[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
4-25-1979 by L.L. No. 1-1979 (repealing former Ch. 65, Fences, adopted 2-8-1961
by Ord. No. XXX, as amended). Amendments noted where applicable.]
No person, firm association or corporation shall hereafter erect and
maintain any wall or fence for any purpose whatsoever without first having
obtained a permit from the Superintendent of Buildings.
The application made to the Superintendent of Buildings shall be made
in triplicate and shall state the purpose for which the wall or fence is to
be erected. The application shall be accompanied by a plot plan showing the
proposed location thereof, a drawing showing a side elevation and a statement
setting forth the length, height and thickness thereof, together with a description
of the material to be used in its construction.
[Amended 10-26-1988 by L.L.
No. 7-1988]
The applicant for a fence permit shall pay the fee prescribed in § 38-9.
[Amended 2-26-2004 by L.L. No. 6-2004]
A.
Excavations near public streets. Any person, firm, association
or corporation owning land within the corporate limits of the Village of Manorhaven,
upon which land there is any public street, sidewalk, road or highway and
as a result of which the surface shall be lower than three feet below the
grade of the sidewalk, street, road or highway adjacent to said land, shall
provide a chain link fence protective barrier which shall not be less than
six feet high. Such fence shall be constructed so as to prevent children and
other persons from gaining access to the said premises in which the excavation
or depression is located.[1]
B.
Abandoned structures. Any firm, person, association or
corporation owning land in residential, business or industrial areas, upon
which land there exists a wholly or partially complete and abandoned or unoccupied
structure which shall have been abandoned or unoccupied for a period of more
than one year, must install a six-foot-high fence around said property.
A.
Any fence facing a residential district shall have its
most pleasant or decorative side facing the residential district, with all
posts and supports being on the side of the fence opposite the residential
area, unless such is a part of the design of the fence. This relationship
shall prevail where any more restrictive district abuts any less restrictive
district having the posts and/or supports on its side.
C.
Maximum permitted height in an industrial district: six
feet.
D.
Barbed-wire or electric fences.
(1)
A fence six feet high with a barbed-wire top or an electric
shock fence which would not be detrimental to the health, safety or welfare
of any person coming into contact with it may be permitted in the industrial
districts, upon issuance of a conditional use permit by the Village Board,
where it can be demonstrated that:
(a)
The fence is needed to prevent entry to an area which
could be hazardous to the health, safety or welfare of a person or persons.
(b)
Where, in the Board's opinion, other reasons are presented
which, in the general community interests or interests of national safety,
justify the need for such a fence.
(2)
Where such fences are permitted, the fact that they are
either barbed or electrified shall be clearly indicated on the fences at intervals
of not more than 25 feet.
Every swimming pool heretofore or hereafter constructed, installed or
maintained shall be completely enclosed by a fence of durable construction
not less than four feet high nor more than six feet high, having at least
one gate or door, which shall be kept securely locked at all times when such
pool area is not being used. This provision, except for the requirements of
the gate or door, shall be inapplicable to the extent that a part or all of
the pool is enclosed by the side or sides of a building, and the locking requirement
shall not apply to any door of a building.
All fences shall be kept in good repair. The owner or the person having
control over a premises where a fence is in need of repair shall repair said
fence 30 days after receipt of notice from the Building Inspector stating
the need for such repairs.
[Amended 11-20-1991 by L.L
No. 3-1991; 1-22-1997 by L.L.
No. 1-1997]
Any person, association, firm or corporation which violates any provision
of this chapter or assists in the violation of any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction of
a first offense; for conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine of not less than $1,000
nor more than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not less
than $2,000 nor more than $3,000 or imprisonment for a period not to exceed
15 days, or both. Each week's continued violation shall constitute a separate
additional violation.
