Marin County Municipal Code Ch. 19.16 Flood Control Facility Fencing

Footnotes:

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Editor's note— Ord. No. 3658, § II(exh. A), adopted Nov. 15, 2016, amended Ch. 19.16 in its entirety to read as herein set out. Former Ch. 19.16, §§ 19.16.010—19.16.030, pertained to similar subject matter, and derived from Ord. No. 3607, § II(exh. A), adopted Nov. 12, 2013; and, previously, Ord. No. 3549, § II(exh. A), adopted Nov. 30, 2010. For full derivative history see disposition tables.

All real property occupied by residences, any boundary of which is located within fifty feet of the banks of any unenclosed manmade flood control drainage facility having a width greater than one hundred feet and a side bank slope of four-to-one or steeper, shall be completely fenced and enclosed along the side or sides of the property which abut upon the flood control facilities.

No person in possession of the property, either as owner, purchaser, lessee, tenant or a licensee, shall fail to provide and maintain such fence as herein required.

(Ord. No. 3658, § II(exh. A), 2016)

Fences required to be constructed hereunder shall be not less than six feet in height and shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. All doors or gates opening through such enclosure shall be equipped with self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use.

(Ord. No. 3658, § II(exh. A), 2016)

The specifications set forth in Section 19.16.020 shall not apply if the board of supervisors finds at a hearing set for that purpose that the flood control facility has significant recreational possibilities to aesthetic qualities which would be hampered by fencing, as set forth in Section 19.16.020, and if the reduction or elimination of fencing requirements does not create a dangerous condition involving a substantial and unreasonable risk of death or serious bodily harm to persons using the property or adjacent property with due care in a manner in which it is reasonably foreseeable that it would be used. If such findings are made, the board of supervisors shall establish alternative fencing requirements for such facility. Property owners affected by such hearing shall be given at least ten days' written notice of the time and place of such hearing.

(Ord. No. 3658, § II(exh. A), 2016)

Any person, other than a minor, who violates any of the provisions of this chapter is guilty of a misdemeanor which violation is punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. No. 3658, § II(exh. A), 2016)