Ordinance 2013-44ORDINANCE NO. 2013-44
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER
22, ARTICLE XI, PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has investigated and
determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas
( "Wylie ") to amend the City Ordinance, Chapter 22, Article XI.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to City Ordinance Chapter 22, Article XI The City of Wylie's
City Ordinance Chapter 22, Article XI is hereby amended as shown in Exhibit "A ".
SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance, as amended, shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution
from being commenced for any violation if occurring prior to the repeal of the ordinance. Any
remaining portions of said ordinance shall remain in full force and effect.
SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
Ordinance No. 2013 -44 - Amending Chapter 22, Article XI Page I of 2
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall
not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 12th day of November, 2013.
ATTEST:
Car le Ehrlich, tity Secretary
DATE OF P UBLICATION: ///t/ /� e N 2c�J5 , in the
Ordinance No. 2013 -44 - Amending Chapter 22, Article XI Page 2 of 2
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Sec. 22 -231. Purpose of article.
Exhibit "A"
The purpose of this article is to regulate the construction, erection, enlargement,
alteration and maintenance of all fences within the boundaries of the city in order to provide a
practical safeguarding of life, health and property from hazards that may arise from improper
construction of such installations. However, this article and the provisions of this article shall
not apply to fences erected or maintained in districts within the city which are zoned but are
still under agricultural use as undeveloped property.
(Ord. No. 78 -15, § 1, 4-18 -1978; Code 1991, ch. 3, § 12. 01,- Code 1997, § 22 -386)
Sec. 22 -232. Permit to install or alter required.
(a) It shall be unlawful for any person to install or cause to be installed, or to permit any
person to install a fence or to make any alterations, additions or changes to a fence,
without first having procured a permit to do so from the building official. However, a
property owner may replace, or caused to be replaced, up to one pole or 16' linear feet of
pickets or rails in any given 30 day period to repair a damaged fence without a permit.
(b) The fee for a permit required by this article shall be as provided for in the fee schedule
located in appendix C to this Code and shall be paid prior to the issuance of the permit.
(c) The building official shall require a plot plan showing the lot size, all improvements on the
lot, and the proposed location of the fence to be constructed before a permit will be
issued under this article.
(d) The building official may refuse to issue a permit under this article to any person who has
been convicted of a violation of any provision of this article.
(Ord. No. 78 -15, § ll, 4 -18 -1978; Code 1991, ch. 3, § 12.02; Code 1997, § 22 -387)
Sec. 22 -233. Regulation of electric fences.
(a) No fence constructed in such a manner that it may continuously conduct electrical
current may be allowed in any zoning district wherein farm animals are not allowed.
(b) Single- strand wires designed to conduct electricity through an approved low- voltage
regulator shall be allowed only along the interior base line of an otherwise permitted
fence. No permit shall be required for the erection and maintenance of such single -
strand electric wires.
(Ord. No. 78 -15, § lll, 4 -18 -1978; Code 1991, ch. 3, § 12.03; Code 1997, § 22 -388)
Sec. 22 -234. Compliance with the zoning ordinance.
All fences and fence locations shall conform to the requirements of the zoning
ordinance of the city, and nothing in this article shall be construed as permitting construction
of a fence which would violate the provisions of the zoning ordinance, as such ordinance
presently exists or as it may be hereafter amended.
(Code 1991, ch. 3, § 12.04; Code 1997, § 22 -389)
Sec. 22 -235. Location on or protrusion over city property.
No privately owned fence or guy wires, braces or any other part of a privately owned
fence shall be constructed upon or caused to protrude over property owned by the city.
(Code 1991, ch. 3, § 12.05; Code 1997, § 22 -390)
Sec. 22 -236. Visibility obstruction.
No fence shall be erected or maintained in a manner so as to be a visibility
obstruction as indicated in figure 1 of this section and made a part of this section.
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(Ord. No. 78 -15, § VI, 4 -18 -1978; Code 1991, ch. 3, § 12.06; Code 1997, § 22 -391)
Sec. 22 -237. Height limit and pole placement along rear yard or alley line in
residential districts.
No fence shall be constructed at a height exceeding eight feet along the rear yard or
alley line in residential districts. Metal fencing poles may be placed on either side of the
fence provided they are not visible from a public street or public open space such as a park
or school. Exception swimming pool enclosure (see Sec. 22 -247)
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(Ord. No. 78 -15, § VI, 4 -18 -1978; Code 1991, ch. 3, § 12.06; Code 1997, § 22 -391)
Sec. 22 -237. Height limit and pole placement along rear yard or alley line in
residential districts.
No fence shall be constructed at a height exceeding eight feet along the rear yard or
alley line in residential districts. Metal fencing poles may be placed on either side of the
fence provided they are not visible from a public street or public open space such as a park
or school. Exception swimming pool enclosure (see Sec. 22 -247)
(Ord. No. 78 -15, § VII, 4 -18 -1978; Code 1991, ch. 3, § 12.07, Code 1997, § 22 -392)
Sec. 22 -238. Height limit and pole placement on side yard line in residential
districts.
No fence shall be constructed at a height exceeding eight feet on any side yard line
in residential districts up to the building line of the house proper. All such fences constructed
on side yard lines in residential districts must be vertical. Metal fencing poles may be placed
on either side of the fence provided they are not visible from a public street or public open
space such as a park or school. Exception swimming pool enclosure (see Sec. 22 -247)
(Ord. No. 78 -15, § Vlll, 4 -18 -1978; Code 1991, ch. 3, § 12.08; Code 1997, § 22 -393)
Sec. 22 -239. Height limit and pole placement on front yard fences in residential
districts.
No fence shall be constructed at a height exceeding 4 feet between the building line
and front property line and /or street side building line for corner lots for residential buildings
facing the side street, except for ornamental type fencing on lots exceeding '/2 acre. On lots
exceeding 'h acre the maximum height is 8 feet provided masonry columns are used. All
ornamental type fences shall be at least 50 percent transparent.
(Ord. No. 78 -15, § IX, 4-18 -1978; Code 1991, ch. 3, § 12.09; Code 1997, § 22 -394)
Sec. 22 -240. Height limit in industrial districts.
No fence shall be constructed at a height exceeding ten feet in industrial districts.
(Ord. No. 78 -15, § X, 4 -18 -1978; Code 1991, ch. 3, § 12.10; Code 1997, § 22 -395)
Sec. 22 -241. Height limit around tennis courts; fence arms.
Fences around tennis courts, regardless of the district in which they are located, shall
be constructed at a height not exceeding ten feet, and fence arms shall not be allowed
thereon.
(Code 1991, ch. 3, § 12. 11,- Code 1997, § 22 -396)
Sec. 22 -242. Fence arms in residential district; limited in industrial districts.
Fence arms shall not be permitted in residential districts or districts other than
industrial. Fence arms may be permitted on fences located in industrial districts so long as
they do not extend beyond the property line.
(Ord. No. 78 -15, § X11, 4 -18 -1978; Code 1991, ch. 3, § 12.12; Code 1997, § 22 -397)
Sec. 22 -243. Barbed wire.
In no event shall barbed wire be permitted, except on arms in industrial zoning
districts.
(Code 1991, ch. 3, § 12.13; Code 1997, § 22 -398)
Sec. 22 -244. Inspection of new fences.
When any fence for which a permit has been issued under this article is completed, it
must be inspected. The building official's office shall be notified upon completion of the
fence. The building official will issue a card of acceptance if the fence complies with the
provisions of this article, or reject the fence if it does not so comply.
(Ord. No. 78 -15, § XIV, 4 -18 -1978; Code 1991, ch. 3, § 12.14; Code 1997, § 22 -399)
Sec. 22 -245. Maintenance.
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, see Section 22 -232
(Ord. No. 78 -15, § XV, 4 -18 -1978; Code 1991, ch. 3, § 12.15; Code 1997, § 22 -400)
Sec. 22 -246. Appeals from decisions under this article.
Any appeal from an interpretation of the building official of the provisions of this
article shall be made to the Construction Code Board.
(Ord. No. 78 -15, § XVI, 4 -18 -1978; Code 1991, ch. 3, § 12.16; Code 1997, § 22 -401)
Sec. 22 -247. Enclosures for swimming pools.
(a) Required. Every swimming pool, or excavation designed or intended to ultimately
become a swimming pool, while under construction as well as after completion, shall
be continuously protected by an enclosure surrounding the pool or excavated area
in such a manner as to make such pool or excavated area reasonably inaccessible
to small children or animals. The fence (barrier) for a pool or spa shall be installed
per the most currently adopted edition of International Swimming Pool and Spa
Code. Electrical, solar or battery utility, access and or service gates shall not be
considered as part of the pool barrier
(b) Exceptions to subsection (a) of this section. Exceptions to subsection (a) of this
section are as follows:
(1) Subsection (a) of this section shall not apply to bodies of water other than
swimming pools which are owned or controlled by the federal, state or county
government, or any agency, subdivision or department thereof; or bodies of
water located in natural drainage -ways.
(2) In single - family occupancies, the enclosure may surround the entire single -
family premises.
(3) In multifamily occupancies, the enclosure may include the courtyard which
surrounds the pool.
(e) Maintenance of swimming pool without enclosure. It shall be unlawful to maintain
any swimming pool in the corporate limits which is not protected by an enclosure in
accordance with the requirements of this section.
(f) Plans for swimming pools; requirements. All plans submitted to the city for
swimming pools to be constructed shall show compliance with the requirements of
this section, and the final inspection and approval of all pools constructed shall be
withheld until all requirements of this section have been complied with by the owner,
purchaser under contract, lessee, tenant or licensee.
(Ord. No. 78 -15, § XV11, 4 -18 -1978; Code 1991, ch. 3, § 12.17; Code 1997, § 22 -402)
State law reference— Municipal authority concerning swimming pool enclosures, V. T C.A., Local
Government Code § 214.101.
Sec. 22 -248. Fences in drainage easements.
No fence shall be constructed within any drainage easement in the corporate limits of
the city unless the city engineer shall have first determined and advised the building official,
in writing, that he believes such fence shall, in all probability, not interfere with or impair the
natural flow of water across the drainage easement.
(Ord. No. 78 -15, § XVlll, 4-18 -1978; Code 1991, ch. 3, § 12.18; Code 1997, § 22 -403)
Secs. 22- 249 -22 -260. Reserved.
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STATE OF TEXAS
COUNTY OF COLLIN
W
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas
and having general circulation in Collin County, Texas, who being by me duly sworn,
deposed and says that the foregoing attached:
City of Wylie
Ordinance 2013 -44
was published in said newspaper on the following dates, to -wit:
November 20, 2013
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of 2013
to certify which witness my hand and seal of office.
Sonia A. Duggan
i , f Commission Expires
09 -02 -2016
&ANo 41 2&folr
The State of Texas
My commission expires
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4C November 20 -21, 2013
RDINANCE NO.
2013 -44
AN ORDINANCE
OF THE CITY
OF WYLIE, TEX-
AS, AMENDING
CHAPTER 22, AR-
TICLE XI, PRO-
VIDING FOR A
PENALTY FOR
THE VIOLATION
OF THIS ORDI-
NANCE; PROVID-
ING FOR REPEAL-
ING, SAVINGS
AND SEVERABIL-
ITY CLAUSES;
PROVIDING FOR
AN EFFECTIVE
DATE OF THIS OR-
DINANCE; AND
PROVIDING FOR
THE PUBLICA-
TION OF THE CAP
TION HEREOF.
28 -1t -27 -339