ORDER NO. 22197
APPROVAL OF ORDER TO REGiJLATE CERTAIN OUTDOOR
BUSINESSES IN KERB COUNTY
On this the 9th day of August 1994, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Court unanimously approved by a vote of 4-0-0, to endorse an
order to regulate certain outdoor businesses to the County
Attorney's Office for consideration and come back to the Court
in September with their recommendations.
COMMISSIOIvERS' COURT AGENDA I?EQUEST
"PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
_ DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: David Litke
OFFICE: KCHED
MEETING DATE: August 9 , 1994
SUBJECT: (PLEASE BE SPECIFIC):
outdoor busineses.
TIME PREFERRED:
Proposed order to regulate certain
EXECUTIVE SESSION REQUESTED: YES N O
PLEASE STATE REASON :
ESTIMATED LENGTH OF PRESENTATION: ~ io min.
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
Meetings held on second Tuesday: 12:00 P.M. previous Wednesday
Meetings held on Thursdays : 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: C~
All Agenda Requests will be screened by the County Judge's Office to determine if 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.
:~iE~iO
TO: C0;1L'~TISSIONERS COURT
FRO~~i: D a`' ID LITRE
SUBJECT: 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 recei~-ed by the Chamber of Commerce 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 cvording needs to be reviewed b~~ the court so that the requirements are a 'tit'
for Iserr Counn~.
?) The requirements need to be reviewed so they are not in conflict with each other
and understandable.
3) The propsed order should be reviewed by the Counh- ~ttornev for legal purposes.
41 .-~ time period needs to be set b~~ the court for implementation of the order after the
effective date.
5} The court will need to designate a department~agenc-~or person to administer.
implement and enforce the order.
6) The court will need to consider if the order can be implemented with adequate
resources, budget. facilities. equipment. manpower and time.
7j ~Z'hether or not the elisting country junk ~~ard order should be left in place or
repealed.
:attachment:	
1)	Chamber letter
~}	Draft of order
3 }	Pros. cons sheet
-1)	Junky°ard order
~KERRVILLE
T•E•X•A•S
July 12, 1994
Bill Stacy, County Judge
Herr County Commissioners Court
Kerr County Courthouse
Kerrville, Texas 7802:1
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.
Tlie 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
~t ~ ~ n r r ti 1~ ~ ~o -~ ' ~ !u l~
3{emiile Area ChamUer of Commerce
1700 Sidney Baker ~ Kerrville, Texas 78028
2101896-1155
__. ~_,
.... .~
, ~~: ~~
~?L`TDOOR iit'SI'~ESS ORDER
tvHEREaS, Chapter 238 has been added to the j,ocal Government
Code allowing the regulation of certain outdoor businesses', ar~d
t~HERE~S, the Commissioners Court of l~err• Coulit~~. Te..as feels
that it is in the best interest of the citizelis of l~rr•r ~ourit~- to
adopt aIi order in accordance with said Chapter 238;
IT IS THEREFORE ORDERED that the Kerr Count- Gutdoox•
Business Code is enacted and adopted as follows:
Scctiori 1. Definition
~s used in this order:
1) "~trtomotive wrecking grid salvage ~-ard" means a
business that stores triree or more wrecked vehicles outdoors for
the purpose of dismantling or otherwise wrecking the ~eliicles to
remove parts for sale or for use in an automotit-e repair ur
r~eLuilding business.
2) "Demolition business" means a bilsiliess that
demolishes structures, including,liouses and other buildings. 2ri
order to salvage building materials al,d t.liat stures those
materials before disposing of them.
3) "Flea market" mealis an 'outdoor market for seiiiYi7
secondhand articles or antiques.
-~) "Juril.ti-ard" means a business that stores, b~.r~-s, or
sells materials that have been discarded or sold at a nominal
price by a previous owlier and that keeps ail or part of tl~e
materials outdoors until disposilg of them.
~) ''Outdoor resale business" means a business that
sells used merchandise, other than automobiles, logging
equipment, or other agricultural equipment, and stures or•
displays the merchandise outdoors.
6) "Recti-cling business" means a business that is
primarily engaged in:
(a) converting ferrous or I1GI1 ferrous metals or
other materials into raH- material products Having
prepared grades and Having ari etistirig or poteritir~l
economic value;
(b) using raw material products of that kind in
the production of new products; ~r
(c) obtaining or storing ferrous or Iiorif•errous
metals or other materials for a purpose described b~-
paragraph ta) or (b).
r) "Person" means an iriditi-ideal, corporatioli, or
association.
~3) "Solid" as used iii reference to a fence, wall,
door, or• gate, means coristruct.ed acid maintained so that tl~e ~uter•
surface is continuous and without interstices, gaps, spaces, or
holes. For the port-pose of th~sorder, a properly constructed and
maintained chain link fence with strips or slates is a solid
fence.
9) "Public road" means the entire width between
propertti lines of a road, street, wad-, thoroughfare, L,ridge,
public beach, or park ire this state, not priti-atelt- owlied cr
controlled, if and part of the road, street, wad-, thoroughfare,
.~ .~ . i
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f ,~.
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E~.Q :.`. ~. d
brici~e, public beach, or park is opened to tl~e public ~~ur
~-ehicular traffic, is used as a puL-lic recreational area, or is
under tl,e state's legislatitie jurisdiction tlix•ougl~ its poli~~e
Z,ower . ,
10) 'wrecked vehicle' means a discar•cied, aCaridot~ed,
jurii;ed, wrecked, or worm-out auton,oti~e vehicle, incluclii,_: ai,
a.u.omoCile, truck, tractor-trailer, ox• Ci.is, that is i~ot iii n
condition to be lawfullz- opex•ated on a public road.
Section 2. ti'isual ~estlietic Standards
The fallowing standards are estaClished for visual aesti~etic•s:
Section 2.1 Screening Requirement:
(a) ~ person wlio operates an outdoor business
shall screen it b;~- natural objects, plantings, fancCs,
or other appropriate means so that the screen is a~
least eight feet ir, height alongside that por~ion of
tl--e outdoor Cosiness that faces a puClie roan or ~_-
faniii~- residence so that it is not risible.
( L,) anti side of tiie business that e~terids
generally- par•aliel to acid within lUU feet of an~-
pirblic road right-of-wad- shall L,e bounded C~- a
solid fence or wall at least eight feet in height.
Sec•tiori x'.1.1 Construction, :Maintenance of fence or• wall
(a) ~ fence or• wall required b~~ this order
shall Ce constr•uc:ted grid maintained as follows:
1. X11 fences shall be canstructed of tiaou,
masorirz~, corrugated sheet metal, chain link, or ar,
combination, Cut and- one side of an outdoor lousiness
matt be bounded b~- a fence or wall constructed of aiilz-
one of those materials.
~. Cl~airi link fences shall be coristrt:cted
of galvanized chain link fencing with wood or metal
siat.s or strips run through all links of the ci,airi lii,h
fence.
3. X11 fences or walls shall extend down
ward to within three inches of the ground and shall
test plumb and square at ail time. The fence must
be painted a natural earthtone color and mad- not iia~-e
at~y- suns appear on its surface other than signa~e
indicating' the business r-ame .
fC) any part. of a fence or wall required bt- this
order ma~~ consist in whole or in part of a solid wall
and door, or walls and doors of any- compietelt- ei,ciosed
building on the premises, if that wall or doar meets
all construction requirements set forth iri this oxdex•.
(c) Openings irx par . b oi.• fence or wall or
screening that are necessarz- to permit reasonaCl
access to an outdoor Cusinrss shall be equipped tii:,l, a
solid gate or dates, cor~struct.ed anci maintained Sri
accordance with the requirements for a fence ox ~.ali
set. forth it, this order. Tl~e gates shall be ~~1as~c1 ai,ci
securer 1ocl;ed at. all times except during normal
daS-tinie business hours.
;; r•
Sect ion ~' . 2 Lo~•ation
(a } Ati ou door business established of ter• the
effective date of this order ~~ riot be established
within 300 feet of an elisting cliurcli, sc)ioai, or
residence, measured from the wall of the structure that
is closest to the outdoor business to the fence or .ail
of the yard required under Section 2.1 u?iless both the
residence and the outdoor business are owned b~ the
same person.
(b } Outdoor business screening other- that. a .junk;: aru
or automotive wrecking and salvage ~-ard used
exclusively for farm equipment, may not be located
within 50 feet of the right-of-way of a public or
state highway or a residence.
Section 2.3 !Materials and use of premise
(a) :Materials associated with an outdaar• k,us~ziess may
not be allowed to accumulate or be stacked t.o a liei~lit
above eight feet from ground level.
(b) All materials from or associated with an outdoor
business shall not be display-ed, stored ar• worked upon
outside or above the screening requirements of• this
order.
Section 3. Exceptions
(a} Herr County may not regulate antler this order farm
machinery owned or operated by the person on whose
property the machinery is located and kept on that
property for purposes other than sale.
(b) An outdoor business surJject to a screening re-
quirement Article 23 i 2dd, ~-ernon's Tez,as Cis-il Statues
(County population 2 million or more,) Article 23r2dd-
1, V.T.C. S. (County population less than ~ million,)
Article ~~7i~a,V.T.C.S.ra bjunkyard or automobile
graveyard near an interstate or primary sy°stem
riighway}, that was in compliance with that screening
requirement on August 26, 1991, is e?~empt from a
screening requirement adopted under this order.
Section ~. Civil penalty
(a) T`lie county attorney or any- appropriate attorney
representing the county in civil cases may file a
civil action to recover a cavil penalty from a aut-
door business that ~-iolates a visual aesthztic standard
established under this order. T)ie penalty may riot
e~:ceed ~~0 each day for t.'ie first 10 da~s-af violation,
X100 each day for the neht 10 days, ~2~0 each day for•
the newt. 10 days, and ~i,000 for each day thereafter.
In determining tl~e amount of the penalty, the court
shall consider the seriousness of tl,e violation.
{b} A penalty recovered ursder this section shall
be deposited in the general fund of the county-.
Section 5. Authority to regulate
~'

.:• ~ ,
~L.'] i~~
(a.) This order applies to outdoor businesses botl;
elistin~ and future ili the unincorporated area of
Herr Count; Tes,as .
(b) :~ time period of ~ ~G months from the
adoption of this order is prop-ided to an outdoor
business operatiri~ on the effective date of this
order to comply- with the ~-isual aesthetic stcinadrd5.
(c) Trie effective date and adoption date are the
same.
~ ; ,~. per +'~ ~~ ~/~s ~1~./l 6x
~,ry~i sSipy/,l7T ~,~.^~ h tI
.,
DGiG1~4
ABOLISH
E~ISTI;~G JL"~~i-I".~RD ORDER
PROS
I) ~ti-oid overlap of reulations.
2) Remove permitting and licensin7 paper work.
3) :allow outdoor business order to establish aesthetic and
screening requirements which mad be better.
-~) Enforcement handled through Justice of the Peace quicker
than civil action.
COBS
I)	Lost reti-enue	from	permit fee.	
2)	Less control	over	the location.	
.s)	~o public bea	ring	to inform the public	of the proposed
	junk-tiard and	its	location.	
-I)	Enforcement r	equi	res longer legal time	for civil action
	through attor	ne~~s	for outdoor business	order.
5 )	'vo prop-ision	for	compliance of existing	junk-ti-a rd.
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 fallowing 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 FOLLOWICiG
ORDINANCE:
SECTION I
i. The terms "automotive wrecking and salvage yard", "junE:",
"junkyard". "recycling business:."and "wrecEced vehicle" shall have
the same meanings ascribed to them in Senate Bill S.B. 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 2371 d, Vernon's Texas Civil
Statutes): '~
B. A junkyard or automobile graveyard as defined by the Texas
litter Abatement Act (Artic1e4477-9a, Vernon's Texas Civil
Statutes) and that is subject to Section 4.08 of tf: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, 1987.
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 tcwn 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 Judge, Kerr County
APPROVED AS TO FORM:
/s/ Garv E. Kersey
/t/ Gary E. Kersey
Kerr County Attorney