[HISTORY: Adopted by the City Council of the City of Newburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-1967 (Ch. 5, Art. I, Sec. 5.2, of the Code of Ordinances)]
Whenever the Council shall determine a fence or railing on any lot in this City abutting any sidewalk or street is necessary for the protection of the public, it may direct the owner or occupant to erect one in such manner and within such time as it may decide.
Compliance with this article shall be governed by the provisions of Chapter 226, Performance of Work by City.
[Adopted 6-9-1980 by Ord. No. 1]
No fence may be erected or structurally altered on any property used for residential purposes in the City without first obtaining a permit from the Building Inspector. The Building Inspector shall issue no permits for the erection of any fence within an Historic District or an Architectural Design District without the requirements set forth in Chapter 300, Zoning, of this Code having first been complied with.
Prior to the issuance of a permit for any fence, the Building Inspector shall consult with the Fire Department. No permit shall be issued for any fence, or shall any fence be erected, which will interfere with the access of Fire Department equipment to any hydrant, standpipe connection or structure.
No fence shall be permitted which is in excess of six feet in height, provided that the Building Inspector may permit a chain link fence in excess of six feet but no more than eight feet in height, upon a showing by the applicant that such fence is reasonable and necessary for reasons of public safety. The Building Inspector shall make a written decision stating the reasons for his decision.
All front yard and street and sidewalk setbacks must be established by the Engineering Department, and no setbacks are required at any side and rear lot lines. No gate may be maintained which at any point in the full circumference of its swing crosses the line of any street or sidewalk.
All fences must be built and maintained in a structurally sound manner. If a fence is to be painted, the paint must be maintained so as not to be peeling or chipping. Fence posts may not be visible from the outside of the fenced property unless they are also visible from the inside of the fenced property. No fence may be erected which will obstruct the line of sight for operators of vehicles approaching an intersection of public streets. Metal fences shall not be permitted to rust, nor shall wooden fences be permitted to rot or decay.
A drawing showing design, style and materials to be used must be delivered to the Building Inspector's office and approved by the Supervisor prior to issuance of a permit.
No signs, posters, slogans, advertising declarations, names, symbols or words of any kind may be maintained upon any fence without first obtaining a sign permit pursuant to Chapter 250, Signs, of this Code.
No structurally unsound or hazardous fence may be maintained within the City even though it was erected prior to the enactment of this Article.