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Sec. 3.1101 Definitions

For the purpose of this article a fence is defined as any wall or structure more than twelve (12) inches in height constructed for the purpose of enclosing, screening, restricting access to, or decorating any lot, building or structure.

Sec. 3.1102 Permit Required

It shall be unlawful for any person, group of persons, or corporation to construct, or have constructed, any type of fence, or any part of a fence, without first having secured a permit from the office of the inspector.

(Ordinance 845 adopted 5/8/84)

Sec. 3.1103 Information Required

Any person, group of persons, or corporation must supply the following information when applying for a permit to erect a fence:

(1) Applicant’s name and address; and if the person represents a company or corporation, the name and address of the foreman of the company or corporation together with the name of the president of same shall be supplied.

(2) Name of owner of the property.

(3) Local address where fence is to be erected.

(4) Type of fence.

(5) Height of fence.

(6) A plat plan drawing indicating the fence line.

(7) Approximate value.

(Ordinance 0909 adopted 6/9/09)

Sec. 3.1104 Fee Required

The minimum cost of the permit fee shall be as provided for in the fee schedule found in the appendix of this code. However, should the fee be greater according to the building code, this fee shall be assessed.

Sec. 3.1105 Height Requirements - Residential

(a)  It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any side yard or rear yard.

(b)  It shall be unlawful to erect a fence any height in any front yard.

(c)  On all corner lots where the rear lot line is adjacent to a side lot line or across an alley from such side lot line, no fence exceeding three (3) feet in height shall be constructed outside the designated building line along the side or rear yard which is next to the street.

(Ordinance 845 adopted 5/8/84)

Sec. 3.1106 Types of Fence and Construction

(a) Appropriate fencing materials shall include metal, chain link, wood, masonry, or other approved material unless a specific regulation herein requires that a fence be constructed of a specific material. Barbed wire, chicken wire, hog wire, horse wire, and cattle panels are prohibited for residential fence construction. Any residential fence that does not meet the given specifications shall be in violation of this article.

(b) It shall be unlawful for any fence to be erected in an area zoned for residential use that is electrically charged in any form or manner except for properties with agricultural tax bases assigned by the Ellis Central Appraisal District. Properties with this designation may use UL approved livestock type electrified fences and are responsible for establishing safety measures on such fences and maintaining same. An electric fence greater than twenty-four volts shall be clearly marked at fifty foot intervals with a warning sign which shall state that the fence is electric. All liability for such fences lies with the property owner.

(c) (1) All posts shall be steel and must be set three (3) feet into the ground in concrete.

(2) Posts must be installed facing the inside of the property. Finished side of the fence shall face out.

(d) In order to allow for the entrance and exit of fire department and police department personnel there must be at least one (1) gate no less than three-feet wide on each fence that is adjacent or parallel to a public alley or utility easement. This does not pertain to those easements, which the city has allowed to be completely fenced in.

(e) In all residential developments with rear or side entry access to a garage or carport, a visibility clip measured ten (10) feet from the corner of the driveway and alley, or street, in both directions shall be provided on both sides of the drive.

(f) No fence shall ever be constructed on a corner lot that does not afford proper visual clearance for traffic approaching the intersection in either direction, 25″ triangle.

(Ordinance 0909 adopted 6/9/09)

Sec. 3.1107 Swimming Pool Regulations

(a)  Every outdoor swimming pool must be enclosed by a wall or fence not less than four (4) feet in height. It shall be constructed in such a manner so that there are no gaps or openings, other than gates or doors, larger than four (4) inches measured in any direction, except that if a picket fence is used, the measurement shall be made in a horizontal direction, a dwelling or building may be used as part of the fence or enclosure.

(b)  All gates and/or doors permitting entrance and exit to the pool area shall be equipped with a self-closing and self-latching device for keeping the gate and/or door closed at all times when not in actual use in order to prevent the inadvertent wandering into the pool.

(c)  The requirements of this section are to be adhered to and enforced for all swimming pools containing a depth of at least twelve (12) inches of water at any point.

Sec. 3.1108 Public Property Rights

No fence, guy wires, braces or brackets of such fence shall be allowed to be constructed upon, or extend over any property belonging to the City of Oak Leaf, or that the general public has control and dominion of, or any property which has an easement on, above, under or through same, except that property which allows such intrusions.

(Ordinance 845 of  5/8/84)

Sec. 3.1109 Reserved for Future Use*

Sec. 3.1110 Inspections

Upon completion of the installation of the enclosure, the building inspector shall be called for the purpose of making a final inspection. A string line measured from the metal property stakes must be in place until after final inspection. A certificate of acceptance will be issued for compliance with the article or a refection slip will be issued for defects in construction materials or procedure. Once a certificate of acceptance is received, the fence shall be maintained so as to comply with the requirements of this article at all times. Any appeal from a decision of the building inspector under the terms of this article shall be made to the planning commission and city council. (Ordinance 0909 adopted 6/9/09)

Sec. 3.1111 Maintenance

(a)  Any person, group of persons of corporation, owning or having control of any fence within the city shall be responsible to maintain the fence in a safe and presentable condition. This shall include replacement of broken of defective boards, posts, wire or other fence parts that may cause the fence to be unsafe or unsightly.

(b)  No permit will be required for normal fence maintenance; however, if the fence has deteriorated beyond fifty percent (50%) of the fence value and is not in compliance with the provisions of this article, then the terms of this article shall prevail.

(Ordinance 845 of 5/8/84)