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Ordinance No. 4,970Published In: THE BAYTOWN SUN 80414 -1 Tuesday, April 19, 1988 Wednesday, April 20, 1988 ® ORDINANCE NO. 4970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 7, "BUILDINGS," OF THE CODE OF ORDINANCES, BY ADDING SECTION 7 -60, "RESIDENTIAL ® FENCING;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 7, "Buildings," of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding a section to be numbered Section 7 -60 which shall read as follows: Sec. 7 -60. Residential fencing. Any person desiring to install or erect a residential fence shall apply for a building permit and meet all the requirements of this section in addition to any applicable deed restrictions. lb(a) Fences under the provisions of Section 7 -60 shall be constructed of any one of the following materials: (1) Redwood. (2) Rough cedar. (3) Pressure treated lumber. (4) Chain link. (5) Wrought iron. (6) Masonry. (7) Masonry columns with any one of the above. (b) All plywood materials are prohibited. (c) No residential fence shall be installed more than eight (8) feet in height. (d) No fence shall be constructed so as to constitute a visual traffic obstruction. (e) All residential fences shall be installed on the property of the building permit applicant. (f) Any replacement residential fence or substantial repair of a residential fence shall be constructed in accordance with this ordinance. C] (g) The building permit shall be $10.00. 80414 -1a fee for a residential fence Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 14th day of April, 1988. 2: MMETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk RANDALL . STRONG, Ci Attorney C :1:41:3 n LJ �111