ORDINANCE NO. 12/62010  AN ORDINANCE OF THE CITY OF THRALL, TEXAS, JUNKYARDS AND AUTOMOTIVE WRECKING AND SALVAGE YARDS WITHIN THE CITY; ADOPTING A PENALTY CLAUSE; ADOPTING A REPEALER CLAUSE; ADOPTING A SAVINGS  ADOPTING  ENCING/SCREENING  REQUIREMENTS  FOR  CLAUSE.  BE IT ORDAINED BY THE CITY OF THRALL:  Section 1.0 Definitions  1.1  "Automotive wrecking and salvage yard" means  an outdoor place where a person stores three or more wrecked vehicles for the purpose of dismantling or wrecking the vehicles to remove parts for sale or for use in  automotive repair or rebuilding.  1.2  "Junk" means copper, brass, iron, steel,  rope, rags, batteries, tires, or other material that has been discarded or sold at a nominal price by previous owner  of the material. vehicle. 1.3  The term does not include a wrecked  Junkyard" means a place where a business  that owns junk, and is operated to store, buy, or sell junk, keeps all or part of the junk outdoors until the  business disposes of the junk.  1.4  Recycling business" means a business (A) converting metal or other material into  primarily engaged in the business of:  raw material products that have: (i) prepared grades; and  (ii) an existing or potential economic (B) using raw material products described in Paragraph (A) in the production of new (C) obtaining or storing metal or other material for a purpose described by (A) or  value;  products; or (B).  Page 1of5    1.5  "Wrecked vehicle" means a discarded, junked,  damaged, or worn-out automotive vehicle that is not in a condition to be lawfully operated on a public road. Section 2.0 Fencing/Screening Requirements Within the City  Limits of Thrall  2.1 Junkyards and Automotive Wrecking and Salvage Yards are subject to the following requirements:  All outdoor storage shall be conducted entirely within a solid fence at least eight foot (8') in height with lockable gates. The fence should be of good quality, attractive appearance, and using good construction methods. The fence should around all four sides of the facility and block all views of property line is expressly pronibited. Junk or wrecked vehicles shall not be piled against the exterior of the fence. Junk or wrecked vehicles shall not be stacked higher than the height of the fence, unless otherwise totally screened. Screening shall be provided around the perimeter of the color and material. Screening color should  the facility.  The fence or wall on any  property.  Screening should be of uniform  be of earth or neutral colors.  2.2 If the requirements set out in the ordinance are not complied with, the property shall be declared a 2.3 This ordinance is designed to provide improved livability between different or dissimilar land uses by defining policy and standards regarding the designated as screen borders or buffer areas. This legislation is further designed and intended to promote the health, safety, and welfare of the public by requiring screen to accomplish the following:  nuisance.  placement,  retention,  or replacement of areas  1) Reduce the transmission of noise, dust, 2) Lessen perceived visual pollution;  and glare:  Page: 2of5    3) Create a greater sense of privacyi landscaping a non-residential use.  4) Improve  esthetics,  by  effectively  2.4 This ordinance does not apply to a Recycling  Business as defined by Section 1.4.  2.5 Maintenance  All fences constructed within the city shall be shall be maintained in a vertical position, and although functional, not create an unsightly condition that substantially detracts from the appearance of the  neignbornood.  1) All fences must remain in good working order, and may not have any missing board for more 2) Fences are not allowed to obstruct the vision 3) Fences must be upright, and maintain less than a 20% angle in any direction, or will be 4) Fencing materials not allowed within the City corrugated steel, Eiberglass panel, or electric 5) Barbed wire may be used only in agricultural or only be used on the top portion of fences for 7) For purpose of entorcement, these requirements apply to the exterior fence and do not apply to material necessary of containment of animals  than a five-day period.  of motorists on the public street.  considered in violation.  limits fences.  include:  plywood,  sheet  metal,  commercial uses. security purposes.  In commercial use, it may  6) Razor wire will not be allowed.  inside fences.  Section 3.0 Variances  Requests for variances to this ordinance will be  considered by the City Council.  Page 30 of5    Section 4.0 - Permits  A permit must be obtained if building a new fence under this ordinance, or placing more than 25% of an existing fence. Permits for fences to be constructed may  be obtained through the City of Thrall.  Section 5.0 Penalty this ordinance. $2000.  (a) A person commits an offense if the person violates (b) An offense under this ordinance is a misdemeanor punishable by a fine of not less than $400 or more than (c) Each day a violation continues is a separate offense.  Section 6.0 Repealer Clause  Any ordinances, parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed to the  extent of any such conflict. Section 7.0 Savings Clause  If any article, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of this Ordinance which shall remain in full force and effect.  PASSED, APPROVED and ADOPTED on this the /6 day of  December, 2010.  1 -  Troylt, Mayor  552  ATTEST She:  Pausewang, Clerk  Page 4of5    APPROVED AS TO FORM: ML  Ted W. Hejl, City Attorney  CERTIFICATE  THE STATE OF TEXAS COUNTY OF WILLIAMSON  I, Sheila Pausewang, being the Clerk of the City of Thrall, Texas, do hereby certify that the attached is a true and correct copy of Ordinance No. SBK-E/B2Ppassed Ordinance was duly introduced, passed, approved and adopted at meetings open to the public and notices of the meetings, giving the dates, places, and subject matter thereof, were posted as prescribed by Government Code Section 551.043.  and approved by the City Courgil Texas, on the le day of  the City of Thrall, 2010, and such  Vili  Wiftness my hand and seal of office this the /6 day  of  2010. MM  Sheila Clerk  3  h  Page 5of5