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ORDINANCE NO. 558

AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 64, ARTICLE III, SECTION 64-44(e), TO ESTABLISH WHERE CHAINLINK FENCES ARE AND ARE NOT PERMITTED WITHIN THE TOWN; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, prior to the 2003 rewriting of the Town’s Code of Ordinances, former Section 26-33(e) prohibited chainlink fences in front yards other than those required by law for enclosure of a swimming pool; and

WHEREAS, in 2003 Code of Ordinances was amended and the revised provision regarding chainlink fences was codified in Section 64-44(e); and

WHEREAS, the Planning and Zoning Board of the Town of Ocean Ridge has recommended a revision to Section 64-44(e) to further clarify and establish where chainlink fences are and are not permitted within the Town and

WHEREAS, the Town Commission has determined that it is in the best interest of the Town and its citizens, from an aesthetic, economic, safety, health and welfare standpoint to prohibit chainlink fences in certain portions of lots located within the Town.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA:

Section 1.      Amendment. 

Chapter 64, Article III, Section 64-44(e) is hereby amended to read in its entirety, as follows: 

(e)        Chainlink fences; where permitted and prohibited:  No chainlink fence shall be permitted to be erected in or across any yard within the town which abuts an improved street or waterway.  Where  chainlink fences  are permitted,   they may extend only up to and no further than the     setback line of any adjacent yard or portion of the lot which abuts an improved street or waterway.  All chainlink fences shall be made of or covered in their entirety by vinyl.

Section 2.      Codification.  This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.

Section 3.      Severability.  If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.

Section 4.      Repeal.  All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.

Section 5.      Effective Date.  This Ordinance shall become effective immediately upon adoption.