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ABATEMENT OF PUBLIC NUISANCE ORDINANCE

THE STATE OF TEXAS

COUNTY OF ARANSAS

In the Commissioners Court, Aransas County, Texas, on this the / fOf aCl!"~~ , 19/7,the Commissioners Court of Aransas County, Texas, being in regular session at regular term of saidCourt, the following members thereof being present:

WILLIAM ADAMSOSCAR PINARUDYNAVAGLENN GUILLORYLARRY BARNEBEY

County JudgeCommissioner, Precinct No.1Commissioner, Precinct No.2Commissioner, Precinct No.3Commissioner, Precinct No.4

the following proceedings, among others, were had, to -wit:

WHEREAS, the Commissioners' Court finds and determines that trash, litter, junked vehiclesand junked mobile homes, boats, and abandon structures are detrimental to the public health, safetyand welfare of the residents of Aransas County, Texas.

WHEREAS, the Commissioners' Court finds and determines that this Order is necessary topromote health, safety, and welfare of the residents of Aransas County.

WHEREAS, the Corqrnissioners' Court desires to provide regulations to control the storage oraccumulation of litter, refuse, rubbish, abandoned vehicles, refrigerators, boats, stoves, furniture, tiresand cans in neighborhood areas or maintaining unsanitary or structurally unsafe buildings andpremises in unincorporated areas of Aransas County, providing for written notice to the owner, lesseeor occupant and calling for enforcement by the elimination, removal, repair, rehabilitation ordemolition of the building or nuisance including the right to a hearing before the Commissioners'Court or any commission, board or official designated by the Court for this purpose including a lienagainst the property if necessary for the costs of the abatement of the nuisance together with anyadministration fees allowed, repealing all conflicting orders, if any; providing for severability;providing for publication; and declaring an effective date.

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THEREFORE, upon motion by Judge William Adams, seconded by -

Commissioner Oscar Pina , IT IS ORDERED BY THE COMMISSIONERS' COURTOF ARANSAS COUNTY, TEXAS, THAT:

SECTION I. THE COUNTY OF ARANSAS HEREBY ADOPTS SECTIONS 343.001THROUGH 343.023 OF THE TEXAS HEALTH AND SAFETY CODE.

Section 343.002. Definitions.

In this chapter:(1) "Abate" means to eliminate by removal, repair, rehabilitation, or demolition.(2) "Building" means a structure built for the support, shelter, or enclosure of a

person, animal, chattel, machine, equipment, or other moveable property.(3) "Garbage" means decayable waste from a public or private establishment or

restaurant. The term includes vegetable, animal, and fish offal and animal and fishcareasses, but does not include sewage, body waste, or an industrial by-product.

(4) "Neighborhood" means:(A) a platted subdivision; or(B) property contiguous to and within 300 feet of a platted subdivision.

(5) "Platted subdivision" means a subdivision that has its approved or unapprovedplat recorded with the county clerk of the county in which the subdivision islocated.

(6) "Premises" means all privately owned property, including vacant land or abuilding designed or used for residential, commercial, business, industrial, orreligious purposes. The term includes a yard, ground, walk, driveway, fence,porch, steps, or other structure appurtenant to the property.

(7) "Public street" means the entire width between property lines of a road, street,way, thoroughfare, or bridge if any part of the road, street, way, thoroughfare, orbridge is open to the public for vehicular or pedestrian traffic.

(8) "Receptacle" means a container that is composed of durable material and designedto prevent the discharge of its contents and to make its contents inaccessible toanimals, vermin, or other pests.

(9) "Refuse" means garbage, rubbish, paper, and other decayable and nondecayablewaste, including vegetable matter and animal and fish carcasses.

(IO)"Rubbish" means nondecayable waste from a public or private establishmentor residence.

(11)"Weeds" means all rank and uncultivated vegetable growth or matter that: (A)has grown to more than 36 inches in height; or

(B) may create an unsanitary condition or become a harborage for rodents,vermin, or other disease-carrying pests regardless of the heights of theweeds.

(12) "Flea market" means an outdoor or indoor market, conducted on nonresidentialpremises, for selling secondhand articles or antiques, unless conducted by areligious, educational, fraternal, or charitable organization.

SECTION 343.011. Public Nuisance.

(a) A person may not cause, permit, or allow a public nuisance under this section on anypremIses.

(b) A public nuisance is:(1) keeping, storing, or accumulating refuse on premises in a neighborhood unless

the refuse is entirely contained in a closed receptacle;

(2) keeping, storing, or acclUllulatingrubbish, including newspapers, abandoned vehicles,refrigerators, stoves, furniture, tires, and cans, on premises in a neighborhood for 10days or more, unless the rubbish or object is completely enclosed in a building or isnot visible from a public street~

(3) maintaining premises in a manner that creates an unsanitary condition likely toattract or harbor mosquitoes, rodents, vermin, or disease-carrying pests~

(4) allowing weeds to grow on premises in a neighborhood if the weeds are locatedwithin 300 feet of another residence or commercial establishment~

(5) maintaining a building in a manner that is structurally unsafe or constitutes a hazard tosafety, health, or public welfare because of inadequate maintenance, unsanitaryconditions, dilapidation, obsolescence, disaster, damage, or abandonment or because itconstitutes a fire hazard~

(6) maintaining on abandoned and unoccupied property in a neighborhood aswimming pool that is not protected with:(A) a fence that is at least four feet high and that has a latchedgate that cannot be

openedby a child~or .(B) a oover over the entire swimming pool that cannot be removed by a child~or

(7) maintaining a flea market in a manner that constitutes a fire hazard.(8) discarding refuse or creating a hazardous visual obstruction on:

(A) county-owned land~or(B) land or easements owned or held by a special district that has the Commissioners

Court of the county as its governing body~or(9) discarding refuse on the smaller of~

(A) the area that spans 20 feet on each side of a utility line;or(B) the actual span of the utility easement.'Thissection does not apply to:

(1) a site or facility that is:(A) permitted and regulated by a state agency: or(B) licensed or permitted under Chapter 361: or

(2) agricultural land.(d) In Subsection with (c), "agricultural land" means land that qualifies for tax appraisal

under Subchapter C or D, Chapter 23, Tax Code.

(c)

Section 343.012. Criminal Penalty

(a) A person commits an offense if:0) the person violates Section 343.011 (a)~and

tit(2) the nuisance remains unabated after the 30 day after the date on which the

person receives notice from a county official, agent, or employee to abate thenUisance.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $50or more than $200.

(c) If it is shown on the trial of the defendant that the defendant has been previously convictedof an offenseunderthis section,the defendantis punishablebya fineof not lessthan $200or more than $1,000, confinement in jail for not more than six months, or both.

(d) Each day a violation occurs is a separate offense.(e) The court shall order abatement of the nuisance if the defendant is convicted of an offense

under this section.

Section 343.013. Injunction

(a) A county or district court may by injunction prevent or restrain a violation of this chapterin the unincorporated area of the county.

(b) A county or a person affected or to be affected by a violation under this chapter, includinga property owner, resident of a neighborhood, organization of property owners or residentsof a neighborhood, may bring suit under Subsection (a). If the court grants the injunction,the court may award the plaintiff reasonable attorney's fees and court costs.

Section 343.022. Abatement Procedures

(a) The abatement procedures adopted by the commissioners' court must be administered by aregularly salaried, full-time county employee, but the removal or demolition of thenuisance may be made by a person authorized by the person administering the abatementprogram.

(b) The abatement procedures must require that written notice be given to:(I) the owner, lessee, occupant, agent, or person in charge of the premises; and(2) the person responsible for causing a public nuisance on the premises when:

(A) that person is not the owner, lessee, occupant, agent, or person in charge ofthepremises;and .

(B) the-person responsible can be identified. .

(c) The notice must state:(I) the specific condition that constitutes a nuisance;(2) that the person receiving notice shall abate the nuisance before the 31st day after

the date on which the notice is served;(3) that failure to abate the nuisance may result in:

(A) abatement by the county;(B) assessment of costs to the person responsible for causing the nuisance when

that person can be identified; and(C) a lien against the property on which the nuisance exists, if the person

responsible for causing the nuisance has an interest in the property; and(4) that the person receiving notice is entitled to submit; before the 31sl day after the

date on which the notice is served, a written request for a hearing.(d) The notice must be given:

(I) by service in person or be registered or certified mail, return receipt requested; or(2) if personal service cannot be obtained or the address of the person to be notified is

unknown, by posting a copy of the notice on the premises on which the nuisanceexists and by publishing the notice in a newspaper with general circulation in thecounty two times within 10 consecutive days.

(e) The abatement procedures must require a hearing before the county abates the nuisance ifa hearing is requested. The hearing may be conducted before the commissioners' court orany board, commission, or official designated by the commissioners' court. Thecommissioners' court may designate a board, commission, or official to conduct suchhearing.

Section 343.023. Assessment.of Costs; Lien

(a) A county may:(I) assess the cost of abating the nuisance, the cost of legal notification by publication

and an administrative fee of not more than $100 on the person receiving noticeunder Section 343.022; orby resolution or order, assess the cost of abating the nuisance, the cost of legalnotification by publication, and an administrative fee of not more than $100against the property on which the nuisance exists.

(b) The county may not make an assessment against property unless the owner or owner'sagent receives notice of the nuisance in accordance with Section 343.022.

(c) To obtain a lien against the property to secure an assessment, the commissioners' court of

(2)

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the county must file a notice that contains a statement of costs, a legal description of theproperty sufficient to identify the property, and the name of the property owner, if known,with the county clerk of the county in which the property is located.

(d) The county's lien to secure an assessment attaches when the notice of lien is filed and isinferior to a previously recorded bona fide mortgage lien attached to the real property towhich the county's lien attaches, if the mortgage was filed for record in the office of thecounty clerk of the county in which the real property is located before the date on whichthe county files the notice of lien with the county clerk.

(e) The county is entitled to accrued interest beginning on the 31st day after the date of theassessment against the property at the rate of 10 percent a year.

(f) The statement of costs or a certified copy of the statement of costs is prima facie proof ofthe costs incurred to abate the nuisance.

Section 343.024. Authority to Enter Premises

(a) A county official, agent, or employee charged with the enforcement of health,environmental, safety, or fire laws may enter aily premises in the unincorporated area ofthe county at a reasonable time to inspect, investigate, or abate a nuisance or to enforcethis chapter.

(b) Before entering the premises, the official, agent, or employee must exhibit properidentification to the occupant, manager, or other appropriate person.

Chapter 343.025. Enforcement

A court of competent jurisdiction in the county may issue any order necessary to enforce thischapter.

SECTION 2. THE COUNTY OF ARANSAS HEREBY ADOPTS SECTIONS 365.011THROUGH 365.015 OF THE TEXAS HEALTH AND SAFETY CODE.

Section 365.011. Definitions

In this subchapter:(1) "Approved solid waste site," means:

(A) a solid waste site permitted or registered by the Texas Natural ResourceConservation Commission;

(B) a solid waste site licensed by a county under Chapter 361.; or(C) a designated collection area for ultimate disposal at a permitted or

licensed municipal solid waste site.(2) "Boat" means a vehicle, including a barge, airboat, motorboat, watercraft, or

sailboat, used for transportation on water.(3) "Commercial purpose" means the purposed of economic gain.(4) "Commercial vehicle" means a vehicle that is operated by a person for a

commercial purpose or that is owned by a business or commercial enterprise.(5) "Dispose" and "dump" mean to discharge, deposit, inject, spill, leak, or place litter

on or into land or water.(6) "Litter" means:

(A) decayable waste from a public or private establishment, residence, orrestaurant, including animal and vegetable waste material from a market orstorage facility handling or storing produce or other food market or storagefacility handling or storing produce or other food products, or the handling,preparation, cooking, or consumption of food, but not including sewage, bodywastes, or industrial by-products; or

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(B) nondecayable solid waste, except ashes, that consists of:(i) combustible waste material, including paper, rages, cartons, wood,

excelsior, furniture, rubber, plastics, yard trimmings, leaves, orsimilar materials;noncombustible waste material, including glass, crockery, tin oraluminum cans, metal furniture, and similar materials that do notburn at ordinary incinerator temperatures of 1800 degreesFahrenheit or less; and

discarded or worn-out manufactured materials and machinery,including motor vehicles and parts of motor vehicles, tires, aircraft,farm implements, building or construction materials, appliances,and scrap metal.

(7) "Motor vehicle" has the meaning assigned by Section 541.201, TransportationCode.

(8) "Public highway" means the entire width between property lines of a road, street,way, thoroughfare, bridge, public beach, or park in this state, not privately ownedor"COntrolled,if any part of the road, street, way, thoroughfare, bridge, publicbeach, or park;

(A) is opened to the public for vehicular traffic;(B) is used as a public recreational area; or(C) is under the state's legislative jurisdiction through its police power.

(9) "Solid waste" has the meaning assigned by Section 361.003.

(ii)

(iii)

Section 365.012. Illegal Dumping; Criminal Penalties

(a) A person commits an offense if the person disposes or allows or permits the disposal oflitter or other solid waste at a place that is not an approved solid waste site, including aplace on or within 300 feet of a public highway, on a right-of-way, on other public orprivate property, or into inland or coastal water of the state.

(b) A person commits an offense if the person receives litter or other solid waste for disposalat a place that is not an approved solid waste site, regardless of whether the litter or othersolid waste or the land on which the litter or other solid waste is disposed is owned orcontrolled by the person.

(c) A person commits an offense if the person transports litter or other solid waste to a placethat is not an approved solid waste site for disposal at the site.

(d) An offense under this section is a Class C misdemeanor if the litter or other solid waste towhich the offense applies weighs 15 pounds or less or has a volume of 13 gallons or less.

(e) An offense under this section is a Class B misdemeanor if the litter or other solid waste towhich the offense applies weighs more than 15 pounds but less than 500 pounds or has avolume of more than 13gallons but less than 100cubic feet.

(f) An offense under this section is a Class A misdemeanor if(I) the litter or other solid waste to which the offense applies weighs 500 pounds or

more or has a volume of 100 cubic feet or more; or(2) the litter or other solid waste is disposed for a commercial purpose and weighs

more than five pounds or has a volume of more than 13 gallons.(g) If it is shown on the trial of the defendant for an offense under this section that the

defendant has previously been convicted of an offense under this section, the punishmentfor the offense is increased to the punishment for the next highest category.

(h) On conviction for an offense under this section, the court shall provide to the defendantwritten notice that a subsequent conviction for an offense under this section

may result in the forfeiture under Chapter 59, Code of Criminal Procedure, of the vehicleused by the defendant in committing the offense.

(i) The offenses prescribed by this section include the unauthorized disposal of litter or othersolid waste in a dumpster or similar receptacle.

(j) This section does not apply to the temporary storage for future disposal of litter or othersolid waste by a person on land owned by that person, or by that person's agent. Thecommission by rule shall regulate temporary storage for future disposal of litter or othersolid waste by a person on land owned by the person or the person's agent.

(k) This section does not apply to an individual's disposal oflitter or other solid waste if(1) the litter or waste is generated on land the individual owns;(2) the litter or waste is not generated as a result of an activity related to a

commercial purpose;(3) the disposal occurs on land the individual owns; and(4) the disposal is not for a commercial purpose.

(1) A municipality or county may offer a reward of$50 for reporting a violation of thissection that results in a prosecution under this section.

Section 365.013. Rules and Standards; Criminal Penalty

(a) The Texas Board of Health shall adopt rules and standards regarding processing andtreating litter disposed in violation of this subchapter.

(b) A person commits an offense if the person violates a rule adopted under this section.(c) An offense under this section is a Class A misdemeanor.

Section 365.014. Application of Subchapter; Defenses; Presumptions

(a) This subchapter does not apply to farmers:(1) in handling anything necessary to grow, handle, and care for livestock; or(2) in erecting, operating, and maintaining improvements necessary to handle,

thresh, and prepare agricultural products or for conservation projects.(b) A person who dumps more than five pounds or 13 gallons of litter from a commercial

vehicle in violation of this subchapter is presumed to be dumping the litter for acommercial purpose.

(c) It is an affirmative defense to prosecution under Section 365.012 that:(1) the storage, processing, or disposal took place on land owned or leased by the

defendant;(2) the defendant received the litter from another person(3) the defendant, after exercising due diligence, did not know and reasonably

could not have known that litter was involved; and(4) the defendant did not receive, directly or indirectly, compensation for the

receipt, storage, processing, or treatment.

Section 365.015. Injunction; Venue; Recovery of Costs

(a) A district attorney, a county attorney, or the attorney general may bring a civil suit for aninjunction to prevent or restrain a violation of this subchapter. A person

affected or to be affected by a violation is entitled to seek injunctive relief to enjoin theviolation.

(b) Venue for a prosecution of a criminal offense under this subchapter or for a civil suit forinjunctive relief under this subchapter is in the county in which the defendant resides, thecounty in which the offense or violation occurred, or in Travis County.

(c) In a suit for relief under this section, the prevailing party may recover its reasonableattorney fees, court costs, and reasonable investigative costs incurred in relation to theproceeding.

SECTION 3 THE COUNTY OF ARANSAS HEREBY ADOPTS SECTIONS 683.011THROUGH 683.016 OF THE TEXAS TRANSPORTATION CODE

Section 683.011. Authority to Take Abandoned Motor Vehicle into Custody

(a) A law enforcement agency may take into custody an abandoned motor vehicle, watercraft,or outboard motor found on public or private property.

(b) A law enforcement agency may use agency personnel, equipment, and facilities orcontract for other personnel, equipment, and facilities to remove, preserve, and store anabandoned motor vehicle, watercraft, or outboard motor taken into custody by the agencyunder this subchapter.

Section 683.012. Taking Abandoned Motor Vehicle Into Custody: Notice

(a) A law enforcement agency shall send notice of abandonment to:(I) the last known registered owner of each motor vehicle, watercraft, boat, or outboard

motor taken into custody by the agency or for which a report is received under Section683.031; and

(2) each lienholder recorded under Chapter 50I for the motor vehicle or underChapter 31, Parks and Wildlife Code, for the watercraft or outboard motor.

(b) The notice under Subsection (a) must:

(1) be sent be certified mail not later than the 10thday after the date the agency:(A) takes the abandoned motor vehicle, watercraft, or outboard motor into

custody; or(B) receives the report under Section 683.031;

(2) specify the year, make, model, and identification number of the item;(3) give the location of the facility where the item is being held;(4) inform the owner and lienholder of the right to claim the item not later than the

20th day after the date of the notice on payment of(A) towing, preservation, and storage charges; or(B) garageket?per'scharges and fees under Section 683.032; and

(5) state that failure of the owner or lienholder to claim the item during the periodspecified by Subdivision (4) is:(A) a waiver by that person of all right, title, and interest in the item; and(B) consent to the sale of the item at a public auction.

(c) Notice by publication in one newspaper of general circulation in the are where the motorvehicle, watercraft, or outboard motor was abandoned is sufficient notice under thissection if(1) the identity of. the last registered owner cannot be determined;(2) the registration has no address for the owner; or(3) the determination with reasonable certainty of the identity and address ofall

lienholders is impossible.(d) Notice by publication:

(1) must be published in the same period that is required by Subsection (b)for notice bycertified mail and contain all of the information required by that subsection; and

(2) may contain a list of more than one abandoned motor vehicle, watercraft, oroutboard motor.

Section 683.013. Storage Fees.

A law enforcement agency or the agent of a law enforcement agency that takes into custody anabandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable storage fees:(1) for not more than 10 days, beginning on the day the item is taken into custody and

ending on the day the required notice is mailed; and(2) beginning on the day after the day the agency mails notice and ending on the day

accrued charges are paid and the vehicle, watercraft, or outboard motor is removed.

Section 683.014. Auction or Use of Abandoned Items; Waiver of Rights

(a) If an abandoned motor vehicle, watercraft, or outboard motor is not claimed under Section683.012:(1) the owner or lienholder:

(A) waives all rights and interest in the item; and(B) consents to the sale of the item by public auction; and

(2) the law enforcement agency may sell the item at a public auction or use the itemas provided by Section 683.016.

(b) Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper's lienshall be notified of the time and place of the auction.

(c) The purchaser of a motor vehicle, watercraft, or outboard motor:(1) takes title free and clear of all liens and claims of ownership;(2) shall receive a sales receipt from the law enforcement agency; and(3) is entitled to register the motor vehicle, watercraft, or outboard motor and receive

a certification of title.

Section 683.015. Auction Proceeds

(a) A law enforcement agency is entitled to reimbursement from the proceeds of the sale of anabandoned motor vehicle, watercraft, or outboard motor for:

(1) the cost of the auction;

(2) towing, preservation, and storage fees resulting from the taking into custody;and

(3) the cost of notice or publication as required by Section 683.012.(b) After deducting the reimbursement allowed under Subsection (a), the proceeds of the sale

shall be held for 90 days for the owner or lienholder of the vehicle.(c) After the period provided by Subsection (b), proceeds unclaimed by the owner or

lienholder shall be deposited in an account that may be used for the payment of auction,towing, preservation, storage, and notice and publication fees resulting from taking othervehicles, watercraft, or outboard motors into custody if the proceeds from the sale of theother items are insufficient to meet those fees.

(d) A municipality or county may transfer funds in excess of $1,000 from the account to themunicipality's or county's general revenue account to be used by the law enforcementagency.

Section 683.016. Law Enforcement Agency Use of Certain Abandoned Motor Vehicles

(a) The law enforcement agency that takes an abandoned motor vehicle into custody that isnot claimed under Section 683.012 may use the vehicle for agency purposes.

(b) The law enforcement agency shall auction the vehicle as provided by this subchapter if theagency discontinues use of the vehicle.

(c) This section does not apply to an abandoned vehicle on which there is a garagekeeper'slien.

(d) This section does not apply to a vehicle that is:(I) taken into custody by a law enforcement agency located in a county with a

population of2.4 million or more; and(2) removed to a privately owned storage facility.

SECTION 4 THE COUNTY OF ARANSAS HEREBY ADOPTS SECTIONS 396.001THROUGH 396.045 OF THE TEXAS TRANSPORTATION CODE

In this chapter:(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 wreckingthe vehicles to remove parts for sale or for use in an automotive repair orrebuilding business.

(2) "Junk" means copper, brass, iron, steel, rope, rages, batteries, tires, or othermaterial that has been discarded or sold at a nominal price by a previous owner ofthe material. The term does not include a wrecked vehicle.

(3) "Junkyard" means a place where a business that owns junk, and is operated tostore, buy, or sell junk, keeps all or part of the junk outdoors until the businessdisposes of the junk.

(4) "Recycling business" means a business primarily engaged in the business off (A)converting metal or other material into raw material products that have:

(i) prepared grades; and(ii) an existing or potential economic value;

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(B) using raw material products described by Paragraph (A) in theproduction of new products; or

(C) obtaining or storing metal or other material for a purpose described byParagraph (A) or (B).

(5) "Wrecked' vehicle" means a discarded, junked, damaged, or worn-out automotivevehicle that is not in a condition to be lawfully operated on a public road.

Section 396.021. Screening Requirements

(a) This section does not apply to:(1) an automotive wrecking and salvage yard as defmed by and subject to Chapter

397; (concerning a county with a population of two million or more)(2) ajunkyard as defined by Section 391.001 and subject to Subchapter E, Chapter

391; (located within 1,000 feet of an interstate highway)(3) a recycling business; or(4) ajunk¥ard or an automotive wrecking and salvage yard entirely in a municipality

and regulated by the municipality(b) a person who operates a junkyard or an automotive wrecking and salvage yard in a county

with a population of200,000 or less shall screen the junkyard or automotive wrecking andsalvage yard to at least six feet in height along the portion of the junkyard or automotivewrecking and salvage yard that faces a public road or residence. The person may screenthe yard by any appropriate means, including:(1) a fence;(2) natural objects; or(3) plants.

Section 396.022. Location of Yard

(a) A junkyard or an automotive wrecking and salvage yard may not be located within 50 feetof the right-of-way of a public street, state highway, or residence.

(b) A person may not accumulate or stack materials associated with a junkyard or anautomotive wrecking and salvage yard higher than eight feet about ground level.

(c) This section does not apply to a junkyard or an automotive wrecking and salvage yardused only for fann equipment.

Section 396.023. Effect of Local Ordinance

A person who operates a junkyard or an automotive wrecking and salvage yard, in screeningthe yard, shall comply, to the extent practicable, with an applicable ordinance adopted by a politicalsubdivision. .

Section 396.024. Penalty

(a) A person commits an offense if the person knowingly violates Section 396.021 or396.022.

;.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100or more than $500.

(c) Each day a violation continues is a separate offense.

Section 396.041 County License.

(a) This section does not apply to:(1) a recycling business~(2) a junkyard or automotive wrecking and salvage yard located entirely in a municipality

and subject to regulation by the municipality~or(3) ajunkyard or automotive wrecking and salvage yard in operation before June 1, 1987.

(b) To protect the public health, safety, or welfure, the commissioners court of a county mayby ordinance require a junkyard or automotive wrecking and salvage yard to be licensedby the county.

(c) An ordinance may:(1) impose a fee of $25-for the issuance or renewal of a license~(2) impose a fee of not more than $150 for the issuance of renewal of a license, if the

ordinance is adopted by the commissioners court of a county with a population ofone million or more that contains two or more municipalities, each of which has apopulation of 250,000 or more~

(3) condition the license on the operation of the junkyard or automotive wrecking andsalvage yard only at a location approved by the commissioners court~or

(4) establish grounds for suspending or revoking a license if the junkyard or automotivewrecking and salvage yard is not screened.

(d) The county shall deposit each license fee received to the credit of the county general fund.

Section 396.042. Public Hearing.

(a) Before adopting an ordinance under Section 396.041, the commissioners court must hold apublic hearing.

(b) any interested member of the public may appear and testify at the hearing about thesubject of the proposed ordinance.

Section 396.043. Notice of Hearing.

(a) The commissioners court shall:(I) post in a public place in the county courthouse a notice of the time, place and general

subject of the public hearing~and(2) publish the notice in a newspaper of general circulation in the county.

(b) The notice must be:(1) posted for the. 10 days preceding the date of the public hearing~and(2) published at least once a week for the three weeks preceding the week the public

hearing is held.

Section 396-044. Conflict With Other Laws.

If a requirement, standard, or condition established under this subchapter conflictswith another law of this state, a rule adopted under state law, or a municipal ordinance, thestricter of the two provisions prevails.

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Section 396.045. Penalty.

(a) A person commits an offense if the person violates an ordinance adopted under thissubchapter that defines an offense.

(b) An offense under this section is a misdemeanor punishable by a fine of not less that $100and not more that $500.

(c) Each day a violation continues is a separate offense.

SECTION 5. REPEAL OF CONFLICTING ORDERS

All orders or parts of Orders in conflict with this Order are repealed to the extent of suchconflict.

SECTION 6. SEVERABILITY

Ifany provision of this Order, or the application thereof to any person or circumstances, shallbe held invalid-or unconsti~tional by a Court of co.mpetentjurisdiction, such invalidity shallnot affect the other provisions, or application thereof, of this Order which can be given effectwithout the invalid provision or application, and to this end the provisions of this Order aredeclared to be severable.

SECTION 7. PUBLICATION

The County Clerk shall publish the caption or a descriptive title of this Order one time withinten (10) days after final passage of the Order in a newspaper of general circulation in theCounty of Aransas.

SECTION 8. DISTRIBUTION

That a certified copy of this Order shall be delivered to the Environmental Health Department,Sheriff, Criminal District Attorney, County Treasurer, Constables, and County Auditor ofAransas County, Texas, for their information and observance.

SECTION 9. EFFECTIVE DATE

The above and foregoing instrument passed by unanimous vote of the Commissioners' Courtof AransasCounty,Texas, this 13thday of December , 19~ and hereinafterhas the effect of the law.

",;' ,;;

~~ f/0tAJ'0 AR PINA,Commissioner Precinct No.1

ATfEST:

1j t,3-~~ f't.¥'aNSCl.s , CountyClerk

WILLIAM ADAMS,County Judge

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