A person who places a fence on a boundary line, or his successor or tenant, shall be solely responsible for its maintenance and upkeep, but shall not acquire any rights to trespass on adjoining lands to maintain the same, unless the fence has been set back at least three feet (3') from the property line. Setting a fence back pursuant to this Chapter in order that the same may be properly maintained shall not be construed as forfeiting any property to adjoining landowners in the event any suit is filed for taking by adverse possession or under a similar theory. (Ord. 133, 7-2-1979, eff. 7-12-1979)