[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984
by L.L. No. 3-1984, approved 8-28-1984, as Ch. 49 of the 1984 Code. Amendments
noted where applicable.]
A.
From and after the date of effectiveness hereof, no person,
persons, firms, associations or corporations shall erect, construct or reconstruct
any fence, division line or barrier between and along any public street, highway
or sidewalk in the City of Kingston, New York, or between adjoining properties,
which fences, dividing lines or barriers are less than six feet in height;
and provided, further, that any barbed wire used thereon shall be only at
the top thereof and the fence, including any overhang of barbed wire, shall
be wholly contained in the property so fenced in, and any other use of barbed
wire for any such similar purpose is hereby forbidden. Any and all planned
erections, construction or reconstruction as aforementioned shall be subject
to the prior approval of the Zoning Board of Appeals which is hereby authorized
to impose reasonable restrictions and limitations thereon.
[Amended 12-5-1989; approved 12-7-1989]
B.
Any fence, dividing line or barrier containing barbed
wire as hereinabove described which shall not conform to the foregoing, shall
be brought into compliance therewith not later than six months following the
effective date of this section.
Each violation of this chapter or any portion thereof shall subject
the owner, operator or person in overall charge of the premises in question
to prosecution as and for a Class B misdemeanor and shall be subject to any
and all penalties imposable by the court as and for such class of crime. Notwithstanding
any of the foregoing, nothing herein contained shall prevent either the municipality
or any private property owner or private person to institute and maintain
appropriate civil proceedings for the abatement of a nuisance or for other
relief resulting from each violation of this chapter.
This chapter shall take effect immediately after the publication thereof
at least twice in the official papers of the City of Kingston.
No person, persons, association or corporation shall erect or construct
an electrified wire fence along a public highway or sidewalk in the City of
Kingston or as a division line between any lot or property located in the
City of Kingston.
