OPERATIONAL RULES AND REGULATIONS

Houston Code of Ordinances ch. 7, art. III, div. 3

in effect

Houston Code of Ordinances § 7-56 Payment by metal recyclers.

Sec. 7-56. - Payment by metal recyclers. (a) A metal recycler may pay for a purchase of regulated material only by: (1) Cash if: a. The seller has been issued a cash transaction card under section 7-57 of this Code, unless the metal recycler is prohibited from paying cash under section 1956.038(b) of the Texas Occupations Code; or b. The transaction is a business to business transaction; (2) Debit card if: a. The seller has been issued a cash transaction card under section 7-57 of this Code; or b. The transaction is a business to business transaction; (3) Check; (4) Money order; or (5) Direct deposit by electronic funds transfer. (b) A metal recycler may pay for a purchase of non-regulated material by cash, check, money order or direct deposit by electronic funds transfer. (c) It shall be unlawful for a metal recycler to: (1) Cash a check or money order issued to a seller by a metal recycler; or (2) Allow any person or entity on the property of the metal recycler to cash a check or money order issued to a seller by a metal recycler. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-57 Cash transaction card; application; issuance and use.

Sec. 7-57. - Cash transaction card; application; issuance and use. (a) With the exception of business to business transactions, a metal recycler may pay a seller for a purchase of regulated material by cash or debit card only if, before the metal recycler issues payment: (1) The seller presents to the metal recycler a valid cash transaction card issued by the metal recycler or by another metal recycler located in this state; or (2) The metal recycler obtains a copy of the seller's cash transaction card from the records of the metal recycler. (b) An application for the issuance or renewal of a cash transaction card must include: (1) The name, address, sex, and birth date of the applicant; (2) The identification number from the applicant's personal identification document; (3) A color digital photograph that accurately depicts the applicant's entire face taken at the time the applicant completes the application; (4) A clear and legible thumbprint of the applicant; and (5) The signature of the applicant. (c) On receipt of an application that contains the information required by subsection (b) above, a metal recycler may approve the application and issue a cash transaction card to the applicant in accordance with subsection (e) of this section. The individual approving the application on behalf of the metal recycler must sign the application. (d) A cash transaction card must be laminated or made of a rigid plastic or other durable material that will preserve the legibility of the information on the card, completed in legible print in English, and include the following information: (1) The name and address of the seller; (2) The name, address, and state registration number of the metal recycler that issued the cash transaction card; (3) A color digital photograph of the seller that accurately depicts the seller's entire face; (4) An identifying number that is unique to the individual card; and (5) The expiration date of the card, which may not be later than two years from the date the card was issued or renewed. (e) A metal recycler must mail the issued cash transaction card to the address provided on the application for the card. (f) A cash transaction card issued under this section is not transferable. (g) Subsequent to issuing the cash transaction card as provided in subsection (e) above, a metal recycler may maintain or obtain possession of the cash transaction card. However, it is unlawful for a metal recycler to maintain or obtain possession of a cash transaction card issued by another metal recycler under this section. (h) A metal recycler shall preserve each application for a cash transaction card the metal recycler receives until the second anniversary of the date the application was received and a copy of each cash transaction card the metal recycler issues or renews until the second anniversary of the date the card was issued or renewed. (i) A cash transaction card issued under Chapter 1956 of the Texas Occupations Code, as may be amended from time to time, shall be deemed equivalent to the cash transaction card required under this article of the Code. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-58 Records required to be kept by metal recyclers.

Sec. 7-58. - Records required to be kept by metal recyclers. (a) Records of public transactions. With the exception of the sale or transfer of aluminum cans, a metal recycler shall keep at his place of business a record in an electronic database or a real-time electronic web-based database, in a form and method approved by the chief of police, in which he shall enter daily, in English, a full description of all public transactions in which materials are purchased or otherwise received at his place of business. Such description shall include: (1) The date and time of receipt of any item and the amount paid for the item; (2) The full name and current address of the person or place of business from whom each item was purchased or received; (3) A clear thumbprint impression of the person from whom each item is received. The thumbprint impression shall be excluded from the requirement for electronic transmission set forth in subsection (b) of this section but shall be maintained by the metal recycler for not less than two years from the date of receipt and made available to the director and any peace officer upon request; (4) Evidence that the person transferring, selling or otherwise giving the items is at least 18 years of age by presentation of valid identification that includes a photograph of the person's face, in the form of either: a. A current driver's license or identification card issued by the Texas Department of Public Safety or another state within the United States; or b. A United States military identification card; (5) A description of the motor vehicle and/or trailer or other mode of transportation in or on which each item purchased or received was carried to, delivered or transported to the metal recycler's place of business, including the license plate number, the name of the state issuing the license plate, and the make, model and color of the vehicle, if applicable; (6) The individual transaction number assigned by the metal recycler to each transaction; (7) A description of each of the items received as part of the transaction including, where customary in the business, the size, weight, material, length, capacity, and any other designations or descriptions customarily employed in the sale and purchase of such items; (8) A digital photograph of sufficient quality to enable the identification of each item received; (9) If the item received is a junked, abandoned or wrecked automotive vehicle, documentation of ownership and any other information required for receipt of such vehicles as provided in state or federal laws or regulations and any provision of this Code; (10) The name or employee number of the metal recycler's employee who facilitates or conducts the transaction; (11) Whether the person from whom each item was purchased or received either: a. Presented a written document evidencing that the person is the legal owner or is lawfully entitled to sell or otherwise transfer the item; or b. Signed a written statement that the person is the legal owner of or is lawfully entitled to sell or otherwise transfer the item; (12) A digital photograph of sufficient quality taken at the time of the transaction that accurately depicts the entire face of the person transferring, selling or otherwise giving the item; (13) A copy of the seller's cash transaction card or approved application for a cash transaction card if the metal recycler paid for items purchased by cash; (14) A copy of the debit card receipt and the seller's cash transaction card or approved application for a cash transaction card if the entity paid for items purchased by debit card; (15) A copy of the check if the metal recycler paid for items purchased by check; (16) The serial or heat number of any item purchased or received as required by rule or regulation promulgated pursuant to section 7-53 of this Code; (17) A copy of a valid city-issued or state-issued construction, demolition, electrical, plumbing or heating, ventilation, or air conditioning (HVAC) permit or license for transactions in which the person seeking to sell or otherwise transfer items does so in the ordinary course of the person's business; and (18) Any other information that the chief of police may reasonably require as set forth in the administrative rules and regulations pursuant to section 7-53 of this Code. (b) Reporting of public transactions. The real-time electronic web-based database described in subsection (a) of this section shall be created and maintained by the police department. The metal recycler shall forward the required record and descriptions set forth in subsection (a) of this section for all public transactions in an electronic format to the designated police department web site before the close of business on each day on which the metal recycler is open for business. (c) Records of business to business transactions. A metal recycler shall keep at his place of business a record in an electronic database or the real-time electronic web-based database as described in subsection (a) of this section a full description of all business to business transactions in which materials are purchased or otherwise received at his place of business. Such description shall include: (1) The date and time of receipt of any item; (2) The full name of the authorized personnel and the address of the place of business from whom each item was purchased or received; (3) The individual transaction number assigned by the metal recycler to each transaction; (4) A description of each of the items received as part of the transaction including, where customary in the business, the size, weight, material, length, capacity and any other designations or descriptions customarily employed in the sale and purchase of such items; (5) A digital photograph of sufficient quality to enable the identification of each item received with the exception of material transported by commercial vehicle, of which the entire load inside the trailer or the loaded trailer on the scale shall be photographed; (6) The name or employee number of the metal recycler's employee who facilitates or conducts the transaction; (7) A copy of a valid city-issued or state-issued construction, demolition, electrical, plumbing or heating, ventilation, or air conditioning (HVAC) permit or license for transactions in which the person seeking to sell or otherwise transfer items does so in the ordinary course of the person's business; and (8) Any other information that the chief of police may reasonably require as set forth in the administrative rules and regulations pursuant to section 7-53 of this Code. (d) Business to business transactions not required to be reported. A metal recycler shall not be required to forward to the real-time electronic web-based database as described in subsection (a) of this section the following information: (1) The record and description of business to business transactions as described in subsection (c) of this section; and (2) Material a metal recycler receives from a company at a location other than the metal recycler's place of business. (e) Receipts. A metal recycler shall provide a consecutively numbered receipt to each seller or transferor of items, including the authorized personnel for a business to business transaction. Such receipt shall be dated on the actual date of the transaction and shall list the items sold or otherwise transferred. A printed version of the record input to an electronic database or input and transmitted to the real-time electronic web-based database as described in this section shall satisfy this requirement. An accurate copy or record of receipts provided shall be retained for a period of not less than three years from the date of the transaction. (f) Authorized personnel records. A metal recycler shall maintain a written designation from a company with which the metal recycler engages in business to business transactions that occur at the metal recycler's place of business. The written designation must contain the name of the individual(s) serving as the company's authorized personnel and is valid for a 12- month period after the date provided on the designation unless, prior to the expiration of the 12-month period, the company designates new authorized personnel and submits that change in writing to the metal recycler. The written designation must: (1) Be dated; (2) Contain the first and last name of the individual(s) designated as the authorized personnel; (3) Be updated by the company annually; and (4) Be maintained by the metal recycler for a period of not less than three years from the date that appears on the designation. (g) Requirements for a business to business transaction. To be deemed a business to business transaction, the name of the person from whom the item(s) is received at the metal recycler's place of business must be listed as authorized personnel on a written designation and that designation must be valid as of the date of the business to business transaction. The following transactions will not be considered business to business transactions and must be recorded as public transactions as required in subsection (a) of this section and forwarded to the real-time electronic web-based database as required by subsection (b) of this section: (1) Transactions involving an individual whose name is not listed as authorized personnel on a written designation from the company of which the individual claims to be acting on its behalf; and (2) Transactions involving an individual whose name does appear as authorized personnel on a written designation from the company of which the individual claims to be acting on its behalf, but for which the written designation has expired. (h) Inspection. A metal recycler shall, upon request, submit and exhibit for inspection or copying by any peace officer or inspector authorized by the director all business records that are required to be maintained under this section. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-59 Stock to be open for examination.

Sec. 7-59. - Stock to be open for examination. The stock or inventory of any metal recycler shall be accessible for examination by any peace officer or inspector authorized by the director at any time during ordinary business hours. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-60 Hold period; exceptions.

Sec. 7-60. - Hold period; exceptions. (a) Except as provided in subsection (b) of this section and the administrative rules and regulations promulgated pursuant to section 7-53 of this Code, it is unlawful for a metal recycler to sell, dismantle, deface or in any manner alter or dispose of any material purchased or otherwise received at the metal recycler's licensed place of business for 72 hours after receipt, excluding weekends and holidays, provided that the metal recycler shall not be required to keep aluminum cans for more than 24 hours. During the 72-hour period, all items shall be stored or displayed at the metal recycler's business location, in the exact form received, and in a manner so as to be identifiable from the description entered in the real-time electronic web-based database described in section 7-58 of this Code. Such property shall not be kept in such a manner so as to prevent or impede its examination. (b) A metal recycler is not required to comply with subsection (a) of this section if: (1) The transaction by which the material was acquired is a business to business transaction properly recorded as required by section 7-58 of this Code; (2) The metal recycler verifies that the person seeking to sell or otherwise transfer the items has one of the following licenses or permits to establish that he is a manufacturing, industrial, commercial, retail, or other seller that sells the items in the ordinary course of its business: a. A valid city-issued or state-issued metal recycler license, which the metal recycler shall record by photocopying the license or recording the license number in connection with the sale and maintain for a period of not less than two years from the date of the transaction; or b. A valid city-issued or state-issued construction, demolition, electrical, plumbing or heating, ventilation, or air conditioning (HVAC) permit or license, which the metal recycler shall record by photocopying the permit or license or recording the project number located on the permit or license in connection with the sale and maintain for a period of not less than two years from the date of the transaction; or (3) The material received by the metal recycler is tin or household appliances. (c) Notwithstanding any provisions of this section, a peace officer who has reasonable suspicion to believe that an item or material in the possession of a metal recycler is stolen may place the item on hold in the manner provided by section 7-63 of this Code or Section 1956.037 of the Texas Occupations Code or any amendment thereof. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-61 Purchasing or receiving goods from minors.

Sec. 7-61. - Purchasing or receiving goods from minors. (a) No metal recycler shall purchase or otherwise receive in the course of his business, any item, ownership of which is claimed by any minor, or which is in the possession of or under the control of a minor, unless: (1) The minor is accompanied by his parent or guardian, who shall state in writing, that such transaction is taking place with the parent's or guardian's full knowledge and consent; or (2) The only items offered for sale by the minor are aluminum cans. (b) It shall be the duty of a metal recycler to preserve and keep on file and available for inspection such written statements of consent for a period of not less than two years from the date of the transaction. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-62 Change in business name, address or operations.

Sec. 7-62. - Change in business name, address or operations. (a) Should any metal recycler change the name of his business, the metal recycler shall notify the director within ten calendar days following the effective date of the change and shall provide documentation satisfactory to the director reflecting the new business name, including but not limited to, a certificate of assumed name or a certificate of status issued by the Texas Office of the Secretary of State and a certificate of account status from the Texas Comptroller of Public Accounts. The director shall issue a new license reflecting the new business name and the metal recycler must surrender the original license to the director at the time the new license is issued to the metal recycler. (b) Should any metal recycler change the structure of its business organization, including, but not limited to, any change to the type of business organization under which the metal recycler is organized, the on-site representative, a proprietor, or in the case of a privately-held legal entity, a change of the holders of 50 percent or more of the ownership interest as shown on the license application, then the license shall be null and void unless a new application is made to the director for a new license and the full license fee is paid within ten calendar days following the effective date of the change. The metal recycler must surrender the original license to the director at the time a new license is issued to the metal recycler. (c) Should any metal recycler move his place of business from the place designated in such license to a new address, he shall not operate as a metal recycler at the new address until: (1) The metal recycler makes application to the director for a new license and pays the full license fee; (2) The director determines that the requirements for the issuance of a license as set forth in section 7-55 of this Code are met; (3) The director issues a new license reflecting the new business address; and (4) The metal recycler surrenders the original license to the director at the time a new license is issued to the metal recycler. (d) Should any metal recycler make the following changes in its operations, the metal recycler shall notify the director within ten calendar days following the effective date of the change: (1) Exclude purchases from individuals, allowing only business to business transactions; or (2) Expand purchases from solely business to business transactions to include purchases from individuals. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-63 Acceptance of property suspected stolen; peace officer requested holds.

Sec. 7-63. - Acceptance of property suspected stolen; peace officer requested holds. (a) It shall be the duty of every metal recycler to report immediately to the police department, by filing a formal complaint, any offer to sell to the metal recycler property that the metal recycler has actual knowledge or a reasonable belief is stolen, together with the identity, when known, and description of the person or persons making such offer. A metal recycler shall also report to the police department, by filing a formal complaint, any property acquired by the metal recycler that the metal recycler subsequently determines or reasonably suspects to be stolen property and shall furnish such other information as might be helpful to the police department in investigating the matter. (b) Notwithstanding the provisions of section 7-60 of this Code, it shall be the duty of every metal recycler to hold all suspected stolen property in a secure place on its business premise for 60 days upon request by a peace officer. The metal recycler may not process or remove the property from the secure place on its business premise before the 60th day after receipt of the request from a peace officer to hold the property unless: (1) The item is released into a peace officer's care, custody and control at an earlier time; (2) A peace officer releases the hold on the property upon an earlier date; or (3) A court orders release of the property. (c) Upon receipt of a written request from a peace officer, a metal recycler may be requested to hold all suspected stolen property in a secure place on its business premise for more than 60 days. A peace officer may request to extend the holding period for up to 24 months from the date the request is received. During this extended holding period, the metal recycler may not process or remove the property from the secure place on its business premise. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-63.1 Purchase of catalytic converters.

Sec. 7-63.1 - Purchase of catalytic converters. (a) It shall be unlawful for any individual or entity other than a metal recycler or other person described by section 1956.123 of the Texas Occupations Code to possess a used catalytic converter that was cut from its original vehicle, rather than unbolted, unless the individual or entity provides the applicable information under subsection (b) of this section. Each catalytic converter in an individual or entity's possession shall constitute a separate offense. (b) Individuals, except those described in section 1956.123 of the Texas Occupations Code, must provide: (1) The year, make, model and vehicle identification number for the vehicle from which the catalytic converter was removed; (2) A copy of the certificate of title or other documentation indicating that the person has an ownership interest in the vehicle from which the catalytic converter was removed; and (3) Any other information required by chapter 1956 of the Texas Occupations Code. (Ord. No. 2022-341, § 3, 5-4-2022; Ord. No. 2024-218, § 2, 4-10-2024)

Houston Code of Ordinances § 7-64 Government or utility property.

Sec. 7-64. - Government or utility property. (a) It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property, including but not limited to, street signs, traffic signals, manhole covers, road and bridge guard rails, street light poles and fixtures on which are written or affixed the words "City of Houston" or other words or markings demonstrating ownership by the city except in the following circumstances: (1) Where the person offering such property for sale is an employee of the city authorized in writing by his department director to make such a sale and provides the metal recycler with written authorization from the director to sell such property; or (2) Where the person offering such property for sale presents at the time of the offer appropriate documentation from the city evidencing the purchase of the property by the person offering to sell the property. (b) It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property that is marked with any form of the name or initials of a governmental agency, including but not limited to, the State of Texas, the United States and any agencies and political subdivisions thereof, or that the metal recycler knows or should reasonably know belongs to a governmental agency, including but not limited to, street signs, traffic signals, manhole covers, road and bridge guard rails, street light poles and fixtures, except: (1) Where the person offering such property for sale is an employee of the governmental agency authorized by that agency to make such a sale and provides the metal recycler with a written authorization from the agency for the sale of such property; or (2) Where the person offering such property for sale presents at the time of the offer appropriate documentation from the governmental agency evidencing the purchase of the property by the person offering to sell the property. (c) It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property that is marked with any form of the name or initials of an electrical, telephone, cable, or other public utility company or that the metal recycler knows or should reasonably know belongs to a public utility company unless the person offering such property for sale presents at the time of the offer to sell the property appropriate documentation from the public utility company evidencing the person's authorization to sell the property. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-65 Acceptance of property in original packaging.

Sec. 7-65. - Acceptance of property in original packaging. It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property in its original packaging unless the person offering such item presents a receipt or proof of purchase for that property. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-66 Acceptance of property inscribed with company name.

Sec. 7-66. - Acceptance of property inscribed with company name. It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property that is marked with any form of the name or initials of a private company or that the metal recycler knows or should reasonably know belongs to a private company unless the person offering such property for sale presents at the time of the offer to sell the property a written and signed statement from the seller attesting to lawful ownership of the property, a receipt from the lawful owner, or a written, signed statement from the lawful owner of the property providing that the seller has authorization to sell or otherwise transfer that property. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-67 Acceptance of property delivered by shopping cart.

Sec. 7-67. - Acceptance of property delivered by shopping cart. It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive property that is transported to the metal recycler's place of business by a shopping cart that is marked with any form of the name or initials of a private company or that the metal recycler knows or should reasonably know belongs to a private company unless the person operating the shopping cart presents at the time of transportation of the property to the metal recycler appropriate documentation evidencing the purchase or other lawful transfer of the shopping cart by or to the person operating the shopping cart. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-68 Acceptance of air conditioning unit parts and burned insulated wire.

Sec. 7-68. - Acceptance of air conditioning unit parts and burned insulated wire. (a) It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive any central air conditioning unit parts from any person offering such property for sale unless the person presents: (1) A valid city-issued or state-issued HVAC permit or a permit issued by the city to a homeowner for the installation, alteration, or repair of an air-conditioning system at a particular address. This provision shall not apply to window air conditioning units; (2) A receipt, bill of sale, or other documentation showing that the seller purchased the central air conditioning unit parts the seller is attempting to sell; or (3) A receipt, bill of sale, or other documentation showing that the seller has purchased a replacement central heating or air conditioning unit. (b) It shall be unlawful for any metal recycler or his agents or employees acting on his behalf to purchase or receive from any person any insulated wire that has been burned wholly or partly to remove the insulation unless the person offering the insulated wire presents appropriate documentation that shows that the insulated wire was salvaged from a fire. (c) The provisions of this section shall not apply to a metal recycler's purchase or receipt of window air conditioning units. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-69 Inspections.

Sec. 7-69. - Inspections. (a) The chief of police or his designee is hereby authorized and directed to conduct inspections on an applicant or metal recycler's place of business as necessary or desirable to determine satisfactory compliance with this article and all other applicable ordinances and laws. (b) Each metal recycler's place of business shall be subject to periodic inspections to determine compliance with the requirements of this article or applicable rules and regulations. (c) In consideration for the payment of the license fee required for this provision in the city fee schedule, an applicant shall be entitled to an initial inspection of the applicant's proposed place of business and, if necessary, one reinspection to verify corrections of any deficiencies noted in the initial inspection. An additional fee, as stated for this provision in the city fee schedule, is hereby imposed and shall be collected from each applicant who requests in writing a second reinspection to verify corrections of deficiencies noted in the first reinspection. Failure to pass the second reinspection is grounds for the denial of a license required under this article. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

Houston Code of Ordinances § 7-70 Operation of yards used by a metal recycler; hours for purchasing materials.

Sec. 7-70. - Operation of yards used by a metal recycler; hours for purchasing materials. (a) Compliance. All lots or tracts of land owned, used or operated within the city by a metal recycler for the following purposes shall comply with all city ordinances including this Code, and specifically section 28-34 of this Code: (1) To store loose or bailed inventory outside of an enclosed structure; (2) To store equipment outside of an enclosed structure; or (3) To process scrap metal outside of an enclosed structure. (b) Removal of flammable liquids from vehicles. All gasoline, gasohol, diesel fuel or other flammable liquids shall be completely drained and removed from any junked, wrecked or abandoned automotive vehicle before the vehicle is placed in any lot or tract of land described in subsection (a) of this section. All flammable liquids drained from any vehicle shall be stored in a safe manner and in strict accordance with the Fire Code. (c) Fencing, wall requirements. Every lot or tract of land described in subsection (a) of this section shall be completely surrounded and enclosed by a solid fence or wall as follows: (1) All fences or walls must be at least six feet in height. (2) The term "solid" as used in this section shall mean constructed and maintained so that the outer surface 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 provided in this section. (d) Construction, maintenance of fence or wall. Every fence or wall required in this section shall be constructed and maintained in good repair 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 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. (e) Use of wall, door of structure as part of fence or wall. Any part of a fence or wall required by subsection (c) of this section may consist, in whole or in part, of a solid wall and door, or walls and doors of any completely enclosed structure on said premises, if such wall or door meets all construction requirements set forth in subsection (d) of this section. (f) Gates at openings in enclosure. Openings in the enclosed fence or wall which are necessary to permit reasonable access to a lot or tract of land shall be equipped with a gate or gates, constructed and maintained in accordance with the requirements for a fence or wall described in subsection (d) of this section. Such gates shall be closed and securely locked at all times except during normal business hours. (g) Use of premises outside enclosed fence or wall. It shall be unlawful for a metal recycler to display, store or work on any junked or wrecked automotive vehicle, home appliances, or any parts, accessories or junk thereof or any other new or used metal materials outside of the fence or wall required in this section. (h) Arrangement of materials. All automotive vehicles, parts and other materials located in or on any lot or tract of land described in subsection (a) of this section shall be so arranged to allow reasonable access to, and inspection of, the premises at any time during ordinary business hours by authorized representatives of the city's fire, health and police departments and the department of neighborhoods. No materials shall be stored at a height greater than six feet within ten feet of the fence required in this section. (i) Control of vegetation. It shall be unlawful to allow grass or other vegetation to grow to a height of more than nine inches above the ground in any lot or tract of land described in subsection (a) of this section. (j) Improved surface. All lots or tracts of land described in subsection (a) of this section shall have an all-weather surface of concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, slag or other hard fill surface and appropriate drainage. This subsection shall not include those areas of a yard which are utilized for purposes of inventory storage and processing. (k) Vector and rodent control. Any materials stored on a lot or tract of land described in subsection (a) of this section must be stored in a manner that will allow adequate vector and rodent control measures. A metal recycler shall provide for vector and rodent control at least once within a 90-day period or more frequently as needed. (l) Hours of operation. A metal recycler may only purchase scrap metal from the general public on Monday through Saturday between the hours of 6:00 a.m. and 7:00 p.m. (Ord. No. 2016-964, § 4(Exh. A), 12-7-2016)

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_CH7ANDECOMASCMEPRSEREREBU_ARTIIIMERE_DIV3OPRUREFetched: 10/26/2026