As used in this article, the following terms shall have the meaning indicated:
DECORATIVE FENCE
A fence not exceeding a height of 36 inches from ground level, made of material other than wire, metal, chain or poured concrete, and constructed in a substantially open pattern (such as a weave or board-and-space pattern and not a solid pattern such as a block, concrete, or privacy pattern).
FENCE
Any enclosure or barrier, solid or otherwise, made of wood, iron, stone or other material, as around or along a yard, walkway, field, or other area, and shall include a decorative fence.
HEDGE
A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.
PICKET FENCE
A fence having a pointed post, stake, pale or peg placed vertically with the point or sharp part pointing upward to form a part of the fence.
RETAINING WALL
A solid barrier of any material constructed to hold back a mass of earth. A retaining wall shall be considered a fence for purposes of this article.
No fence or portion of a fence shall be constructed within the front setback area of a building; provided, however, that a decorative fence may be constructed in the front setback area. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines. Residential fences shall have a two-foot side yard setback and an eight-foot rear yard setback from a property line.
A. 
Residential fences are permitted in residential districts but shall not in any case exceed a height of eight feet and shall not be closer than eight feet to any public right-of-way.
B. 
Security fences are permitted on the property lines, subject to setback requirements in the districts, except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
C. 
Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground and project toward the fenced property and away from any public area.
D. 
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
The height and setback for hedges shall be the same as outlined for fences in §§ 365-81 and 365-82 hereof; provided, however, that hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained and shall not impede or obstruct sidewalks.
Trash and recycling containers and mechanical equipment, including rooftop equipment, shall be located and screened so that they are not visible from a public street or from the river.
Fences erected for the protection of planting, or to warn of construction hazards, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in §§ 365-81 and 365-82. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
Any fence or hedge existing on the effective date of this chapter and not in conformance with this article may be maintained, but no alteration, modification or improvement of the same shall be permitted unless as a result of such alteration, modification or improvement said fence or hedge shall comply with this article.