1141.08 FENCES AND WALLS.
   (a)   The erection of a fence shall require a fence permit. The application for a fence permit shall be accompanied by a plot plan and payment of a fee in accordance with the schedule of fees established by the City Council.
   (b)   Fences shall include all the following: walls, hedges, prefabricated fences, wood fences, picket fences, wire fences, grape stake fences, and any ornamental decoration used to enclose an area of property to prevent trespass or for aesthetics.
   (c)   Fences shall be permitted to be erected along any property line, with the decorative side displayed to the adjoining property, provided that the adjoining property owner consents to the erection of the fence along the joint property line. Should there be an existing fence along such property line, another fence along the same property line shall be prohibited; provided, a fence may be erected if the distance between the two (2) fences is sufficient to allow the maintenance of both fences and the area between them. The owner of a fence shall be responsible for the maintenance of the fence; keeping it free from weeds and rubbish; in a good state of repair; painted, upright and sturdy; free from broken boards and rust. Should the neighboring property owner object to the installation of the fence upon the property line, a minimum distance of one (1) foot shall be maintained between the lots, whether on the side yard or rear yard. No fence shall be erected within two (2) feet of any street or alley right-of-way line and any fence in the front yard shall conform to the requirements of Section 1141.09 for clear vision corners.
   (d)   A fence not less than six (6) feet above grade shall be constructed around the rear yard of any property upon which an in ground or above ground pool is located. The fence may be constructed or installed to enclose all or such lesser portion of the rear yard as the property owner desires, however such fence, at a minimum, must enclose the entire pool and may not be in violation of any restrictions related to the permissible location of fences along lot lines. Pools shall only be located in rear yards. Above ground pools may use attachable pool fencing to a minimum height of six (6) feet above grade with a tilt up lockable ladder.
   (e)   The height of all fences shall be measured from the natural grade to the highest point of the fence. Fences shall follow the contour of the ground as far as possible. At his/her sole discretion, the zoning administrator may allow minor deviation from the height regulations to account for variations in the topography of the lot and/or the use of pre-fabricated fence components.
   (f)   Fences erected in Residential Districts shall not exceed a height of six (6) feet. No fence that encloses a rear yard or side yard shall be erected closer to the front lot line than the front building line of the principal building. Fences erected in Commercial or Business Districts shall not exceed a height of seven (7) feet. Such fence shall enclose only the rear and side yard areas and shall not be permitted to pass the front building line. Fences erected in an Industrial District shall not exceed eight (8) feet in height, except that if the lot being fenced abuts a Commercial or Business District, the maximum permitted height shall be seven (7) feet, and if the lot being fenced abuts a Residential District the maximum permitted height shall be six (6) feet. No fence taller than three (3) feet high shall be erected in the front yard within any zoning district.
   (g)   On corner lots, no fence shall be erected within twenty (20) feet of the public right-of-way to either corner; provided, fences adjacent to parking lots may be erected within ten (10) feet of a public right-of-way.
   (h)   No fence, hedge, bushes or ornamental decoration shall be permitted to impair the vision of traffic or pedestrians in the use of the public right-of-way.
   (i)   No fence shall be constructed of barbed wire or razor wire, or be in any way electrified, or be topped with broken glass, spikes, or other sharp-edged materials. In Industrial Districts only, a fence may be topped with barbed wire provided that it is installed at an angle of forty-five (45) degrees to the inside of the fenced area, and away from any adjoining property, sidewalk, or right-of-way. The height of the topmost strand of wire shall not exceed eight (8) feet and the minimum height of the lower most strand of wire shall not be lower than seven (7) feet.
   (j)   All solid fences shall provide for the proper drainage of water and outlets shall be placed at the bottom of the fence to eliminate possible accumulation of water or other adverse effects.
   (k)   All fenced enclosures shall be provided with gates to permit the entry of safety personnel. Gates shall not be less than three (3) feet in width. No gate shall swing over a public right-of-way. (Ord. 4-21. Passed 1-4-21.)