1129.09 FENCES AND ELECTRONIC FENCES.

   (a)   Fences constructed within a rear yard and side yard shall not be higher than six (6) feet. All fences are considered an accessory structure.

   (b)   No fence, wall, or hedge shall rise over thirty-six (36) inches in height on any required front yard. No fence, wall or hedge planting shall interfere with visibility from a driveway or public right-of-way. The Municipal Manager is hereby empowered to cause all obstructions to be removed in the interest of public safety.

   (c)   All support structures shall face to the inside of the lot.

   (d)   Any posts or decorative features used in the construction of a fence shall not be higher than one (1) foot above the height of the fence.

   (e)   It shall be the property owner’s responsibility to ensure that all fences shall be erected within the property.

   (f)   Fences on properties next to an alley shall not be higher than seven (7) feet on the rear or side yard facing the alley.

   (g)   All fence installation or modification requires a Zoning Permit.

   (h)   Fences are permitted to be constructed on easements. However, if access is needed to the easement, the fence shall be removed and in reinstalled at the owner’s expense.

   (i)   A thirty-six (36) inch fence is permitted on corner lots subject to the condition that the fence provides for eighty percent (80%) visibility. The fence may not obstruct the visibility at any intersection.

   (j)   Any owner, keeper, or harborer of an animal relying upon an electronic fence, “Invisible Fence, or similar containment system, must post visible signage evidencing that such containment system is in place.

   (k)   An electronic fence, “Invisible Fence”, or similar containment system shall require a building permit, same as construction of any other fence or barrier requires.

   (l)   An electronic fence, “Invisible Fence”, or similar containment system, must have its boundary no less than four (4) feet from the property line of the property on which the electronic fence, “Invisible Fence”, or other similar containment is constructed.

(Ord. 14-53. Passed 8-18-14.)

   (m)   No one shall construct or install any electronic fence, “Invisible Fence”, or similar containment system, on any property that abuts or is contiguous with any public park or public walkway, not to include sidewalks which run parallel to any public street.

(Ord. 15-01. Passed 1-20-15.)

   (n)   It shall not be a defense to a charge under this section that the electronic fence or containment system was not working or that it failed to keep an animal from leaving the owner’s premises.

   (o)   Whoever violates any provision of this section shall be guilty of a minor misdemeanor.
(Ord .14-53. Passed 8-18-14.)