Loading...
HomeMy WebLinkAboutOrdinance 1909 t ORDINANCE NO. L4 Qq AN ORDINANCE DEFINING MOTOR VEHICLE JUNK YARDS; PROVIDING FOR THE REGULA- TION AND OPERATION OF MOTOR VEHICLE JUNKYARDS; PROVIDING NO SUCH YARD SHALL BE ESTABLISHED OR MAINTAINED UNLESS A CERTIFICATE OF APPROVAL HAS BEEN OBTAINED FROM THE CITY COUNCIL AND A LICENSE PROCURED; REQUIRING APPLICATION FOR SUCH CERTIFICATE OF APPROVAL -ND HEARING THEREON; PRO- VIDING THAT OPERATION OR MAINTENANCE OF SUCH A PLACE WITHOUT A CERTIFICATE OF APPROVAL AND LICENSE SHALL FEE UN- LAWFUL; REQUIRING MOTOR VEHICLE JUNK YARDS TO BE INCLOSED .VITH A SIX (6) FOOT FENCE OR STRUCTURE; PROVIDING A LICENSE FEE OR POLICE TAX; PROVIDING THAT ALL ORDINANCES IN CONFLICT HERE- .VITH ARE HEREBY REPEALED; PROVIDING A SAVING CLAUSE; AND PROVIDING A PEN- ALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT NORTH, TEXAS: SECTION I. A motor vehicle junk yard or business is hereby defined as any business and any place of storage or deposit which displays, or in or upon which there are displayed, to view from a public highway, two (2) or more unregistered motor.vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste or discarded or second-hand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in bulk to two (2) or more motor vehicles. SECTION II. No motor vehicle junk yard or business shall be established or maintained in the City of Fort Worth unless a certificate of approval has been procured from the City Council and a license obtained from the City Tax Collector. SECTION III. Application for a certificate of approval shall be made to the City Council and shall set forth the name and address of applicant; the trade-name under which applicant does or proposes to do business; the location where said business is to be con- ducted; if applicant is a firm or corporation, its organization and personnel; the size of the territory applicant proposes to allot to such business; that the interests of the municipality require the establishing, operating or maintaining of such yard or business at the location designated; and any other information as may be required by the Gity Council, upon printed forms to be prepared under its 'direction and available at the office of the City Secretary. SECTION IV. The City Council shall make or cause to be made such inves- tigations as it may consider necessary, including any hearings that it may deem desirable, as to any application for such cer- tificate of approval, and shall determine whether or not, in the interest of the safety, health, decency, comfort, convenience, necessity and welfare of the inhabitants of the City of Fort Worth, a requirement for.the operation of such a business exists; whether or not the applicant is fit and proper to conduct such business, and may investigate the fitness of the stockholders and officers of any corporation making such application in determining whether or not a certificate should be issued, and the City Coun- cil, in considering such application, shall take into account the nature and development of surrounding property, the proximity of churches, schools, hospitals, public buildings and other places of public gathering, the sufficiency in number of such other yards or businesses in the vicinity, the health, safety and gen- eral welfare of the public and the suitability of the applicant to establish and maintain or operate such yard or business and receive a license therefor. SECTION V. If the City Council finds that the convenience, necessity, welfare and comfort of the public require the operation of a motor vehicle junk yard and that the applicant is fit to conduct the business and that the other requirements herein have been complied with, it shall notify the applicant of its findings. If it finds that the public convenience, necessity, welfare and comfort do not require the operation of such business in the lo- cation applied for or that the applicant is not fit to conduct such business, it shall forthwith refuse such application, and no certificate of approval or license shall issue to such appli- cant. Such certificate and license, when issued to an applicant, shall not be transferable without the consent and approval of the City Council had after application and hearing as provided upon original application by the person to whom the certificate is issued. SECTION VI. Upon presentation of said certificate of approval within thirty (30) days of its date and satisfactory evidence that all license fees have been paid the City of Fort Worth and that such other fees and taxes, including ad valorem taxes, as may be re- quired by law, have been fully paid, the City Tax Collector shall issue to applicant a license to operate a motor vehicle junk yard; provided, however, that any certificate issued hereunder shall be effective until cancelled and no additional certificate shall be required for the purpose of obtaining a license so long as the original certificate remains in effect and the applicant strictly complies with all the requirements and provisions of this ordi- nance. No license for the operation of a motor vehicle junk yard shall be issued unless and until the City Council has issued a certificate of approval under the terms and provisions of this ordinance. SECTION VII. It shall hereafter be unlawful for any person, firm or cor- poration to establish, operate or maintain such yard without pro- curing a certificate of approval and holding a license therefor, and each day of such operation without said certificate or li- cense shall constitute a separate offense. SECTION VIII. In order to defray a part of the expense necessary to pro- vide the surveillance, supervision and inspection of motor ve- hicle junk yards required under the terms and provisions of this ordinance, there is hereby fixed a license fee or police tax which shall be collected from any person, firm or corporation operating a motor vehicle junk yard in the City of Fort North, of Twenty-five Dollars ($25.00) per annum if the land used or to be used for such yard or business shall be one (1) acre or less and Fifty Dollars ($50.00) if such land shall be in excess of one. (1) acre. Upon receipt of such certificate of approval, the payment of the required license fee and observance of regulations required, such license Pet shall be issued by the City Tax Collector for a period of one year. The license fee or police tax herein pro- vided for may be renewed from year to year upon payment of the same fee as required for the original license. SECTION IX. Each motor vehicle junk yard in the City of Fort Worth shall be completely surrounded by a fence or structure at least six (6) feet in height and of material which obscures the outside view. SECTION X. This ordinance shall be and is hereby declared to be cumula- tive of all other ordinances of the City of Fort worth affecting traffic on its streets and shall not operate to repeal or affect any such ordinance or ordinances except in so far as the pro- visions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which in- stance or instances those provisions shall be and they are here- by repealed. SECTION XI. Should any section, article, provision or part of this ordi- nance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were uncon- stitutional at the time of the passage of this ordinance. SECTION XII. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not to exceed Two Hundred Dollars ($200.00), and each violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION XIII. This ordinance shall take effect and be in full force and ef- fect from and after the date of its passage and publication as provided by law. LEGALITY: y Attorney ORDINANCE No. Tide Date �—`— // 3 Filed day of ;,. ...r, City Secretary