[HISTORY: Adopted by the Town Board of the Town of Rush 1-23-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
Zoning — See Ch. 120.
This chapter shall apply to all fences and/or walls. (Any reference to fences shall also include walls.) None of the provisions of this chapter shall apply to hedges except for the applicable provisions in §§ 58-6, 58-7 and 58-15. None of the provisions of this chapter shall apply to any fence used for agricultural purposes on premises which are primarily agricultural in use.
As used in this chapter, the following terms shall have the meanings indicated:
- An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials, or natural plantings, other than temporary uses such as garden fences, snow fences or rabbit fences.
No fence (except a temporary garden fence) shall be erected without the approval of and issuance of a permit by the Code Enforcement Officer.
Before any work is begun, any person or organization intending to erect a fence shall make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. The application shall be accompanied by a plan or sketch showing the proposed dimensions and location of the fence and the materials proposed to be used, which must be in accordance with this chapter and any other law regulating construction within the Town and shall be accompanied by the prescribed fee. Upon approval by the Code Enforcement Officer, a permit shall be issued. Construction of the permitted fence must be completed within one year of the issuance of the permit. The permit shall be available on the job during the progress of the work so that it may be inspected by proper officials.
The fee for issuance of a fence permit shall be $10.
No fence shall be more than six feet in height at the rear of a home or building in any zoning district. No fence or portions of a fence forward of the rear building line or the rear building line extended shall be more than four feet in height.
Any fence shall be placed at least one foot back from any street or highway boundary line. Any fence or planting higher than 36 inches shall be placed at least 35 feet hack from the edge of the pavement. Any planting not placed at least 35 feet back from time edge of the pavement must be kept trimmed and maintained to a height no higher than 36 inches.
Any fence, wall or shrubbery which unduly cuts off light or air or which may cause a nuisance, a fire hazard, a dangerous condition, an obstruction to fire fighters and equipment for combating fires or which may affect public safety is expressly prohibited.
The following fences and fencing materials are specifically prohibited except on premises which are primarily agricultural in use:
All chain link fences erected shall be erected with the closed loop at the top of the fence.
All entrances or gates shall open into the property. Openings for emergency access shall be provided in accordance with the standards of the National Fire Prevention Association.
All fences shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts shall be placed on the inside of the fence.
All fences must he erected within the property line.
No fence shall be erected so as to encroach on a public right-of-way or interfere with vehicular or pedestrian traffic or visibility. The Code Enforcement Officer or Highway Superintendent shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles. Any person who shall refuse or neglect to comply within 15 days with the written direction of the Code Enforcement Officer or Highway Superintendent shall be guilty of a violation of this chapter and shall be subject to its penalties.
Notwithstanding the provisions of this chapter, the Code Enforcement Officer may issue a permit for the construction of a security fence for commercial and/or industrial properties upon due application to and approval by the Code Enforcement Officer. The Code Enforcement Officer may deny such application if it is found upon application that such fence is not appropriate.
Upon denial of an application for a permit, an applicant may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals within 30 days of such denial.
A violation of this chapter is an offense punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. For the purpose of conferring jurisdiction upon courts and judicial offices, violations of this chapter shall be deemed to be misdemeanors. Each week the violation continues shall be deemed to be an additional violation.