§ 7-9. Automotive wrecking and salvage yards.

(a)

Definitions.

(1)

Automotive wrecking and salvage yards as used herein shall mean any lot or tract of land whereon 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 for the purpose of disassembling, dismantling, cutting up, stripping, repairing or otherwise wrecking such automotive vehicles to extract therefrom parts, components or accessories for sale or for use in automotive repair or rebuilding business.

(2)

Solid as used herein shall mean 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 gaps left by a properly constructed and maintained chain link fence with strips or slats as hereinafter provided.

(b)

License required. No person shall exercise, carry on or engage in the business of operating an automotive wrecking and salvage yard unless such person first obtains a license to do so from the City of Terrell.

A separate license shall be required for operators of automotive wrecking and salvage yards for each place of business.

(c)

Application for issuance or refusal of license. Any person desiring a license required herein shall make application therefor in writing to the city manager stating where the business is to be located and the residential address of the owner and the manager. Upon receipt of such application, the city manager shall investigate the applicant and shall determine whether or not the license should be issued or refused. If the city manager shall refuse the issuance of the license, he shall do so in writing stating the reasons for such refusal. The applicant may, within ten days of the receipt of the written refusal, appeal the decision of the city manager to the city council provided he does so in writing. The city council shall then decide the matter and their decision shall be final.

(d)

License fees. The license fee for each automotive wrecking and salvage yard shall be as provided for in the fee schedule found in the appendix of this Code.

(e)

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 automotive wrecking and salvage yard or yard operated by an automotive rebuilder in the city. All flammable liquids drained from any vehicle in such yard shall be stored in a safe manner and in strict accordance with the fire code.

(f)

Fencing, wall requirements. Every automobile wrecking and salvage yard within the City of Terrell shall be completely surrounded and enclosed by a solid fence or wall as follows:

(1)

Any side of such yard which extends generally parallel to, and within 100 feet of any public street right-of-way shall be bounded by a solid fence or wall to be no less than ten feet in height nor more than 12 feet in height; and

(2)

All sides of such yard not included in subsection (1) above shall be bounded by a solid fence or wall to be no less than eight feet in height nor more than ten feet in height.

(g)

Construction, maintenance of fence or wall.

(1)

All fences shall be constructed of wood, masonry, chain link or any combination thereof; provided, however, that any one side of an automotive wrecking and salvage yard shall be bounded by a fence or wall constructed of only one of the above 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.

(4)

All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the City of Terrell, Texas.

(5)

No fence or wall shall be constructed within 150 feet of any bayou, stream, gully or flood control waterway.

(h)

Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by this section hereof may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on said premises, if such wall or door meets all construction requirements hereinabove set forth.

(i)

Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall hereinabove set forth. Such gates shall be closed and securely locked at all times except during normal daytime business hours.

(j)

Use of premises outside enclosure. It shall be unlawful for any owner, operator, his agents or employees, to display, store or work on any junked or wrecked automotive vehicle, or the parts, accessories or junk therefrom outside of or above the herein required fence or wall.

(k)

Arrangement of vehicles, parts and materials.

(1)

All automotive vehicles, parts and other materials located in or on the premises of any automotive wrecking and salvage yard in the City of Terrell shall be so arranged to allow reasonable access to and inspection of, the premises by authorized fire, health, police and building officials of the City of Terrell, Texas.

(2)

All materials stored in any automotive wrecking and salvage yard must be stored at least 18 inches above the surface of the yard. There shall be no storage of tires on said premises. All materials stored in any automotive wrecking and salvage yard shall not be stored at a height greater than the fence surrounding the premises as provided herein.

(l)

Control of vegetation. It shall be unlawful for the owner or operator of an automotive wrecking or salvage yard to allow grass or other vegetation to grow to a height of more than nine inches above the ground.

(m)

Watershed. No automotive wrecking or salvage yard shall be located on top of a watershed.

(n)

Improved surface. All portions of lots or tracts of land used in the operation of an automotive wrecking and salvage yard must have an all-weather surface of concrete, asphalt, blacktop, stone, macadam, limestone, iron ore, gravel or shell and have appropriate drainage.

(o)

Compliance with regulations and ordinances. All automotive wrecking and salvage yards must at all times be in full compliance with all city ordinances regarding health and safety, including specifically, without limitation, all requirements of the fire code, as hereinafter amended.

In the event there are any automotive wrecking and salvage yards not in compliance with the fencing requirements as set forth in this section, the city manager is hereby authorized and directed to give written notice by United States mail to each and every automotive wrecking and salvage yard not in compliance herewith that such automotive wrecking and salvage yard shall have a reasonable length of time not to exceed six months from the date of the passage of this section to become in full and complete compliance with this section.

(p)

Violations and penalties. Failure to comply with any portion of this section shall be grounds for the revocation of, or the refusal to issue or renew any license required by the owner or operator of an automotive wrecking and salvage yard under this section or any other section or sections of the Code of Ordinances of the City of Terrell, Texas. Any violations of the provision of this section shall be punishable by a fine of up to $200.00 and each day of violation shall constitute a separate offense.

(Ord. No. 1754, 8-16-94)