Ordinance 1978-15
ORDINANCE #78-15
AN ORDINANCE OF THE CITY. OF WYLIE, TEXAS, PROVIDING FOR REGULATION OF THE CON-
STRUCTION, ERECTION, ENLARGEMENT, ALTERATION AND MAINTENANCE OF FENCES WITHIN
THE CITY, EXCLUDING AGRICULTURAL DISTRICTS, REQUIRING BUILDING PERMITS, ES-
TABLISHING PERMIT FEES, REQUIRING INSPECTIONS, PROHIBITING CERTAIN USES, PRO-
VIDING FOR APPEALS, AND PROVIDING OTHER MISCELLANEOUS REGULATORY PROVISIONS;
PROVIDING A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, The City Manager has heretofore made a study of provisions of the
City Ordinances of the City of Wylie concerning the regulation of erection and
maintenance of fences within the City; and,
WHEREAS, There are no ordinance which adequately cover the regulation of
erection and maintenance of fences, within the City; and
WHEREAS, The City Council of the City of Wylie, Texas, has reviewed the recom-
mended ordinance and concurs with the City Manager;
Now, Therefore, Be It Resolved By The City Council Of The City Of Wylie, Texas,
That:
Section I. Purpose.
The purpose of this ordinance is to regulate the construction, erection, en-
largement, alteration, and maintenance of all fences within the boundaries of
the City of Wylie 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 ordinance and the provisions hereof 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.
Section II. Permit to Install or Alter.
(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, add-
itions or changes to a fence, without first having procured a permit to do so
from the Building Inspector.
(b) The fee for permit required by this section shall be Six Dollars ($6.00)
and shall be paid prior to the issuance of the permit.
(c) The Building Inspector shall require a plot plan showing the lot size,
all improvements on the lot, and the proposed location of the fence to be con-
structed before a permit will be issued under this section.
(d) The Building Inspector may refuse to issue a permit under this section to
any person who has been convicted of a violation of any provision of this or-
dinance.
Section III. 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.
Section IV. 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 ordinance shall be construed as per-
mitting construction of a fence which would violate the provisions of the
Zoning Ordinance, as the same now exists or may be hereafter amended.
Section V. Location on or Protrusion Over City Property Prohibited.
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 Ci ty.
Section VI. Visibility Obstruction.
No fence shall be erected or maintained in a manner so as to be a visibility
obstruction as indicated in Figure 1 attached hereto and made a part hereof.
Section VII. Height Limit for Fences Along Rear Yard or Alley Line in Residential
Districts.
No fence shall be constructed at a height exceeding eight feet (8') along the
rear yard or alley line in residential districts.
Section VIII. Height Limit for Fences on Side Yard Line in Residential Districts;
Such Fences to Be Vertical.
No fence shall be constructed at a height exceeding eight feet (8') 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.
Section IX. Front Yard Fences in Residential District Prohibited Except in
Certain Applications; Height Limit And Visibility of Side Property
Line Fences extending or constructed past the Building' Line.
No fence shall be constructed 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 side yard property lines
buil t between the buil di n.g 1 i ne and front property 1 i ne. Ornamental type fences
not to exceed four feet (4') in height with at least fifty percent (50%) through
vision.
Section X. Height Limit for Fences in Heavy Industrial and Light Industrial
Districts.
No fence shall be constructed at a height exceeding ten feet (10') in heavy
industrial or light industrial districts.
Section XI. Height Limit for Fences Around Tennis Courts; Fence Arms Prohibited.
Fences around tennis courts, regardless of the district in which they are located,
shall be constructed at a height not exceeding ten feet (101), and fence arms
shall not be allowed thereon.
Section XII. Fence Arms Prohibited in Residential Districts; Limited in Heavy
Industrial or Light Industrial Districts.
Fence arms shall not be permitted in residential districts or districts other
than heavy industrial or light industrial. Fence arms may be permitted on fences
located in heavy industrial or light industrial districts so long as they do not
extend beyond the property line.
Section XIII. Barbed Wire Prohibited Except in Heavy Industrial and Light
Industrial Districts.
In no event shall barbed wire be permitted, except on arms in heavy industrial
and light industrial zoning districts.
Section XIV. Inspection of New Fences.
When any fence for which a permit has been issued under this ordinacne is com-
pleted, it must be inspected. The Building Inspector1s Office shall be notified
upon completion of the fence. The Building Inspector will issue a card of
acceptance if the fence complies with the provisions of this ordinance or reject
the fence if it does not so comply.
Section XV. Maintenance.
All fences constructed under the provlslons of this Ordinance shall be main-
tained so as to comply with the requirements of this ordinance at all times.
Section XVI. Appeals From Decisions Under Ordinance.
Any appeal from an interpretation of the Building Official of the provisons of
this ordinance shall be made to the Housing Board of Appeals.
Section XVII. Required Enclosure for Swimming Pools.
(a) 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 ex-
cavated area in such a manner as to make such pool or excavated area reasonably
inaccessible to small children or animals.
. .
Exceptions:
(1) This provision shall not apply to: (a) bodies of water other than
swimming pools which are owned or controlled by the federal, state, county,
or any agency, subdivision or department therof; (b) bodies of water
located in natural drainageways.
(2) In single-family occupancies, the enclosure may surround the entire single-
fami ly premi se.
(3) In multifamily occupancies, the enclosure may include the courtyard which
surrounds the pool.
(b) An enclosure shall be a fence, wall or building not less than four feet
(41) in height with no openings, holes or gapslarger than four inches (4")
measured in any direction except that measurement for a picket fence (one com-
posed primarily of verticle members) shall be measured in a horizontal direction
between members.
(c) Gates and doors opening directly into such enclosure shall be equipped with
self-closing and self-latching devices designed to keep and capable of keeping
such doors or gates securely closed, said latching device to be attached to the
gate or door not less than thirty-six inches (3611) above the grade or the floor:
Exceptions:
(1) The doors of any building forming any part of the enclosure herein above
required need not be so equipped.
(d) Swimming pools in existence on the effective date of this section shall
be fenced in accordance with the requirements hereinabove set forth, and it
shall be unlawful to maintain any swimming pool in the corporate limits of the
City of Wylie which is not protected by an enclosure in accordance with the
requirements of this section.
(e) All plans submitted to the City of Wylie for swimming pools to be con-
structed 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.
Section XVIII. Fences Prohibited in Drainange 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.
Section XIXI. Penalty Clause.
Any person, firm, company, partnership, corporation or association violating
any provision of this ordinance shall be deemed guilty of a misdemeanor and
upon conviction therof, shall be fined in the sum of not more than TWO HUNDRED
AND NO/100 DOLLARS ($200.00) for each such violation.
Section xx. Severability Clause.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and
if any phrase, clause, sentence or section of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of this ordinance;
and the City Council hereby declares it would have passed the remaining portions
even though it had known the affected parts would be held unconstitutional.
Section XXI. Effective Date Clause.
This ordinance shall become effective immediately upon its passage and publi-
cation as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE
18th DAY OF APRIL ,1978.
. .
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John W. Akin
Mayor
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ATTEST:
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arbara E 11 .
City Secretary
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