Ordinance 1984-27
ORDINANCE NO.
S~~7
BEING AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS CONTROLLING AND REGULATING JUNKYARDS OR SALVAGE YARDS,
PROVIDING FOR A LICENSE, PROVIDING RULES AND REGULATIONS FOR
CONTINUANCE OF OPERATION, PROVIDING AN EFFECTIVE DATE,
CONTAINING A SEVERANCE CLAUSE, PROVIDING FOR PENALTY AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that junkyards and
salvage yards provide habitat for rodents, reptiles and
other vermin and,
WHEREAS, the proximity of junkyards and salvage yards
decreases property values in the adjacent area, and
WHEREAS, junkyards and salvage yards have been determined to
constitute and attractive nuisance for unsuspecting
children, and
WHEREAS, junkyards and salvage yards have been determined to
be unsightly and offensive to the general public; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS, that,
A. TITLE
This ordinance shall be known as the "Junkyard and
Salvage Yard Ordinance."
B. PURPOSE
Any junkyard or salvage yard not operated in
strict compliance with the provisions of this
section is hereby declared to be a public and
common nuisance, being obnoxious and offensive to
the inhabitants of the City of Wylie, Collin
County, Texas, because of its interference with
the comfortable enjoyment of life and property by
said inhabitants. Furthermore, no junkyard or
salvage yard shall be established within the
corporate limits of the City of Wylie, Collin
County, Texas, unless a proper license is
obtained.
C. DEFINITIONS
The following words and phrases, when used in this
section shall have the meanings respectfully
ascribed to them in this subsection:
(1) Junk shall include all \vorn out, and discarded
ma t e ria 1 , in g e n e r a'l , in c Iud in g , but not
limited to, odds and ends, old iron or other
metal, glass, paper, cordage, junked vehicles
or other waste or discarded materials.
(2) Junkyard means any lot or place which is
exposed to the weather and upon which more
than five (5) motor vehicles of any kind,
incapable of being operated and which would
not be economically practical to make
operative, are placed, located or found, or
stored or kept for resale.
(3) Salvage Yard means any business or premises
used for the wrecking or disassembling of
automobiles, trucks, tractors, or machinery
of any kind, or for the storing or leaving of
worn out, wrecked, or abandoned automobiles,
1
trucks, tractors, stoves, refrigerators, or
machinery of any kind, or of any of the parts
thereof, or for the maintenance or operation
of such place for the accumulation of rubbish
of any description (old iron, glass, paper,
or other waste that may be used again in some
form).
(4) Rubbish shall include all nondecayable wastes,
except ashes, from all public and private
establishments and from all residences
(useless waste or rejected matter).
(5) Junked Vehicle means any motor vehicle as
defined in Section 1 of Article 827 (a)
Vernon's Texas Penal Code as amended, which
vehicle is inoperative and which does not
have lawfully affixed thereto both an
unexpired license plate or plates and a valid
motor vehicle safety inspection certificate
and which is wrecked, dismantled, partially
dismantled, or discarded.
D. LICENSING
(1) Written Application
Any person desiring to use or maintain any
property within the city for purposes of a
junkyard or salvage yard shall make written
application to the city secretary which said
applicant shall set forth the name and
address of the applicant and legal
description of the property or premises upon
which such business is currently conducted or
proposed.
(2) Annual License Fee
Before any license is issued under the
provisions of this section, the applicant
shall pay an annual fee of one thousand
dollars ($1000.00). Any license issued shall
expire on the first day of January next
succeeding the date of its issuance, but may
be renewed from year to year in like manner
as is provided for in the original license.
E. REVOCATION OF LICENSE
The city council shall have the power to revoke
the license issued under the provisions of this
section at any time for violation of any provision
of this section. Whenever the city council finds
that any provisions of this section have heen
violated, a written notice shall be sent to the
owner(s) stating the nature of the violation.
Said owner(s) shall be given thirty (30) days to
comply with such notice.
F. REQUIREMENTS FOR JUNKYARDS AND SALVAGE YARDS
WITHIN THE CITY OF WYLIE, TEXAS
The following requirements shall
owner(s) of any junkyard or salvage
the city limits of Wylie, Texas:
be met by
yard within
(1) Contents to be Kept in Orderly Condition
The junk or rubbish or salvage to be placed
within the premises of a junkyard or salvage
yard shall be kept in an orderly condition
2
allowing sufficient space on each side so an
individual may be able to walk among junk or
rubbish or salvage and inspect the premises.
(2) Yards Must be Open to Inspections
All junkyards or salvage yards must be open
to inspection by law enforcement officials,
health department representatives, fire
department officials, and building
inspectors. Inspection may be carried out
without notice during normal business hours.
(3) Vehicles and Machinery to be Drained of all
Flammables
It shall be the duty of the owner(s) of the
junkyard or salvage yard to see that the
automobiles, trucks, tractors, or machinery
of any kind which is kept within the premises
are drained of all flammables.
(4) Contents not to Collect Water
It shall be the duty of the owner of the
junkyard or salvage yard to see that the
contents of said junkyard or salvage yard
will not be placed in a position whereby they
will collect water, thus becoming a breeding
place for mosquitoes.
(5) Enclosure Requirements
(a) The property and premises on which a
junkyard or salvage yard business is
conducted shall be enclosed by an
opagque board, brick, or block fence,
which shall be kept in repair.
(b) Said fence shall be at least ten feet
(10') high with a minimum setback of
twenty feet (20') on the side(s)
fronting any street.
(c) All gates must be equipped with locks.
(d) No junk or salvage of any character, or
parts, or machinery of any kind shall be
allowed to remain outside, extend over,
or be piled or stacked in such a manner
as to exceed the height of said fence.
(e)
The fence enclosing the
salvage yard shall not be
postings or for other
purposes, except a space not
fifty (50) square feet which
for the advertisement of the
the owner thereof.
junkyard or
used to bill
advertising
larger than
may be used
business of
(6) Toilet Facilities to be Available
Toilet facilities shall be provided on the
junkyard or salvage yard premises for the
benefit of patrons and employees.
(7) Open Fires Shall Not Be Permitted
~o open fire for the burning of rubbish,
trash, automobiles, or any parts thereof, or
other waste matter shall be permitted.
3
G. SAFETY
All junk or salvage, including, but not limited
to, refrigerators, stoves, washing machines and
dryers, shall be rendered in such a manner as to
prevent entrapment. All refrigerators not stored
in a lockable structure shall have the doors
removed. All junk or other materials stored or
accumulated on said premises shall be dismantled
and stacked in such a manner so that same do not
constitute a nuisance, public safety hazard, or
fire hazard.
H. TIME LIMIT FOR COMPLIANCE
Any existing junkyards
by this section shall
this section within a
(3) months from the
section or from the
comes first.
or salvage yards as defined
comply to all provisions of
period not to exceed three
date of the passage of this
date of annexation, whichever
T. PENALTY
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor,
and, upon conviction, shall be subject to a fine
of not more than than the maximum permitted by
state law. Each and every day a violation of the
provisions hereof is allowed to continue shall be
deemed a separate and distinct offense.
J. SEVERABILITY
It is hereby declared to be the intention of the
City Council that the sections, paragraphs,
sentences, clauses, and phrases are separable,
and, if any phrase, clause, sentence, paragraph,
or section of this ordinance shall be declared
unconstitutional or invalid by the valid judgment
or decree of any court of competent jurisdiction,
such unconstitutionality or invalidity shall not
affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this
ordinance, since the same would have been enacted
by the City Council without the incorporation in
this ordinance of unconstitutional or invalid
phrases, clauses, sentences, paragraphs, or
sections.
K. PUBLICATION
Publication shall be made one time in the official
publication of the City of Wylie, which
publication shall contain the caption stating in
substance the purpose of the ordinance.
L. EFFECTIVE DATE
This ordinance shall become effective immediately
upon its publication.
PASSED AND APPROVED BY THE CITY COUNCIL ON THIS trJo? /701
DA Y OF L--fi7!J!:l 1984
ATTEST:
AKIN, ;-'1AYOR
t?~~21J~)
Carol JOl)e
I
4
THE WYLIE NEWS
P. O. BOX 368
WYLIE, TEXAS 750M
STATE OF TEXAS ~
COUNI'Y OF COlLIN ~
Before me, the undersigned authority, on this day personally
appeared Margaret Cook, of the Wylie News, a newspaper
regularly published in Collin County, Texas and having general
circulation in Collin County, Texas, who being by me duly sworn
deposes and says that the forgoing attached T egal Noticp.
ordinance No. 84-27 was published in said
newspaper on the following dates, to wit: ,TmlP ?n 1984
,
and 1984.
day of
hand and seal
fO\\JA~t- OADI\.
-; Ui'
this the L~ /
, 1984, to certify which witness my
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~ ANGELACOM8EST
Serving Wideawake Wylie Since 1947
Page 2 . Section A - THE WYLIE NEWS. Wednesday, June 20, 1984
THE WYLIE NEWS It
/,,;;,~~1i~ ~';'$i~:rJ.:<'~'!"~''''i'''''b';j1':''
? '\
'"Legal Notice \
i;.~
ORDINANCE NO. 84-27
BEING AN OR
DINANCE OF THE cnn:
OF WYLIE, COLLIl\
COUNTY, TEXAS CON)"
TROLLING ANt
REGULATING j
JUNKY ARDS 01
SALVAGE YARDS, PRO
VIDING FOR A
LICENSE, PROVIDING
RULES AND REGULA
TIONS FOR CONTI
NUANCE OF OPERA
TION, PROVIDING Ai'
EFFECTIVE DATE
CONTAINING A
SEVERANCE CLAUSE
PROVIDING FOF
PENALTY AND PRO
VIDING FOR PUBLICA
TION.
K. PUBLICATION
Publication shall b,
~-
, made one time in the of
~
. ficial publication of the ci
,if
ii ty of Wylie, which publica
~ tion shall contain the cap
tion stating in substancl
.,;;~
, the purpose of the or
! I dinance.
.' L. EFFECTIVE DATE
This ordinance shal
"Right-Of- W ay'~.i.... become effective im
mediately upon its publica
continued from Page 1 tion.
tained but she declined and; PASSED AND APPROV
indicated that she would'~ ED BY THE CITY COUN
petition signatures and be \ CI~ ON THIS 22nd DA ~
at the next council ~ OF MAY, 1984.
meeting. { .
~he ordinance was pass- 1 John ~. Akm, Mayo
ed m February of 1979.~~,::,.~:OlY~, Jone
rJlUblic ~~ice4
USPS #626520
Devoted To The Best Interests Of Wylie Since 1947
"Our Job Is To Serve Responsibly, Constructively and Imaginatively"
THE WYLIE NEWS, INC., OWNERS
MAILING ADDRESS: P.O. Box 369, Wylie Texas, 75098
OFFICE: 114 West Oak Street; Phone 442-5515'
c. Truett Smith......................,............... Publisher
Scott Dorsey..,...,.,.,......,.,........,....."..,....... Editor
Martha Justice.....,..........,......,...... ,Office Manager
Elayne Mayes..,...................,.. .Advertising Manager
Margaret Cook........ .............., .Circulation Manager
Published every Thursday. Second Class postage paid at Wylie, Texas 75098.
Postmaster: Send address changes to P.O. Box 369, Wylie, Texas 75098.
Any erroneous reflections upon the standing, character, or reputation of any
person, firm or corporation which appears in the columns of THE WYLIE
NEWS wili be gladly corrected if brought to the attention of the editor.
,.. ..(
TDAS PRESS ASSOCIATION
.
MEMBER 1984
~Wandering-
: continued from Page 1
:. always saw to it that the
: service was above par.
: We extend best wishes
to Patry on his retire-
: ment. May your years
be enjoyable to the
'fullest! A new
:.restaurant has just
opened over the past
three weeks and one
: might think this is a
. common happening in
,Big D, but this is a bit
out of the ordinary
: because an extraodinary
; fellow happens to be the
. owner. We refer to Fran-
: co Bertolasi and his new
,Riveria Restaurant on
:Inwood Road. It's a
:delightfully attractive
:place, the food on our in-
itial visit was well un to
Pilkington -
continued from Page 1
the area.
Of the story of Cindy
Willjams Dr. Pilkington
says,"that was another
life. My challenge now is to
give this town, this county
and this hospital the best
of my ability and ex-
perience.
Rodeo Set At
Caddo Mills
There will be a CRA
Championship Rodeo on
June 21, 22 and 23 at Cad-
do Mills. The rodeo will
begin at 8:30 p.m. and is
sponsored by the Caddo
Mills FF A Parents and
Friends Club. It will be in
confunction with the an-
nual homecoming.
j
i
~I
, j
Lone Star Gas Company, in accordance with the Gl
Utility Regulatory Act, hereby gives notice of the Cor
pany's intent to implement a new main line extension ra
to be charged to residential and commercial consumers fl
main line extensions in the City of Wylie, Texas, effecth
July 2, 1984.
The rate schedule is not expected to directly increase I
decrease the Company's revenues from residential ar
commercial customers in the City of Wylie.
A Statement of Intent has been filed with the City I
. . ~-