The use of a concealed or underground fence or barrier, which emits a radio signal powered by a direct current voltage supply is permitted within the village subject to the regulations provided herein.
(A) A radio signal fence or barrier, powered by a direct current voltage supply, shall be permitted in the rear yard area of residential lots only, provided that such fence or barrier does not extend beyond the farthest most rear projection of the residential building on the lot. The fence or barrier shall also be permitted in the side or front yard areas of a lot, only to the extent that it provides a safety barrier around the entire lot, and only upon approval by the Building Inspector, after application for the same.
(B) All such fences or barriers shall be set back a minimum of four feet from any adjoining property line or public right-of-way.
(C) All such fences or barriers must have a direct current voltage back-up system sufficient to maintain the maximum field strength for such fence or barrier, for a minimum period of 12 hours, in the event of a power failure or other accident which might cause a loss of voltage supply to such fence or barrier. Upon receipt of reasonable notice of any loss of power to such fence or barrier, any animal confined within the field of such fence or barrier must be immediately brought within the residence, or otherwise confined.
(D) Prior to the beginning of construction or installation of any such fence or barrier, and in addition to the requirements of § 155.01, an application must be filed with the Village Clerk, and authorization granted by the Chief of the Police Department, after determination is made, upon investigation by the Police Department, after determination is made, upon investigation by the Police Department or animal control office, that any animal sought to be confined within the field of such fence or barrier, may be reasonably confined by such fence or barrier.
(E) Upon installation of such fence or barrier, signs, not less than eight inches by eight inches, shall be required stating the property contains a concealed or underground fence or barrier designed for the confinement of animals and the signs shall be posted at intervals of not more than 45 feet around the perimeter of the property line of the lot.
(F) Any animal sought to be confined within the field of the fence or barrier must at all times be fitted with a collar designed for use in conjunction with such fence or barrier.
(1) Each collar must be fitted to the animal's neck tight enough to ensure that the contact points on the collar are in constant contact with the animal's skin.
(2) The battery on each collar must be changed at least once every six months, and the owner of the animal is required to keep a record of the changes of the batteries and retain a copy of the record for inspection, upon request.
(G) (Reserved).
(H) In the event that a permit is granted for the installation of an underground fence or barrier, pursuant to this section, and that subsequent to the issuance of such permit additional animals or a different animal are sought to be confined by such underground fence or barrier, application for a permit to so confine the animals must be filed with the Village Clerk, and the animals may not be so confined until authorization is granted by the Chief of Police, after a determination is made upon investigation by the Police Department or animal control officer, that such additional or different animals sought to be so confined within the field of such fence or barrier, may be reasonably confined by such fence or barrier.
(I) Failure to comply with divisions (A) through (H) may result in the revocation of the permit for such fence or barrier.
('79 Code, § 1906(8)) (Ord. 1986-0-18, passed 8-8-86; Am. Ord. 1991-0-24, passed 10-15-91; Am. Ord. 2007-O-13, passed 6-5-07)