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Home My WebLink About1268 - ADMIN Ordinance - City Council - 1974/07/154 9 9 ORIGINAL 1268 JULY 15, 1974 ORDINANCE NO. 8A AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF FENCES, DECLARING FENCES TO BE A NUISANCE UNDER CERTAIN CONDITIONS AND PROVIDING A PENALTY FOR PERSONS CONSTRUCTING OR PERMITTING SUCH FENCES THE CITY OF S. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code is hereby amended by adding the following: Section 4.576. Definitions. A fence is defined for the purposes of this ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard. Section 4.577. Compliance with Ordinance Code. All fences constructed within the City shall comply fully with all applicable ordinances. Section 4.578. Barbed Wire Fences. The use of barbed wire in any fence is prohibited where any part of portion of such barbed wire is less than six feet, six inches above the ground level. Section 4.579. Electrical Fences. No person shall construct, maintain, or allow to be constructed or maintained upon any property located within the limits of the City of St. Louis Park any fence which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which might come in contact with same. Section 4.580. Location of Fe-?ce. All fences shall be located entirely upon the private property of the person, firm or corporation constructing the same or causing the fence to be constructed. Section 4.581. Fences Prohibited on Public Property. No fence shall be constructed or permitted on any public property or right-of-way without express authorization from the public agency having jurisdiction over the property or right-of-way. Section 4.582. Survey. The owner of property upon which a fence is located shall establish lot lines upon said property, through the placing of permanent stakes located by a licensed surveyor, upon demand of an adjoining property owner, or by the City. • Section 4.583. Maintenance and Public Safety. Every fence shall be constructed in a substantial manner, and with material which is not at variance with the character of the applicable zoning district in such a way as to have a detrimental effect on neighboring properties. Every fence shall be reasonably suitable for the purpose for which the fence is proposed. Both sides of every fence shall be maintained in a condition of good repair, and shall not be allowed to become and remain in a state of disrepair so as to be or tend to be a nuisance. Any fence which is injurious to public safety, health or welfare by reason of its construction, such as sharp projections, protruding therefrom, or by reason of disrepair or otherwise, is hereby declared a public nuisance; and any such fence which has become or tends to be a nuisance shall be repaired or removed as necessary to abate the nuisance caused thereby. Section 4.584. Any person aggrieved by the violation of the provisions of this ordinance may initiate a private action against the person who owns the property upon which such fence is located for damages or for an order directing compliance with this ordinance. Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00, by imprisonment for not more than 90 days or both. Section 3. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council July 15 Att t: 15 , ge ty Clerk Reviewed for administration: City mariapt -2- Appr•ved as to form -•d legality: City torney J 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. State of Minnesota ss. County of Hennepin Bloomington, Minnesota J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed ace to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least each week (3) Said newspaper has 50% of its news columns devoted to news of local st to the community which it purports to serve and does not wholly duplicate any other ation and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto. (8) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1268 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OflA successive weeks; that it was first so published on Thurs the 18 day of ,'594 July 19 74 ,as thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used m the composition and publication of said notice, to -wit. abcdefghi jklmnopgrstuvwxyz abcdefghi jkimnopgrstuvwzvz Subscribed and sworn to before me this 22 day of (Notarial Seal) Muriel Quist, Notary Public, Hennepin County, Minn My Commission Expires July 28th, 1978 July (Official Publication) JULY 15, 1974 ORDINANCE NO 1288 A AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF FENCES, DECLARING FENCES TO BE A NUISANCE UNDER CERTAIN CONDITIONS AND PROIDING A PENALTY FOR PERSONS CON- STRUCTING OR PERMITTING SUCH FENCES THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Ordinance Code is hereby amended by adding the following Section 4 578 Definitions A fence is defined for the purposes of this ordinance as any partition, structure wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, ; i or within he required yard II Section 4 578 Barbed Wire Fences The I use of barbed wire in any fence is prohib-I led where any part or portion of such!, barbed wire is less than six feet, six inch- es above the ground level Section 4 579 Electrical Fences No person shall construct, maintain, or allow to be constructed or maintained upon any property located within the limits of the City of St Louis Park any fence which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which might come in contact with same 1 Section 4 580 Location of Fence All /fences shall be located entirely upon the ; private property of the person, firm or icorporation constructing the same or causing the fence to be constructed Section 4 581 Fences Prohibited on Public Property No fence shall be con-' slructed or permitted on any public prop- 1 erty or right-of-way without express au-; thonzation from the public agency having jurisdiction over the property or right-of- way Section 4 582 Survey The owner of property upon which a fence is located shall establish lot hoes upon said proper- ty, through the placing of permanent stakes located by a licensed surveyor, upon demand of an adjoining property owner, or by the City Section 4 583 Maintenance and Public Safety Every fence shall be constructed in a substantial manner, and with maten- al which is not at vanance with the char- acter bf lite appllcabhpxonigg district in ; fsuch`awayastoha sdktrlmen 4dtect ' on neighboringg p rhes Eve fence shall be reasg%ablyy-Ailfable for ;the p'ur- ''posgfor whtoh,the fp is ppised Both sides of eYeryi,( pyo maintained i in a conditi9nof_� g[r, and shall not' be allowed to became and remain in a state of disrepair so as to be or tend to be a nuisance Any fence which is injurious to public safety, health or welf/re by rea- son of its construction, such as sharp projections, protruding therefrom, or by reason of disrepair or otherwise, is here- by declared a pubhc nuisance and any such fence which has become or tends to be a nuisance shall be repaired or re- moved as necessary to abate the nuisance caused thereby Section 4 584 Any person aggrieved by the violation of the provisions of this ordi nance may initiate a private action against the person who owns the property upon which such fence as located for dam- ages or for an order directing compliance with this ordinance Section 2 Penalty Any person violat- ing the provisions of this ordinance shall viction thereofof a nisdemeanor and shall be punished by a n con- viction of not more than 830000, by imprison- ment for not more than 90 days or both Section 3 Effective Date This ordi= nance shall take effect 15 days atter its pubhcation Adopted by the City Council July 15 1974 (sl FRANK G FLEETHAM, Jr ' Attest Mayor 191 EARL E HANSON iCity Clerk Reviewed for administration ChnsCherches, City Manager I Approved as to (oral and legality (s) WayneG Popham (July 18, 19741—SL.Py Attorney Section 4 577 Compliance with Ordi- nance Code All fences constructed within the City shall comply fully with all apph- cable ordinances 1 1 4, 3 f File No. Affidavit of Publication ST.LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of 1