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OR 2001-974 Replacing with a new section 9-2-2 and a new section 9-2-7ORDINANCE NO. 2001-974 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 9-2 BY REPEALING SECTION 9-2- 2 AND SECTION 9-2-7 BY REPLACING WITH A NEW SECTION 9-2-2 AND A NEW SECTION 9-2-7; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Coppell Code of Ordinances be amended by amending Chapter 9, by repealing Section 9-2-2 and providing a new Section 9-2-2, to read as follows: "Sec. 9-2-2. Fence permit required. A. It shall be unlawful for any person to erect or replace a fence, as defined herein, without first obtaining a permit, provided however, a permit shall not be required to repair an existing fence. Repair shall mean the construction or repair of 50% or less of the perimeter of an existing fence. B. "Replace", for the purpose of this section, shall mean the construction, reconfiguration, relocation or repair of fifty (50%) percent or more of the area as measured by the fence perimeter." SECTION 2. That the Coppell Code of Ordinances be amended by amending Chapter 9, by repealing Section 9-2-7 and providing a new Section 9-2-7, to read as follows: "Sec. 9-2-7. Materials and Colors. A. Permitted materials'. All fences as defined herein constructed within the City shall only be constructed of the following material: wood; metal or wrought iron; vinyl, which is poly vinyl chloride formulated to resist impact and for ultra violent stabilization and meets or exceeds ASTM D1784 as included in desingation ASTM PAGE 1 43705 Designation F964-94, which such composite material is designed and constructed for fencing material; such material shall consist of at least 3" x 3" post, a minimum of 4¼,, thickness of slat by 24¼'' wide; 4. stone or brick with mortar. B. All fences as permitted herein shall be constructed of posts which are at least 3" x 3" or metal posts of 1 iA" in diameter and slats, pickets, rails or stakes of at least 4¼,, thick x 1" wide. C. Permitted colors. Permitted colors for wood, vinyl and metal and masonry shall be painted and/or stained earth tones to include, but not limited to browns, grays, forest green and natural wood tones and bronze and white and office-white. Painting of masonry, brick or stone shall be prohibited." SECTION 3.. All provisions of this ordinance of the City of Coppell is an addition to other ordinances or charter provisions; however, in the event this is in conflict with the provisions of this ordinance, be, then the provisions and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or 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 invalid, illegal, or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended, shall be deemed 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 ($500.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. PAGE 2 43705 SECTION 6. That this Ordinance shall take effect immediately from and aider its passage and publication, as the law and charter is such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this 13th day of November, 2001. CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVE~~/( By: (REIJdcdb 4/16/02) ROBERT E. HAGER, CITY ATTORNEY PAGE 3 43705