No person shall maliciously construct, erect, build, plant, cultivate or maintain any fence or wall or any hedge or similar growth unnecessarily exceeding six (6) feet in height, for the purpose of annoying the owners or occupants of adjoining property.
Malice must be shown to sustain a conviction of constructing or maintaining a spite fence.
People v. Hughes, CR A 167.
(See also as to fences: Comprehensive Zoning Plan.)