For the purposes of this division, the following definitions shall apply:
Barrier.
Any freestanding screen, fence or structure so constructed or positioned as to confine, separate, screen or enclose a portion of real property containing a swimming pool.
Swimming pool.
Any enclosure holding two feet of water or more, for the purpose of recreational or therapeutic swimming or bathing, including spas and hot tubs, and whether constructed above ground or in the ground.
(2001 Code, sec. 3.1201)
Violation of any of the provisions of this division, or failure to comply with any requirement hereof, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day a violation of this division occurs shall constitute a separate and distinct offense.
(2001 Code, sec. 3.1210)
(a) 
A building permit shall be required prior to the building of any portion of a fence that:
(1) 
Encloses a swimming pool, as required by section 3.10.007(a) of this division;
(2) 
Contains a corner lot visibility triangle, as required by section 3.10.005 of this division;
(3) 
Contains an entranceway and/or driveway, as required by section 3.10.006 of this division;
(4) 
Is located between the front property line and the setback established by the zoning regulations of the city, as required by section 3.10.004 of this division;
(5) 
Is constructed in a drainage easement, as required by section 3.10.004(4) of this division;
(6) 
Is constructed of barbed wire or razor wire or destructive wire, as required by section 3.10.004(6) of this division.
(b) 
An application for a building permit shall be accompanied with a detailed site plan to show the type of fence, wall, or barrier to be used, which will demonstrate full compliance with the requirements of this division.
(2001 Code, sec. 3.1202)
(a) 
Restrictions and requirements for a fence, wall and barrier are as follows:
(1) 
Fences in front yard.
No fence, wall or barrier may be built within the required front yard as established by the zoning regulations of the city except as follows:
(A) 
Required setbacks on residential lots.
A fence may be erected in the front yard, as established by the zoning regulations of the city, of a residential lot only if the following criteria are met:
(i) 
The fence shall not exceed four (4) feet in height above the adjacent grade;
(ii) 
The fence shall be constructed to provide that a minimum of 50% of the fence is open;
(iii) 
On corner lots the fence shall not be located within the designated visibility triangle; and
(iv) 
The fence shall be constructed of wood, chain link, wrought iron, plastic or similar fencing materials.
(B) 
Required setbacks on agriculture use lots.
A fence may be erected in the front yard, as established by the zoning regulations of the city, of an agriculture use lot only if the following criteria are met:
(i) 
The lot or parcel must contain a minimum of 1.5 acres;
(ii) 
The fence shall not exceed five (5) feet in height above the adjacent grade;
(iii) 
The fence shall be constructed to provide that a minimum of 50% of the fence is open;
(iv) 
On corner lots the fence shall not be located within the designated visibility triangle; and
(v) 
The fence shall be constructed of twisted wire, pipe, wood, chain link, wrought iron, plastic or similar fencing materials.
(C) 
Required setbacks on all other nonresidential lots.
A fence may be erected in the front yard, as established by the zoning regulations of the city, of a nonresidential lot, except for an agricultural use lot described in subsection (1)(B) of this section, only if the following criteria are met:
(i) 
The fence must improve security on the lot. No decorative fencing will be allowed;
(ii) 
The fence shall not exceed six (6) feet in height above the adjacent grade;
(iii) 
The fence shall be constructed to provide that a minimum of 50% of the fence is open;
(iv) 
On corner lots the fence shall not be located within the designated visibility triangle;
(v) 
The fence shall be equipped with a “Knox box” approved by the fire marshal for emergency vehicle access; and
(vi) 
The fence shall be constructed of wood, pipe, chain link, wrought iron, plastic or similar fencing materials.
(2) 
Side and rear yard fences.
In the side and rear yards, a fence, wall or barrier may be built to the property line, subject to any restrictive easements such as alleys, sidewalks or drainage easements or other restrictions encumbering the property.
(3) 
Gates.
There shall be at least one gate to provide access into an enclosed area. A gate must also provide access by a reasonable route to any adjoining alley.
(4) 
Drainage easements.
No fence, wall or barrier may be built into, across or within a recorded drainage easement in any manner without city council approval.
(5) 
Electric fences.
All electric fences must be installed using a UL (Underwriters’ Laboratories) approved device. An electric fence greater than twenty-four volts shall be clearly marked at fifty-foot intervals with a warning sign which shall state the fence is electric.
(6) 
Barbed wire, razor wire or destructive wire.
Requires city council approval in areas zoned residential.
(b) 
Variances.
(1) 
The city council may grant a variance to regulations provided in this section. A variance shall not be granted by the city council except upon a finding of the following:
(A) 
The literal enforcement of the provisions of this section would result in an unnecessary and/or unreasonable hardship;
(B) 
The special conditions are not the result of the applicant’s actions, but are peculiar to the land, structure or building involved;
(C) 
The variance requested is the minimum necessary; and
(D) 
No special privilege is granted which is denied to other similarly situated uses.
(2) 
In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section.
(Ordinance 2012-14 adopted 10/9/12)
In order to assure sight visibility at all street intersections, no fence, wall, barrier or any other solid object will be allowed to extend into the visibility triangle. This triangle has two sides starting at the center point of the intersection for the two streets measuring ten feet in length down each respective street along the nearest edge of the driving surface. The line connecting the end points of these two lines forms the third side of the triangle. In the case of curbed intersections, measurement will begin at the bottom of the curb. Plants, flowers and trees will be allowed in the visibility triangle as long as they allow an unobstructed view from three to eight feet in height from the nearest level of the driving surface. (See diagram 1 in section 3.10.006.)
(2001 Code, sec. 3.1204)
(a) 
In order to assure sight visibility at all street intersections with parking lot entrances, including driveways, no fence, wall, barrier or any other permanent solid object will be allowed to extend into a visibility triangle. The triangle has two sides ten feet in length, beginning at the center point where the edge of each respective entranceway or driveway connects to the driving surface, extending along the nearest edge of each driving surface. The line connecting the endpoints of these two lines forms the third side of the triangle. In the case of curbed intersections, measurements will begin at the bottom of the curb. (See diagram 1.)
(b) 
A person may maintain plants, flowers and trees within the visibility triangle as long as they provide an unobstructed view from three feet to eight feet in height from the nearest level of the driving surface. Mailboxes and driveway columns are also allowed in the visibility triangle as long as they are not more than five feet in height from the nearest level of the driving surface nor more than three feet wide on each side. (See diagram 1.)
Diagram 1
(2001 Code, sec 3.1205)
(a) 
Enclosure required.
It is unlawful to build, rebuild or maintain a swimming pool that is not completely enclosed with one or a combination of the following barriers:
(1) 
Fence;
(2) 
Building wall;
(3) 
Natural topographic barrier.
(b) 
Design and construction standards.
The barrier or barriers used to enclose a swimming pool shall meet the following requirements:
(1) 
Height.
The barrier enclosing a swimming pool shall be at least four feet in height from the nearest level of earth and constructed to prohibit young children from crawling underneath or through the barrier, or climbing over the barrier.
(2) 
Construction.
(A) 
The barrier shall be constructed to have no opening, other than doors or gates, larger than four inches in width.
(B) 
Where a picket-type fence is provided, horizontal openings between pickets shall not exist except for manufacturing tolerances in assembly.
(C) 
All new stockade fences shall have the horizontal support members located on the swimming pool side of the fence.
(D) 
Where access gates are used, they shall be at least four feet in height and conform to subsections (1) and (2) of this section.
(3) 
Gates and doors.
All gates or doors that allow entrance into the enclosed swimming pool area, excluding those doors or gates that allow entrance into the pool area from inside the home or building, shall be equipped with self-closing and self-latching devices which shall be maintained in good working condition.
(c) 
Building permit required.
A building permit shall be required prior to the erection, building or rebuilding of a swimming pool. An application for a building permit shall be accompanied by two sets of drawings which clearly show the placement of the swimming pool on the lot in relationship to the lot boundaries and other structures on the lot. Detailed drawings are also to be submitted to show the type of barrier to be used, which will demonstrate the full compliance with the requirements of this division. Written approval of plans by all utility companies serving a property with a swimming pool must also be submitted.
(d) 
Existing pools.
Owners of property with existing swimming pools that are not in total conformance with the requirements of this division shall have ninety days from the date the ordinance codified in this division was passed within which to comply with the requirements of this division.
(2001 Code, secs. 3.1206–3.1209)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Owner.
Any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant.
(2001 Code, sec. 8.1101)
(a) 
An owner shall maintain all fences, including those existing prior to the adoption of this division, located on the owner’s property in good repair and sound structural condition, with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed.
(b) 
The owner of any property shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of the day the owner receives written notice from the city manager or the city manager’s designee, with the same material, or material with comparable composition, color, size, shape and quality, of the original fence to which the repair is being made. The city manager or the city manager’s designee, upon written notice from the owner that unusual circumstances related to weather or other matters beyond the control of the owner prevent the timely repair of a fence, may extend the replacement time as required. The city manager or the city manager’s designee shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the city manager or the city manager’s designee a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. No person shall use materials not specifically manufactured as fencing materials, such as plywood, corrugated steel panels, or fiberglass panels, as fencing materials.
(c) 
A fence or wall on the property shall not preclude the property owner’s responsibility to maintain and keep the area between the fence or wall and the back of the curb, the edge of the pavement, or any adjacent property line free and clear of debris and high weeds.
(d) 
It is a defense to prosecution under subsection (a) if an owner completely removes a fence which was in disrepair, provided that the owner is not required to keep a fence pursuant to any other law or regulation.
(2001 Code, sec. 8.1102)
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this division.
(2001 Code, sec. 8.1103)
Nothing in this division shall limit any other requirements regarding fencing, including but not limited to requirements established by the following:
(1) 
Regulations relating to businesses where alcohol is sold;
(2) 
Regulations regarding swimming pool fences;
(3) 
Zoning requirements; and
(4) 
Any other applicable local, state, or federal law regarding fencing requirements.
(2001 Code, sec. 8.1104)