Hawk Cove:Ord 03-101

Codification Notes:

Ord. No.	Adopted	Codified	Status
03-101	Mar 21, 2023	TITLE 8	ACTIVE

Revision 1 11/11/2010

Revision 2 10/09/2017

Revision 3 12/11/2017

Revision 4 07/09/2018

Revision 5 08/29/2018

Revision 6 03/21/2023

ORDINANCE NO. 03-101

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING REGULATIONS GOVERNING FENCING, WALLS AND SCREENING REQUIREMENTS; ESTABLISHING A PERMIT REQUIREMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATЕ.

WHEREAS, the Texas Local Government Code, Chapter 51, provides for municipal ordinances not inconsistent with state law, necessary for the good order of the municipality; and

WHEREAS, the City Council has determined that it is the best interest of the public health, safety and general welfare of the public to regulate fencing, walls and screening requirements.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, THAT:

SECTION 1

That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.

The City Council hereby adopts the following ordinance:

"FENCING, WALLS AND SCREENING"

Section 1.01. Purpose:

To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in this section in accordance with the following standards.

Section 1.02. Fences in residential areas:

A. Any fence or wall located to the rear of the residential building line shall not exceed eight (8) feet in height above grade.

B. Except as provided in sections (C) below, no fence or wall shall be permitted in front of any residential structure. No fence (except as allowed in (C) below) shall be erected in any front yard or side yard to front line of house which is adjacent to a public street.

1. Fencing shall be of new wood privacy or chain link, horse wire, hog wire, or field wire material. All fencing must be of a permanent nature, with post caps and top rail, or wood / metal decorative facia and / or top plate to provide wire support/ finished appearance on wire fencing. Rigid gates also required.

2. Corner fence posts may be steel pipe or wood post (cannot be T-post) and shall be required to be set in concrete with 45 degree brace posts.

C. Front yard fencing cannot exceed 4 ft height and may be chain link, picket, or other see-thru material, with no more than 50% coverage. All fencing must be within deeded property lines.

1. Woven wire fences are not permitted.

2. All fences require permits. At time of applying for permit to build fence, a drawing of product, materials, and dimensions must be provided and listed on permit. A copy will be filed at city hall.

D. No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over one acre in size; unless inside primary fence for animal retention purposes.

Section 1.03. Swimming pool enclosures:

A. Every in-ground swimming pool within the city shall be completely surrounded by a fence, wall or building in close proximity to pool, no less than four (4) feet in height. Chain link fences alone around the perimeter of property do not comply with these requirements.

B. Exceptions: The provisions of this section shall not apply to:

(1) A swimming pool completely enclosed within a building.

(2) On-ground pool sides may be considered a barrier per Texas Health & Safety code 305.5, if owner can provide evidence manufacturer certifies that pool wall will structurally qualify as a barrier and comply with all other barrier requirements. All properties ha ving a pool of any type (other than exceptions listed on fee schedule), must have at a minimum a yard perimeter fence meeting current fencing requirements.

Each fence around property ha ving on-ground pool shall meet the following specifications:

(a) Construction Requirements. Perimeter fence or wall shall be so constructed as not to have opening, holes, gaps or stringers on outside that would allow purchase to climb over. Such fence shall be permanent, shall be set and anchored firmly in the earth and may be constructed of any suitable material including wood, concrete, brick or masonry, chain link or listed types of wire, but excluding barbed wire.

(b) Entrance requirements. All entrances through the fence shall be protected by a substantial gate with latching devices capable of keeping such gate securely closed when not in use.

C: Non-conforming status: There is no provision for non-conforming status other than for pools built or installed prior to 10/01/1999.

Any pool/fence built prior to 10/01/1999 not meeting the requirements of this ordinance, may retain their fencing, wall or screening with a nonconforming status, if compliant with state regulations in effect at that time, as long as there are no small children residing at the property or who have regular access. The owner agrees to hold harmless the City of Hawk Cove for any violation or injury occurring related to this ordinance. If the fencing, wall, screening or pool is destroyed, damaged more than fifty percent (50%) or replaced, such non-conforming exception shall cease and the property owner shall be required to conform to the current regulations of the ordinance.

Section 1.05. Penalty:

Any person violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this ordinance."

SECTION 2

It is the intent of this ordinance to comply with all applicable sections of Texas Statutes relating to pools and fencing; specifically parts of Texas Health & Safety Code chapters 305.05 Title 9, Chapter 757 and Local Government Code 214 as they apply to pools, pool enclosures and barriers. If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 3

The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public, requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF MARCH 2023.