[HISTORY: Adopted by the Village Board of Trustees of the Village of Lima 3-24-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
A. 
This chapter shall be known as the "Fence Law."
B. 
The Board of Trustees finds that the placement and erection of fences within the Village of Lima has a measurable impact upon the health, safety and welfare of Village residents and parties using the public right-of- way and sidewalks. This chapter is intended to authorize the placement and erection of fences, subject to reasonable regulations promulgated to ensure the rights and privileges of the residents of the Village and those using the public sidewalks and rights-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
FENCE
A structure erected and serving as an enclosure, barrier or boundary, constructed or fashioned of any material other than a living bush, hedge, shrub or tree.
A. 
The erection or placement of fences or fencing shall be permitted in all zoning districts or classifications thereof within the Village of Lima, subject to the following conditions and restrictions:
(1) 
In no case shall barbed wire, single-strand wire, spikes, chipped glass or similar materials or devices be used in conjunction with or as part of any fence.
(2) 
No fence shall be permitted or erected which is expressly designed with the intent to injure anyone who attempts to climb such a fence. This shall not be construed, however, to prevent or discourage the utilization or erection of anti-climb fencing.
(3) 
Any fence erected in any zoning district shall be built or placed so as to display its most decorative or pleasing side facing the adjacent lot or exterior lot line, with all posts or supports being located entirely within the lot owned by the party placing or erecting such fence.
(4) 
No fence shall be erected or maintained so as to encroach within the legal right-of-way of any street or highway.
(5) 
No fence shall be constructed or erected so as to exceed six feet in height, except for the storage or processing of junk in industrial districts.
[Amended 9-23-1997 by L.L. No. 3-1997]
(6) 
No fence shall be constructed on the setback line along or adjacent to the front lot line or any street line so as to exceed three feet in height, and no solid board fence or like solid fence shall be built or erected within 30 feet of the front or street setback line.
(7) 
No solid or board fence shall be built or constructed along or adjacent to any interior lot line so as to exceed three feet in height if the location of such fence shall be within 20 feet of an existing adjacent dwelling.
B. 
No electrically charged fence shall be built or erected within the Village of Lima, except in connection with a recognized agricultural use on parcels comprising all or part of premises actively used for agricultural purposes. In such case, any new electronically charged fence shall be set back at least 50 feet from any interior lot line and shall in no event be permitted to extend beyond or in front of the rear line of the principal dwelling located on said premises and the line of the right-of-way.
C. 
The provisions of this subsection shall not be construed to apply to the type of subsurface fencing known as "Invisible fence®," constructed for the purpose of controlling the range of household pets. However, such fencing shall be generally controlled by the provisions of this chapter governing fences.
A. 
Notwithstanding the foregoing provisions, the prohibitions relating to the height of fencing authorized shall not apply to any fence located entirely within one or more parcels, situate behind or to the rear of the rear wall of the main dwelling (or other principal building located on the premises if such building is not a dwelling) and distant at least 100 feet from any interior lot line.
B. 
Snow fences shall be permitted behind the front setback line of any parcel, provided that such snow fence is temporary in nature; and further provided that such snow fence(s) shall not be erected prior to November 1st and shall be removed from the premises no later than April 1st each year.
Any fence validly and properly erected prior to the effective date of this chapter shall be deemed a nonconforming appurtenance and shall be treated as such under all applicable local laws and ordinances; provided, further, that the mere repair and maintenance of any fence validly erected prior to the effective date of this chapter shall be allowed and authorized without permit and without the necessity of complying with the requirements of this chapter.
The erection or construction of any fence as herein defined shall be prohibited without a valid permit issued by the Code Enforcement Officer of the Village of Lima. A permit applicant must demonstrate to the reasonable satisfaction of the Code Enforcement Officer that the fence to be erected shall comply with all of the requirements of this chapter. A permit fee, in a reasonable amount to be established by the Village Board of Trustees, as may be established and modified from time to time, shall be remitted to the Village of Lima through the Code Enforcement Office prior to issuance of any permit. Following construction or erection of said fence, the Code Enforcement Officer shall be authorized to inspect or reinspect the installation site to verify compliance and shall be further authorized to issue an appearance ticket returnable in the local justice court to compel compliance, if necessary.
This chapter shall be administered and enforced by the Village Code Enforcement Officer or any officer of the Village of Lima.
A. 
Any person who commits or permits any act in violation of this chapter shall be deemed to have committed an offense against such law and, upon conviction thereof, shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 9-23-1997 by L.L. No. 3-1997]
B. 
Each act committed in violation of any provision of this chapter shall constitute a separate additional violation. Each week during which a violation of any provision hereof shall occur shall be deemed a separate and additional violation.