No person shall erect, construct or maintain any partition or division fence or any section or portion thereof which exceeds four and one-half feet in height above the surface of the ground for the first 50 feet back from the front of street line of the lot or lots; and no partition or division fence shall be constructed of such height or in such a manner as to interfere with the access of light or air to any dwelling house or place used as a permanent habitation.
(1960 Code, § 40-7-2) Penalty, see § 158.999