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OR 86-350 Definition of the term "fence" AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 86350 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE FENCE REGULATIONS OF THE CITY BY AMENDING ARTICLE 9-2, CHAPTER 9, OF THE CODE OF ORDINANCES OF THE CITY; ADDING THERETO A DEFINITION OF THE TERM "FENCE"; PROVIDING THAT FENCES CONSTRUCTED ALONG DRIVEWAYS OR PERPENDICULAR TO ALLEYS SHALL NOT BE WITHIN FIVE FEET OF THE ALLEY PAVEMENT; REVISING FRONT YARD FENCE REGULATIONS; PROVIDING FOR TEMPORARY FENCES AROUND SWIMMING POOLS DURING CONSTRUCTION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) 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 THAT GOVERNS FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION, A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS SECTION 1. AMENDING ARTICLE 9-2 OF CODE OF ORDINANCES That Chapter 9 of the Code of Ordinances of the City of Coppell, Texas be the same is hereby amended by amending ARTICLE 9-2 to read as follows: (Changes and material are underlined. A deletion is marked with *) ARTICLE 9 - Z FENCE REGULATIONS Section 9-Z-1 DEFINITIONS FENCE Any wall or structure more than eighteen (18) inches in height erected or maintained for the purposes of enclosing, screening, restriciting access to or decorating the surrounding lot, parcel, building or structures. (Ord.---) REAR YARD A space unoccupied by principal structure extending for the full width of the lot between a principal structure and the rear lot line. (Ord. 176) SIDE YARD An open unoccupied space on the same lot with the building, situated between the building; and, the side line of the lot, and extending through the street or the front line shall be deemed a side line. (Ord. 176) FRONT YARD The open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard line. (Ord. 176) CORNER LOT Shall mean a lot situated at the junction of two (Z) or more dedicated public streets. (Ord. 176) Section 9-Z-Z FENCE PERMIT REQUIRED It shall be unlawful for any Individual, Partnership, Company or Corporation to erect or have erected a fence or any part of a fence, of permanent construction in the City Limits without first obtaining a Fence Permit from the office of Building Inspections. (Ord. 176) Section 9-2-3 APPLICATION FOR PERMIT Any Individual, Partnership, Company or Corporation Making Application for a Fence Permit must sign an application for same showing the following information: (Ord. 176) A. Applicant's name, address and in addition, if the applicant represents a Company or Corporation, the name and address of the Supervisor or Foreman of said Company or Corporation and the name of its President. (Ord. 176). B. Name of Owner of property. (Ord. 176). C. Local address where fence is proposed to be erected. (Ord. 176) D. Height of fence. (Ordo 176) E. Plat showing lot on which fence proposed to be erected, location of adjoining or adjacent lots and with heavy black lines outline the location of proposed fence. (Oral. 176) F. Plat showing lot on which fence proposed to be erected, location of adjoining or adjacent lots and with heavy black lines outline the location of proposed fence. (Ord. 176) G. Approximate evaluation. (Ord. 176) Section 9-2-4 PERMIT FEE A Permit Fee of ten dollars ($10.00) shall be charged for each Permit issued. (Ord. 176) Section 9-2-5 PUBLIC PROPERTY No fence, guy wires, braces or any post of such fence shall be constructed upon or caused to protrude Over property that the City or that the general public had dominion and control over, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced. (Ord. 176) Section 9-Z-6 YARD, FRONTAGE REGULATIONS A. REAR YARD REQUIREMENTS It shall be unlawful to erect or maintain a fence at a height exceeding eight feet (8') in any rear yard, or along any rear yard lot line. (Oral.---) Where driveways connected to alleys are commercial, industrial and residential areas, fences shall be only constructed along the rear lot line of any lot to within five feet (5') of a point where the driveway would intersect the alley pavement at ninety degrees (90 degrees). Fences to be constructed along any driveway or perpendicular to alleys shall not be constructed within five feet (5') of the alley pavement. (Ord.---) B. SIDE YARD REQUIREMENTS It shall be permitted to erect a fence in the side yard of a lot to the side property line. C. FRONT YARD REQUIREMENTS It shall be unlawful to erect or maintain a fence within the front yard of any lot, from the front building line to the front lot line. The front building line as that term is used herein shall mean the building line established by the building constructed on the lot if such established building line is a greater distance from the front lot line that that established by law. (Ord.---) Section 9-2-7 TYPE OF CONSTRUCTION A. No fence erected in the City Limits shall be electrically charged in any manner or form. (Oral. 176) B. No fence erected on property zoned for residential uses shall be construced of barbed wire fencing. (Ord. 176) C. In order to allow ingress and egress for Fire Department personnel and Fire Department equipment there shall be at ]east one (1) gate or opening with a minimum width of three feet (3') in each fence that is adjacent to or running parallel to any public alley, drainage, easement or utility easement except this provision shall not apply to utility easements that the City has allowed to be completely fenced in. (Ord. 176) Section 9-2-8 INSPECTION Upon completion of installation, the Building Inspector shall be called upon for inspection. A Certificate of Acceptance will then be issued, or a rejection slip indicating the defects in the same. All fences constructed under the provisions of this Ordinance shall be maintained as to comply with the requirements of this Ordinance at all times. (Ord. 220) Section 9-2-9 SWIMMING POOL FENCES A. SWIMMING POOL FENCE OR ENCLOSURE REQUIRED Every person in possession of land within the Corporate Limits of the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a swimming pool shall at all times maintain upon the lot or premises on which the swimming pool, lot or premises, a fence, wall or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall not be less than four feet (4') in height. Such fence or enclosing structure shall be constructed and maintained so that there will be no hole or gap therein, which would allow an object six inches (6") in diameter to pass through such hole or gap except through a door or gate meeting the requirements of this Ordinance. A temporary fence of at least three (3) feet in height must completely surround a swimming pool while it is under construction and not artended. (Ord. --) B. DOORS AND GATES Said fence or enclosing structure may be equipped with one or more of the following types of doors or gates and none other: (Ord. 176) 1. A gate or door used for gener~.] ingress or egress to and from the enclosed area which is not a door of an occupied dwelling, which dwelling structure forms a part of the enclosure required by this Ordinance. Such gate or door shall be equipped with and shall be maintained with self- closing and se]f-Iatching devices designed to keep and capable to keeping such door or gate securely closed and latched at all times when not in actual use, and such latching device to be attached to the upper quarter of the gate or door. (Ord. 176) 2. A gate or door used for general ingress or egress to and from the enclosed area, which is a part of an occupied dwelling which said occupied dwelling forms a part of the enclosure required by this Ordinance. Such gate or door need not be equipped with self- closing or self-latching devices. (Ord. 176) 3. A gate or door not used for general ingress or egress to and from the enclosed area. Such gate or door need not be equipped with self-closing or self-latching devices, provided it is equipped with and maintained with some type of permanent locking device. Provided, however, it shall be an]awfuj and a violation of this Ordinance for any said person to permit such a gate or door to remain open or an]ocked while unattended, (Ord. 176) C. FAILURE TO MAINTAIN ENCLOSURE UNLAWFUL It shall be unlawful to maintain any swimming pool with the Corporate Z~imits of the City which is not fenced in accordance with the requirements of this Article. (Ord. 176) D. PLANS FOR NEW CONSTRUCTION AND TJDVIE FOR COMPLIANCE l~ REGARD TO F_,XISTING SWB/IMING POOLS All plans submitted to the City for swimming pools to be constructed shall show compliance with the requirements of this Article, and the final inspection and approval of all pools constructed shall be withheld until all requirements of this Article have been complied with by the Owner, Purchaser under contract, lessee, tenant or licensee. This Ordinance shall apply to swimming pools in existence at the time of the passage of this Ordinance, provided; however, the Owner thereof shall have ninety (90) days from and after the passage of this Ordinance in which to bring his property into compliance with the terms of this Article. (Ord. 176) SECTION 2. REPEALING CLAUSE All ordinances, or parts of ordinances, inconsistent or in conflict with the prov}sions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, 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 invalid or unconstitutional. SECTION 5o PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.O0) for each offense, except where a different penalty has been established by State Law for such offense, the penalty shall be that fixed by state law and for any offense which is a violation of any provision that governs fire safety, zoning, public health and sanitation, a penalty of fine not to exceed the sum of One Thousand Dollars ($~i,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 6. EFFECTIVE DATE This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of CoppeLl, Texas~ this the ~ day of ~ ~ , 1986. APPROVED: ATTEST: APPROVED AS TO FORM: