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OR 2004-1068 Allowable fencing materialsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2004-1068 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, ARTICLE 9-2 FENCE REGULATIONS AMENDING THERETO SECTION 9-2.7 MATERIALS TO PROVIDE FOR ALLOWABLE FENCING MATERIALS AND TO PROHIBT CERTAIN FENCING MATERIALS IN RESIDENTIALLY ZONED DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be amended by amending Chapter 9, Article 9-2, Section 9-2.7 Materials, to read as follows: "Article 9-2. FENCE REGULATIONS Sec. 9-2.7 Materials. B. Permitted materials'. Materials permitted for fences shall be of wood, masonry, wrought-iron, or decorative metal. Colors for wood fences shall be limited to earth-tones only; wrought-iron and decorative metal fences may be painted black, off-white or earth-tone colors only; masonry fences may not be painted. C. Prohibited materials'. Materials prohibited in fences are barbed wire, razor ribbon, sheet metal, chain-link, vinyl or polyvinyl, or any other similar material. Exception: Barbed wire and/or chain-link is permitted for fencing agriculture- or industrial-zoned property." SECTION 2. If any section, subsection, paragraph, sentence phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Coppell, Texas hereby declares it would have enacted such remaining portions despite such invalidity. Section 3. That the repeal of any ordinance or portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. Section 4. That any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by State Law, and for any offense which is a violation of any provision of law that governs fire safety, zoning or public health and sanitation, including dumping of refuse, the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. Section 5. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of Coppell, Texas, this 2004. ~ ~Oday of DO~G~gS N. STO'VER, MAYOR ATTEST: LIBBY BA~_/L, CITY SECRETARY U I~OBER~r ~/A( ?FORM: ~ CITY ATTORNEY 1/21/04) 6201g