Contractors that erect fences or who contract with residents
to erect fences within the Village shall obtain a contractor's license
issued by the Village, after payment of the appropriate fee, as established
from time to time by resolution of the Board of Trustees, valid for
the date or dates of erection of the fence.
The following fences are prohibited in the Village of Malverne:
A. Chicken wire, barbed wire, razor wire, welded mesh wire, electrically
charged fences and any material intended to cause injury to a person
or animal making contact with the same.
C. Fences made of solid plywood, flake board, scrap lumber, and similar
noncustomary fence materials.
D. Fences made of common concrete or cinder block.
E. Fences topped with sharp-edged or spiked material, except this shall
not prohibit picket fences.
F. Fences on any portion of any public right-of-way, except fences erected
by a government entity or authority.
G. Fences, shrubs or hedges that interfere with clear vision at or near
a street intersection. No fence, hedge and/or shrubbery shall be erected
less than 15 feet from a street intersection, as measured by a triangle
from the closest intersecting corner.
H. Fences so constructed as to prevent natural water drainage and/or
runoff.
I. Fences with posts with the rough or unfinished side of the fence
facing toward the street or neighboring property, except when such
fence is abutting a commercial property, a property operating as a
railroad, or a property operating as a state parkway.
J. Construction fences, except that such fences shall be permitted when
construction has been approved by the Superintendent of Buildings
and commenced. Such fences shall be maintained in good condition at
all times and shall be removed upon the issuance of a certificate
of occupancy or completion.
The Board of Trustees may, after a public hearing, designate
any street or streets as a Special Fencing District, due to the unique
situation(s) arising on said street(s). When a Special Fencing District
is designated, the Board of Trustees shall delineate the type, location,
size, height and the requirements for fences in said district.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Code Enforcement Officer. Violators
are subject to court action.
A violation of this article is hereby declared to be an offense
punishable by a fine not to exceed $500. A person shall be subject
to the penalties imposed by this section in any case where an order
to remove any violation of any provision of this article has been
served by the Superintendent of Buildings upon the owner, general
agent, managing agent, lessee or tenant of the building, premises
or lot, or any part thereof, or upon the architect, builder, contractor
or anyone who commits or assists in any such violation and where such
person shall fail to comply with such order within 10 calendar days
after the service thereof. Each calendar week's continued violation
shall constitute a separate and additional offense and shall be punishable
as such.
Whenever any provision of this article is in conflict with any
statute or local law applicable or covering the same subject matter,
the most restrictive provision or the one imposing the highest standard
shall govern and be supreme.