HomeMy WebLinkAboutO-2008-1501-L6 placement of electric fences on the premises of single-family dwellings
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Budl!et
Requested By:
T. Tietjens
Source of Funds:
Department:
PlanniD~
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Z<<minl! Sect. 106-799
Amount Requested:
Exhibits:
08/26/08 Staff Memo to P&Z
Budgeted Item: YES NO
Exhibits:
Ordinance
SUMMARY & RECOMMENDATION
At their 07/28/08 and 08/25/08 workshops City Council discussed the regulation prohibiting electric fences within
the city. Ordinance #894, passed in 1971, was later incorporated into Zoning Section 106-799 but the prohibition
continues.
At the close of the 08/25/08 workshop, Council identified their wish for a change that allows tested/approved
electric fence equipment (installed in accordance with manufacturer's instmctions) for single-family dwellings.
This proposal was to assist owners in the management of livestock: and dogs.
Since a change to the city's zoning regulations requires a review and recommendation by the city's Planning &
Zoning (P&Z) Commission, Council's recommendation was going to be forwarded to P&Z for a 09/16108 public
hearing; however, the situation with Hurricane Ike delayed the matter until 10/16/08.
The P&Z recommendation is as follows:
. Allow electric fences for single-family dwellings (to assist owners in the management of livestock and
dogs only)
. Prohibit electric fences in all other uses
. Owner/occupant shall be responsible for obtaining/paying for an electric fence permit (prior to the fence
installation)
. Owner/occupant shall install and maintain signage on the electric fence
. Owner/occupant shall be responsible for scheduling a city inspection to confirm the product is
tested/approved and installed in accordance with manufacturer's instructions
Staff supports the P&Z recommendation and recommends passage of the ordinance as proposed by them.
Ill? ~
n'te
ZONING
" can be fastened commencing at a point at least seven feet above the groun , and such fence
"\ shall not be erected Within the required landscap~~ portion of any y or the front.xard
" . setback of any commercial or industrial establishment.
's,ec. 106-798. Fencing and wall requirements for auto salvage
yards, junk dealers, etc.
(a) eneral requirement. Every automotive wrecking salvage yard/junk dealer/scrap
metal pro essor yard with the city shall be completely sounded and enclosed by a solid fence
. .
or wall whi is at least eight feet in height.
"
.
(1)
. Every fence or wall herein shall be
(b) Construe ' n, ,maintenance of fence or
constructed and m 'ntained as follows:
, masonry, corrugated sheet metal, chain link or
ereof; provid , however, that anyone side of an automotive
ard/scrap metal processing yard shall be bounded by
only one of the above materials.
(2)
(3) All fences or walls s extend do ward to within three inches of the ground and
shall test plum an square at all time
(4) All fences or wa shall be constructed in c
the building c ae of the city.
(c) Use of wall, or or building as part offence or wall. part of a fence or wall required
by subsection (a) fthis section may consist in whole or in part 0 solid wall and door, or walls
and doors of y completely enclosed building on the premises, if
constructio requirements set forth in this section.
(d) G es at openings in enclosure. Openings ~ the prescribed en. osure which are
neces ry to permit reasonable access to said automotive wrecking and sal e yards/junk
yar s/scrap metal processing yards shall be equipped with a so~id gate or gates, "onstructed
. .. . .' /~
d plaintained in accordance with the requirements for a~13nce or wall set10rt 'n this
section. Such gates shall be closed and securely locked at all times except '~uring no al
daytime business hours,
(Code 1970, ~ 123/4~14(c)-(f))
~
Sec. 106-799. Construction, maintenance of electric f~ncesvrohibited.
It shall be unlawful for any person owning or controlling any property in the city. to
construct, maintain or permit to remain on such property any fence charged with electricity,
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CDI06:89
~ 106-799
LA PORTE CODE
defendant or situated on his premises and that any person received an electric shock by coming
in contact with such fence shall be prima facie evidence that such defendant caused such fence
to be charged with a current of electricity and caused and permitted such fence to be connected
with a source of electricity.
(Code 1970, ~ 8-3)
l'
Sec. 106-800. Landscaping.
/..-_.~,-
" /
(a) Landscaping is required in percentages specified in sections 106-393"; 106-443, and
6-522. Site plan and/or separate landscape plans shall be submitted ,j.ri' conjunction with
/
bui . g permit applications. Approval of landscape requirements is i}"condition of building
=~~,~r<lVaI. 'Ibtal area of requir,d landscaping shall b'/~~Uted by the fullowing
(1) Thta~velOPed site area shall be computed. ,;/
(2) Tot~ ar~ roofed over improvements shall be co,:p~ted and then deducted from the
developed Sl area. ,/
(3)
area.
ed landscaping shall be bas.ea"on the total remaining developed site
/
f/
,./
be !lsed for lanq.scaping purposes: However, right-of-way used
ute towareJ.,l a total requi~ed landscaping percentage for
/
parking and open-space areas. L scapi1}g on public property or easements is at owner's risk
and subject to the requirements of s ti6~ 106-794.
I
/
(c) Landscaping plans shall be devel ed using the following criteria:
/
. /
(1) Locatwn. /
"
/ "
a. Required landscaping shall be lac ed in the front and side yard.
b, LandsCaPinlY~'~ated in sight him],' 's' 'shall be maintained in a manner that
maintain~ area of clear visibility D ween three and six feet as measured
vertically from the adjacent prevailing gr e. " ,
(2) 'f!ypes ofPtzits and materials. Grass, ground cover, owering and nonflow~g plants,
shrubs d trees, wood, timber, stone, fountains, an onds may be uSE1d for required
lands ping. "
(b) Publ~c right-of-way !ll,1l "
for landscaping will not con
(3) Ma' tenance. Required landscaping must be maintained b e property owner and/or
i upant.
(d) landscaping/screening for shipping container facilities.
(If The property owner or tenant shall provide a natural will be
/ accomplished in one of three ways. .
,../ a. Leave in place existing trees, vegetation, underbrush, etc. to provide thorollgh,
continuous and effective opaque visual screening of the shipping ntainer
development.
,/'
/
.1/
Supp. No.4
CDI06:90
To:
From:
cc:
Date:
Re:
CITY OF LA PORTE PLANNING DEPARTMENT
604 W. Fainnont Parkway, La Porte, TX 77571
WW'H.laportetx.QOV
Phone: (281) 471-5020 I Fax (281) 471-5005
MEMORANDUM
Planning & Zoning Commission ~-C?Jr
Tim TIetjens, Director of Planni~ -
Mayor & Council
Ron Bottoms. City Manager
John Joems, Assistant City Manager
Debbie S. Wilmore, Chief Building Official
Masood Malik, City Planner
August 26, 2008
Electric Fences - Zoning Regulation Secl1 06-799
At the 07/28/08 workshop, City Council discussed Ordinance #894 prohibiting electric fences within the
city. Following that discl;Ission, staff was asked to research electric fences and schedule a 0812Sth
Council workshop.
During the D8/25th workshop, staff identified that Ordinance #894 prohibiting electric fences was
incorporated into the city's Zoning Chapter 106, Sect. 106-799. At the close of the workshop., Council
recommended Sect. 106-799 be amended as follows:
· Allow electric fenCes for single-family dwellings (to assist owners in the management of
livestock and dogs)
. Prohibit electric fences in all other uses
· Electric fence equipment ,shall be a tested/approved product tha~ is installed in
accordance with manufacture~s instructions
· No permit for the electric fence shall be required
In accordance with Amendment Procedures Sect. 106-171, Council's recommendation Is being
forwarded to the Planning and Zoning Commission (P&Z) for a September 18th public hearing. Following
the cbse ofthat meeting, P&Z shall forward its written findings offact and recommendations to Council
within 15 days of the close of their hearing. " '.
Council's public hearing on this matter woLiid o9Cur at th~jr October 13th meeting.
ORDINANCE NO. 1501- l (,
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE V.
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4. ~~FENCING AND
LANDSCAPING REQUIREMENTS", SECTION 106-799 "CONSTRUCTION,
MAINTENANCE OF ELECTRIC FENCES PROHIBITED", AMENDING APPENDIX-C
"FEES", AND AMENDING APPENDIX-B "FINES" OF THE LA PORTE CODE OF
ORDINANCES IN ACCORDANCE THEREWITH, BY ALLOWING ELECTRIC
FENCES ON THE PREMISES OF SINGLE-FAMILY DWELLINGS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 16th day of October, 2008, at 6:00 p.m. a Public Hearing
was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to
due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to
consider the question and the possible changes to the zoning ordinance. There is attached to this
Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all
purposes, a copy of Notice of Public Hearing.
"Section 2. TIle publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all
purposes.
"Section 3. On October 16, 2008, the Planning and Zoning Commission of the City of
La Porte met in regular session to consider amendments in the zoning ordinance, which were the
subject of such public hearing. The City Council of the City of La Porte is in receipt of the
written recommendations of the City of La Porte Planning and Zoning Commission, by letter
ORDINANCE NO. 1501- LC,
Page 2
. dated on the 20th day of October, 2008, a true copy of which letter is attached hereto as Exhibit
"C", incorporated by reference herein and made a part hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed changes to the ordinance and the recommendation of the Planning and
Zoning Commission on the 10th day of November, 2008, at 6:00 p.m., and pursuant to due
notice, to consider the recommendation of the Planning and Zoning Commission regarding the
possible changes to the ordinance. There is attached to this Ordinance as Exhibit "D",
incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of
public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for
all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission regarding the
amendment of Section 106-799, "construction, maintenance of electric fences prohibited",
amending Appendix-A "fees", and amending Appendix-B "fines" of the Code of Ordinances as
Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein
verbatinl.
"Section 7. The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable
ORDINANCE NO. 1501- /..-(,
Page 3
and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 8. The City Council official finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 9:
Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of
such section or part shall in no way affect, impair or invalidate the remaining portions thereof;
but as to such remaining portion or portions, the same shall be and remain in full force and effect
and to tIus end the provisions of this ordinance are declared to be severable.
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed
TWO THOUSAND DOLLARS ($2000.00).
Section 11. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at least twice
ORDINANCE NO. 1501- L(P
Page 4
within ten (10) days after the passage of this ordinance, in accordance with the provisions of
Chapter 52, Texas Local Government Code, and the City of La Porte Charter.
CITY ~ ~ORTE N. ~
By: ~.. ~
ALTON PORTER, Mayor
:~11uI
MARTHA GILLETT, City Secretary
APPRO~ ~. ^
By: ~~ //~
CL RK ASKINS, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 16th
day of October, 2008, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La
Porte, Texas. The purpose of this hearing is to receive public input on a proposed amendment to
Section 106-799 of Chapter 106 of the La Porte Code of Ordinances, to allow the use of electric
fencing in residential areas.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTlCIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN B Y COUNCIL.
THiS FACILITY HAS DiSABiLITY ACCOMMODATIONS AVAiLABLE. REQUESTS FOR ACCOMMODATIONS FOR
iNTERPREI1VE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETiNG. PLEASE CONTACT
THE CITY SECRETARY'S OFFiCE AT 281-471-5020 OR TDD LINE 281 -471-5030 FOR FURTHER INFORMATION.
EXHIBIT A
820 S. 8th Street
.J.a Porte, Texas nS71
,..".1
n.i'
;pll:
)W'
281-471-1234
Fax 281-471-5763
RE: PUBLIC NOTICE
CITY OF LA PORTE
PROPOSED AMENDMENT
TO SEC 106-799, CHAP 106
ELECTRICAL FENCING
efore me, the undersigned authority, on this date came and
ppeared Adam Yanelli, a duly authorized representative of The
ayshore Sun, a semi-weekly newspaper published and generally
istributed in the City of La Porte, Harris County, Texas and who
fter being duly sworn, swears the attached notice was published in
he Bayshor Su a 9/28/08
Sworn and subscribed before me this
September ,2008.
30th
day of
~Au~
Notary Public
Harris County, Texas
My Commission Exprires 03-13-2012
EXHfBIT B
City of La Porte
Established 1892
October 20, 2008
Honorable Mayor Alton Porter and City Council
City of La Porte
Re: Zoning Ordinance Amendment - Electric Fences
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on October 16,
2008, held a public hearing to consider an amendment to the Zoning Ordinance (Chapter
106 of the Code of Ordinances), by amending Sections 106-799; related to the electric
fencing for single-family dwellings.
The Planning and Zoning Commission, by unanimous vote, recommends that City
Council consider approval of an amendment related to the electric fencing for single-
family dwellings.
Respectfully Submitted,
~ ~S'--
Hal Lawler
Chairman, Planning and Zoning Commission
c: Ron Bottoms, City Manager
John Joerns, Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
rf'\
EXH\B\1 ~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions ofthe Texas Local Government Code, notice is hereby given that the
La Porte City Council conduct a public hearing at 6:00 P.M. on the 10th day of November, 2008, in
the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to consider an amendment to Section 106-799 of Chapter 106 of the La Porte Code of
Ordinances, to allow the use of electric fencing for single-family dwellings.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A QUORUM OF CITY COUNCIL MEMBERS MA Y BE PRESENT AND PARTlCIPA TE IN DISCUSSIONS DURING THIS MEETING;
HOWEVER, NO ACTION WILL BE TAKEN BY COUNCIL.
THIS FACILiTY HAS DISABILiTY ACCOMMODATIONS AVAILABLE. REQUESTS FOR ACCOMMODATIONS FOR
INTERPRETIVE SERVICES AT ME"'E71NGS SHOULD BE MADE 48 HOUR,) PRIOR TO THE MEETING. PLEASE CONTACT
THE ClTY SECRETARY'S OFFlCE AT 281 -471 -5020 OR TDD LlNE 281 -47 1-5030 FOR FURTHER INFORMA110N.
txHJBIT D
820 S. 8th Street
Porte, Texas 77571
281-471-1234
Fax 281-471-5763
,~
'/Pi.~Th B
,~j e
'1
re Sun
a
~:ICity of La Porte
'founty of Harris
, tate of Texas
RE: PUBLIC NOTICE
CITY OF LA PORTE
AMEND SEC 106-799
ELECTRIC FENCING
efore me) the undersigned authority, on this date came and
ppeared Adam Yanelli, a duly authorized representative of The
ayshore Sun, a semi-weekly newspaper published and generally
istributed in the City of La Porte, Harris County, Texas and who
fier being duly sworn, swears the attached notice was published in
,;i**~;jThe Baysh re S rj' ed 10/26/08
ncIl .... pro;; or ;
.~,,;i,
Sworn and subscribed before me this
October ,2008.
~Aujfm
Notary Public
Harris County, Texas
28th
day of
My Commission Exprires 03-13-2012
UflJi 1II1l1l1l11U1I11I1/ ///11/ /1 J' 11/11/" 111/ III I!!
I'f).'*f; DEBORAH SUE STOUT ~
;;~. '.' 11 NOTARY PUBLIC ::
i ~ STATE OF TEXAS =
Ii · Comm. Exp. 03-13-2012 E
m 111/11111111I11111I1111/11I/11I11111111/ /111/1/ / J n
F'"
EXHfBIT 1~
A) That Chapter 106, "Zoning," Article V. "Supplementary District Regulations", Division 4.
"Fencing and Landscaping Requirements," Section 106-799 "Construction, Maintenance of
Electric Fences Prohibited," of the Code of Ordinances, La Porte, Texas, is hereby amended to
read as follows:
"Sec. 106-799. Construction, Maintenance of Electric Fences.
a) Except as provided herein, it shall be unlawful for any person owning or .controlling
any property in the city to construct, maintain, or permit to remain on such property any fence
charged with electricity, or to cause any fence to become charged with a current of electricity, to
connect any such fence with a source of electricity or to permit any fence under the control of
such person to be connected with a source of electricity.
b) The use of electric fences shall be allowed on the premises of any single family
dwelling, without regard to the zoning district classification of the property, only for the purpose
of erecting an enclosure to restrain the movement of dogs and/or livestock. All electric fence
equipment so utilized shall be a UL approved product and installed and maintained in accordance
with the manufacturer's instructions. The owner and/or controller of the premises shall be
responsible for I) obtaining a building permit prior to installation of the electric fence; 2)
installing and maintaining signage that identifies the fence as an "electric fence", and 3)
scheduling a city inspection to confirm the product is tested/approved and installed in accordance
with manufacturer's instructions.
c) Permit fees shall be in accordance with Appendix A of the Code of Ordinances.
d) In any prosecution under this section testimony that any fence was under the control of
the defendant or situated on his premises and that any person received an electric shock by
coming in contact with such fence shall be prima facie evidence that such defendant caused such
fence to be charged with a current of electricity and caused and permitted such fence to be
connected with a source of electricity."
B) That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding
Chapter 106 "Zoning," Article V. "Supplementary District Regulations", Division 4. "Fencing
and Landscaping Requirements," Section 106-799 "Construction, Maintenance of Electric
Fences", to Appendix-A "Fees", which shall read as follows:
"Chapter 106. Zoning
Article V. Supplementary District Regulations
Division 4. Fencing and Landscaping Requirements
(a) Permit Fee for Electric Fence .........................
$50.00"
EXHIBIT
C) That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding
Chapter 106 "Zoning," Article V. "Supplementary District Regulations", Division 4. "Fencing
and Landscaping Requirements," Section 106-799 "Construction, Maintenance of Electric
Fences", to Appendix-B "Fines", which shall read as follows:
"Chapter 106. Zoning
Article V. Supplementary District Regulations
Division 4. Fencing and Landscaping Requirements
(a) Fine for violation of S 1 06-799 .........................
$2000.00"
2