§ 62-44. Fences or walls.
(a)
No fence, other than an ornamental open fence, and not wall, structure or planting over 3½ feet in height, above the established top of the curb grade at any corner, shall be erected or maintained in any residential district within 20 feet of the intersection of the street lines or street lines produced.
(b)
An open fence shall provide at least 30 percent open spaces in the face of the fence.
(c)
No fence or wall in any district shall be erected along a lot line of an adjoining lot of a residential classification at a greater height than five feet.
(d)
Fences, hedges or shrubbery may be erected on or across utility easements providing that a gate or other means of egress and ingress shall be provided whereby persons lawfully using the easements shall be privileged to travel along such easements without delay. This provision shall in no way be construed as an attempt to cancel or terminate utility rights across any property which may now be held by any utility company of the Department of Water and Sewers or any other department of the town, or any other government body.
(e)
No barbed wire fence shall be erected in any R-1, R-2 or R-3 zone.
(f)
It shall be unlawful for any person to erect, construct, use or maintain in the town any fence which shall be electrically charged by electricity from any battery, power company, or from any source whatsoever, and commonly known as an electric fence, unless approved by special exception in accordance with section 62-15, et seq. and all of the following criteria:
(1)
Electrification.
a.
The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery shall be charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.
b.
The electric charge produced by the fence upon contact shall not exceed the energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. International Electrotechnical Commission (IEC) Standard No. 60335-2-76.
(2)
Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a non-electric fence or wall. Such non-electric fence or wall shall be no less than six feet and no greater than ten feet in height. Additionally, the distance between such perimeter fence or wall and the permitted electric fence shall be no less than three and no greater than 12 inches as measured from the interior face of the non-electric fence to the exterior face of the electric fence.
(3)
Location, uses.
a.
Electric fences shall be permitted only in M-1, M-2, and L-1 zoning districts, provided however, that electric fences shall be prohibited on properties abutting any residential, park, school, or other similar uses unless the Town Council determines either that the proposed placement of the electric fence will not present an undue hazard, or that conditions of the approval mitigate the hazards potentially created by placing an electric fence in proximity of such uses.
b.
Uses within electric fences shall be limited to:
1.
The storage of equipment;
2.
The storage of raw or new materials;
3.
The storage of vehicles;
4.
Such other uses deemed by the Town Council to be compatible with the proposed electric fence.
(4)
Height. Electric fences shall not exceed the lower of either (i) ten feet in height; or (ii) two feet above the height of the perimeter fence or wall.
(5)
Warning signs. Electric fences shall be clearly identified with warning signs posted at a height of at least five feet above grade and at intervals of no less than 20 feet. Each such sign shall read:
Danger - Electric Fence
Peligro - Cerca Eléctrica
Danje - Kloti elektrik
(6)
Emergency access.
a.
Electric fences shall be designed to allow emergency responders to power off the electric fence and obtain access to the fenced area without prior coordination or consent of the property owner or fence operator.
b.
As a condition of approval, the operator of the electric fence shall submit proof satisfactory to the Building Official or his designee that provisions have been made by the electric fence operator for access by emergency responders to power off the electric fence and obtain access to the fenced area in the case of an emergency.
(7)
Insurance. Proof, reasonably satisfactory to the Building Official or his designee, that the operator of the proposed electric fence and the owner of the property where the electric fence will be located have (and can maintain at all times) public liability insurance in the minimum amount of $1,000,000.00.
(8)
Indemnification. As a condition of approval of the special exception and prior to the issuance of a building permit for the proposed electric fence, the operator of the electric fence and the owner of the property where the electric fence will be located must each execute and deliver to the town an indemnity and hold harmless agreement in a form acceptable to the Town Attorney. Said agreement shall require that the indemnitor assume all civil liability for the electric fence operator's acts, omissions or commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from the issuance of the special exception or building permit for the electric fence, compliance with applicable laws or regulations, or the operations or activities of the electric fence operator and/or the property owner. Said agreement shall further hold the town, its officials and/or its employees (the "indemnitees") harmless for and defend the indemnitees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the approval of the special exception or a building permit for the construction of the electric fence, even if it is alleged that the indemnitees were negligent unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the indemnitees. Said agreement shall survive the revocation or expiration of the special exception.
(9)
Change of ownership or operator. As a condition of approval, any change in ownership of the electric fence, the property where the electric fence is located or the electric fence's operator shall require review and approval by the Building Official or his designee. The official or his designee shall confirm continued compliance with all of the above requirements. Where an electric fence or the property where the fence is located is owned or operated by a corporate entity, a change of ownership or operator shall include any transfer of 50 percent or more of ownership interest in the entity.
(10)
Previously installed or permitted electric fences. Within 180 days of the effective date of this section, all operators of previously installed or permitted electric fences and the owners of properties where such electric fences are located shall submit proof satisfactory to the Building Official or his designee that said operator and said property owner are and can remain in compliance with sections 62-44(f)(1)—(9) of the Town Code as created by this section. If the official or his designee determines such proof of compliance satisfactory, the electric fence operator and property owner may continue to operate the electric fence as a legal nonconforming use pursuant to section 62-61 of this Code. Failure to provide satisfactory proof of compliance with sections 62-44(f)(1)—(9) within 180 days of the effective date of this section shall constitute a violation of this chapter and the electric fence operator and property owner shall be required to immediately use of the electric fence.
(Ord. No. C-151, § 6(9), 3-4-74; Ord. No. C-391, § 2, 5-4-2015)