Richmond Municipal Code Ch. 11.88 Prohibited Fences

As used in this chapter the following words shall have the following respective meanings:

(a) "Barbed Wire" shall mean twisted wires armed with barbs, sharp points, spikes, or razor edges. The phrase "barbed wire" includes barbed wire, concertina wire and other coiled or twisted, spiked or pointed wire.

(b) "Electrified Fence" means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal control, and including, but not limited to, a fence consisting of a single strand of wire supported by posts or other fixtures, which has an electrical charge or is connected to a source of electrical current and which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock.

(c) "Person" shall mean any corporation, association, syndication, joint stock company, partnership, club, society or individual.

(d) "Residential districts" shall mean those City of Richmond zoning districts classified as being R-2 (Single-Family Residential), R-MD (Residential Medium Density), R-2 (Multiple-Family Residential) and R-3 (High Rise Residential).

(e) "Residentially developed lot" shall mean any parcel of land in the City of Richmond upon which a dwelling unit has been constructed.

(a) It shall be unlawful for any person to construct or maintain a barbed wire fence or to use barbed wire fencing material:

(1) In any residential district or residentially developed lot in the City of Richmond, or

(2) Along the line of any public street or highway in the City of Richmond.

(b) Exception. A property owner or a tenant of a property, with written permission of a property owner, may apply for and be granted an emergency security variance from this section after receiving approval from the City Council. The approval process shall be commenced by the applicant filing a variance application with the City Clerk which includes all of the following documentation:

(1) Copies of police reports of at least three burglaries of the property within the past one-year period that resulted in damage or property theft of at least $1,500.00 in aggregate value;

(2) A report from a professional security consultant concluding that all other means of security, including but not limited to, monitored electronic intrusion alarms (interior and exterior), security personnel, guard animals, electronic surveillance, fencing not in violation of this section, lighting, locks, and bars would be neither effective nor economically feasible in reducing the level of burglary;

(3) The security report shall describe in detail how the analysis was made and on what the conclusions were based. The qualifications and experience of the security consultant shall be provided in detail;

(4) An indemnification agreement which has been executed by both the applicant and the property owner in which both the applicant and the property owner agree to hold the City harmless and indemnify the City from any claims or litigation resulting from any injury associated with the construction of the barbed wire fence or from any diminution of property values of adjacent or neighboring properties resulting from the aesthetic appearance of the barbed wire fence;

(5) A detailed plan which would indicate the height and location of the proposed barbed wire fence, a description of the materials that are to be used in constructing the barbed wire fence, and a description of the type of barbed wire that will be utilized.

(c) Any emergency security variance granted by the City Council pursuant to subsection (b) of this section shall be based upon the City Council finding that:

(1) The applicant has demonstrated to the satisfaction of the City Council that the subject property has experienced a problem with security at its facilities;

(2) Alternative security measures would not be effective or economically feasible; and

(3) Construction of a barbed wire fence on the property is an appropriate temporary measure to secure the subject property.

(d) In granting the emergency security variance, the City Council may impose conditions on the height, location, and materials used in the construc-tion of the barbed wire fence. Additionally, the City Council may also specify the type of barbed wire fencing that may be utilized and the term for which the variance is granted.

(e) Any emergency security variance granted by the City Council pursuant to this section shall be valid for a period not to exceed three years. At the expiration of the variance term, any barbed wire fencing constructed pursuant to the variance must be removed within 30 days.

(f) Prior to the expiration of the variance, the applicant or property owner, may seek a renewal of the variance by submitting an emergency variance renewal application which contains updated, current information as required by subsection (b) of this section. The approval of the renewal application shall be pursuant to the procedure set forth in subsections (b) through (e) of this section.

(Amended by Ordinance Nos. 41-89 N.S. and 30-97 N.S.)

No person shall construct or maintain any electrified fence within the City of Richmond.

Any person who violates any part of this chapter shall be guilty of an infraction.

(Amended by Ordinance No. 41-89 N.S.)

(Source: Ordinance No. 49-84 N. S.)