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OR 2009-1242 Fence regulations AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2009-1242 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF COPPELL CHAPTER 9, ARTICLE 9-2, “FENCE REGULATIONS”, BY AMENDING SECTION 9-2-1, “DEFINITION”, BY ADDING A DEFINITION FOR COMPOSITE; BY AMENDING SECTION 9-2-7, “MATERIALS, ORIENTATION AND COLORS”, BY AMENDING SUBSECTION (A) TO PERMIT COMPOSITE FENCING MATERIAL, BY AMENDING SUBSECTION (B) TO PROVIDE FOR PERMITTED COLORS, AND BY ADDING SUBSECTION (C) TO PROVIDE REGULATIONS FOR COMPOSITE FENCES; AND, BY ADDING SECTION 9-2-11, TO PROVIDE FOR ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Chapter 9, Article 9-2, “Fence Regulations”, by amending Section 9-2- 1, “Definition”, by adding a definition for composite, by amending Section 9-2-7, “Materials, orientation and colors”, by amending Subsection (A) to permit composite fencing material, by amending Subsection (B) to provide for permitted colors and by adding Subsection (C) to provide regulations for composite fences, and, by adding section 9-2-11, to provide for enforcement, which shall read as follows: “CHAPTER 9 GENERAL REGULATIONS . . . . ARTICLE 9-2. FENCE REGULATIONS Sec. 9-2-1. Definitions. . . . . . Composite means material that consist of at least seventy-five percent (75%) wood fiber material which may be combined with vinyl or other products which are molded or otherwise fabricated or processed into raised textured wood finish posts, planks, pickets, rails or other like elements. . . . . . Fence . . . . . Sec. 9-2-7. Materials, orientation and colors. . . . . . A. . . . . . 5. Composite. . . . B. Permitted colors. or composite fences shall be limited to natural wood stain colors. C. Composite fences. Composite fences shall be anchored with steel or metal posts, with or without composite post or sleeves and shall be affixed to the post elements with nails and/or metal fasteners which match the color of the planks, slats or other elements of such composite fence shall be of composite fence.” SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3 . That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4 . An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a TM 39213.2.091609 2 misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 6. That this ordinance shall take effect 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 the City of Coppell, Texas, this the Z7day of Otral 2009. APPROV ROBERT E. HAGER (REH /cdb) TO FORM: TY ATTORNEY APPROVED: C JAYWE P ERS, MAYOR ATTEST: ‘ze„ LIBBY BAL 1 ITY SECRETARY 3 TM 39213.2.091609