at all time. T1'ie fence must be painted a natural earthtone color and may not have any- suns appear on its surface other than si~nage indicating the business name. {b) Any part of a fence or wall required bti- this order may= consist in whole or in part of a solid wall and door, or walls arrd doors of only completer- enclosed building on the premises, if that wall or door meets all construction requirements set forth in this order. {c•) Openings in par.b or fence or wall or screening that are necessarz- to permit reasonable access to an outdoor business shall be equipped with a solid gate or 7ates, constructed and maintained ir, accordance with the requirements f•or a fence or wall set forth in this order. The gates shall be c•loszcl arrd securer- locked at all times except during normal daytime business Hours. ,,: ,~ .. . Sectorr ..2 Lo~~atiori -; ~l E (a) -~n ou~door business established after the effective date of this order ~~- riot be established within 30i) feet of an elisting church, school, ~r residence, measured from the wall of the structure that is closest to the outdoor business t~ the fence or i.-air of the yard required under Section 2.1 unless boor the residence and the outdoor business are owned b the same person. t b) Outdoor business scx•eenirrg other that a jur~kz-urd or automotive wrecking and salvage yard used _ elcltrsively for farm eciuipment, may rrot be io~ated within ~0 feet of the right-of-wa~° of a public or state highway or a residence. Section 2.3 ?~iat.erials and use of premise (a) Materials associated with arr outdoor business may llot be allowed to accumulate or be stacl~ed ;,o a li~igli~ above eight feet from ground level. (b) all materials from or associated with an outdoor business shall riot be displayed, stored or• worked upon outside or above the sc•.reening requir•emerits of 'this order. Section 3. Exceptions ia) Herr County may not regulate under this order farm machinery owned or operated by the person on whose property the machinery is located grid kept on ;.liat property for purposes other than sale. (b) an outdoor business subject to a screening re- quirement article 23i2dd, Vernon's Teas Civil Statues (County population ~ million or more,) article =~3~2dd- 1, V.T.C. S. (County population less than ~` million,) article ~-li"r ~a,V.T.C.S. (a junkyard or automobile graveyard near an interstate or primary system riighway), that was in compliance with that. screening requirement on august 26, 1991, is e?~empt from a screening reyuiremerit adopted under this order. Section ~. Civil penalty la} The count;- attorney or any appropriate attorney representing the county in civil cases may file a civil action to recover a civil penalty from ~1 out- door business that. violates a visual aesthetic Standard established under this order. T)ie penalty may Trot ez.c•eed ~~0 each da~~ for the first 10 da~sof violation, X100 each day- for t1~e newt i0 days, ~2~0 each clay for the newt. lit dad-s, and X1,000 for each day thereafter. In detPrmir~ing file amount of t.lie penalty , the court shall consider the seriousness of the violation. (b} ~ penalty recovered under this section shah be deposited in the general fund of the county-. Section 5. authority to regulate ... - ~I (a} This order applies to outdoor bushiesses both elisting and future in the unincorporated area of kerr County , Tez.as . (b } ~, time period of ~ ~ months from ti,e adoption of this order is provided to an outdoor business operating on the effective date of this order to comply with the ~-isual aesthetic standards. (c} The effective date and adoption date are the same. DG3GIff~ .~BULISH E;iISTI`G Jliwli-I'yRD i~RDER PRGS 1) woici overlap of regulations. %) Remove permitting and licensing paper worl~. 3) allow outdoor business order to establish aesthetic and screening requirements which mad- be Vetter. ~) Enforcement handled through Justice of the Peace quicl~er titan civil action. CO\S 7 . 1) most revenue from permit fee. 21 i.ess control over the location. 3) '•;o public Bearing to iriform the ptiL- 1i~ of the proposed juri%-~-ard and its location. -1 ; Enfur cement requires loiigar legal time fur• c i ~ it act iUn tlircugh atturne~-s for o~.rt~loor business order. S - \v provision fur compliznce of e~istirig junk.- ~xrd. COUNTY OF KERR ORDINANCE NUMBER 18053 AN ORDINANCE RELATING TO THE SCREENING AND REGULATION OF JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS On the 15th day of August, 1988, on motion made by COMMISSIONER LICH and seconded by COMMISSIONER 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. 177 has been adopted as law by the State of Texas, said statute giving to counties the power of adopt ordinances regarding the screening and regulation of junkyards and automotive wrecking and salvage yards; and WHEREAS, the Commissioners Court of Kerr County, Texas feels that it is in the best interest of the citizens of Kerr County to adopt an ordinance in accordance with said statutes. NOW, THEREFORE, KERR COUNTY, TEXAS, HEREBY ADOPTS THE FOLLOH'ING ORDINANCE: 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.6. No. 177, above referred to. 2. Person -- any individual, association, firm or cooperation. SECTION II 1. The screening requirement established by Section 3 of this ordinance does not apply to: A. An automotive wrecking and salvage yard as defined by, and that is subject to, Chapter 886, Acts of the 68th Legislature, Regular Session, 1983 (Article 237dd, Vernon's Texas Civil Statutes): B. A junkyard or automobile graveyard as defined by the Texas Litter Abatement Act (Article4477-9a, Vernon's Texas Civil Statutes) and that is subject to Section 4.08 of tt;at 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, 1987. 2. The licensing provisions of Section 4 of this ordinance do not apply to: A. A recycling business; B. 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; C. A junkyard or automotive wrecking and salvage yard that began operation before June 1, 1937. 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 that faces a public road or family residence. 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 as 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 Commissioners Court if the operator of the junkyard or automotive wrecking and salvage yard: A. Does not erect the required screening within sixty (60) days after issuance of 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. SECTION IX 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 provision hereof. SIGNED on the 15th day of August, 1988. /s/ Danny R. Edwards /t/ Danny Edwards County Judye, Kerr County APPROVED AS TO FORM: (s/ Garv E. Kersev /t/ Gary E. Kersey Kerr County Attorney Item No..2.12 Consideration of proposed order to regulate certain outdoor businesses. August 23, 1994 Vol T, Page 535