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10-29-02-Ordinance-Regulating Fence Construction-10/07/2002ORDINANCE 10-29-02 THAT CHAPTER 3, OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING AN ARTICLE, TO BE NUMBERED ARTICLE 3.2100 FENCE CONSTRUCTION REGULATED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 3 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding an article, to be numbered Article 3.2100, which said article shall read as follows: 11 ARTICLE 3.2100 FENCE CONSTRUCTION REGULATED 3.2101 Conflict with planning, zoning or building requirements. Nothing in this article shall be construed so as to amend, alter, change or repeal any provision of the comprehensive planning and zoning ordinance or building regulations, and if any provision of this article does so conflict, the provisions of the comprehensive planning and zoning ordinance or building ordinance shall control. 3.2102 Permit —Required. It shall be unlawful for any person to construct a fence of any kind on any lot without having first obtained a building permit from City Hall. 3.2103 Fee. Prior to the issuance of any permit required by this article, a fee as set forth in the fee schedule in the Appendix of this code shall accompany the application for such permit. The permit fee shall cover the permit and the inspection required upon completion of the fence. 3.2104 Materials & Construction Regulated All fences shall be constructed of Wood, Masonry, Wrought Iron, Chain Link, Vinyl, or other material approved by the Building Official. All Fence posts shall be either wood or metal. No fence shall exceed Eight (8) foot in height. 3.2105 Construction on public property. No fence, guy wires, braces or any part of such fence shall be constructed upon or caused to protrude over any city easement or public property unless expressly provided for. 3.2106 Hazardous fences prohibited in high density areas. No barbed wire, glass imbedded, spiked or electrified fences are permitted in areas zoned for residential uses nor is any other fence which is deemed hazardous or dangerous to persons. 3.2107 Inspections required on completion. When any such fence is completed it shall be inspected. The building official's office shall be notified upon completion of the fence. The building official shall issue a card of acceptance if the fence complies with the provisions of this article or it will be rejected. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will 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, APPROVED, AND ADOPTED, this the 7th day of October, 2002, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: r rrEl` 1i hlii'i( i 6id, Mayor e Ov= % AT EST: Al Rosalie Chavez, City Secre ry w0 :