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(1) A six-foot or higher fence must surround each protected tree or group of trees, <br />preventing people, machinery, trash, material, and other items from occupying the area <br />within the protective fencing. <br />(2) The fence must be constructed of durable, highly visible materials supported on poles <br />firmly set in the ground. <br />(3) The fence must be able to resist intrusions and impact likely to be encountered on a <br />construction site. <br />(4) The fence may incorporate existing fences or walls as well as temporary fencing. <br />(5) Each fence must display a prominent warning sign. <br />(c) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective <br />fencing for trash disposal, storage, vehicle parking or any other use that could adversely affect tree <br />roots. <br />(d) If the developer chooses not to fence the tree, the amount paid to the tree fund is doubled the <br />calculated cost to the tree fund for that tree if it is severely damaged. The cap does not apply to this <br />amount. <br />Sees. 106-807-----106-830. -Reserved." <br />&LCiQn 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision <br />of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a <br />fine not to exceed TWOTHOUSAND DOLIARS ($2,000.00). <br />Q ,&Lti0_9. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately <br />considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have <br />been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid <br />or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, <br />but the valid portion shall be in force just as if it had been passed alone. <br />5S .LtiW,�LW. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of <br />such conflict only. <br />Q written City Council officially finds, determines, recites and declares that a sufficient w n <br />notice of the date, hour, place and subject of this meeting of the City Council is posted at a place <br />convenient to the public at the City Hall of the city for the time required by law preceding this meeting, <br />as required by Chapter 551, X. Gov't Code; and that this meeting has been open to the public as <br />required by law at all times during which this ordinance and the subject matter thereof has been <br />discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms <br />such written notice and the contents and posting thereof. <br />