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Ordinance No. 1423, Amending the Fridley City Code Chapter 213, Fences, to Allow Electric Security Fences on Certain Industrial Properties Ordinance No. 1423 Amending the Fridley City Code Chapter 213, Fences, to Allow Electric Security Fences on Certain Industrial Properties The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Fridley City Code Chapter 213. Fences 213.01. Definitions Barbed Wire Security Fence: a barrier system comprised of twisted strands of wire armed with barbs or sharp points arranged at intervals along the strands. Electric Security Fence: a barrier system comprised of wire and designed to deter unauthorized entry through the use of non-lethal electrical pulses. It consists of one or more insulated wires strung along a fence line or other supporting structure and connected to a commercially-available energizer, installed to manufacturer specifications, which delivers electrical pulses. Fence: – As used herein the term "fence" means and includes a structure, partition or wall erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. The term "fence" includes an enclosure made of a permanent material, such as wood or iron. Vision Safety Zone: – the triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, measuring forty (40) feet along each curb line and a straight line between the two (2) points, as illustrated in Exhibit 1. Exhibit 1: Vision Safety Zone 213.02 Location Fences shall may only be located entirely on the private property of the owner constructing the fence. It is the responsibility of the property owner installing the fence to determine the location of the property line. Fences on corner lots shall may not encroach into the Vision Safety Zone. Fences placed within a drainage or utility easement shall may not impede the flow of runoff or interfere with planned or installed utilities. The City or any utility company having authority to use such easement shall will not be liable for any damages, or to repair or replace such a fence, in the event it is moved, damaged, or destroyed in the maintenance of the easement or the installation, maintenance, or repair of utilities thereto. 213.03 Fence Height No fence shall may exceed a height of thirty (30) inches within ten (10) feet of a driveway for a distance of ten (10) feet in each direction from the intersection of the property line, as illustrated in Exhibit 2. Exhibit 2: Fence Height 1. Residential districts. Fences located in the front yard of the principal structure shall may not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall may not exceed seven (7) feet in height. 2. Commercial districts. Fences located in the front of the principal structure yard shall may not exceed four (4) feet in height. Fences located in the side and rear yard lot line shall may not exceed eight (8) feet in height unless otherwise authorized by this Chapter. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the C-2 and C-3 districts, under the following conditions: a. Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b. Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c. With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. 3. Industrial districts. Fences located in the front yard of the principal structure shall may not exceed four (4) feet in height. Fences in the side and rear yard shall may not exceed eight (8) feet in height unless otherwise authorized by this Chapter. (a) Additional height is allowed for Security Fencing comprised of an Electric Security Fence or a Barbed Wire Security Fence. (1) Locations. Security fencing is allowed in the side and rear yard of those properties that have approved outdoor storage uses, and in all yards of public utility and defense contractor facilities, subject to the following conditions: (2) Barbed wire security fence. In addition to an eight foot fence, up to three strands of barbed wire, not to exceed 18 inches in height, may be affixed to the top of the eight foot fence and mounted on standard barbed wire arms designed specifically for that purpose. (3) Electric security fence. In addition to an eight-foot-tall fence, commercially- available electric security fencing which meets the standards established in American Society for Testing and Materials (ASTM) “Standard Practice for Commercial Application of Electric Security Fences” and is installed and maintained to manufacturer specifications may extend up to 24 inches above the eight-foot high fence. ((a)) Electric security fencing may be placed on industrial zoned properties that abut a railroad and have approved outdoor storage uses; or ((b)) Contain public utility or defense contractor facilities. ((c)) Electric security fencing must be placed inside a solid-surface or otherwise impenetrable, eight-foot tall, non-electric fence capable of preventing ground- level persons, animals, or objects from contacting it from outside the fence. ((d)) The electric security fence must at all times be marked with clearly legible electric fence warning signage. Signage must be placed at least every 30 linear feet and on every gate. ((e)) The area three feet from the electric security fence in any direction must be kept free of vegetation which may contact the electric security fence. (b) With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire or electric security fence to include temporary barriers made of barbed wire and barbed wire used to on top of temporary security fences. In addition to an eight (8) foot fence, up to three (3) strands of barbed wire, which are not to exceed eighteen (18) inches in height, may be affixed to the top of the eight (8) foot fence and mounted on standard barbed wire arms designed specifically for that purpose. These barbed wire arms may be used in the M-1, M-2, M-3, M-4, and S-3 districts, under the following conditions: a. Barbed wire may be used on all sides of public utility and defense contractor facilities for protection. b. Barbed wire may be used in the side and rear yard of those properties that have approved special use permits for outdoor storage areas or outdoor sales lots. c. With City approval, during times of national emergency, properties may be authorized additional usage of barbed wire to include temporary barriers made of barbed wire and barbed wire used to top temporary security fences. 213.04 Construction and Maintenance Every fence shall must be constructed in a substantial and workmanship-like manner and of a substantial material. Every fence shall must be maintained in a condition of reasonable repair and shall may not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any fence which is dangerous by reason of its state of disrepair or construction or is otherwise injurious to public safety, health or welfare is a nuisance. Any such fence that has become a nuisance shall must be repaired or removed. Any violation of this section Section shall is be subject to the abatement process as set forth in Chapter 128.Abatement of Exterior Public Nuisances Chapter of the Code. 213.05 Permitting Building permits are required for fences over 7 ft.seven feet in height. 213.06 Prohibition The following fences are prohibited within the City. 1. Any fence of metal construction or otherwise, which is charged with or connected with to an electrical current in such a manner as able to be transmitted said current to persons, animals or objects which might come in contact with sameit, unless otherwise authorized by this Chapter. 2. Any fence constructed within or upon any public right-of-way. 3. Any fence constructed within, upon or through a drainage areas, ponds, or wetlands. 4. Any fence that encloses, hinders, or restricts access to above ground utility boxes, fire hydrants or other above ground utility structures or components. 5. Any fence located within a Vision Safety Zone. Passed and adopted by the City Council of the City of Fridley on this 28th day of May, 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: May 13, 2024 First Reading: May 13, 2024 Second Reading: May 28, 2024 Publication: May 31, 2024