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Home My Public Portal AboutOrdinance No. 1093-07 09-11-2007 1093-07 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING VARIOUS PROVISIONS OF CHAPTER 90 OF THE CITY CODE REGULATING THE USE OF BARBED, CONCERTINA AND RAZOR WIRE; PROVIDING NEW DEFINITIONS OF SUCH TERMS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has previously enacted a number of regulations regarding the use of barbed, concertina, and razor wire in the City; and WHEREAS, the above-referenced regulations are ambiguous and conflicting, and create uncertainty; and WHEREAS, the City Council has previously enacted a moratorium on enforcement activities to study the issue, and has determined that the use of barbed wire strands on the top of permitted fences on commercially zoned properties with some limitations; and WHEREAS, the City Council wishes to continue the ban on the use of concertina and razor wire, except for use as part of security devices for the purpose of security at governmental criminal detention facilities; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 TO ADD DEFINITIONS Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following definitions: Barbed wire means wire or other fencing material with one or more sharp points or barbs, but no cutting blade or edge protruding, and which is strung in a straight line. Concertina wire means barbed or razor wire which is strung in a circular, octagonal or other coiled pattern, rather than in a straight line. Razor wire means wire or other fencing material with one or more cutting blades or edges protruding. In all other respects, Section 90-4 shall remain unchanged. SECTION 2. AMENDMENT OF SECTION 90-293 TO REMOVE REGULATION OF RAZOR AND CONCERTINA WIRE Subsection 90-293 (f) of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby deleted. The remaining subsections renumbered accordingly. In all other respects, Section 90-293 shall remain unchanged. SECTION 3. AMENDMENT OF SECTION 90-291 TO REMOVE REGULATION OF RAZOR AND BARBED WIRE Section 90-291 of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Section 90-291. Placement. Except as otherwise provided in this chapter, a fence, wall or hedge maybe erected, placed or maintained along a lot line of a residentially zoned property within the city to a height not exceeding eight feet above ground level. The board of adjustment may grant a variance from the requirement of this section after a public hearing, if it is found that such action is within the general purpose and intent of this chapter. In no case shall fencing extend into a front yard beyond the front face of the primary structure in a commercial district. SECTION 4. AMENDMENT OF SECTION 90-294 TO AMEND REGULATIONS REGARDING BARBED, RAZOR AND CONCERTINA WIRE Section 90-294 of Article IX, Division 4, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: Section 90-294. Regulations regarding razor, concertina, and barbed wire fences. (a) Barbed wire may be used in fence construction in conjunction with permitted agricultural activities without restriction, provided, however, that all other regulations relating to fencing are satisfied, including but not limited to height and setbacks. The ORDINANCE AMENDING REGULATIONS REGARDING BARBED, CONCERTINA AND RAZOR WIRE Page 2 W:\Richland Hills\Ordinancelbarbed wire.tgs.FINAL.9.11.07.wpd use of barbed wire in fence construction is otherwise prohibited in all other districts, except as provided in subsection (b) of this section. (b) Barbed wire strands may be placed on top of permitted fences and screening around public utility facilities including, but not limited to, substations, transformer stations and other similar public uses, for the purpose of securing such public facilities from theft, entry and hazard. Barbed wire strands may be placed on top of permitted fences and screening around permitted storage yards in industrial and commercial districts for the purpose of securing such public facilities from theft, entry and hazard, provided, however, that the following conditions shall apply: (1) no barbed wire may be placed less than six feet (6') or more than ten feet (10') above grade level; (2) No more than four (4) (4) strands of barbed wire maybe placed on any fence. (c) Fences constructed in whole or in part of razor wire or concertina wire are prohibited throughout the City, except that either razor wire or concertina wire may be used as part of security devices for the restraint of persons being held or detained by the City or other governmental law enforcement agency for criminal violations. SECTION 5. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, 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 the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the 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 7. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters ORDINANCE AMENDING REGULATIONS REGARDING BARBED, CONCERTINA AND RAZOR WIRE Page 3 W:\Richland Hills\Ordinance\barbed wire.tgs.FINAL.9.11.07.wpd regulated herein 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 maybe prosecuted until final disposition by the courts. SECTION 8. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 9. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10. PENALTY FOR VIOLATION 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 shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11. EFFECTIVE DATE 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. PASSED AND APPROVED ON THIS 1 ~'V~,. DAY OF 2007. r r~ (j/5l T HONORABLE DAV L. RAGAN, MAYOR ORDINANCE AMENDING REGULATIONS REGARDING BARBED, CONCERTINA AND RAZOR WIRE Page 4 W:\Richland Hills\Ordinance\barbed wire.tgs.FINAL.9.11.07.wpd ATTEST: INDA CANTU, CITY SECRETARY EFFECTIVE DATE: ~00~ . • J' , APPROVED AS O FO ND LEGALITY: `p ~ . I y= ,v TIM G. SRALLA, CITY ATTORNEY ' • • • • • ' ~~~nininiii~~~~~ ORDINANCE AMENDING REGULATIONS REGARDING BARBED, CONCERTINA AND RAZOR WIRE Page 5 W:\Richland Hills\Ordinance\barbed wire.tgs.FINAL.9.11.07.wpd