The Board of Trustees of the Village of Monticello has determined
that it is in the best interests of the Village to regulate fences.
As used in this chapter, the following terms shall have the
meanings indicated:
FENCE
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.
FRONT YARD
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.
GOOD SIDE
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.)
HEIGHT
The distance measured from the average grade to the top of
the fence.
REAR YARD
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
SIDE YARD
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 Code Enforcement Officer.
No fence shall be more than six feet in height at the rear of
the homes or buildings situated in said Village of Monticello, 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.
[Amended 6-4-2007 by L.L.
No. 9-2007]
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 combatting fires or
which may affect public safety is hereby expressly prohibited.
The following types of fences are prohibited:
B. Short pointed fences less than 36 inches in height.
E. Electrically charged fences (except underground dog fences which
should be marked by appropriate signage).
H. Temporary fences (except snow fences which may only be erect from
November 1 through May 1).
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 this section and Section
302.7 of the New York State Property Maintenance Code with regard
to existing fences. Such repair may include missing or broken sections,
and heaving, collapsed and/or tilted fences and fences overgrown with
weeds, trees, bushes or brush.
The Code 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 Code Enforcement Officer shall be guilty of a 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 and in accordance with the other sections of this chapter, including, without limitation, §
142-11, Maintenance. Deed restrictions relating to fencing must be brought to the attention of the Code Enforcement Officer.
The Village Board of Monticello shall set applicable fees for
the fence permit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Violations shall be subject to the penalties provided in Article
III, General Penalty, of Chapter
1 of the Code of the Village of Monticello.