STATE OF
CITY OF
AN ORDINANCE REGULATING THE
SPECIFYING CONSTRUCTION
MATERIALS; REQUIRING FENCING FOR SWIMMING
POOLS; PROVIDING A PENALTY
FOR VIOLATION; AND SUPERSEDING PREVIOUS
ORDINANCES IN CONFLICT.
Whereas, the City Council of
the City of Converse desires to protect property values and promote community
pride as well as the general welfare and,
Whereas, the City Council of
the City of
Whereas, the City Council of
the City of Converse desires to ensure reasonable consideration, in determining
the standards of maintenance and appearance within the City of Converse, Texas.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1. DEFINITION:
A. Fence: A fence is hereby defined to be a
barrier or screening device constructed of approved materials located within a
property or along a property boundary line.
B. Swimming Pool: Any structure intended for
swimming or recreational bathing, that contains water over 24 inches deep. This
includes in-ground, above-ground, and on-ground swimming pools, hot tubs and
spas.
2. REQUIREMENTS:
A. Commercial and Industrial Areas: Fences are
permitted providing that they are constructed of wood, concrete, brick, approved vinyl or galvanized chain
link. Fences in the required front yard area may not be higher than three (3)
feet. Side or rear yard fences may not exceed eight (8) feet in height.
B. Residential Areas: Fences are permitted
providing that they are constructed of wood, concrete, brick, approved vinyl or galvanized chain
link. Fences in the required front yard area may not be higher than three (3)
feet. Side or rear yard fences may not exceed eight (8) feet.
C. Swimming Pools: Fences are required for all outdoor facilities
meeting the definition of swimming pool in paragraph lB. above.
3. PERMIT REQUIREMENT: No fence
shall hereafter be erected within the City unless the person or company
erecting such fence shall first obtain from the Building Inspector a permit for
the construction of such fence. The cost
of such permit shall be $25. Such permit shall specify the height, length, materials, style and
location of such fence.
4. CONFORMANCE WITH BUILDING CODE: All fences
hereinafter constructed shall conform with the latest edition of the Southern
Standard Building Code. Additionally, side and backyard fences shall be
constructed along the property line unless granted a variance by the City
Manager.
5. SWIMMING POOL FENCES: All outdoor swimming
pools shall be provided with a barrier fence that shall comply with the
following:
A. The top of the barrier fence shall be at least 48 inches above grade
measured on the side of the fence which faces away from the swimming pool. The
maximum vertical clearance between grade and the bottom of the fence shall be 2
inches measured on the side of the fence which faces away from the swimming
pool. Where the top of the pool structure is above graded, such as an
above-ground pool, the fence may be constructed at ground level or mounted on
top of the pool structure. Where the fence is mounted on top of the pool
structure, the maximum vertical clearance between the top of the pool structure
and the bottom of the fence shall be 4 inches.
B. Openings in the fence shall not allow passage of a 4-inch diameter
sphere.
C. Solid fences which do not have openings, such as masonry or stone
walls, shall not contain indentations or protrusions except for normal
construction tolerances and tooled masonry joints.
D. Where the
fence is composed of horizontal and vertical member and the distance between
the tops of the horizontal member is less than 45 inches, the horizontal
members shall be located on the swimming pool side of the fence. Spacing
between vertical members shall not exceed 1 ¾ inches in width. Where there are
decorative cutouts within vertical members, spacing within the cutouts shall not
exceed l 3/4 inches in width.
E. Where the fence is composed of horizontal and vertical member and the
distance between the tops of the horizontal member is 45 inches or more, the
spacing between vertical members shall not exceed 4 inches in width. Where
there are decorative cutouts within vertical members, spacing within the
cutouts shall not exceed 1 ¾inches in width.
F. Maximum mesh size for chain link fences shall be a 1 ¼ inches
square unless the fence is provided with slats fastened at the top or the
bottom which reduce the openings to not more than 1 3/4 inches.
G. Where the fence is composed of diagonal
members, such as a lattice fence, the maximum opening formed by the diagonal
member shall not be more than 1 3/4 inches.
H. Access gates shall comply with the same
requirements as the fence and shall be equipped with a locking device.
Pedestrian access gates shall open outward away from the pool and shall be
self-closing and have a self-latching device. Where the release mechanism of
the self-latching device is located less than 54 inches from the bottom of the
gate, the release mechanism and openings shall comply with the following:
(1) The release mechanism shall be located on the pool side of the gate
at least 3 inches below the top of the gate; and,
(2) The gate and fence shall have no opening greater than ½ inch within
18 inches of the release mechanism.
I. Where a wall of a dwelling serves as part of
the barrier, one of the following conditions shall be met:
(1) The pool shall be equipped with a powered safety cover in compliance
with American Society for Testing and Materials Standard Performance
Specifications for Safety Covers and Labeling Requirements for All covers for
Swimming Pools, Spas and Hot Tubs (ASTM F 1346); or,
(2) All doors with direct access to the pool through that wall shall be
equipped with an alarm which produces an audible warning when the door and its
screen, if present, are opened. The audible warning shall commence not more
than 7 seconds after the door and door screen, if present, are opened and shall
sound continuously for a minimum of 30 seconds. The alarm shall have a minimum
sound pressure rating of 85 dBA at 10 feet and the sound of the alarm shall be
distinctive from other household sounds such as smoke alarms, telephones and
door bells. The alarm shall automatically reset under all conditions. The alarm
system shall be equipped with a manual means, such as a touch pad or switch, to
deactivate temporarily the alarm for a single opening. Such deactivation shall
last for not more than 15 seconds. The deactivation switches shall be located
at least 54 inches above the threshold of the door; or,
(3) All doors with direct access to the pool
through the wall shall be equipped with a self-closing and self-latching device
with the release mechanism located a minimum of 54 inches above the floor.
Swinging doors shall open away from the pool area.
J. Where an above-ground pool structure is used
as a barrier or where the fence is mounted on top of the pool structure, and
the means of access is a ladder or steps, the:
(I) The ladder or steps shall be
capable of being secured, locked or removed to prevent access; or
(2) The ladder or steps shall be
surrounded by a barrier fence which meets all of the above requirements for
fences and access gates. When the ladder or steps are secured, locked or
removed, any opening created shall not allow the passage of a 4-inch-diameter
sphere.
K. Swimming pool fences shall be located so as to
prohibit permanent structures, equipment or similar objects from being used to
climb the fence.
6 STANDARDS
OF MAINTENANCE:
A. All swimming pool fences, and commercial,
industrial, and residential privacy fences visible from a public right-of-way
at standing eye level shall be maintained in good condition; free of loose,
missing or broken boards, post or other components, and not leaning to the
point the top is one foot or more off plumb from the bottom.
B. Where a fence in need of repair is on the
boundary between private property and a public right-of-way, the home owner is
solely responsible for the maintenance and appearance of the fence. Where a
fence in need of repair is visible from a public right-of-way from standing eye
level, but is on the boundary of two private properties, the home owners are
jointly responsible for the maintenance and appearance of the fence. The home
owner, or owners, shall be informed by letter that the fence requires repair
and that 10 days shall be allowed from the date of the letter to accomplish the
necessary repairs. The City Manager is authorized to grant extensions to the 10
days for circumstances beyond the home owners control. However, the extensions
shall not exceed 60 days.
C. If the fence remains unrepaired after the 10
days, or any extension granted by the City Manager, a citation for violation of
this Ordinance shall be issued to the responsible home owners, and the City
shall take action to get the fence repaired and send the bill to the home
owner. If the bill is not paid within 30 days, a lien shall be place on the
property and accrue interest at the rate of 10 percent per year until the debt
is settled.
7. RESTRICTIONS:
A. No fence shall be hereinafter constructed as
to cause danger to traffic by obstructing the view of such traffic.
B. No fence, except for decorative fences no
more than three feet in height, shall hereinafter be constructed between the
front building setback line and the front property line in any Residential
District.
C. All posts shall be embedded in concrete at a
maximum of eight feet (8’)on center.
D. It shall be unlawful for any person to build
or place any fence of any kind on or across any drainage easement or any
natural or artificial drain or any stream, creek or channel in the City.
8. SEVERABILITY: If any section or part of any section or paragraph of
this ordinance is declared invalid or unconstitutional for any reason, it shall
not be held to invalidate or impair the validity, force, or effect of any other
section or sections or part of a section or paragraph of this Ordinance.
9. PENALTIES: Any person violating any provision of this ordinance
shall, upon conviction, be assessed a fine of not more than $1,000. Each day of
violation shall constitute a separate offense.
10. SUPERCESSION: This Ordinance supersedes City of
PASSED AND APPROVED THIS __4__ day of April, 2006.
______________________________
Craig Martin
Mayor
ATTEST:
_____________________________
A. I. Hieronymus