Used automotive parts recyclers, automotive rebuilders and automotive repair facilities.
Houston Code of Ordinances § 8-30
in effectSec. 8-30. - Used automotive parts recyclers, automotive rebuilders and automotive repair facilities.
(a) Definitions:
Automotive business dealing in used parts and used accessories as used herein shall mean any lot or tract of land used for the purpose of carrying on the trade of a 'used parts and used accessories dealer,' as defined in this chapter.
Automotive rebuilder lot means any lot or tract of land used for the purpose of carrying on the trade of an 'automobile rebuilder,' as defined in this chapter.
Automotive repair facility as used herein shall mean any lot or tract of land used for the purpose of carrying on the trade of an 'automotive repair facility,' as defined in this chapter.
Solid as used herein in reference to a fence shall mean a fence constructed and maintained so that the outer surface thereof is continuous and without interstices, gaps, spaces or holes. This shall not be construed to prohibit any spaces or gaps left by a properly constructed and maintained chain link fence with strips or slats as hereinafter provided.
Stored as used herein shall mean placed on or left on property.
Used automotive parts recycler lot means any lot or tract of land used for the purpose of carrying on the business or trade of a 'used automotive parts recycler,' as defined in this chapter.
(b) Compliance. All lots and tracts of land used to carry on the business or trade of a used automotive parts recycler, an automotive rebuilder, an automotive repair facility, or an automotive business dealing in used parts and used accessories shall comply with the requirements of this section.
(c) Removal of flammable liquids from vehicles. All gasoline, gasohol, and diesel fuel shall be completely drained and removed from any junked, wrecked or abandoned automotive vehicle before the vehicle is placed in any used automotive parts recycler lot or lot operated by an automotive rebuilder or automotive repair facility in the city. All flammable liquids drained from any vehicle in the lot shall be stored in a safe manner and in strict accordance with the Fire Code of the city.
(d) Fencing wall requirements. Each area utilized to keep or store used automotive parts or used accessories by an automotive business dealing in used parts and used accessories or each area that is utilized for the keeping, storing, dismantling, cutting up, stripping or otherwise wrecking of any discarded, abandoned, junked, wrecked or otherwise disabled automotive vehicles upon any used automotive parts recycler lot, automotive rebuilder lot or any automotive repair facility within the city shall be completely surrounded and enclosed by a solid fence or wall as follows:
(1) Any side of the lot which extends generally parallel to, and within 100 feet of any public street right-of-way shall be bounded by a solid fence or wall at least eight feet in height.
(2) All sides of the lot not included in (d)(1) above shall be bounded by a solid fence or wall at least six feet in height.
(e) Construction, maintenance of fence or wall. Every fence or wall herein required shall be constructed and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link, or any combination thereof; provided, however, that any one side of a used automotive parts recycler's lot, automotive rebuilder's lot or automotive repair facility shall be bounded by a fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and shall test plumb and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions of the Construction Code.
(f) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by subsection (d) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if the wall or door meets all construction requirements set forth herein.
(g) Gates at openings in enclosure. Openings in the prescribed enclosure that are necessary to permit reasonable access to used automotive parts recyclers, automotive rebuilders, automotive repair facilities or automotive businesses dealing in used parts and used accessories shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements of this section for a fence or wall. Gates shall be closed and securely locked at all times, except during normal business hours.
(h) Use of premises outside enclosure. It shall be unlawful for any owner, operator, his agents or employees, to display, store or work on any junked or wrecked automotive vehicle, or the parts, accessories or junk therefrom outside of or above the herein required fence or wall. It is a defense to prosecution under this subsection that the actor has established and is using one unfenced rectangular area not exceeding ten feet by 100 feet in maximum dimensions upon the premises to display dismantled component parts or accessories for sale, which parts and accessories are stored and arranged in compliance with all other applicable provisions of this section. The display area authorized in the foregoing affirmative defense may also be utilized for the display for sale of whole motor vehicles, whether wrecked or damaged or not, provided that the operator of the premises also holds an automotive dealer's license for vehicle sales at the premises. Nothing in this subsection shall be construed to authorize the use of any public street or other public property for the sale or display of any merchandise in contravention of section 40-8 of this Code.
(i) Arrangements of vehicles, parts and materials.
(1) All automotive vehicles, parts and other materials located in or on the premises of any used automotive parts recycler, automotive rebuilder, automotive repair facility or automotive business dealing in used parts and used accessories in the city shall be arranged so as to allow reasonable access to, and inspection of, the premises by authorized fire, and police officials, the health officer, and the neighborhood protection official.
(2) All automotive vehicles, parts and materials stored in any used automotive parts recycler's lot, automotive rebuilder's lot, automotive repair facility, or automotive business dealing in used parts and used accessories must be stored at least six inches above the surface of the lot. A motor vehicle stored in its normal upright position shall be deemed to be stored in compliance with the foregoing requirement if all portions of the body floor plan of the vehicle are situated at least six inches above the lot surface, regardless of the height of wheels, tires, brake components, axles and suspension components that are attached in their normal manner to the vehicle and regardless of the height of wheels, tires or other devices used to elevate the vehicle.
It is an affirmative defense to prosecution under this item (2) that the vehicle's parts and materials were in process of disassembly and were situated within a 'disassembly area' designated on a used automotive parts recycler lot or automotive rebuilder lot pursuant to item (3), below, at the time of the alleged offense.
(3) Each duly licensed used automotive parts recycler or automotive rebuilder may file with the automotive board a plat or legal survey of its lot accurately setting forth under oath the dimensions and size of the lot exclusive of all covered improvements and out buildings utilized as part thereof and in connection therewith. The plat or legal survey shall also accurately depict all adjoining public thoroughfares. Each business filing a plat or legal survey may designate upon the plat or legal survey an accurately delineated open area not to exceed 20 percent of the unimproved area within the lot, or 21,780 square feet within the lot, whichever designation is smaller, as a "disassembly area." Upon approval of the plat or legal survey and designated 'disassembly area' by the automotive board, the duly licensed lot operator may use the area for the active disassembly of wrecked vehicles in the usual course of lot business. A true copy of the approved plat or legal survey and designated 'disassembly area' shall be displayed at all times upon the premises of business for review by any peace officer of the State of Texas or the neighborhood protection official of the city.
(j) Control of vegetation. It shall be unlawful for the owner or operator of a used automotive parts recycler lot, automotive rebuilder lot, automotive repair facility or automotive business dealing in used parts and used accessories to allow grass or other vegetation to grow to a height of more than nine inches above the ground.
(k) Watershed. No used automotive parts recycler lot, automotive rebuilder lot, automotive repair facility or automotive business dealing in used parts and used accessories shall be located on top of a watershed.
(l) Compliance with regulations and ordinances. All used automotive parts recycler lots, automotive rebuilder lots, automotive repair facilities and automotive businesses dealing in used parts and used accessories must at all times be in full compliance with all city ordinances regarding health and safety, including specifically without limitation, all requirements of the Fire Code, and with state regulations regarding hazardous waste disposal including requirements promulgated by the Texas Commission on Environmental Quality.
(m) Improved surface. All portions of lots or tracts of land used in the operation of a used automotive parts recycler lot, automotive rebuilder lot, an automotive repair facility or an automotive business dealing in used parts and used accessories must have an all-weather surface of concrete, asphalt, blacktop, stone, macadam, limestone, iron ore, brick pavers, gravel or shale of such composition and drainage as to enable the safe and effective movement of motor vehicles upon all portions of the lot, both under their own power and under tow, at all times regardless of prevailing weather conditions.
(n) Violations and penalties. Failure by any person to comply with any provision of this section shall be grounds for the revocation of, or the refusal to issue or renew, any license required of the owner or operator of a used automotive parts recycler lot, an automotive rebuilder, automotive repair facility or an automotive business dealing in used parts and used accessories under this Code. It shall be unlawful for any person to fail to comply with any applicable provision of this section.
(o) Vehicles stored less than 30 days for repairs. For automotive repair facilities it is an affirmative defense to prosecution under subsections (c) and (d), above, that a wrecked or disabled vehicle stored thereupon is owned by a person other than the owner of the automotive repair facility, is being stored at the automotive repair facility for the purpose of its repair there and that the vehicle has been stored there for 30 days or less at the time of the alleged offense.
(Code 1968, § 8-27; Ord. No. 82-2038, § 2, 12-22-82; Ord. No. 85-2216, §§ 4, 5, 12-26-85; Ord. No. 87-1195, § 4, 7-8-87; Ord. No. 88-1370, §§ 1, 2, 8-10-88; Ord. No. 90-635, §§ 18-C, 18-D, 5-23-90; Ord. No. 93-514, §§ 17, 18, 5-5-93; Ord. No. 93-1574, § 5, 12-8-93; Ord. No. 94-674, §§ 7, 8, 7-6-94; Ord. No. 98-613, § 20, 8-5-98; Ord. No. 02-399, § 20, 5-15-02; Ord. No. 02-676, § 3, 7-17-02; Ord. No. 2013-1209, § 6, 12-18-2013; Ord. No. 2015-820, § 9, 8-26-2015)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH8AUDEAUWR_ARTIIAUDE_DIV1GE_S8-30USAUPAREAUREAUREFAFetched: 10/26/2026