[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:
- CONSTRUCTION SITE BARRIER
- 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.
- FENCE HEIGHT
- 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.
- LANDSCAPE TREATMENT
- A non-site obscuring, decorative wooden or metal structure used to enhance, accent or protect the landscaping of the site.
- PRIVACY FENCE
- 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.
- SHARP POINTED FENCES
- 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.
- WIRE FENCE
- 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]
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).
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]
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.
Residential fences shall not exceed six (6) feet in height.
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.)
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.
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.
In no case shall any front yard be enclosed by a fence other than provided for a through lot.
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.
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.
Fences shall be erected around swimming pools in the City of Truesdale.
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]
Barbed wire, sharp or pointed tops, affixed spikes, projecting nails or other dangerous objects of any kind or description shall not be permitted as fencing material in any area taxed as residential or commercial unless otherwise set out in this Chapter.
[Ord. No. 449 §525.100, 9-14-2005]
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.
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.
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]
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.
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.
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.
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.
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.