[HISTORY: Adopted by the Board of Trustees
of the Village of Central Square 2-14-2000 by L.L. No. 1-2000. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure, regardless of composition, that is erected
or maintained for the purpose of enclosing a piece of land or dividing
a piece of land into distinct portions.
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as front
yards for the purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
That part of the fence that is considered the finished side
which does not include the structural members. (For this definition,
a chain link fence has two good sides.)
The distance measured from the average grade to the top of
the fence.
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
Applies to that portion of the yard in front of the rear
building line of any building and to the rear of the front building
line of any building.
No fence, wall or other type of construction
shall be erected without the approval of the Codes Enforcement Officer.
A.
Any person or persons, corporations, firm or association
intending to erect a fence shall, before any work is commenced, make
application to the Codes Enforcement Officer on a form provided by
the Codes Enforcement Officer. Said application shall be accompanied
by a plan or sketch showing the proposed location of any fence on
a recent survey map of the property and the materials proposals to
be used therefor, which must be in accordance with this chapter and
any other pertinent local law regulating construction within the Village
and shall be accompanied by an appropriate fee.
B.
Upon approval by the Codes Enforcement Officer, a
permit shall be issued which will be in effect for a period of six
months from the date thereon.
C.
Said permit shall be displayed on the property during
the progress of the work so that the work may be inspected by the
proper Village officials.
No fence shall be more than six feet feet in
height at the rear of the homes or buildings situated in said Village
of Central Square, which fence shall not extend forward of the rear
building line of any existing or proposed building. No other fence
or portions of a fence shall be higher than three feet for a solid
fence or four feet for a look-through fence in any front yard or side
yard.
A.
Any fence erected under this chapter shall be placed
at least 12 inches from any property line so if repair or maintenance
of said fence is to be performed it may be performed from the property
owner's land.
B.
All fences or walls must be erected within the property
line, and none shall be erected so as to encroach upon a public right-of-way
or interfere with vehicular or pedestrian traffic or interfere with
visibility on corner lots and/or other structures or vehicles, whether
stationary or transitory, in private or public property.
Any fence, wall or similar structure which unduly
cuts off light or air, which may cause a nuisance, a fire hazard,
a dangerous condition, or an obstruction to persons and equipment
in combating fires or which may affect public safety is hereby expressly
prohibited.
The following types of fences are prohibited:
A.
Barbed wire.
B.
Short pointed fences less than 36 inches in height.
C.
Canvas fences.
D.
Cloth fences.
E.
Electrically charged fences.
F.
Poultry fences.
G.
Turkey wire.
H.
Temporary fences (except snow fences).
I.
Expandable fences and collapsible fences, except during
construction of a building or for reasonable and temporary agricultural
uses (gardens).
Chain link fences shall be erected with closed
loop at the top of the fence.
Any fence, wood, stockade, chain link or other
type of fence, shall have the good 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 shall be maintained by the person
responsible for the property. Such maintenance shall include but not
be limited to replacement and/or repair of fences which may become
in disrepair. Repairs should be made in accordance with existing fences.
Such repair may include missing or broken sections, and heaving, collapsed
and/or tilted fences.
A.
Notwithstanding the provisions of this chapter, the
Codes Enforcement Officer may issue a permit for the construction
of security and/or equipment yard fences for commercial and industrial
properties upon due application. The Codes Enforcement Officer may
deny such application if it is found that the application for such
fence is not appropriate and is unnecessary.
B.
Fences for the enclosure of in-ground pools shall
conform to the New York State Uniform Fire Prevention and Building
Code.
The Codes Enforcement Officer shall have the
authority to direct, in writing, the removal, trimming or modification
of any shrubs, bushes, plants, trees or flowers or other vegetation,
fence, wall or hedge or other structure on private or public property
wherever the same shall interfere with adequate visibility of operators
of motor vehicles at street intersections, driveways or curbs. Any
person who shall refuse or neglect to comply within 15 days with the
written direction of the Codes Enforcement Officer shall be guilty
of violation of this chapter and shall be subject to its penalties.
Those fences that were constructed prior to
the adoption of this chapter can remain but must be maintained safely.
Any replacement fences must comply with this chapter and will be required
to obtain a permit from the Codes Enforcement Officer. In addition,
any deed restrictions relating to fencing must be brought to the attention
of the Codes Enforcement Officer.
The Village Board of Central Square shall set
applicable fees for the fence permit.
[Added 10-27-2014 by L.L. No. 3-2014]
This chapter shall be enforced by the Code Enforcement Officer,
who is authorized to direct, in writing, the removal of any fence
in violation of this chapter or for failure to obtain a permit required
by this chapter, and is further authorized to issue an appearance
ticket, pursuant to the provisions of Article 150 of the Criminal
Procedures Law, for violations of this chapter.
[Added 10-27-2014 by L.L. No. 3-2014; amended 1-12-2015 by L.L. No. 1-2015]
A.
The violation of any of the provisions of this chapter shall be deemed
an offense, and upon such conviction, such offender may be punished
by a fine not to exceed $250 or imprisonment for not more than 15
days, or both. For a repeat offender, the maximum penalty shall be
two times that set forth in this section. In either case, each day
that such violation shall continue shall constitute a separate violation.
B.
The foregoing shall not be deemed the sole right and remedy of Village
relative to enforcement, and the Village may also, or alternatively,
assert and pursue any other rights, any and all civil or criminal
actions, proceedings or remedies available at law.