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D. No fence, wall, or hedge shall be located as to extend into street or alley <br />rights -of -way. <br />E. If a Planned Unit Development requires a fence constructed of wood or <br />another combustible material, a property owner may install a noncombustible <br />fence for the portion of the fence that connects the principal structure to the <br />side property line, provided that: <br />1. The fence matches the height the limit set forth in the Planned Unit <br />Development: and <br />2. The fence shall match the design intent for openness or solid <br />construction set forth in the Planned Unit Development. <br />Section 2. If any portion of this ordinance is held to be invalid for any reason <br />such decisions shall not affect the validity of the remaining portions of this ordinance. The <br />City Council hereby declares that it would have passed this ordinance and each part <br />hereof irrespective of the fact that any one part be declared invalid. <br />Section 3. The repeal or modification of any provision of the Louisville Municipal <br />Code by this ordinance shall not release, extinguish, alter, modify, or change in whole or <br />in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been <br />incurred under such provision, and each provision shall be treated and held as still <br />remaining in force for the purpose of sustaining any and all proper actions, suits, <br />proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, <br />as well as for the purpose of sustaining any judgment, decree, or order which can or may <br />be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. <br />Section 4. All other ordinances or portions thereof inconsistent or conflicting <br />with this ordinance or any portions hereof are hereby repealed to the extent of such <br />inconsistency or conflict. <br />INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED <br />PUBLISHED this 2nd day of August, 2022. <br />ATTEST: <br />Meredyth Muth, City Clerk <br />Ashley S I ann, Mayor <br />Ordinance No. 1838, Series 2022 <br />Page 2 of 3 <br />