City of Glens Falls, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glens Falls 12-18-1997 by L.L. No. 8-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Cemeteries — See Ch. 77.

§ 104-1 Purpose; general prohibition; variances.

A. 
The purpose of this chapter is to promote the health, safety, general welfare and aesthetic quality of the City of Glens Falls.
B. 
It shall be prohibited, except where provided in this chapter or any other ordinance of the City, to use barbed wire, electricity or similar materials or devices in conjunction with or as part of any fence.
C. 
Any variation from this chapter or failure to act by the Building Inspector may be brought to the Zoning Board of Appeals under § 220-68.

§ 104-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FENCE
A barrier consisting of materials assembled, constructed or erected at a fixed location on the ground or attached to the ground. "Fence" does not include a hedge or similar barrier composed of growing vegetation or a man-made berm.
FRONT YARD
A yard extending along the full length of the front lot line between the side lot lines.
HEIGHT
The distance measured from the existing grade to the top of the fence.
LIVING FENCE
Any fence or hedge composed of live materials.

§ 104-3 Approval.

No fence, wall or other type of construction shall be erected without first being approved by the Building Inspector or as otherwise provided for in this chapter or in the Zoning Ordinance.[1] Any fencing in business and industrial zones and utility facilities in any zones shall first be approved by the Planning Board before any permits are issued by the Building Inspector.
[1]
Editor's Note: See Ch. 230, Zoning.

§ 104-4 Permit.

[Amended 3-24-2009 by Res. No. 115]
Any persons, corporations, firms or associations intending to erect a fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, along with any other information deemed necessary by the Building Inspector, which must be in accordance with s chapter and any other pertinent local law regulating construction within the City of Glens Falls, and be accompanied by a permit fee as hereinafter set forth. The fee shall be $20. Upon issuance of a permit, which will be in effect for a period of six months after the date therein, it shall be available on the job site during progress of the work so that it may be inspected by proper City officials, including but not limited to the Building Inspector and Code Enforcement Officer.

§ 104-5 Living fences.

Living fences are subject to all provisions of this chapter. In addition, no living fence shall be placed nearer than one foot to any sidewalk in existence, any prospective sidewalk or property line. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.

§ 104-6 Location, height and design.

Any fence erected in a front yard shall be placed at least one foot back from the sidewalk. Living fences shall be placed in accordance with § 104-5 of this chapter. If no sidewalks are in place, then the fence shall be set back a minimum of six feet from the pavement.
A. 
Residential zones.
(1) 
All fences in a residential zone shall have its most pleasant or decorative side facing the adjacent properties.
(2) 
No fence over three feet in height shall be erected or maintained within minimum front-yard setback requirements of the Use Schedule.
(3) 
A fence shall not be erected within any residential district that shall exceed six feet in height.
(4) 
No fence shall be permitted which is expressly designed with the intent to injure or maim anyone who attempts to climb such fence.
B. 
Cultural-Professional Zones.
(1) 
All fences in a Cultural-Professional District shall have its most pleasant or decorative side facing the adjacent properties.
(2) 
No fence over three feet in height shall be erected or maintained within minimum front yard setback requirements of the Use Schedule.
(3) 
A fence shall not be erected within any Cultural-Professional District that shall exceed six feet in height.
(4) 
No fence shall be permitted which is expressly designed with the intent to injure or maim anyone who attempts to climb such fence.
C. 
Business Zones. Regulations shall be the same as Cultural-Professional Zones, except that a fence no greater than eight feet in height with a barbed-wire top which would not be detrimental to health, safety or welfare of the public may be permitted, provided that said fence meets one of the following requirements:
(1) 
The fence is needed to prevent entry to an area which could be hazardous to the health, safety and general welfare of the community.
(2) 
The fence is needed to secure an area where materials and/or equipment are customarily stored.
(3) 
The general community interest or the interest of national safety justifies the need for such a fence.

§ 104-7 Maintenance.

A. 
Fences shall be continually maintained, and no fence shall be permitted to become unsightly or in a state of disrepair, as determined by the Code Enforcement Officer.
B. 
Fences may be painted white or earth-tone colors and may not be painted in any case a flourescent or in obnoxious schemes that are not in harmony with the neighborhood, as determined by the Code Enforcement Officer.

§ 104-8 Applicability of chapter.

This chapter is applicable to new fencing constructed on or after the date of adoption of this chapter.

§ 104-9 Penalties for offenses.

Any person, firm, corporation or association who shall be found in violation of this chapter or who fails to comply with a written order of the Code Enforcement Officer regarding any provisions of this chapter, shall be subject to a fine of not more than $250 or 10 days in jail, or both. Each day that a violation shall continue shall be deemed a separate offense.