§ 90.130 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FENCE. A barrier, railing or other upright structure, or cattle guard, typically of metal, wood or wire, meant to enclose an area of ground to mark a boundary, control access or prevent escape. A LEGAL FENCE is defined for the purpose of this subchapter as a FENCE with not less than four horizontal barriers consisting of wires, boards, poles or other fence material, with posts set no more than 16 feet apart. The lower barrier shall not be more than 18 inches above the ground and the space between any two barriers shall not be more than 12 inches, and the height of the top barrier must be at least 42 inches above the ground, unless otherwise approved by the county.
   FENCE OUT. Requiring a property owner to fence out animals in an open range as identified on the official map.
   FENCE IN. Requiring an animal’s owner to fence it in or otherwise keep livestock on the person’s own property.
   HISTORIC LIVESTOCK TRAIL. Property over which livestock has historically traveled to or from a grazing area or market. Width of the trail may vary.
   OPEN RANGE. A large area of grazing land without fences or other barriers, mostly consisting of Forest, BLM and State Trust Lands, and upon which cattle, sheep or other domestic animals are grazed or permitted to roam by custom, license, lease or permit. Those wanting to keep animals off their property must erect a fence to keep animals out as identified on the official map.
   STATE. Refers to public land owned by the state or Trust Lands managed by the State School and Institutional Trust Lands Administration.
   LIVESTOCK. Cattle, horse, ass, mule, sheep, goat or swine.
(Ord. 2024-6-1, passed 5-13-2024)