O-2023-66 Amending Article 3.19 Fence Regulations Screening of Open FenceTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2023-66
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SUBSECTIONS (10), "OPEN FENCING REQUIREMENTS," AND (11),
"PROHIBITED," OF SECTION 3.19.001, "GENERAL REGULATIONS," OF
ARTICLE 3.19, "FENCE REGULATIONS," OF CHAPTER 3, "BUILDING
REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER BY AMENDING PROVISIONS RELATED TO OPEN FENCING AND
PROHIBITED FENCING; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that maintaining certain standards is critical to preserve the image of the Town; and
WHEREAS, the Town Council has also determined that modifications to certain fences
adjacent to parks, trails, thoroughfares, and collectors do not enhance the image of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subsections (10), "Open
Fencing Requirements," and (11), "Prohibited," of Section 3.19.001, "General Regulations," of
Article 3.19, "Fence Regulations," of Chapter 3, "Building Regulations," of the Code of Ordinances
of the Town of Prosper Texas, ARE hereby amended to read as follows:
"ARTICLE 3.19 FENCE REGULATIONS
Sec. 3.19.001 General Regulations.
(10) Open fencing requirements. Fences adjacent to public or private open space, public
or private parks, hike and bike trails, or a thoroughfare/collector street, as so designated by the
Town on its Thoroughfare Plan, as amended, shall be ornamental metal, tubular steel or split rail
with a minimum 50 percent (50%) through vision. Wooden fences legally installed on or before
October 7, 2015, may be replaced with a wooden fence in compliance with the wooden fence
standards as they exist or as may be amended.
(11) Prohibited. Fences may not contain and/or be:
(A) Continuous electrical current, although single -strand wire designed to conduct
electricity through an approved low -voltage regulator shall be allowed along the fence's interior
base line;
(B) Constructed to contain barbed wire;
(C) Plywood;
(D) Fiberglass or fiberglass panels;
(E) Corrugated steel or sheet iron;
(F) Razor wire; and/or
(G) Altered to contain screening material on the fence that does not maintain a
minimum of 50 percent (50%) through vision. Except for living screens, screening material may
not be placed within the building setback area of any lot. For purposes of this Article, "living
screen" shall include trees, bushes, shrubbery or other living plant material.
SECTION 3
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
law.
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
Ordinance No. 2023-66, Page 2
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF OCTOBER, 2023.
7'r
David F. Bristol, Mayor
ATTEST:
Vux'osi rj� arm
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. W Ich, Town Attorney
Ordinance No. 2023-66, Page 3
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