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~ 14 0" ..... - ~ r¡", ORDINANCE NO. 1990- - 94 b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN 0 0 MARCOS, TEXAS AMENDING SECTION 16-1 OF THE CODE OF 0" ORDINANCES BY ESTABLISHING REQUIREMENTS FOR THE q: ERECTION OF FENCES WITHIN THE CITY: PROVIDING FOR - SEVERABILITY: REPEALING ALL CONFLICTING ORDINANCES; ~ 0 PROVIDING FOR A PENALTY: PROVIDING FOR PUBLICATION: AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 16-1, of the San Marcos Code of Ordinances, is hereby amended to read as follows: Sec. 16-1. Permit required for fences: regulation of barbed wire a.nd electric fences. (a) It shall be unlawful for any person to construct a fence constructed with barbed wire or charged with electricity without first obtaining a permit from the Building Inspection Division. A fee established by separate ordinance by the City Council shall be paid at the time of application for the permit. (b) It shall be unlawful for any person owning or controlling any property within the corporate limits of the City to construct, maintain, or permit to remain on such property a fence constructed with barbed wire except under the following circumstances: ( 1) Fencing for property used for agricultural or grazing purposes located within an Agricultural-Ranch District or Predevelopment District as designated by the City's official zoning map. (2) Security fenc ing for property other than property located within any residential zoning district as designated by the City's official zoning map, where the barbed wire is at least six (6) feet above the level of the adjoining ground. ( 3) Fencing constructed with barbed wire erected prior to the effective date of this Section. (c) It shall be unlawful for any person owning or controlling any property within the corporate limits of the City to construct, maintain or permit to remain on such property any fence charged with, or connected to a device charged with, alternating current (AC) electricity. SECTION 2. That the amount of the fee for fence permits under Section 16-1 of the San Marcos Code of Ordinances is hereby established at $lØ.ØØ. SECTION 3. That if any word, phrase, sentence, section or portion of this ordinance or of the standard code adopted by reference in it is found by court of competent jurisdiction to be unconstitutional or unenforceable for any reason, the remaining provisions of this ordinance or of such standard code shall remain in effect. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 5. That any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subj ect to the penalty prescribed in Section 1-5 of the San Marcos Code of Ordinances.