2006-046
S:\Qur Documents\Ordinanccs\06\rcnccsOrdinance3 .doc
ORDINANCE NO. cl 006-040
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 20 BY CREATING ARTICLE V ENTITLED "FENCES"; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Article V titled "Fences" of Chapter 20 of the Code of Ordinances of the
City of Denton is hereby created and it shall read as follows:
ARTICLE V. FENCES
Sec. 20-171. Definitions.
Designee means the city manager or his duly appointed representative.
Owner means any person or entity shown as the property owner on the latest property tax
assessment rolls or any person having or claiming to have any legal or equitable interest in the
property, including any agent who is responsible for managing, leasing or operating the property
and ineluding any tenant.
Sec. 20-171. Maintenance of fences.
(a) The owner of any property shall replace broken, damaged, removed or missing parts
of a fence within ten (10) days of, the day the owner received notice from the
designee, with the same material, or material with comparable composition, color,
size, shape and quality of the original fence to which the repair is being made. The
designee may, upon written notice from the owner that unusual circumstances
prevent the timely repair of a fence, extend the replacement time as required. The
designee shall not extend the replacement time longer than reasonably necessary.
The owner requesting a replacement time extension shall provide the designee a
written scope and schedule detailing materials and estimated time period of the
completed replaeement for approval. No person shall use materials not specifically
manufactured as fencing materials sueh as plywood, eorrugated steel panels, or
fiberglass panels as fencing materials.
(b) An owner shall maintain all fences in sound structural condition.
(c) All owners shall maintain fences, including those existing prior to the adoption of this
chapter, at all times in a state of good repair, safe and secure condition with all
braces, bolts, nails, supporting frame and fastenings free from deterioration, termite
infestation, rot, rust or loosening, and able to withstand at all times the wind pressure
for which they were designed.
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(d) A fence or wall on the property shall not preclude the property owner's responsibility
to maintain and keep the area between the fence or wall and the back of the curb, the
edge of the pavement, or any adjacent property line free and clear of debris and high
weeds.
(e) It is a defense to prosecution under subsection (a), if an owner completely removes a
fence which was in disrepair, provided that the owner is not required to keep a fence
pursuant to any other law or regulation. (See Section 20-174).
Sec. 20-172. Abatement and notice procedures.
The abatement and notiee procedures provided for in Seetions 20-131 through 20-134 shall apply
to violations of this section and this article.
Sec. 20-173. Proof requirements.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined by this article.
Sec. 20-174. Applicability of other laws regarding fences.
Nothing in this article shall limit any other requirements regarding fencing, including but not
limited to requirements established by the following:
(a) Homeowner's Associations;
(b) The Denton Development Code, including Chapter 13 of the Code;
(c) Regulations relating to businesses where alcohol is sold;
(d) Regulations regarding swimming pool fences;
( e) Zoning requirements; and
(f) Any other applicable local, state, or federal law regarding fencing requirements.
SECTION 2. If any seetion, subsection, paragraph, sentence, elause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdietion, such holding shall not effeet the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby deelares it would have
enacted sueh remaining portions despite any invalidity.
SECTION 3. Save and exeept as amended hereby, all the proVISIOns, seetions,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exeeed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall eonstitute a separate offense.
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SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the JilL day Of~~. 2006.
c~fj~
EULINE BROCK, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
"y~~'tlj\itJtT V
APPROVED AS 0 L~GAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY Jvp~ 1;"1
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