HomeMy WebLinkAboutOrdinance 9153..,,
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ORDINANCE NO. 9l~
AN ORDINANCE AMENDING CHAPTER 27, "OFFENSES - MISCELLAN-
EOUS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1964), AS AMENDED, BY REVISING SECTION 27-3 PROVIDING FOR
THE REGULATION OF BARBED-WIRE FENCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Chapter 27, "Offenses - Miscellaneous", of the Code of the
City of Fort Worth, Texas (1964), as amended, be amended by revising
Section 27-3, such section to read as follows:
"Sec. 27-3 - Barbed-Wire Fences.
"Except as provided herein, it shall be unlawful for
any person to build, erect, keep or maintain or permit or
allow to be built, erected, kept or maintained any
barbed-wire fence on or around any property or premises
owned or controlled by such person within the City; pro-
vided, however, up to three strands of barbed-wire shall
be permitted on top of a six-foot high security-type
fence, provided the barbed-wire is upright or projecting
over the owner's property and not over abutting property."
SECTION 2.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas (1964) , as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 3.
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,
paragraph or section of this ordinance shall be declared unconstitu-
tional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
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remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
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Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement of
any of the provisions of this Ordinance and such Code shall be fined
not more than Two Hundred Dollars ($200.00) for each offense. Each
day that a violation is permitted to exist shall constitute a sepa-
rate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved as to any and all violations of the provisions of
Section 27-3 of the Code of the City of Fort Worth or any other
ordinances affecting barbed-wire fences which have accrued at the
time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the caption,
Section 1, Section 4 and Section 8 in the minutes of the City
Council and by filing the ordinance in the ordinance records of the
City.
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption, Section 1, Section 4 and Section 8
of this ordinance for two (2) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised
Civil Statutes of Texas.
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SECTION 8.
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This ordinance shall be in full force and effect from and
after its passage and publication as required by law, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ~ '-l o _~~
ADOPTED : ~. y`~~
EFFECTI
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DATE REFERENCE SUBJECT PAGE
DEVELpFMEN) r~ ~ NUMBER
7-24-84 ~ **G-6062 Barbed Wire Fences ' °'-'~'-
s_a)v i
Section 27-3 of the Fort Worth City Code prohibits any barbed-wire fence
to be located in the City of Fort Worth. It has been brought to the
attention of City staff that many private businesses and public premises
have a need to erect and maintain security fences topped with barbed-wire
to prevent unlawful entry by trespassers. The Building Official recommends
that up to three strands of barbed-wire be allowed on Cop of a six foot high
security-type fence provided the barbed wire is upright or projecting over
the owner's property and not over abutting property.
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RECOrIlKENDATION
It is recommended that the City Council adopt the attached ordinance permitting
the use of barbed wire fencing in the City as provided above
DAI:jt
Attachment
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APPROVED BY
CITY COUNCIL
JUL 24 1984
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City Secretary of the
SUBMITTED FOR THE ~Q2 /~ /J, DISPOSITION BY COUNCIL. PROCESSED BV
CITY MANAGER'S ,~~_`(f/(//[/ ~ APPROVED
l1FFICE BY
~` OTHER (DESCRIBE)
ORiGINA7ING
DEPARTMENT HEAD: JOe Bllardl. Jn~ }} CITY SECRETARY
FOR ADDI~IONAI. INFORMATION ~l~Cple~ Ordinance ~Q~ /~ DATE
co-vrncT L. E Paige, Jr._ Ext. 7820