[HISTORY: Adopted by the Board of Trustees of the Village of Babylon 1-8-1991 by L.L. No. 1-1991 (Ch. 122 of the 1981 Code). Amendments noted where applicable.]
A. 
In Residence Districts A-11, A-9, A-7, A-4, O and M, the following fences, as defined in the chapter, shall be permitted:
(1) 
On the rear lot line and side lot lines, enclosing the rear and side yards, fencing may be erected not exceeding six feet in height, provided that it shall not exist in the front yard, that being beyond the front building line of the principal structure, on either side.
(2) 
In the front yard, beyond the front building line of the principal structure, fencing may be erected not exceeding four feet in height.
(3) 
On a corner lot, within the triangular area bounded by the lot lines connecting at the street corner of the lot and a point 30 feet from that intersection on each of said connecting lot lines, solid fencing, which might tend to cause a vision obstruction, may be erected not exceeding three feet in height.
[Amended 9-22-2020 by L.L. No. 3-2020]
(4) 
Within 10 feet of the edge of either side of the ingress and/or egress of a driveway, solid fencing, which might tend to cause a vision obstruction, may be erected not exceeding three feet in height.
B. 
In reference to any fence permitted herein, the following shall be strictly prohibited:
(1) 
The existence of any gate which opens onto any street.
(2) 
The use of any fence which delivers an electric shock, charge or current to any animal or human being when contact is made.
C. 
The provisions of Subsection A(3) and (4) shall also apply to hedges and/or densely growing shrubbery.
[Amended 9-22-2020 by L.L. No. 3-2020]
D. 
For the purposes of this section only, the following terms shall have the meanings indicated:
FENCE
Either basket-weave, woven-wire, vertical-woodstaving, split-rail or a fence having open spaces the same width as and between each of the pickets, slats or other materials used in its construction, unless otherwise permitted by the Board of Appeals as hereinafter provided.
FRONT BUILDING LINE
Refers only to the principal structure and shall not include patios, porches, stoops, enclosed vestibules protruding from the front of the principal structure and any other non-living-space extensions to the principal structure.
FRONT YARD
Refers to the yard which faces the street that is used as the postal or mailing address of the subject property when said property has frontage on two or more streets.
E. 
Fencing which complies with the provisions of this section shall not require a building permit. Fencing permitted by a variance granted by the Zoning Board of Appeals or modifications granted by the Planning Board, pursuant to this chapter, shall require a building permit.
F. 
Any person owning or occupying land or premises adjoining any public place shall prevent any hedge, wall, fence, gate or shrubbery upon such land or premises from encroaching upon or projecting over any part of the public place.
G. 
In Marine Commercial, Retail Business, Industrial, Advanced Living Multiple Residence and Residence Railroad Station Districts, all fencing requires the approval of the Planning Board.
[Amended 9-9-1997 by L.L. No. 3-1997]
A. 
No person shall use barbed wire or any similar device in the construction of any fence or any part thereof.
B. 
Any fence shall have the smooth or finished side facing the outside of the property, and all posts, braces or pipes must be located on the inside of the fence, when possible.
Should the person or persons charged fail or refuse to perform any or all of the duties prescribed in this chapter, then the Board of Trustees shall cause the omitted duty or duties to be performed and the expense thereof to be assessed upon the land of the owner thus failing or refusing.
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.