(A) Scope. The respective owners of all lots in the city shall construct and maintain fences between their own and adjoining lots owned by other persons.
(B) Responsibility. Fences shall be between four feet four inches and six feet four inches high. Each owner shall construct only one fence along the side lot line between the rear property and front building line at his or her own expense. If the parcel runs north and south, the owner is responsible for the west fence line. If the parcel runs east and west, the owner is responsible for the north fence line. For odd shaped parcels, the code official shall determine the responsibility for fence construction and maintenance. Fences enclosing a property shall provide adequate access for fire fighting purposes, with not less than one access at the front lot line and not less than one access at the rear lot line, except that access can be provided on the side lot line for corner lots.
(C) Mixed-use adjoining properties. In the absence of a building façade within five feet of the lot line, owners of properties with nonresidential uses abutting properties with residential uses shall erect and maintain a privacy fence of six feet four inches along such property lines. If the nonresidential use is an industrial use, an eight-foot four-inch privacy fence may be permitted by the code official.
(D) Bodies of water. Any swimming pool, pond, or other artificially installed body of water, all of which may contain not less than 12 inches of water in depth at any point, shall be enclosed by a fence not less than four feet four inches in height. Gates shall be of a self-closing and latching type, with the latch on the inside of the gate so that the latch is not readily accessible for children to open. Gates shall be capable of being securely locked. If the entire premises is enclosed, then the code official may waive this provision upon proper application and approval.
(E) Maintenance, repair, and removal. All fences shall be maintained in a neat and safe condition. Fences erected between residential uses and other uses shall be maintained in a neat and safe condition at the expense of the owner of the other use under the terms of any waiver granted under to this chapter. Fences shall be kept free of weeds, trees, and other nuisance vegetation. The respective owners of all lots shall also be responsible for the care, repair, and upkeep of all fences contiguous to or bordering upon streets, alleys, and other public areas. Fences erected on or between residential uses shall be maintained in a neat and safe condition at the expense of the owner legally responsible for the fence. If ownership and responsibility of the fence, in the opinion of the code official, is not reasonably and readily ascertainable, the code official shall have the authority to require that any or all property owners abutting the fence maintain or repair the fence. This chapter shall not require the city to secure a survey to determine responsibility or property ownership. In the absence of any other agreement, the fence owner shall, if necessary, be allowed by the adjoining property owner access to that fence not less than two days twice a year for the purpose of periodic maintenance work, and at any time and as long as required for emergency repair work. In the case of a disagreement between the two property owners, the code official shall make a determination. If a fence falls into such disrepair that the fence becomes a threat to public health, safety, or welfare, the city shall have the authority to replace or repair the fence and the cost of such replacement or repair shall be that of the property owner who is legally responsible for maintaining the fence. The city shall have the authority to place the cost of such replacement or repair on the tax rolls.
(F) Nonconforming fences. Any fence legally existing when this chapter or subsequent amendment became effective that does not conform in use, location, height, or size with the regulations of this chapter shall be considered a legal nonconforming fence and shall be permitted to continue in such status while it is either abandoned or removed by its owner, subject to the following limitations:
(1) Structural alterations, enlargement, or re-erection are permissible only if such changes shall not increase the degree of nonconformity of the fence.
(2) Any legal nonconforming fence shall be replaced without increasing the existing height or area if its is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50% of the replacement cost of the fence as determined by the code official.
(3) Fences that comply with either item division (F)(1) or (F)(2) above need not be permitted.
(G) Prohibited fences. The following fences shall be specifically prohibited:
(1) Any fence charged or connected with an electric current.
(2) Any fence constructed in whole or in part with barbed wire.
(3) Any fence with a protruding or projecting instrument, spike, nail, or other sharp points or any other materials that may endanger the health, safety, and welfare of the public.
(4) Any fence made out of "chicken wire" or other similar material.
(5) Any fence made out of coil or concertina wire.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)