-- ~ -. ,.- ,,r:..~..., ..., i::
;~al)tJt~~ i i ~ar~ taE= ~_~u_r~~t~i3~? I3lJS 1 rat= ~;:~ i~~~~~'r
ii n t t; i ~_. i:, t°t e~ ? E~ i; h c f <st ~r c:, i= ,J +. f I ~,+ i `? `3 ~ „ +.+ p ~ ~ r; m o t i c] r; made b y
..]'t_fdrie t7e-.i;SGTi~ sE?c-onded by C~ornmit>sicrner-• t_ac_~<Ery, tt;c Co+_fr~t
+_~nanimously approved by a vote of 5-~-~, to adopt the C:J+..ftdc]f]r^
~t..fsiness Or^der with tt;ez pr^oVisiun th<-~t wo+_flci E?~:c•?mpt
a+_ttomotive wr^eckinc~ and sala~a~~e ytir^ds t]eft;r^E? ,Ti_[nE? ]., 1~~Ei-I, and
r^epeal the i+_Tnkyard ordinance.
I~:F RF2 C:QLJt~i"rY
C7LJT1~i00R Bl.JCIlVirc~S Gt]I}f~.
i..iFi~r1~A~, Ct•7apter-• ~_3Fl htas been addcti to tt;e t_ocal vover^nrnei;t
Code allowing the r-eg+.Aiation of certain o+_ftdoor b+_fsines<.esv
ai;d,
WI-IERE=A ~, the C~ornmis5lt)iiE?r^5 Corr^t of E:er^r^ Go+_fnty, -texas, feels
tt;at it is in the best inter^est of the? t:iti:_ens of Kerr, Co+_tnty
to adopt ai; ar-•der°- in accor-•dance with s>aid Chapter^ '~tiq
:[l' :[~l, l"FiEI~EFCIFZk, CiF~T~LREI7 that ttie N.err k".,f]1_iTlty t~+..ftdonr~
L-~+_lslile55 Code is E?nac•ted and G~rdopted as f'ollt>wse
~~ect i on I .
r)EF' I hI I -r I C]hf~
As +.ASed in this order^:
j.. ~'A+_ltUmCitlVe wreCklT'tt]. and SctlVaC,.Je yar^d" meai;s c~ b+_l5'lrtes5
tt;at stores thr^ee or mar^e wr^ecl~ed vehit_les ot.Atdoors for tt;e
(]+_t'r•pGSE? of dismantling or^ other^wise wrecking the <,rehicles to
r'E?mOVe? (>cir'tS i"o'r^ '.gale Or^ fUr' +.ASt? 1n an ai..l~:OmfJtlVe r'epc3lr^ (]r^
r^eb+_fildinta b+_fsii;ess.
~. "j)E?mUlitlUi; b+_lslile55" mea1;5 a t]t.tEillles~i thc~t dealollat;es
str^+_ft_~t+_fr-•es, iricl+_tdint~ hoi_tsts and other t]~_fildinos, in order- to
salvage b+_filding mcitE?r''1a15 and that stor--es those m~+ter^ials
before disposing of tt-tem.
~. "F1ea mar^kE?t" means pan o+_ftdaor- mar^4<et f'ar selling
st?condhand ari: icl es or ~3nt iU+.fes.
4. "3+_fi;kyar^d" mE?ans a b+_~siness that stores, bt_fyz>, or sells
materials that tlc~Ve beer, discarded or• sold .at ~a nominal price
t~v a pr^E?vio+.f_> owner-- anti that keE?~7s all or°• part of the
mate?•rialss ca+..itdoc]rs +.Antil di ~posinw of thkm.
~~. "l~+_itcjGa'r~ r^Cs,:ale fii..lslTlE?SS" Illec~nS ci t7+..ls.lTle5'.~ ttl.:it ?'sE?I I5 +_l~ed
mer~ctlandise, Gttler^ th;aTl a+_itamobilee>, IGggirly Eac~+_iipmerlt, t;r
other cig'r^1c~t.tlti.t'r^ciI eq+_TipmE?nts, and star~es Gr~ displays thE?
mer~chandise o+_itciGGr~s.
E+. "f~e.CVCI1T1Li b+_islile55" mE?canri cl bl_lr;l'rleciti" mecaTls a t3+_islTle55
ttlat is pr^imarily enyageci in:
a. converting ferr~G+_ts or-• nGn--fer~r~o+_is metals Gr-- Gther--
m~ater^ials lT1tG 'r^aW-material pr~ad+_icts having prepared
grades and t-+aving an exi.stinq Gr potential ec•onGmic val+_ie;
b. +_isinq raw-mater~ia1 prod+_icts of that kinci iTl the
pr--od+_ic•tic;rl c;f ilE?W pr^Gd+.icts; Gr
c. Gbtaining ar star^inq ferrG+..i<.~ or non-i=erro+_is metals ar
Gtt"~E?r mater~i.als fiGr~ a p+_irpGt>e dE:sE~•r"•ibed in paragr-•Gaph E,~a Gr-.
gib.
7. "F-~er"sUil" mE?ails ail indlVld+_ic31, CUr ~JUrcct].Un, Ur' clSSiiClc:ttlt}il.
£~. "Solid", as +_isecf in ref=er^ence to a fencEz, wa11, ciaar~, ar
gate means c•Gnstr+_reted and maiTltained sG that the G+_tter
{; +_lr^fGacE~ lei C=Ont1Tl+..i(1+_lS anCj WlthOl.lt STIteY^t~t1cB5, gapsa, asp<acets,
Gr°- hales. For~ the p+_Tr^posE3 of thic> order, a properly
constr+_ictE_d nand m::~intained chain-.1 roll fE?ncE? with str^ips Gr-•
slats is a sGlid fence.
9. "G=~+_iblic road" meads the entire widtF-+ between pr-•oper-•ty
1 ine~~ Gf a road, street, way, ttlclr~a+_ryhi=a•r~e, bridge, p+_ibl is
beach, or^ park in this state, Wert pr-•ivately awned or
controlled, if any Part of the road, street, way,
ttlor^u+_ighfar-•Ea, bridge, p~.ibl is beactl, Gr par-.}: is opened tG the
p+..ib.l is i=Gr vehit=+_ilar~ traffic, is +_ised as c3 p+_ibl ii= recr~eat ianal
ar~e, Ur-- is +_ir+der the state's legislative ,i+_rr~isdic•tiGn ttlr-o+_igh
its palic.e Mower^.
1~2~. "Wr~ecked vetlicle" rnetans a di.sc•e~r-•ded, abarldaned, .j+_inked,
wr~ecked, or a~Gr^rl--a+_-t a+_rtomGtive vehicle, int:l+_idiT•tq an
a+_itomobile, tr^+_ick, tr~actor^-tr~ailer~, or^ b+_is, that is nGt irl a
canciitian to be lawf+_tlly operated Gn a p+..iblic •r~aad.
Sect ion ~'.
V I SUC~I_ f~ESTk-{ET I C~ S•T~NDARDS
l"tle fG11Gwi.T-+_q ~>tand~ards ar^e establistled fGr^ vis>_ral aesthetics:
Section ~. 1 Screening f2eyuir~ement:
a. Fl per^son wtla operates an c;+_ttdGGr"' b+_islTless sf-+all
screen it by nat+_iral ab.}ects, plantings, f=ences, Gr other:
appr-•opr^iate means sG that the sr_r~een is at least eigtlt
feet in height :al anriside that portion ai= the a+..rtdGOr
b+_isiness ttlat facE?s a p+_iblic r-•Gad Gr^ family residence so
thaat it is not visible Pram said p+..ibl is rc,<ad ur~ i=ami ly
r-•es idence.
b. Any side of the b+_~siness tt;at extends r~eT;er^ally
parcel lE?1 tta aT;d a3ithiT; 1~5~ feet of an ;r p+_tbl is r^aad
r^ight--oi=--way shall bE? ba+_tnded by ~~ solid fence or wG,ll a~t:
least eigt;t feE?t i.n height.
aE?C:tlaTl ~:. 1. 1 Ganstr^~_~ction, IflalT;tE?T+cincE? oi= f=ence ar wall:
a. A feT;cE? or wall r^eq+_~ired by' tt;is order shall be
constr+_~cted and maintained as f=ollow:
1. All fE:ncE?s shall be t_•aiis't-r^+_tctE:d of woad, m~isor;r-y,
car^r~~_TrT~~ted sheet mE?tal, chain link, or ~~ny combination,
b+_tt any one side of aT; o+_ttdaar-• b+_tsiness may t-.,e ba+_tntied by
t. i=eni:E? or wall constr+..tcted of oT;ly ane of ttiE?se
mater^i~:tls.
;. Chair; link fences shall be cor;str+_tcted of
galvani-~ed chain linl~ fencing with wand or metal sla{:s ar-
strips r^+_tn thr-•a+_tgh all 1 int<s of the chain 1 i.nk fence.
;_;. All f=ences ar^ walls shall extents tiawnwar^d to
within three iT;chE?s of thE? gr-•o+_tnd and shall test pl+_trnb
and sq+..tare at ail times. l-he fE?Tlce m+_tst t;e painted a
r',at,_tral E?ar-•thtaT;e valor and may not t;G,ve any signs
appearing on its s+_~r^face, other than signar~e ir;dicatinq
the b+_tsir;ess name, which sigr, shall not exceed 4' x 8° in
sire.
Section ~. ~: Lacat i on
a. An o+_ttdaar-• b+_tsiness establisl-red after-• the t?ffective
date of this order may not be establishE?d within 3~V~ feet of an
er:isting ch+_trch, school ar^ r^esideT;c•e, rneas+.tr^ed fr-•om the wall
of the str+..tctt.trE? that is closest to the a+_ttdoor b+_tsint?ss to
tt;e fence ar wall of the yard req+_tired +_tnder^ Section ~:. 1
+_tn.less both the residence and the a+..~tdoar b+_tsiness ar^e awned
by the same per^son.
b. O+_ttdoor-• b+_~siness scr•eenir~g aater-• than a ;i+_tnkyar•d or-•
a+_~tr_~mative wr^ecltiny anti salvarae yard t.tsed excl~..tsively far farm
eq+_tipment, may not be located witt; ~;~ feet of tt',e r-•iyht-of-way
of a p+_tblic or state highway or^ r^esldenCF?.
Sectiar; ~:.~1 Materials and Use of Premises
a. Materials associated with an a+.Atdaar bt.tsiness may nat
be allowed to acc+_tm+_tlc-ate ar be stacked to ~-~ heigt;t ~~bave eight
feet Pram yro+_~nd IE?vel.
b. An o~_ttdoor b+_~siness s+_tb..ject to a screening
r~eq+..tir~ement +_tnder l"ex. F2ev. Civ. St at. f-~nn. art. c:.s7Sdd
(Ca+_tnty pop+_~IatiuT; c: million or rnor^e), art. cC;'`dd-1 (Co+_~nty
popt.tlation less than ~__ million), or^ ar^t. 4+'77-~a (.j,_Tnkyar^ti or
a+_ttomabile r3r^aveyard T;ear^ a highway or inter^state) that was in
compliance with that screening req,_~ir-•ement an A+_trgt.tst ~E+, I~391,
is exE?mpt fr^am a screening req+_tiremet;t adotited +_lTidf?r"' thl=_>
order;
c. OperablE= canst'r'+_lC=•tlan egf_tipment, provided, haweiver,
that b+.tsinesses sE3l.linr s+_tch Eiq+.tipmer;t m~,y nat display
merchandise tatt-fer than operable constrf_tction eq+_tipment in a
manr;er-- that wa+.tld at#;er-•wi se violate this Orcier-•; c',r--
d. A .j+_tr;kyard or~ an af_ttamotive wrecl~ing yard that t:ten<~irf
aperat i an befar~e ~'f_tne 1, 1987.
Sect i on 4.
CIVIL
f=f~_~JALTY
a. The Ca+_tnty Attorney ar any apprapr-•iate attor-•r;ey
representing the cof_tnty in civil r_a~es may file a civil act:irsn
to recover a civil per;alty from arf c,f_ttdoor-• b+_tsiness tt;at
violates a vis+_ta1 aesthetic star;dard established +_rnder~ this
ar~•der. l"he penalty may not exceed ~5~. ~i1tz- each d~~y far the
first ten days of vinlatian, ~1~~.~~c"~ each day far the neaxt ter'.
days, $~~5~. ~~ far- the next terr days, and ~1, ~~~. ~~ far-• eac#;
day thereafter. Tn determinin3 the amo+_tnt of the penalty, the
cof_trt shall consider-• thEa seria+_tsness of the vialatiar;.
b. A per;alty recovered +_tnder tlFis section shall be deposited
i.n the general f+_tnd of the caf_tr;ty.
~Ject lnn J.
AUTHORITY TO RE'GIJLATE
a. l"his Order applies to o+_ttcioor b+_tsinesses both existing ant:j
f+_tt+_tre in the +_tr;i.ncarpar^ated area of lier-•r-• Cattr;ty, Texas.
b. A time period oi= 6 months from the acioptian date of this
ar°dEyr is provided tc, an existinr~. at_ttdUC3r'• #]f_ls].rlE?ss~ to r_ampiy
wit#; the vis+_tal aesthetic standards.
c. The effec_•tive date ar;d c~da~:tiara date ar-•e the samEy.
~~-~X -ys
RERR COUNTY
OUTDOOR BUSINESS CODE
WHEREAS, Chapter 238 has been added to the Local Government
Code allowing the regulation of certain outdoor businesses; 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 order in accordance with said Chapter 238;
IT IS, THEREFORE, ORDERED that the Kerr County Outdoor
Business Code is enacted and adopted as follows:
SBCt10I1 I.
DEFINITIONS
As used in this order:
1. "Automotive wrecking and salvage yard" means a business
that stores three or more wrecked vehicles outdoors for the purpose
of dismantling or otherwise wrecking the vehicles to remove parts
for sale or for use in an automotive repair or rebuilding business.
2. "Demolition business" means a business that demolishes
structures, including houses and other buildings, in order to
salvage building materials and that stores those materials before
disposing of them.
3. "Flea market" means an outdoor market for selling
secondhand articles or antiques.
4. "Junkyard" means a business that stores, buys, or sells
materials that have been discarded or sold at a nominal price by a
previous owner and that keeps all or part of the materials outdoors
until disposing of them.
5. "Outdoor resale business" means a business that sells
used merchandise, other than automobiles, logging equipment, or
other agricultural equipment, and stores or displays the
merchandise outdoors.
6. "Recycling business" means a business that is primarily
engaged in:
a. converting ferrous or non-ferrous metals or other
materials into raw-material products having prepared grades
and having an existing or potential economic value;
b. using raw-material products of that kind in the
production of new products; or
Outdoor Business Code
Passed by Kerr County Comnissioners~ Court 7/18/95
Page 2 of 5
c. obtaining or storing ferrous or non-ferrous metals
or other materials for a purpose described in paragraph 6a or
6b.
7. "Person" means an individual, corporation, or
association.
8. "Solid", as used in reference to a fence, wall, door, or
gate, means constructed and maintained so that the outer surface is
continuous and without interstices, gaps, spaces, or holes. For
the purpose of this order, a properly constructed and maintained
chain-link fence with strips or slats is a solid fence.
9. "Public road" means the entire width between property
lines of a road, street, way, thoroughfare, bridge, public beach,
or park in this state, not privately owned or controlled, if any
part of the road, street, way, thoroughfare, bridge, public beach,
or park is opened to the public for vehicular traffic, is used as
a public recreational area, or is under the state's legislative
jurisdiction through its police power.
10. "Wrecked vehicle" means a discarded, abandoned, junked,
wrecked, or worn-out automotive vehicle, including an automobile,
truck, tractor-trailer, or bus, that is not in a condition to be
lawfully operated on a public road.
Section 2.
VISUAL AESTHETIC STANDARDS
The following standards are established for visual aesthetics:
Section 2.1 Screening Requirement:
a. A person who operates an outdoor business shall
screen it by natural objects, plantings, fences, or other
appropriate means so that the screen is at least eight feet in
height alongside that portion of the outdoor business that
faces a public road or family residence so that it is not
visible from said public road or family residence.
b. Any side of the business that extends generally
parallel to and within 100 feet of any public road right-of-
way shall be bounded by a solid fence or wall at least eight
feet in height.
Outdoor Business Code
Passed by Kerr County Cortmissioners' Court 7/18/95
Page 3 of 5
Section 2.1.1 Construction, maintenance of fence or wall:
a. A fence or wall required by this order shall be
constructed and maintained as follows:
1. All fences shall be constructed of wood,
masonry, corrugated sheet metal, chain link, or any
combination, but any one side of an outdoor business may
be bounded by a fence or wall constructed of only 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 all links of the chain link fence.
3. All fences or walls shall extend downward to
within three inches of the ground and shall test plumb
and square at all times. The fence must be painted a
natural earthtone color and may not have any signs
appearing on its surface, other than signage indicating
the business name, which sign shall not exceed 4' x 8' in
size.
b. Any part of a fence or wall required by this order
may consist in whole or part of a solid wall and door, or
walls and doors of any completely enclosed buildings or
premises, if the wall or door meets all construction
requirements set forth in this order.
c. Openings as defined in paragraph (b), or other
openings in fences or walls that are necessary to permit
reasonable access to an outdoor business shall be equipped
with a solid gate constructed and maintained in accordance
with the requirements for a fence or wall set forth in this
order. The gates shall be closed and securely locked at all
times except during normal daytime business hours.
Section 2.2 Location
a. An outdoor business established after the effective
date of this order may not be established within 300 feet of
an existing church, school or residence, measured from the
wall of the structure that is closest to the outdoor business
to the fence or wall of the yard required under Section 2.1
unless both the residence and the outdoor business are owned
by the same person.
b. Outdoor business screening other than a junkyard or
automotive wrecking and salvage yard used exclusively for farm
Outdoor Business Code
Passed by Kerr County Cortmissioners~ Court 7/18/95
Page 4 of 5
equipment, may not be located within 50 feet of the right-of-
way of a public or state highway or residence.
Section 2.3 Materials and Ose of Premises
a. Materials associated with an outdoor business may
not be allowed to accumulate or be stacked to a height above
eight feet from ground level.
b. All materials from or associated with an outdoor
business shall not be displayed, stored, or worked upon
outside or above the screening requirements of this Order.
Section 3.
E%CEPTIONS
This Order does not apply to the following:
a. farm machinery owned or operated by the person on
whose property that machinery is located and kept on that
property for purposes other than sale;
b. An outdoor business subject to a screening
requirement under Tex. Rev. Civ. Stat. Ann. art. 2372dd
(County population 2 million or more), art. 2372dd-1 (County
population less than 2 million), or art.4477-9a (junkyard or
automobile graveyard near a highway or interstate) that was in
compliance with that screening requirement on August 26, 1991,
is exempt from a screening requirement adopted under this
order;
c. Operable construction equipment, provided, however,
that businesses selling such equipment may not display
merchandise other than operable construction equipment in a
manner that would otherwise violate this Order; or
d. A junkyard or an automotive wrecking yard that began
operation before June 1, 1987.
Section 4.
CIVIL
PENALTY
a. The County Attorney or any appropriate attorney
representing the county in civil cases may file a civil action
to recover a civil penalty from an outdoor business that
violates a visual aesthetic standard established under this
order. The penalty may not exceed $50.00 each day for the
first ten days of violation, $100.00 each day for the next ten
days, $250.00 for the next ten days, and $1,000.00 for each
Outdoor Business Code
Passed by Kerr County Commissioners' Court 7/18/95
Page 5 of 5
day thereafter. In determining the amount of the penalty, the
court shall consider the seriousness of the violation.
b. A penalty recovered under this section shall be deposited
in the general fund of the county.
Section 5.
AUTHORITY TO REGULATE
a. This Order applies to outdoor businesses both existing
and future in the unincorporated area of Kerr County, Texas.
b. A time period of 6 months from the adoption date of this
order is provided to an existing outdoor business to comply
with the visual aesthetic standards.
c. The effective date and adoption date are the same.
PUBLIC NOTICE OF ADOPTING PF
POSt-It`" Fax Note 1671	Date _~~	pages
Ta --	From y
i
,~1
Co./Dep .~~` S~R/L~% E	Co. ~ ~
Phone # _ Qd~	Phone #
,~
Fax # C	Fax #
OF KERR CG~~.~ ~ , ~L«~~..,
The Commissioners' Court of Kerr County, Texas proposes to
adopt the "Outdoor Business Order" according to Chapter 238
of the Local Government Code.
An official copy of the proposed rules are on file with the
County Clerk's Office.
Written comments concerning the proposed rules may be
submitted to Robert A. Denson, County Judge, 700 E. Main Street
Kerrville, Texas, 78028 until 3:30 P.M-, Tuesday, July 18, 1995.
A public hearing will be held at 3:30 P.M. on Tuesday, July 18,
1995 to consider any changes and/or adoption of the new rules.
All interested persons are encouraged to participate in the
comment and/or public hearing process.
RUN: July 3, 1995 and July 10, 1995
P~ ~ - Kwr~ Osiy T1nMS - Mlrib~d~r~ .Wly 5~ 1~fi
aweuc l"loTt~ aF ;~ocx~-
IMG PROPOSED QUfOOtiR
BUSINESS ORDER OF KBiR
COUNTY, TEX'A~
fie CorrxrNSNoners' Court
tterr County. Texas propaNw•
~ adopt me -ourdo« auiH
Hess order' according ip.
Chapter 238 Qf the lord
Government Cody.
M official copy of the prdp-
osed rules are on the with 1M
County Clerks OfTICi.
Written corrxnenl5 conceref-
Ing the Proposed rules rtiaY
be submitted to Robert A.
Denson. County Judge. 700
E. Main Sheet KemBe.Tex>OS.
78028 untN 3:30 P.M., Tues~
daY. July 18, 144l1~.
A publk: heathg wil be hNa
at 3:30 P.M., Tuesday. July H.
1995 to consider aAy
changes and/or adopripn
of the new rules.
AA interested persons are 9ri^
©ouraged to portfdpC~d b
N+e and~- R~
U
July 12, 1994
~El~l\ Y 1LLE
T•E•X•A•S'
Bill Stacy, County Judge
Kerr County Commissioners Court
Kerr County Courthouse
Kerrville, Texas 78028
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; z•~e 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 than}c you often enough. Keep
up the good work!
Sincerely,
William R. Goertz
President
~~ y, ~ rrti !~ a ~ ~ -~ '~ Iu ~ ~
Kemille Area Chamber of Commerce
1700 Sidney Baker • Kerrville, Texas 78028
210 1896-1155
SECTION 8.01 (a) Subt f ~"i B, T i t i e T, ~loca l Government- Code i s amenciec~
to codify Section i, Chapter 881, Acts of the i .d Legislature,
Regular Session, 1991 by adding Chapter 238 to read as follows:
CHAPTER 238 - COUNTY REGULATION OF CERTAIN OUTDOOR BUSINESSES
SECTION 238.OOi - DEFINITIONS. In this chapter:
(1) "Automotive wrecking and saivage yard" means a business that
stores three or more wrecked vehicles outdoors for the purpose of
dismantling or otherwise wrecking the vehicles to remove parts for
sale or for use in an automotive repair or rebuildtng business.
(2) "Demolition business" means a business that demolishes
structures, including houses and other buildings, in order to salvage
building materials and that stores these materials before disposing of
them. .
(3) "Flea market" means an outdoor market for sailing secondhand
articles or antiques.
(4) "Junkyard" means a business that stores, buys, or sells
materials that have been discarded or sold at a nominal price by a
previous owner and that keeps sit or part of the materials outdoors
until disposing of them.
(5) "Outdoor resale business" means a business that sells used
merchandise, other than automobiles, logging equipment, or other
agricultural equipa~nt, and stores or displays the merchandise
outdoors.
(8) "Recycling business" means a business that is primarily
engaged in: ~ '
(A) converting ferrous or nonferrous metals or other
materials into raw material products having prepared grades and
having an existing or potential economic value;
(B) using raw material products of that kind in the
production of new products; or
(C) obtaining or storing ferrous or nonferrous metals or
other materials for a purpose described by paragraph tA) or (8).
SECTION 238.002 -AUTHORITY TO REGULATE; ADOPTION OF RULE. (a) The
commissioners court of a county ~by order may establish visual
aesthetic standards far autoa~tive wrecking and saivage yards,
junkyards, recycling businesses, flea maritets, demolition businesses,
," and outdoor resale businesses in the unincorporated area of the
county. .
(b) The commissioners court may not include in an order adopted
under this section a screening requirement for an auton~tive wrecking
and saivage yard or a junkyard that is less restrici`ive than the
screening requirement under Chapter 953, Acts of the Toth Legislature,
Regular Session, i98T (Article 2372dd-i, Vernon's Texas Civil
Statutes).
(c) An order adopted under this section must provide a reasonable.
period of time not to exceed i2 months for a business operating on the
effective date of the order to comply with the visual aesthetic
standards.
SECTION 238.003 - EXCEPTIONS. (a) A commissioners court may not
regulate under this chapter 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) A business subject to a screening requirement under Chapter SSo,
Acts of the 68th legislature, Regular Session, 1983 (Article 2372dd,
~Verraon's Texas Civil Statutes), Chapter 953, Acts of the 70th
Legislature, Regular Session, 1987 (Article 2372dd-1, V.T.C.S.), or
Section 4.08,~'Chapter 741, Acts of the 67th Legislature, Regular
Session, 1981 (Article 4477-9a, Y.T.C.S.), that was in compliance with
that screening requirement on August 28, 1991, is exempt from a
screening requirement adopted under this chapter.
..
SECTION 238.004 - CIVIL PENALTY. (a) The appropriate attorney
representing the county in~civil cases may file a civil action to
recover a civil penalty from a business that violates a visual
aesthetic standard established under this chapter. The penalty may not
exceed ;50 each day for the first 10 days of the violation, ;100 each
day for the next 10 days, 6250 each day for the next 10 days, and
;1,000 for each day thereafter. In determining the amount of the
penalty,~the court shall consider the s®riousness of the violation.
(b) A penalty recovered under this section shall be deposited in the
general fund of the county.
ARTICLE 2372dd-2,. REVISED STATUTES, IS REPEALED.