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.
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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
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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
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April 17, 2013
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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
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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: "
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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
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