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1976-010 NO ?&. ~ o ~ O~I~CE ,~t~DIN~ ~TICLE I O~ C~ ~00~ ~S COn~ O~ O~n~- ~C~S O~ ~ C~ O~ ~0~, ~S, ~ ~ ~0 S~C~O~S ~0-~ ~ ~ C~ O~ nS~O~ ~0 SS CO~n~n~ s~o~ns~ s~ ~ son~n ~sc~s~.~ c~ s~c~c~oss ~o~ ~s co~s~c~o~ ~n ~c~ ~s~o~, ~o~s~ cs~ s~sc~c~o~s ~o~ ~ cos- STRUCTIOS ~D ~IN~N~ T~OF, PROHIBITING W~, DISPLAY OR STOOGE O~SIDE OR ABO~ SUCH ENCLOSe, PROVIDING A PENALTY, PRO- VIDING CERTAIN DEFINITIONS, ~ING OTHER FINDINGS ~D PROVISIONS ~LATIVE TO THE SU~ECT, PROVIDING A SE~BILITY CLAUSE, ~D DE- CLUING ~ EFFECTI~ DATE ~E~AS, the Czty of Denton has ~der zts general polzce powers the power to enact ordznances and regulatzons deemed necessary for the preservation and zmprovement of the health, safety and welfare of zts inhabiters, and ~E~AS, the City Co~cil of the Czty of Denton fznds that the present conditions and methods of operatzon of automotzve wreckzng ~d salvage yards zn the City of Denton are to the materzal detrz- ment of ,the health, safety and welfare of the znhabztants of the Czty of Denton zn at least the followzng respects, to-wzt (a) The potential exzsts contznually that a substantzal n~er of fzres and explosions caused by the zgnztzon of fla~able liq~ds from the gas tanks or engines of wrecked or 3unked automotzve wreck- zng and salvage yards mn the Czty of Denton, (b) Wrecked or J~ked automotzve vehzcles and the parts there- from are placed, stacked or stored upon, or so near to the public rzghts-of-way, maintained by the Czty of Denton for the safety and convenzence of the traveling publzc, as to constztute a s~gnzficant traffzc hazard, (c) The present vzsibility and accesszbzlzty of wrecked or 3~ked automotive vehzcles and the parts therefrom upon and about the premises of m~y automotive wreckzng and salvage yards zncrease the frequency of thefts and burglarzes from such busznesses, thus increaszng the costs of provzdzng adequate polzce protectzon to prevent crzme and protect the lzves and propertzes of persons to ~d aro~d such business locations, (d) The open and obvious use of land in the City of Denton for the wrecking, storage, or display of wrecked or 3unked automotive vehicles and the parts, accessories or components thereof has caused a relative decline in the market value of lands in and about such business locations, thus resulting in a loss in ad valorem tax re- venue for the City of Denton, (e) The open and obvious use of land in the City of Denton for the wrecking, storage or display of wrecked or Junked automotive ve- hicles or the parts therefrom has caused a relative decline in the market value of property, the use and en3oyment of property, the en- 3oyment,of life, and the general welfare of those inhabitants of the City oflDenton who live near such business locations, (f) The present visibility and accessibility of wrecked auto- motive vehicles and the parts therefrom upon and about the prem/ses of many automotive wrecking and salvage yards in the City of Denton is a hazard to the safety of children who are naturally attracted by such cohdittons, now therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding new Sections 20-2 through 20-10 to Chapter 20, Article I thereof, which shall hereafter read as follows Section 20-2 FENCING OF AUTOMOTIVE WRECKING AND SALVAGE YARDS DEFINITIONS (a) The term "automotive wrecking and salvage yards" as used herein shall mean any lot or tract of land whereon three or more discarded, abandoned, J%mked, 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, disman- tling, cutting up, strippinE, or otherwise wrecking such automotive vehicle9 to extract therefrom parts, components or accessories for sale or for use in an a~tomotive repeir or rebuilding business (b) The term "solid" as used herein shall mean constructed and malntalned so that the outer surface thereof is continuous and w~thout ~nterstices, §aps, spaces or holes This shall not be construed to prohibit any spaces or §aps left by a properly constructed and maintained chain link fence with strips or slats as hereinafter provided Section 20-3 DRAINAGE OF FLAMMABLE LIQUIDS REQUIRED Before any Junked, wrecked, or abandoned vehicle shall be placed in any automotive wreckinE and salvaEe yard, in the C~ty of Denton, for the purpose of d~sassemblln§ or dlsmantltn§, cut- t~ng up, strlpp~ng, or otherwise extracting parts therefrom, all fuel tank or tanks must be removed and all gasoline and other flarmnable liquids shall be cor~pletely drained and removed from sa~d vehicle Section 20-4 FENCING REQUIRED Every automotive wrecking yard excluding the off.ce area, in the City of Denton shall be surrounded by a fence as follows (a) The fence shall be high enough to screen all 3unk and 3unked automotive vehicles from the view of the traveled way of the public streets and highways, and shall be extended downward to with- in three (3) inches of the ground (b) It shall extend alone the frontage of the automotive wrecking or salva§e yard parallel to the public street or highway and perpendicular to the public street or highway alonE the sides of the automotive wrecking and salvage yard to a d~stance so that all Junk and wrecked vehicles w~ll be screened from v~ew of the traveled way of said publlc street or highway Section 20-5 CHARACTERISTICS OF FENCING (a) The fence or wall shall be constructed of a permanent material such as wood, masonry, corrugated sheet metal, chain l~nk, or any combination thereof (b) The fence must be neat in appearance and of a un~form color and height If the fence ~s to be painted, it shall be of a uniform color Bright, loud colors w~ll not be acceptable (c) It zs not necessary that the fence be solzd If chazn lznk fenczng zs used, wood or metal slats or strzps must be run through all lznks of the chazn lznk fence However, the open spaces must be small enough that the Junk materzal and vehzcles are substantzally screened (d) The fence shall be mazntazned by the owner and/or operator of salvage yard Should the fence become damaged or destroyed, zt must be repaired within thzrty (30) days (e) Ail fences or walls shall be constructed zn complzance wzth applmcable provmsmons of the Bumlding Code of the Cmty of Denton Sectmon 20-6 FENCE MAY INCLUDE SOLID WALLS AND DOORS Any part of a fence or wall requmred by Sectmon 20-4 hereof may conszst zn whole or zn part of a solmd wall and door, or walls and doors of any completely enclosed buzldzng on sazd premzses, if such wall or door meets all constructmon requmrements heremnabove set forth Section 20-7 GATES REQUIRED Opmnings mn the prescrzbed enclosure whmch are necessary to permmt reasonable access to sazd automotmve wreckzng and salvage yards shall be equmpped wmth a solmd gate or gates, constructed and mamntazned mn accordance wzth the requmrements for a fence or wall hereznabove set forth Such gates shall be closed and securely locked at all times except during normal daytzme business hours Sectzon 20-8 WORK RESTRICTIONS It shall be unlawful for the owner, operator, hms agents or em- ployees, to display, store, or work on any 3unked or wrecked automo- tmve vehmcle, or the parts, accessormes or junk therefrom outsmde of or above the herezn requmred fence or wall Sectzon 20-9 PROPERTY SUBJECT TO INSPECTION Ail automotive vehicles, parts and other matermals located mn or on the premmses of any automotmve wreckmng or salvage yard mn the Czty of Denton shall be so arranged to allow reasonable access to, and spectmon of, the premmses by authormzed fmre, health, polzce and bumldmng offmcmals of the City of Denton Section 20-10 PENALTIES (1) Failure to comply wmth any provzsmons of this ordmnance shall be grounds for the revocatmon of, or the refusal to mssue or renew any license required by the owner or operator of an automotive wrecking and salvage yard pursuant to Section 20-33 et seq , or any other section or sections of the Code of Ordinances of the City of Denton Any violation of the provisions of this ordinance shall be punishable by a fine of up to $200 00 Each day of violation shall constit~te a separate offense (2) The imposition of the penalties here~n prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent or discontinue an unlawful operation of an auto- motive wrecking and salvage yard during the time such automotive wrecking and salvage yard is in violation of any provision of this ordinance, or to restrain, correct or abate a violation of said ordin- ance, or prevent an illegal act, conduct, business or use in or about any pre~tses PART II (1) If any provision, section, s~bsectlon, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordin- ance or their application to other persons or sets of circumstances shall not be affected thereby, it bezng the intent of the City Council zn adopting this ordinallce that no portion thereof or provision or regulation contained herein shall become inoperative or fail by rea- son of any t~constitutionality of any other portion hereof and all proviszQns of this ordinance are declared to be severable for that purpose (a) All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such confllct only That this ordinance shall become effective on and after the 1st day of ,AugUSt , 1976 and the City Secretary is hereby directed to cause the caption of this ordinance to be published twzce zu the Denton Record-Chronicle, the offzczal newspaper of the Czty of Denton, Texas, within ten (10) days of the date of its passage and approval PA~SED AND APPROVED this the ~l~6th day of }~arch , 1976 ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS