§ 138-10. Dangerous or hazardous conditions near the right-of-way.

(a)

Fences.

(1)

Prohibited. It shall be unlawful for any person to erect or maintain any barbed wire fence, electric fence or any other character of fence or object that would endanger the persons or clothing of passersby along the sidewalks on the portion of any lot adjacent to a public right-of-way in the city, unless the fence is amply protected by a barrier approved by the commissioner of public works or unless the fence is placed not less than three feet from the inside edge of the sidewalks of the street, the location being totally on abutting private property.

(2)

Enforcement. The police chief shall, upon request of any citizen or upon the request of the commissioner of public works, give notice to the owner of the property where the fence may be that the fence violates this section, and, unless removed within three days after notice, the owner shall be cited to appear before the judge of the municipal court for a hearing on the charge of violation of this section. Upon finding that this section has been violated, the owner may be required by the court to remove the barbed wire within a time prescribed by the court or the commissioner of public works shall be authorized to remove the barbed wire and the cost of removal shall be a lien against the property.

(Code 1977, § 9-3004; Ord. No. 2001-22, § 1, 3-14-01)