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HomeMy WebLinkAbout6461 ORDINANCE NO. 6 4 6 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTQN, AMENDING SECTION 8.12.060 AND 18.31.020 OF THE AUBURN CITY CODE RELATING TO ELECTRIC FENCES WHEREAS, under current City codes, electric fences are notprovided for, and WHEREAS, there are standards by which electric fences could be incorporated into urban settings that do not present incompatibility with uses therein, so long as the fences are installed and used in compliance with those standards; and WHEREAS, where applicable, and in the zones identified herein, electric fences may be permitted in accordance with the same standards as apply to burglar alarms, so long as those fences are in conformity with the standards of the Intemational Electrotechnical Commission QEC). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Section 8.12.060 of the Auburn City Code be and the same hereby is amended to read as follows: 8:12.060 Structures and buildings as nuisances. A. It is a public nuisance to have a fence or similar structure with any barbed wire, razor wire or similar wire located within fve feet of any public sidewalk unless the barbed wire, razor wire or similar wire is located at a height greater 4han eight feet above the ground. It_is provided, however, thaf any fence legally constructed and installed before April 12, 2003,shall be exemptfrom the provisions hereof, so long as any barbed wire, razor wire or similar wire on or Ordinance No. 6461 April 17, 2013 Page 1 of 6 affixed to the fence is located at a height of not less than six feet, and so long as no barbed wire, razor wire or similar wire on the fence projects beyond or intrudes past the boundary of the property on which the fence or similar structure is located. � � B. It is.a public nuisance for any vacant, unused, or unoccupied building or structure within the city to have any broken, missing, or open doors, windows, or other openings, allows access by unauthorized persons or the general public. C. A building or structure, whether occupietl or not, will also be considered a public nuisance if it has exterior elements that are defective, decayed or will in any way contribute to the significant degradation of the building, and; if those exterior elements are not repaired or otherwise abated, the building, within a relatively short period of time, will become unsafe or make the building or structure uninhabitable. (Ord. 5747 § 1, 2003; 1957 code § 7.04.320.) Section 2. Amendment to Citv Code. That Section 18.31.020 of the Aubum City Code be and the same hereby is amended to read as follows: 18.31.020 Fences. A. Height Regulations. The minimum or maximum height requirements as stipulated throughout this chapter shall be considered to be met if the height of the fence is within six percent ofithe height required. The height of the fence shall be deteRnined from the existing, established grade on the property. 1. The following regulations shall apply in the R-1, R-5, R-7, R-10, R- 16, R-20, R-MHC, RO, RO-H, I, GN, C-1, G2, and DUCzones: a. Fences may be constructed to a height noYto exceed the following in each of the required setback are8s, as regulated per each zone, oras modified by subsection B of this section: i. Front setback: 42 inches;provided, that fences constructed of chain link, wrought iron or similar materials that provide visibility may be 72 inches in height; ii. Side setback: 72 inches; iii. Rear setback: 72 inches; iv. Street side setback: 72 inches. Ordinance No. 6461 April 17, 2013 Page 2 of 6 2. Fences and walls built within the building area of a lot may be as high as the maximum building height allowed within the applicable zone. Building permits are required for fences exceeding six feet in height. B. Special Height Restrictions. L There shall not be anyth'ing constructed or reconstructed, and no obstruc4ion permitted, within the sight distance triangle area as required by city of Aubum engineering design standards. 2. In general, no fence, hedge, structure or other obstruction shall act. as a sight hazard to traffic, and the city engineer may order the removal of such hazard whether or not such objed otherwise complies with the provisions ofthis title. C. Screened Fence. 1. A screened fence shall consist, ata minimum, of a chain link fence intervvoven with slats placed in every row or available space in the fence. 2. A 100 percent sight-obscuring fence shall be constructed of solid wood, metal, concrete or other appropriate material which totally conceals the subject use from adjoining uses. D. Fences and Associated Landscaping.. 1. When landscaping is required along the property line, the fence shall be set back a minimum of five feet if the fence abuts a street righY-of-way, so as to not obscure such landscaping. 2. At other property lines, the landscaping shall be located to serve the greatest public 6enefit. E. Obstructions —Generally Prohibited. 1. In no case shall any fence and/or hedge be constructed or grown such that it deters or hinders the fire authority from gaining access to any fire authority connection, fire protection control valve, fire hydrant, or fre authority appliance or device. Minimum clearance requirements for fire hydrants shall be in accordance with the city design and construction standards. 2. In no case shall any fence and/or hedge obstruct the visibility of any fire hydrant from a distance of 150 feet, in any direction, of vehicular approach to the hydrant. 3. In no case shall any fence and/or hedge be constructed or grown in a manner which interferes with access to storm or sanitary sewer manholes and other appurtenances which require access for maintenance purposes. F. Other than in the P-1, M-1 or M-2 zones, no fence may include the use of barbed wire; provided, that pasture areas a minimum of one acre in area may be fenced with barbed wire in any zone. Barbed wire may be attached to the top of and in addition to the height of a 72-inch fence in the above zones, provided it does not extend more than one additional foot in height. G. Other than in tFfe RC. R-1. C-3. M-1. M-2. BP. LF. or I zones. electricallv charaed fences are not aermitted. Electricallv charaed fences within the RC, R-1, C-3. M-1, M-2, BP, LF, or I zones shall adhere to the followina Orclinance No. 6461 April 17, 2013 Page 3 of 6 standards. These standards shall not apalv to underaround pet fences. invisible fences and wireless oet collar fences that are used to contain household pets. 1. Within the RC and R-1 zones the electrical charpe of an electric fence must be noncontinuous and the electric fence controller shall be a�nroved 6v the Underwriter La6oratories (U.LJ or meet the testina standards of the Underwriter Laboratories. It is further orovided that electric fences in the RC and R='I zones that abut anv aublic street or riaht-of-wav shall include siuns of not less than 30 sauare inches in size oosted at least everv 50 feet on the fence,. sta6nQ that the fence is charaed witii electriciN. 2. Within the C-3. M-1, M-2. BP. LF, or I zones the construction and. use of electric fences shall be allowed in the Citv onlv as provided in this section and subiect to the followina: a. Electrification: i. The enerav source (energizerl for electric fences must be orovided bv a.storaqe batterv not to exceed 12 volts DC. The storaae batterv is charaed primarilv Liv a solar panel. However, the solar aanel mav be auamented bv a trickle charaer. ii. The electric charoe oroduced bv the fence upon contact shall not exceed enerqizer characteristics set forth in pa�aq�anh 22:108 and deoioted in Fiaure 102 of International Electrotechnical Commission (IEC1 Standard No. 60335-2-76. b. Permit fence or wall: No electric fence shall be installed or used unless it is comoletelv surrounded bv a non-electrical fence or wall that is not less than six feet. c. Location: Electric fences shall be oermitted on anv non-residential outdoor storaqe areas. d. Heiqht: Electric fences shall not exceed 10 feet in heiaht. e. Wamina Sians: Electric fences shall be clearlv identified with waminq siqns that read "Wamina - Electric Fence" at intervals less than sixtv feet. Siqns shall also contain imaaery or symbols that allows non-Enqlisli speakina individuals to understand that the fence is electricallv charaed. e.a. liqhtning bolts. ' f. The aermittinq orocess for electric fences shall be aovemed and reaulated in accordance with the reaulations forbumlar alarms under City Code. H. Any fence located within a front setback that features a looking gate or similar security device shall provide emergency access in a manner acceptable to the fire marshal. (Ord. 6245§ 15, 2009J Ordinance No. 6461 April 17, 2013 Page 4 of 6 Section 3. ,Imalementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severabilitv. The proVisions of this ordinance are declared to be separate and severable. The irivalidity of any clause, sentence, paragraph, subdivision, section or portion of 4his ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days ftom and after its passage, approval and publication as provided by law. INTRODUCED: MAY g 2013 PASSE�: MAY 6 2013 APPROVED: MAY 6 2013 � CITY OF AUBURN ,ET . L IS, MAYOR ATTEST: " �� �9,,� Darnelle E. Daskam, City Clerk Ordinance No. 6461 April 17, 2013 Page 5 of 6 APPROVED AS TO FORM: D el . eid, ity Attomey Pu6lished: �(� 9i �/3�� T�- `S`��' ��� Ordinance No. 6461 April 17, 2013 Page 6 of 6