[Ord. No. 449 §525.010, 9-14-2005]
The purpose of this Chapter is to establish regulations concerning
fences in the City of Truesdale, Missouri, to help protect its citizens
to help ensure the citizens can enjoy the use of its property.
[Ord. No. 449 §525.020, 9-14-2005]
The following words, when used in this Chapter, shall have the
meanings set out herein:
A structure erected on a temporary basis to protect a construction
site from vandalism and unauthorized entry.
An enclosure or barrier such as wooden post, wire, iron,
etc., used as a boundary, means of protection, privacy screening or
confinement, but not including hedges, shrubs, trees or other natural
growth.
The vertical distance measured from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material. In the case of wire fencing,
height shall be measured by the width of the material used providing
that when installed, the material is directly adjacent to the ground
level.
A non-site obscuring, decorative wooden or metal structure
used to enhance, accent or protect the landscaping of the site.
A decorative structure, often site-obscuring, erected adjacent
to or around a patio, deck, courtyard or swimming pool designed to
screen the area behind it or within its confines from observation
by persons outside its perimeter.
A barbed fence, a fence with spikes, other sharp points or
a razor blade fence.
Opaque or having such qualities as to constitute a complete
visual barrier to persons outside the perimeter of the site-obscuring
object. A fence which partially obscures a site shall not be considered
site-obscuring if the distance between boards, slats, rails, stanchions
or balusters equals or exceeds three (3) inches.
A fence whose principal material is wire. This includes,
but is not limited to, chain link fences.
[Ord. No. 449 §525.030, 9-14-2005]
It shall be unlawful for any person, firm or corporation to
construct or cause to be constructed any fence or privacy screen upon
any property within the City of Truesdale without first having obtained
a permit. The owner, renter or lessee of the property shall be responsible
for obtaining the permit, unless it can be demonstrated that he/she
has hired a contractor to erect the fence or privacy screen. If a
contractor has been hired to erect a fence or privacy screen, then
such person, firm or corporation shall be responsible for obtaining
the permit. Failure to obtain a permit could cause the City of Truesdale
to seek criminal ordinance charges and/or injunctive relief against
both the contractor and/or property owner.
[Ord. No. 449 §525.040, 9-14-2005]
Any person, firm or corporation desiring to erect, build or
construct or cause to be erected or constructed a fence or privacy
screen upon property in the City of Truesdale shall first apply to
the Building Commissioner for a permit and shall pay a fee to be established
by ordinance of the Board of Aldermen. A permit shall be issued only
after the Building Commissioner has reviewed the application and has
determined that the proposed fence or privacy screen complies with
this Chapter.
[Ord. No. 457 §525.041, 12-14-2005]
A.Â
The
fee for the permit to erect or construct a fence or privacy screen
upon property in the City of Truesdale shall be set at twenty-five
dollars ($25.00).
B.Â
No
permit shall be issued until the Building Commissioner or his/her
representative has reviewed the application and has determined that
the proposed fence or privacy screen complies with this Chapter and
the fee has been paid.
[Ord. No. 449 §525.050, 9-14-2005]
All fences and privacy screens shall be constructed of either
metal, ornamental wire, wrought iron, plastic or wood. A decorative
fence constructed of any of the preceding materials shall be permitted
provided the Building Commissioner determines that the proposed fence
is of structurally sound construction. All supporting posts, cross
members and protruding bolts, screws and/or hardware of site-obscuring
fences and privacy screens shall be inside the lot and face toward
the interior of the lot of the person, firm or corporation who erects,
constructs or causes to have erected or constructed the site-obscuring
fence or privacy screen. Masonry pillars used in conjunction with
a fence made of approved materials shall be permitted upon the same
terms and conditions as the fence itself.
[Ord. No. 449 §525.060, 9-14-2005]
Landscape treatments shall be permitted provided that they do
not exceed three (3) feet in height and do not reduce the sight distance
of the traveling public.
[Ord. No. 449 §525.070, 9-14-2005]
Privacy screens are permitted in the rear yard provided that
they do not exceed six (6) feet in height. Privacy screens are not
permitted in the front yard.
[Ord. No. 449 §525.080, 9-14-2005]
A.Â
Electrified
and barbed wire fences shall be permitted on any real estate taxed
as agricultural when used in connection with an approved farming operation,
i.e., a tract of land having thereon an agricultural use as defined
by Missouri law.
B.Â
Residential
fences shall not exceed six (6) feet in height.
C.Â
On
a corner lot, the fence shall not extend beyond the front building
line nor shall any fence extend beyond the interior side and rear
property lines. On the exterior side a fence shall not be any nearer
than fifteen (15) feet of the property line. (Property line running
parallel to side street.)
D.Â
On
a through lot, a fence is permitted to extend to and along the property
line opposite the front of the structure. No fence shall be permitted
to extend beyond the building line at the front of the structure or
any property line.
E.Â
On
any interior lot other than a through lot, a fence shall not extend
beyond the front building line nor shall any fence extend beyond the
side and rear property line.
F.Â
In
no case shall any front yard be enclosed by a fence other than provided
for a through lot.
G.Â
Temporary
fences may be erected in conjunction with "display homes" in subdivisions
so long as the fences are removed within thirty (30) days following
the sale or transfer of the ownership of the home.
H.Â
Ornamental
dividers, plastic chains, posts or like materials erected along driveways
or sidewalks shall not be considered a fence.
I.Â
Fences
shall be erected around swimming pools in the City of Truesdale.
J.Â
There
shall be no fences consisting of one (1) or more strand wires constructed
on real estate taxed as residential or commercial.
[Ord. No. 449 §525.090, 9-14-2005; Ord.
No. 812, 7-26-2017]
A.Â
The
use of barbed wire, single strand wire, wire mesh, wire grid, chicken
wire fence, or cattle panel in an area taxed as residential is hereby
prohibited.
B.Â
Sharp
or pointed tops, affixed spikes, projecting nails, or other dangerous
objects of any kind or description shall not be permitted in areas
taxed as residential or commercial unless otherwise set out in this
Chapter.
[Ord. No. 449 §525.100, 9-14-2005]
A.Â
Fences
higher than six (6) feet may be permitted for security and/or screening
purposes by the Building Commissioner. Request stating reason must
be made in writing. Barbed wire shall be permitted only if the lowest
strand is at least seven (7) feet above grade and when used for security
purposes in addition to a regular fence.
B.Â
Fences
are permitted on any lot or paved area so long as they do not extend
beyond the front building line, unless variance is granted by the
Board of Aldermen.
C.Â
Where
a fence is constructed to comply with screening requirements, all
fencing regulations regarding maintenance, material and height shall
apply.
[Ord. No. 449 §525.110, 9-14-2005]
The Board of Aldermen may grant a variance where deemed in the
best interest of the City of Truesdale.
[Ord. No. 449 §525.120, 9-14-2005]
All fences shall be built by the party desiring the same so
as not to have any part of the fence encroaching upon adjoining property.
[Ord. No. 449 §525.130, 9-14-2005]
The City of Truesdale shall not be responsible for the enforcement
of any agreement relative to mutual or separate payment for the cost
of construction of fences, nor shall the City be responsible for the
determination of the location of any fence to be erected, built or
constructed on a lot line.
[Ord. No. 449 §525.140, 9-14-2005]
A.Â
Any
person who erects, builds or constructs any fence or privacy screen
upon property which said persons owns or leases or rents shall be
responsible for the repair, upkeep and maintenance of the fence or
privacy screen and any area adjacent thereto.
B.Â
Any
person who contracts with another or causes another to erect, build
or construct a fence or privacy screen shall be responsible for the
repair, upkeep and maintenance of that fence or privacy screen and
any area adjacent thereto.
C.Â
Any
person who owns property upon which a fence or privacy screen has
been constructed by previous owner shall be responsible for the care,
upkeep and maintenance of the fence or privacy screen. If a previously
constructed fence is located upon a lot line, each successive owner
of the fence or privacy screen shall be responsible for its care,
upkeep and maintenance. If ownership of the fence located upon a lot
line is joint or cannot be determined, then each party owning property
adjacent to the fence shall be responsible for the care, upkeep and
maintenance of the fence facing their property. For the purpose of
this Subsection, the owner of a fence shall be deemed to be any person,
persons or their successors who purchase or otherwise acquire the
property from the person who originally erected or caused a fence
to be erected thereon.
D.Â
The
Building Commissioner or his/her designated personnel may inspect
any fence to determine whether it conforms with the provisions of
the Chapter. Any person who erects, constructs, builds or causes to
erect, construct or build a fence or has property upon which a fence
is located shall permit the Building Commissioner or his/her designated
personnel access to inspect said fence to determine whether it complies
with the provisions of this Chapter. When the Building Commissioner
or his/her designated personnel receives a complaint that a fence
has not been constructed, maintained or repaired as required by the
ordinance, the Building Commissioner or his/her designated personnel
shall give written notice at least five (5) days in advance of the
date of an intended inspection to the parties interested advising
them of the time and place that the fence will be inspected. The Building
Commissioner or his/her designated personnel shall then inspect said
fence at the arranged time and place and determine in writing if the
fence is required to be repaired or rebuilt. Written notification
of the results of said inspection shall be sent to the owner or person
responsible for the maintenance of the fence. If any person so notified
neglects or refuses to comply with the requirements of such determination
for a period of fifteen (15) days, then the Building Commissioner
or his/her designated personnel shall have the authority to cause
a complaint to be filed in court against the responsible parties.
E.Â
All
fences erected prior to enactment of this Chapter shall be considered
non-conforming and as such shall be allowed to remain in place. However,
at such time when the parcel or lot in question is sold, transferred
or leased to another party, the fence will be either brought into
conformity or removed.
[Ord. No. 449 §525.150, 9-14-2005]
Any citizen, organization, homeowner or business entity who
puts up a pool, whether it be permanent or temporary, shall construct
a fence at least four (4) feet tall completely around the pool. This
Section shall apply only to pools which equal or exceed twenty-four
(24) inches in water depth, or the wall depth equals or exceeds twenty-six
(26) inches, or the surface water area equals or exceeds two hundred
fifty (250) square feet, or which are equipped with a water-recirculating
system. The fence shall not be electrified or barbed wire.
[Ord. No. 449 §525.160, 9-14-2005]
Any person violating any of the provisions of this Chapter is
subject to a fine of one dollar ($1.00) to five hundred dollars ($500.00)
and/or a jail sentence of up to ninety (90) days. Each day a violation
exists is deemed a separate violation and the City may also seek injunctive
relief and the landowner's costs, including the City's attorney fees.
