HomeMy WebLinkAboutORD318ORDINANCE NO.318
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 10 OFFENSES,
SECTION 10-1-8 FENCES;BARBED WIRE,AND ELECTRIC;REPEALING ANY CONFLICTING
PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
That Chapter 10 Offenses,Section 10-1-8 Fences;Barbed Wire,and Electric,
be amended to read as follows:
"Section 10-1-8 Fences;Dangerous,Barbed Wire,and Electric
A.I t is unlawful for any person to erect or maintain within the
City any fence which is,or may be,dangerous to persons,
children,or animals due to design,construction,materials,
maintenance,or placement.
B.Fences with strands of barbed wire shall not be constructed
or allowed to remain i f heretofore constructed;except as
follows:
1.Barbed wire fencing less than six feet (6')above the
ground shall be permitted only in those zoning districts
which permit the keeping of livestock and shall be
erected and maintained only for the keeping of livestock.
2.Barbed wire fencing less than six feet (6')above the
ground shall not be erected or maintained within ten
feet (10')of any public roadway,easement,or reservation
for roadway purposes,or sidewalk.
3.Barbed wire fencing less than six feet (6')above the
ground shall be secured to posts or stays not more than
eight feet (8')from each other.
4.Fences containing strands of barbed wire,razor wire,
or concertina wire over six feet (6')above the ground
shall be permitted only in industrial and commercial
zoning districts,and strands of barbed wire,razor
wire,or concertina wire shall be permitted only when
over six feet (6')above the ground and erected at
the top of any fence.I f the fence is inclined,i t
shall project over private property.
C.Electrically charged fence shall not be erected or allowed
to remain i f heretofore erected in the City;except as follows:
1.Electrically charged fence shall be permitted only in
zoning districts which permit the keeping of livestock
and shall be erected and maintained only for the keeping
of livestock.
2.No electrically charged fence other than one which is
Underwriter's Laboratory approved,pulsating charger,and
unmodified shall be permitted.
3.All electrically charged fences shall be completely
enclosed within another fence.Electrically charged
fences in existence at the time of adoption of this
Ordinance shall be required to be completely enclosed
within another fence within six (6)months of adoption
of this Ordinance."
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance or any part of the code adopted herein by reference,
are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section,sub -section,sentence,phrase,clause,or portion of this
Ordinance or any part of the code adopted herein by reference is for
any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction,such decision shall not affect the
validity of the remaining portions thereof.
SECTION IV EMERGENCY CLAUSE
I t is necessary for the preservation of the peace,health,and safety of
the City of Apache Junction,Arizona,that this Ordinance become effective
immediately,an emergency is declared to exist,and this Ordinance shall
be effective immediately upon passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 4th DAY OF September ,l9R4 •
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
avm r.Alexanae
City Attorney
ORDINANCE NO.318
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