[Ord. #343, S1; Ord #01-04, S1]
It is the purpose of this section to provide for the regulation
of the height, composition and location of fences, hedges and walls
for the purpose of providing for light, air, and privacy, and safeguarding
the public health, safety and welfare by preventing visual obstructions
at street and highway intersections and other conditions dangerous
to public health and safety. Nothing in this section shall be deemed
to set aside or reduce the requirements established for security fencing
by either local, State or Federal law, or by safety requirements of
the board of education. The regulations of the zoning ordinance of
the city, as amended, shall apply and the following shall be in addition
to those regulations. In case of conflict, this section shall apply.
[Ord. #343, S2]
A fence or wall shall be constructed along the perimeter of
all areas considered by the council to be dangerous to the public
health and safety. The height of such wall shall be determined by
the council in relation to the danger or hazard involved. The fence
or wall may be required when a use requires a permit or at the discretion
of the council according to the danger or hazard involved.
[Ord. #343, S3]
All present and future fences, hedges and walls shall conform
to the corner cut-off provisions as follows:
a.
On property at any street corner formed by intersecting streets or
on a curved street, it is hereby declared hazardous, a nuisance and
unlawful to install, set out, or maintain, or to allow the installation,
setting out or maintenance of any sign, fence, wall, hedge, shrubbery,
natural growth or other similar obstruction to the view, higher than
three feet above the level of the center of the adjacent intersection,
within that triangular area between the property lines and a diagonal
line joining points on the property lines, 30 feet from the point
of their intersection, or in the case of rounded corners the triangular
area between the tangents to the curve and a diagonal line joining
points on said tangent 30 feet from the point of their intersection.
b.
The foregoing subsection shall not apply to:
1.
Buildings and other structures for which a permit is required under
the building code of the city, public utility poles, fire hydrants,
trees trimmed to the trunk to a line at least eight feet above the
level of the intersection, saplings, plant species of open growth
habits and not planted in the form of a hedge, which are so planted
and trimmed as to leave at all seasons a clear and unobstructed crossview
for vehicular traffic on the curved or intersecting streets;
2.
Supporting members of appurtenances to permanent buildings existing
before May 1, 1976, except as provided herein, no obstruction to cross-visibility
of traffic shall be deemed to be excepted from the application of
this section because of its being in existence on May 1, 1976;
3.
Official warning signs or signals at places where the contour of
the ground is such that there can be no traffic cross-visibility at
the intersection;
4.
Signs mounted 10 feet or more above the ground and whose supports
do not constitute an obstruction to cross-visibility to traffic.
[Ord. #343, S4; Ord. #01-04, S2]
Whenever any person neglects or fails to conform to, or to provide that property over which he has control conforms to the provisions of this Chapter 17, the director of public works may require upon 20 days' written notice, such compliance. The person may within this time object to or protest the requirements of the notice by appealing to the council which shall hear and pass upon the appeal within 15 days. In the event noncompliance continues thereafter, the city may declare the violation to be a public nuisance detrimental to the health, safety and welfare of the city. Such declaration is in addition to, without limitation on, and alternative to the right and authority of the city to prosecute for violation of a city ordinance.
[Ord. #343, S5; Ord. #00-13, S1]
No person shall erect, construct, place, or enlarge any fence,
hedge or wall as defined in the zoning ordinance of the city, as amended,
without first obtaining a separate permit for each undertaking from
the building official of the city. The applicant shall pay a fee for
such permit in the amount established from time to time by resolution
of the city council.
[Ord. #01-04, S3]
a.
For purposes of this section, the term "security wire" shall mean
any metal wire or ribbon for fences or barriers having sharp metal
barbs, points or blades twisted into or otherwise affixed to smooth
wire or ribbon at regular intervals, including but not limited to
barbed wire or tape, razor wire or tape, concertina wire, or similar
security toppings.
b.
No person shall install or maintain any security wire as, on or as
part of a fence, hedge or wall within any residential district as
defined in the zoning ordinance of the city, or along any property
line which is a boundary between any other district established by
the zoning code and an abutting residential district.
