All lot perimeter fences or barriers shall be
set back from property lines a reasonable distance to allow their
construction and maintenance without trespass on neighbors' property,
unless a fence is co-owned by all parties involved and application
is made by the several parties collectively. These "party fences"
may be erected along property lines as mutually agreed and described
in the application form filed with the Building Department.
All living (shrubs or bushes) fences or barriers
or hedges shall conform to all height restrictions applicable to other
fences in this article with regard to the fifteen-foot distance from
street lines and side lines.
All barbed wire fences and electric fences shall
be clearly marked with hunter orange blazes at intervals of 20 feet.
Barbed wire and electric fences shall be permitted, and living fences
with sharp thorns may be planted only on those properties in RR Zoned
Districts where livestock numbering five or more are actually kept
and raised. No type fence will be allowed in the City on which a person
or domesticated animal could become impaled, torn, slashed, mutilated
or otherwise grievously injured.
The foregoing restrictions on fence heights
shall not apply to a fence erected to contain a recreational facility,
such as baseball backstops, spectator bleachers, tennis courts, archery
ranges, swimming pools and like installations.
All fences and living fences existing at the
time of this article's adoption shall be brought into compliance with
this article at the time of their replacement, rebuilding or replanting,
but no later than five years from the date this article became effective.
A fine of $10 per day shall be imposed for violators
of this article, commencing with the 10th day following constructive
delivery of a violation notice from the Building Department.
[Amended 6-1-1987 by Ord. No. 87-1370B; 10-6-2014 by Ord. No. 14-1005921A]
The Fence Viewers of the City of Marlborough,
upon appeal to them by an applicant who has been denied a fence permit
by the Building Commissioner, after due notice and open hearing, may
waive or vary, in the particular case, specific requirement(s) of
this article where, in their majority opinion, the enforcement thereof
would do manifest injustice or cause undue hardship to an applicant
for a permit, provided that the decision of the Fence Viewers shall
not conflict with the spirit and safety concerns of this article.
The burden of proof of the manifest hardship or injustice shall be
the responsibility of the applicant.
In addition to any fees to which they may be
entitled under applicable Massachusetts General Laws, each Fence Viewer
shall be paid the sum of $7 for each appeal hearing the Fence Viewer
attends and participates in. The applicant shall be responsible for
payment of said fees, payment to be made to the City of Marlborough,
prior to said appeal hearing, in an amount equal to $7 times the number
of Fence Viewers then holding said office. Seven dollars shall be
abated to the applicant for each Fence Viewer not present and participating
in said appeal hearing.
[Added 10-19-1992 by Ord. No. 91-3938B]
Fences and walls shall be maintained in good
repair and presentable appearance or replaced.