§ 153.079 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
   FENCE - GENERAL. The word FENCE shall in general terminology mean any structure composed of wood, metal, stone, plastic, cellular vinyl, or other natural and permanent material erected and positioned as to enclose or partially enclose any premises or any part of any premises. Trellises, or other structures supporting, or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose or partially enclose or separate any premises shall be included within the definition of the word FENCE. Hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word FENCE.
   (A)   SOLID FENCE. A fence designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than 50% of its vertical surface area closed to light and air.
      (1)   BOARD ON BOARD or ALTERNATING BOARD ON BOARD. A fence constructed of vertical wood boards or other natural and permanent material with one-inch nominal size boards between, or upon, a frame of 2-inch nominal members and 4x4 nominal posts.
      (2)   LOUVER or VENTILATING FENCE. A fence made of a series of wood slats or other natural and permanent placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
      (3)   SOLID PICKET FENCE. A fence made up of upright one-inch by two-inch nominal wooden boards or other natural and permanent material, that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.
      (4)   STOCKADE or PALISADE FENCE. A fence constructed with a row of large pointed stakes of wood or other natural and permanent material placed upright against each other having more than 50 percent of the area of its vertical plane closed to light or air.
      (5)   WALL, STONE or BRICK. A solid fence constructed of stone or brick.
   (B)   PARTIALLY OPEN FENCE. A fence designed to offer a vertical, but not totally blocked, visual separation. This fence is used where a low level of screening is adequate to soften the impact of the use or where partial visibility between areas is more important than a total visual screen. Partially open fences include:
      (1)   PICKET FENCE. A partially open fence made of upright wooden poles or slats. This fence may be an open fence if the space between the vertical boards is greater than the width of the boards.
      (2)   ARBOR or TRELLIS. A fence of latticework used as a screen or as a support for climbing plants.
   (C)   OPEN FENCE. A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than 50 percent of its vertical surface area open to light and air. Permitted open ornamental fences are:
      (1)   SECURITY or INDUSTRIAL FENCE. A fence made with metal wire having sharp points, barbs, edges or other attached devices designed to discourage physical contact along its length.
      (2)   CHAIN LINK FENCE. A fence usually made of metal, loops of wire interconnected in a series of joined links and including vinyl, plastic-coated or painted varieties.
      (3)   ELECTRIFIED FENCE. All fences or structures, with a device or object that emits or produces an electric charge, impulse or shock when the same comes into contact with any other object or any person, animal or thing, or which causes or may cause burns to any person or animal. So-called wireless or radio controlled fences that utilize radio signals and control collars are excluded from this definition.
      (4)   SMOOTH RAIL, SPLIT RAIL, MILLED RAIL or CONTEMPORARY RAIL FENCE. A fence constructed of narrow, whole or split, wooden timbers or boards placed horizontally between upright supporting posts. Smooth rail, split rail, milled rail or contemporary rail fences may have supplemental wire fencing or mesh attached to the interior of the fence. Such wire shall be painted or coated black. For the purpose of improved containment, the opening size shall be not less than 3" X 3" and designed in a horizontal grid.
      (5)   WROUGHT IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.
      (6)   RADIO CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio controlled fences are exempt from these regulations.
      (7)   RETAINING WALL. A wall composed of wood, stone, brick or other masonry material designed to hold back a portion of higher ground from a lower one. A retaining wall permits two elevation levels to be placed adjacent to each other with an abrupt vertical change between them.
      (8)   ACCENT FENCE. A fence that is used solely for ornamental purpose and does not enclose or partially enclose an area.
(Ord. 75-98, passed 3-20-00; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 66-12, passed 11-5-12)