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Ordinance No. 1,401ORDINANCE NO.1401 AN ORDINANCE AMENDING THE CODEOF ORDINANCES OF THE CITYOF BAYTOWN, TEXAS,BY THE AMENDMENT OF CHAPTER 16,"JUNK AND JUNKYARDS", ARTICLE II,JUNKYARDS,TO REPEAL THE PROVISIONS OF SUCH ARTICLE AS PRESENTLY CONSTITUTEDAND TO SUBMIT IN ITS PLACE A NEW ARTICLE II, JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS,REQUIRING ALL JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS IN THE CITY OF BAYTOWN TO BE COMPLETELY SURROUNDED BY A SOLID FENCE;PRESCRIBING CERTAIN SPECIFICATIONS FOR THE CONSTRUCTION AND MAINTENANCE THEREOF; PROHIBITING WORK,DISPLAY OR STORAGE OUTSIDE OR ABOVE SUCH ENCLOSURE; PROVIDING A PENALTY;PROVIDING CERTAIN DEFINITIONS;MAKING OTHER FINDINGS AND PROVISIONS RELATIVE TO THE SUBJECT;PROVIDING A SAVINGSCLAUSE; AND PROVIDING FORTHE EFFECTIVE DATE HEREOF. WHEREAS,the City of Baytown has under its general police powers the power to enact ordinances and regulations deemed necessary for the preservation and improvement of the health,safety and welfare of its inhabitants;and WHEREAS,the City Council of the City of Baytown finds that the present conditions and methods of operation junkyards and/or automotive wrecking and salvage yards in the City of Baytown are to the material detriment of the health, safety and welfare of the inhabitants of the City of Baytown in at least the following respects,to-wit: (a)Fires and explosions caused by the ignition of flammable liquids from the gas tanks or engines of wrecked or junked vehicles are likely to occur on or about the premises of junkyards and/or automotive wrecking and salvage yards in the City of Baytown. (b)Junk and/or wrecked or junked automotive vehicles and parts therefrom placed,stacked or stored upon,or so near to the public rights of way,maintained by the City of Baytown for the safety and convenience of the traveling public,constitute a significant traffic hazard; (c)The present visibility and accessibility of junk and/or wrecked or junked automotive vehicles and the parts therefrom upon and about the premises of many junkyards and/or automotive wrecking and salvage yards increases the frequency of thefts and burglariesfrom such businesses, thus increasing the costs of providing adequate police protection to prevent crimeand protect thelives and properties of persons in and around such business lo cations; (d)The open and obvious use of land in the City of Baytownfor the wrecking,storage,or display of junk and/or wrecked or junked automotive vehicles and the parts,accessories or components thereof causes a relative decline in the market value of lands in and about such business locations,thus resulting in a loss inad valorem tax revenue for the Cityof Baytown; (e)The open and obvious use of land in the City of Baytown for the wrecking,storage or display of junk and/or wrecked or junked automotive vehicles or the parts therefrom causes a relative decline in the market value of property,the use and enjoyment of property,the enjoyment of life,and the general welfare of those inhabitants ofthe City of Baytown who live near such business locations. (f)The present visibility and accessibility of junk and/or wrecked automotive vehicles and the parts therefrom upon and about the premises of many junkyards and/or automotive wrecking and salvage yards in the City of Baytown is a hazard to the safety of children who are naturally attracted by such conditions;NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the Codeof Ordinances of the Cityof Baytown is hereby amended by the amendment ofChapter 16,"Junk and Junkyards",by repealing Article II,Junkyards,thereof and the same shall cease to have force and effect from and after the effective date of this ordinance. Section 2:That the Codeof Ordinances is hereby amended by adding thereto a new Article II,Junkyards and Automotive Wrecking and Salvage Yards,which shall read as follows,to wit: ARTICLE II.JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS. Section 16-15.Definitions. (a)Junkyards.Any lot or tract usedor maintained as a dumping ground or for the storage,wrecking or disassembling of junk as defined in Section 16-1 of this Chapter. (b)Automotive wrecking and salvage yards.Any lot or tract of land whereupon three or more discarded,abandoned,junked,wrecked or worn-out automotive vehicles,including but not limited to autos,trucks,tractor- trailers,and buses,are kept or stored forthe purpose of disassembling, dismantling,cutting up,stripping,or otherwise wrecking such automotive vehicles to extract therefrom parts,componentsor accessories for sale or for use inan automotive repairor rebuilding business. (c)Solid fence.A fence constructed and maintained so that the outer surface thereof is continuous and without interstices,gaps,spaces or holes. This shall not be construed to prohibit any spaces or gapsleftby a properly constructed and maintained chain link fence with strips or slats orherein after provided. Section 16-16.Application for,issuance and feefor license. Any person desiring to use or maintain any property within the city as a junkyard or automotive wrecking and salvage yard shall make writtenapplica tion to the City Clerk for a license which application shall set forth the name and address of the applicant and a legal description of the property or premises hereof. -2- If the application is granted,a license to operate such business shall be issued by the City Clerk upon the payment of a fee of Five Dollars ($5.00)per annum.Any license so issued shall expire January 1st next succeeding the date of its issuance,but may be renewed from year to year,in like manner as provided for the original license.No application shall be granted or license renewed unless the property to be used as a junkyard and/or automotive wrecking and salvage yard is fenced as required herein. Section 16-17.Revocation of license. The City Council shall have the power to revoke the license provided for in this article 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 (10)days after the service of such notice. Section 16-18.Removal of flammable liquids from vehicles. All oil,gasoline,and other flammable liquids shall be completely drained and removed from any junked,wrecked or abandoned automotive vehicle before said vehicle is placed in any junkyard and/or automotive wrecking and salvage yard in the Cityof Baytown. Section 16-19.Fencing required. Every junkyard and/or automotive wrecking and salvage yard shallbe com pletely surrounded and enclosed by a fence or wallat least six (61)feet in height. Any existing business of this character now being operated and maintained inthe City shall be allowed thirty (30)days from the effective date of this Section within which to begin the construction of a fence of the kind and character required hereby,and such fence shall be completed within a period of thirty (30)days thereafter. Section 16-20.Construction,maintenance of fenceor wall. Every fence or wall herein required shall be constructed and maintained as follows: (a)All fences shall be constructed of wood,masonry,corrugated sheet metal,chain link,or any combination thereof;provided,however, that any one side of a junkyard and/or automotive wrecking and salvage yard shall be bounded by a fence or wall constructed of only one of the above materials. (b)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. (c)All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times. (d)All fences or walls shallbe constructed in compliance with all ap plicable provisions of the Building Code of the City of Baytown. Section 19-21.Neat appearance of junkyard or automotive wrecking and salvage yard required. Any person granted a license as provided for in this article shall keep the premises used in the operation and maintenance of that business in a neat and orderly condition.Junk,junked,or wrecked automobiles,or parts thereof, or material ofany charactermay not be stacked above the heightof the fence constructed or displayed,stored,or worked on outside suchfence. -3- Section 16-22.Use of wall,door of building as part of fence or wall. Any part of a fence or wall required by Section 16-19 hereof may consist in whole or in part of a solid wall and door,or walls and doors of any com pletely enclosed building on said premises,if suchwall or door meets all construction requirements hereinabove set forth. Section 16-23.Gatesat openings in enclosure. Openings in the prescribed enclosures which are necessary to permit rea sonable access to said junkyard and/or automotive wrecking and salvage yard shall be equipped with a solid gate orgates,constructed and maintained in accordance with the requirements for a fence or wall hereinabove set forth. Such gatesshall be closed and securelylocked at all times except during normal daytime business hours. Section 16-24.Arrangement of vehicles,parts and materials. All automotive vehicles,parts and other materials located in or on the premises of any junkyard and/or automotive wrecking and salvage yard in the City of Baytown shall beso arranged to allow reasonable access to,and in spection of,the premises by authorized fire,health,police,and building officials of the City of Baytown. Section 16-25.Penalty forviolation of chapter provisions. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor,and eachsuch person shall be deemedguilty of a se parate offense for each and every day,or portion thereof,during which any violation of any of the provisions of this chapter is committed,continued, or permitted,and upon conviction of any such violation such person shall be punished by a fine of not more than TwoHundred Dollars ($200.00). Section 3:Repealing Clause:All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;provided, however,that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4:Savings Clause:If any provision,section,exception, subsection,paragraph,sentence,clause or phrase of this ordinance or the application of same to any person or set ofcircumstances,shall for any reason be held unconstitutional,void or invalid,such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared tobe severable. -4- Section 5:Effective Date:This ordinance shall take effectfrom and after ten (10)days from its passage by the City Council.The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper ofthe City of Baytown at least twice within ten days after the passage of this ordinance. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown,Texas,this24th day of May ,1973. TOM GENTRY,Mayor ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RKHARDSON,City Attorney -5-