Ord 29-2016 8/16/2016
Ordinance No. _29-2016
Ordinance amending the Code of Ordinances at Chapter 46,
Environment, by the addition of Article VII, Fencing; providing for
repeal of ordinances or parts of ordinances in conflict herewith;
providing for inclusion in the Code; providing for severability
WHEREAS, the City’s Code of Ordinances currently does not provide uniform
standards for erection and maintenance of private fences in the City; and,
WHEREAS, it is the desire of the City Council to provide such language in the
Code of Ordinances making it a violation of the Code to allow a fence to fall into a state
of disrepair.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 46, Environment, of the Wichita Falls Code of Ordinances is
hereby amended by the addition of Article VII, Fencing, so that such Article shall
hereafter read as follows:
“ARTICLE VII. – FENCING
Sec. 46-270. - Purpose.
The purpose of the fencing provision is to provide uniform standards for the
erection and maintenance of fences. All fences in this section shall be erected and
maintained in accordance with these standards. The general objectives of these
standards are to promote health, safety, welfare, convenience, and enjoyment of the
public, and to improve and maintain the long-term sustainability of the community.
Sec. 46-271. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Approved fence materials. Materials normally manufactured for, used as, and
commonly recognized as fencing materials such as: wrought iron or other decorative
metals suitable for the construction of fences, metal panels, fired masonry, concrete,
stone, stucco, metal tubing, wood planks, chain -link and vinyl composite manufactured
specifically as fencing materials. Fence materials used must be for exterior use and be
weather and decay-resistant.
Fence. An artificially constructed barrier enclosing, separating or screening areas
of land, serving as a boundary, a means of protection, a buffer, a decorative element, a
means of visually modifying the view, and/or conf inement. A fence is any part of a fence
including the base, footings, supporting columns, post, braces, gates, structural
members or any other of its appendages.
Repair. Routine maintenance where replacement of materials is less than twenty-
four (24) feet in length and the scope, location or dimensions of the fence are not
changed. Repairs shall be made using materials with color, size and shape as nearly
identical to the original as possible, and with quality meeting or exceeding the quality of
the original.
Sec. 46-272. - General Requirements
(a) All fences shall be constructed using approved fence materials.
(b) No person shall construct a fence, guy wire, brace or any fence post upon
or into a public right-of-way unless otherwise authorized by the City Manager or
designee.
(c) No fence shall be erected within any drainage easement, or visibility,
access and maintenance easements unless otherwise authorized by the City Manager
or designee.
(d) A fence shall not adversely affect drainage or create debris build-up.
(e) All areas three feet (3') in radius around fire hydrants and fire hose
connections must be kept free of any fencing.
(f) No fence shall be constructed as to encroach into any area designated as
part of the visibility triangle as specified in the City of Wichita Falls Code of Ordinances.
(g) A fence constructed or repaired on a parcel of land shall be constructed
such that each side of the fence shall maintain the character of the fence design.
Sec. 46-273. – Fence Construction
(a) No person shall construct a fence that is not able to structurally support
fencing materials as required in the building code as currently adopted and amended.
(b) A person building a fence shall comply with the requirements of the
building code and all other city ordinances with regard to construction, materials and
workmanship of the fence.
(c) No portion of a fence may interfere with or alter any drainage swale
between lots.
(d) A person constructing a fence shall use only app roved materials and
construction methods that ensure uniform construction throughout.
Sec. 46-274. – Maintenance and Standards for Fences.
(a) It is unlawful for a property owner and/or occupant to maintain, suffer or
allow a fence on property they own or occupy that does not comply with the
requirements of this section. In addition to requirements not included in this section, a
fence shall be maintained in compliance with the following standards:
(1) A fence shall not lean more than 10 degrees out of vertical
alignment.
(2) A fence shall not be constructed of damaged, deteriorated or
unsafe materials.
(3) The owner and/or occupant shall repair broken, damaged, removed
or missing parts of a fence with the same material, or material with
comparable composition, color, size, height, shape and quality of
the original fence to which the repair is being made.
(4) A fence shall be maintained in sound structural condition as a
whole or be completely removed, including post(s) and footing(s).
(5) Property owners and/or occupants shall maintain fences, including
those existing prior to the adoption of this article, at all times in a
state of good repair, safe and secure condition, with all braces,
bolts, nails, supporting frame, fastenings and other compon ents
free from deterioration, and able to withstand at all times the wind
pressure for which they were designed.
(b) The construction of a fence or wall on the property line shall not preclude
the property owner’s responsibility to maintain and keep the area between the property
line to the back of curb or edge of the pavement or center of alley, free and clear of
debris and high weeds and grass.
Sec. 46-275. - Penalty for violation.
(a) Any person who violates this article shall, upon conviction of such
violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided
in section 1-14.
Secs. 46-276-46-288 reserved.”
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas,
that the provisions of this ordinance shall become a part of the Code of Ordinances of
the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered
or relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance
or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining p ortions of said ordinance or the
Code of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 16th day of August, 2016.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk