A. Fence Permit Required: No fence shall be erected or substantially altered within the village without a valid building permit issued therefor by the village building department upon application, approval, and payment of the required permit fee.
B. Private Fences On Public Property: No private fences shall be allowed or constructed on public streets or highway rights of way. Fences may, by permit, be placed on public utility easements so long as the structures do not interfere in any way with existing underground, ground, or overground utilities. Further, the village or any utility company having authority to use such easements shall not be liable for repair or replacement of such fences in the event they are moved, damaged, destroyed by virtue of the lawful use of said easement. Fences in violation of this section may be summarily removed.
C. Prohibited Materials Of Construction:
1. No barbed wire or barbed wire fences shall be allowed on private property in residential zones or on lots in any zone being used for single- or multiple-family dwelling purposes. No barbed wire or barbed wire fences shall be allowed on private property in business or industrial zones where the property lines of such property abut lots or parcels being used or intended for single- or multiple-family purposes or on fences in front yards.
2. No fence shall be constructed of materials obviously intended to inflict great bodily harm should a person or animal attempt to climb or scale it. Such material includes, but is not limited to, electrically charged wires or other electrical conduit, broken glass, razor blades and sharp or ragged metal spikes or spears.
D. Maintenance And Repair: All fences shall be maintained in good, structurally sound repair and in a neat, clean, presentable condition. If, on inspection by the zoning officer, any fence, in his determination, does not meet the requirements of this section, he shall order the owner or occupier of the premises, by registered or certified mail, to make the necessary repairs or improvements as directed or he (owner or occupier) shall be in violation of this code, and the village attorney shall cause a complaint to be issued and processed against said owner or occupier in accordance with rules of the circuit court of LaSalle or Grundy County, Illinois. If adjoining property owner will not allow egress for the purpose of maintaining the fence, then the responsibility for repair and maintenance of that portion of the fence shall transfer to that adjacent owner, and he shall be liable the same as the fence owner.
E. Fences In Residential Districts:
1. In single- and multiple-family residential zones, no fence may exceed four feet (4') in height above ground level in front yards. Fences along the side lines to the rear of the front yard and along the rear lot line may not exceed six feet (6') in height above ground level. On lot lines abutting the public right of way or residential property, the fence must face outward with the support posts on the inside.
2. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property lines or encroach upon adjoining property.
F. Visibility On Corner Lots: In residential districts or residential use areas, the location of buildings, structures, fences, and landscaping on corner lots shall be regulated as follows, so as not to obstruct the vision of drivers of motor vehicles: No buildings, structures, or fences shall be erected or maintained, nor any landscaping shall be planted, grown, or maintained, to a height of more than three feet (3') above the adjacent curb/roadway height, within a triangular area determined by a diagonal line connecting two (2) points measured along the property lines of the abutting streets thirty feet (30') equidistant from the intersection of those property lines.
G. Commercial And Industrial Zones:
1. In commercial and industrial zones, fences may not exceed eight feet (8') in height above ground level, and the use of barbed wire is prohibited; except, that one foot (1') additional of any fence along side or rear lot lines in these zones may be constructed of barbed wire.
2. When any fence is installed in the front, side or rear yard, it shall not extend beyond the property line or encroach upon adjoining property.
3. Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12').
H. Adjoining Districts:
1. Fences installed as a screening between commercial and residential or between industrial and residential districts shall be of the same design, construction material, height and color. Height requirement is eight feet (8') with a solid effect.
2. All fences shall join together to provide continuity along the common lot line of commercial and residential or industrial and residential districts where a fence for screening is required.
3. Screening which is required for swim and/or tennis clubs, private and public, shall not exceed a height of twelve feet (12').
I. Nonconforming Fences: Fences existing at the effective date hereof which are not in violation of subsection D, "Maintenance And Repair", of this section, and are not located on public street and highway rights of way but which violate any other section of this code, may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued.
J. Hedges: Hedges, plantings, shrubbery, etc., when used as a screening, shall in no way obstruct the view of traffic at any intersection. On corner lots, no obstruction higher than thirty six inches (36") above curb level shall be located within thirty feet (30') of the lot corner formed by the intersection of any two (2) street lines. If it is deemed to create a hazard, the owner must rectify same upon notice from the zoning officer or chief of police within thirty (30) days of such notification.
K. Exemptions: Agricultural fences in agricultural districts and in other districts approved for agricultural uses are exempt from this chapter except where abutting properties are in residential districts or areas predominantly used for residential use.
L. Nuisance Declared; Abatement: Any fence which shall be erected or maintained contrary to the provisions of this code is deemed a nuisance, and it shall be the duty of the zoning officer and the chief of police to abate the same.
M. Fines: The fine for failure to comply with this section shall be from one hundred dollars ($100.00) to five hundred dollars ($500.00) per offense; each day of noncompliance shall be deemed as a separate offense. (Ord. 10-09, 8-17-2010)