044-79 Ordinance
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MAY 7' 1979
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ORDINANCE NO. #.71
AN ORDINANCE A}lliNDING THE GENERAL ORDINANCES
OF THE VILLAGE OF DUBLIN, OHIO, AND GOVERNING
n THE CONSTRUCTION AND ERECTION OF FENCES WITHIN
RESIDENTIAL DISTRICTS OF THE VILLAGE.
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WHEREAS, the legislature of the State of Ohio has authorized
Municipal Corporations to regulate the erection of fences within
the Village by virtue of Section 715.27 Ohio Revised Code, and
WHEREAS, in the interests of the public health, safety and
welfare of the inhabitants of the Village of Dublin, Ohio, the
Council of said Village deems it necessary to regulate the
erection and placement of fences within residential districts
within the Village,
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF DUBLIN, OHIO, ~ members concurring, that:
,...., Section 1. That there be and hereby is enacted an Ordinance
. '\ regulating fencing in residential districts within the Village
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of Dublin, Ohio, hereafter known as the "DUBLIN FENCE ORDINANCE".
Section 2. That said Fence Ordinance shall contain the
following provisions:
A. Purpose.
The purpose of this Ordinance is to establish regulations
controlling the use of fences, hedges, and walls whereby the
lot owner in a residential district may have the privilege of
privacy and landscape design within his own lot with due consider
ation to the environment of his neighbor, the appearance of the
community, and the safety of the public and the individual.
B. Scope.
( This Ordinance shall apply to all residential districts
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as the same are defined by the zoning ordinances and official
map of the Village of Dublin. This Ordinance shall not apply
to rural, commercial, or industrial districts as the same are
defined in the zoning ordinance except as specifically required
by the use of the term "all" districts.
The fence regulations herein shall not apply to any
permanent fence structure four feet or less in height erected
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prior to the effective date of this Ordinance.
C. Definitions.
'" (1) Fences. The word fences shall be deemed to mean any
U structure composed of wood, iron, steel, shrubbery,
hedges, or other material erected in such a manner
and position as to enclose or partially enclose any
premises or any part of any premises. Trellises or
other structures supporting or for the purpose of
supporting vines, flowers, and other vegetation when
erected in such position as to enclose any premises
or any part of any premises shall be included within
the definition of the word fences. Structures erecte
other than on lot lines or in close proximity to lot
lines, which have solely an ornamental purpose and
which do not in fact serve the purpose of enclosing
or partially enclosing premises or of separating
premises from adjoining premises, shall not be in-
cluded within the definition of the word fences.
(2) Privacy Fence. A fence made to inhibit public view
and provide seclusion and, when viewed at right
angles, having more than fifty percent (50%) of the
area of its vertical plane (the area within a
rectangular outline enclosing all parts of the fence
in its vertical plane) closed to light or air.
Permitted privacy fences are:
n a. Basket Weave or Woven Fence. A fence made of
interwoven str1ps or slats ot flexible or semi-
\...; flexible material in which the pattern has the
appearance of a plaited basket.
b. Louver or Ventilating Fence. A fence made of a
. series of slats placed at an angle or positioned so
as to provide air but to deflect light perpendicular
to its vertical plane.
(3) Open Ornamental Fence. A fence usually made of wood
constructed for its beauty or decorative effect and,
when viewed at right angles, having not less than
fifty percent (50%) of the area of its vertical
plane (the area within a rectangular outline enclosin
all parts of the fence in its vertical plane) open to
light and air. Permitted open ornamental fences are:
a. Rail or Split Rail Fence. A fence constructed of
narrow, whole or split, wooden timbers placed
horizontally between upright supporting posts.
b. Picket Fence. An open fence made of upright poles
or slats.
r: (4) Chain Link Fence. A fence usually made of metal con-
'-' sisting of loops of wire interconnected in a series
of joined links.
(5) Barbed Wire Fence. A fence made with. metal wire havin
sharp points or barbs along its length.
(6) Stockade (Palisade) Fence. A fence constructed with
a row of large pointed stakes placed upright against
each other having more than fifty percent of the area
of its vertical plane closed to light or air.
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(7) Electrified Fences. Includes all fences or structures
included in which or attached to which, is or are any
device(s) or object(s) which emits or produces an
electric charge, impulse or shock when the same comes
"'" into contact with any other object or any person,
animal or thing, or which causes or may cause, burns
t to any person or animal.
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D. Establishing Regulations.
Fences shall be designed, erected, altered, reconstructed
moved, anchored, positioned and maintained, in whole or in part,
strictly in accordance with the provisions of this Ordinance.
E. Conflicting Provisions.
To the extent that the provisions of this Ordinance shall
be included in or similar to restrictive covenants contained in
any deeds of record or recorded plats or approved subdivisions,
or the contents of an approved zoning plan, then the contents of
such restrictive covenants, approval of plats or subdivisions
or plans shall control to the extent they are not in conflict
r1 with this Ordinance.
\.). F. Permitted Fences.
Fences shall be permitted in required yards as follows,
except as otherwise provided in the Zoning Ordinances or General
Ordinances of the Village.
(1) Open Ornamental Fences. Shall be permitted in
residential zoning districts.
(2) Chain Link Fences. Shall be permitted in all zoning
districts only in rear and side yards. Said fences
may be erected parallel to and on, or approximately
on, the common property line to a height not exceedin
five feet above the natural grade.
(3) Privacy Fences. Shall be permitted in all zoning
districts only in rear yards. Such fences shall
comply with the yard requirements of a permitted
accessory building and shall not exceed seven feet
in height above the natural grade.
('J (4) Shrubbery or Hedges. Shall be permitted in public
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\..J facilities and residential zoning districts.
(5) Electrified, Barbed-Wire, and Stockade Fences are
hereby prohibited in residential districts.
G. Swimming Pools.
Swin@ing Pools located within all zoning districts of the
Village of Dublin shall be surrounded by a fence, not less than .
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four (4) feet in height and all openings, doorways, and entrances
I into said pool area shall be equipped with gates of equal height
r"'! with said fence, which gates shall be provided with latches.
U Above ground pools shall not be included within the definition
of "Swirmning Pool" in this section.
H. Similar Fences.
The Village Administrator (Building Inspector of the
Village) may permit other fences similar in character and design
to one or more of the above permitted fences upon application.
I. Corner and Through Lot.
~nere a rear or side yard abuts a street, fences other-
wise permitted in side or rear yards shall not extend into
required yards, provided however, that this provision shall not
prohibit permitted rail or split rail fences erected in such side
or rear yards parallel to and not nearer than one foot to the
0 side or rear property line, at a height not to exceed three (3)
feet above the natural grade.
J. Haintenance.
Such permitted structures shall be maintained in good
condition, be structurally sound and attractively finished at
all,times. Any grounds between such structures and property
lines shall be well maintained at all times. Any such structures
permitted on the property line shall be designed, constructed and
finished so that the supporting members thereof shall face the
property of the owner of the fence.
K. Permit.
Any fences which may be permitted shall require the
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n issuance of a permit by the Safety- e~vt~~ ~irccter after the
. same has been approved by him.
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L. Inspection.
It shall be the duty of each property owner to determine
property lines and to ascertain that the fence thus constructed
does not deviate from the plans as approved by the Village
Administrator issuing permits and said fence does not encroach
upon another lot or parcel of land. The Village shall furnish
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such inspection as is deemed necessary to determine that said
fence is constructed in accordance with plans submitted for
permit, provided however, that the issuance of said permit
0 by the Village shall not be construed as to mean the Village
has determined said fence is not encroaching upon another lot,
nor shall it relieve the property owner of the duty imposed upon
him herein.
M. Penalty.
Whoever violates any provision of this Ordinance, and
upon conviction thereof, shall be guilty of a minor misdemeanor.
Each day that such violation continues shall constitute a
separate offense.
N. Partial Invalidity.
A determination that any section of this Ordinance is
unconstitutional, void, or ineffective for any cause, shall not
(J affect the validity or constitutionality of any other section
, ;~ hereof.
Section 3. This Ordinance shall take effect and be in
force from and after the earliest period allowed by law.
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President Pr6 lempore
M~~ Off'
ayor - reS1 1ng 1cer
ATTEST, ~
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C erk - Trea~r~
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TO: Dublin Village Council
FROM: Hichael T. Gunner, Assistant Solicitor
SUBJECT: Fence Ordinance - Electrified Fences
DATE: Hay 1, 1979
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Pursuant to Council questions and those of the Waterford
Village residents, I wish to report the following:
l. Making a statute retroactive (retrospective) is a
violation of the Ohio Constitution, Article 2, Section 28.
2. This Constitutional provision does not apply to
Ordinances except by implication, however, generally retroactive
laws with retroactive application are invalid.
3. Also prohibited are Ex Post Facto laws which change
punishment for an act which was a crime or affix punishment for
an act which was not a crime, prior to enactment of the ordinance
or legislation.
C In the instant case, it has been argued that the electrified
fences are inherently dangerous to persons. One Con~on Pleas
Court in a very old case, Thomas Cusach Co. v. Cincinnati, 9 ONP
(ns) 466, 20 ODNP 219, held that an ordinance cannot be applied
retroactively to an existing condition except to the extent
necessary to protect the public against injury therefrom.
In addition, other cases seem to conclude that a law is not
retroactive or ex post facto if there is a sort of grace period
to allow nonconforming conditions to be corrected.
Even though zoning ordinances cannot be applied retroactivel ,
they can provide for extinguishment of nonconforming uses. Conse
quently, the fence ordinance as presently drafted should be amend
r in two particulars:
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\... Section 2 B. should be amended as follows:
The first paragraph shall be modified as follows:
"This Ordinance shall apply to all residential districts as
the same are defined by the zoning ordinances and official map of
the Village of Dublin, except that in those areas zoned R-l,
Restricted Suburban Residential District, this ordinance shall
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Fence Ordinance
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apply to any fencing constructed, altered, repaired, remodeled,
~ or modified, when such property is subdivided or otherwise split
\. into separate parcels, and in addition, this ordinance shall
appl~ as to property zoned R~l, to any fencing hereafter con-
structed which is used other than to confine livestock, horses,
or other farm animals, and which fencing otherwise presents a
risk of harm to the public. In the event such fencing is to be
used solely to confine livestock, horses or other farm animals
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as otherwise permitted to be owned, boarded, or maintained in
said R-l zoning district, then the provisions of this ordinance
regarding the prohi~~~ion of electrified, barbed wire or stockade
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fences shall not apply to such property, except in the event such
property is to be subdivided or split into separate parcels or
~ rezoned. In any event, any fencing constructed, altered, repaire
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~ or modified in said R-l zoning district shall nonetheless first
require the issuance of a permit, the application for which shall
clearly state whether or not the owner does or will and legally
may, possess livestock, horses or other farm animals on the
premises, and that the purpose of any electrified, barbed wire
or stockade fencing is solely to confine such animals."
The second paragraph should be amended as follows:
tiThe fence regulations herein shall not apply to any
~rmanent fence structure four feet (4') or less in height
erected prior to the effective date of this ordinance except
to the extent that such fence structures are altered modified
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~ or rebuilt. Provided, ho~~ver, that the use of all existing
~ electrified or barbed wire fences as herein prohibited shall be
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discontinued no later than sixty (60) days from the effective
date of this ordinance, after which time said fences shall be
deemed to constitute a public nuisance and danger, to inhabitants
of said residential areas and shall be punishable as provided
under Section 2. M., of this Ordinance. tI
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Section 2 K. should be amended as suggested by Catherine
Headlee to add and include:
~ "Such permit shall be obtained upon an application provided
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by the Administrator and upon payment of an application fee of
$5.00."
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