This chapter shall be known as "Local Law No.
2 of 2008, a local law regulating the construction of fences in the
Village of Fair Haven."
The purpose of this chapter is to promote and
protect the pubic health, welfare and safety by regulating existing
and proposed fencing of all types in the Village of Fair Haven. It
is intended to protect property values, promote economic and business
climate, enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce obstructions
that may contribute to traffic accidents, reduce hazards that may
be caused by fences over public rights-of-way, provide more visual
open space, and curb the deterioration of the community's appearance.
The establishment of this chapter by the Village
of Fair Haven is authorized pursuant to the authority granted by the
New York State Municipal Home Rule Law, Article 3, § 22.
No fences of any kind, including hedge or shrub,
shall be permitted within 35 feet of the high-water mark of Lake Ontario
or any bodies of water connected to Lake Ontario. The high-water mark
shall be defined as a mark indicating the highest level reached by
a body of water.
The following fences and fencing materials are
specifically prohibited.
G. Temporary fences, such as snow fences. (See §
62-5.)
H. Expandable fences and collapsible fences, except during
construction of a building.
I. Cinder block or stone fences.
If the Building Inspector, upon inspection,
determines that any fence or portion of any fence is not being maintained
in a safe, sound or upright condition, he shall notify the owner of
such fence, in writing, of his findings and state briefly the reasons
for such findings and order such fence or portions of such fence repaired
or removed within 15 days of the written notice.
Any person, firm or corporation who violates,
disobeys, neglects or refuses to comply or who resists enforcement
of any provisions of this chapter shall be guilty of an offense and,
upon conviction thereof, shall be subject to a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both. Each
day a violation is continued shall be deemed a separate offense.