Chapter 15.20
FENCES
Sections:
15.20.010 Repealed 10/18/1999.
15.20.020 Repealed 10/18/1999.
15.20.030 Repealed 10/18/1999.
15.20.040 Authority of joint department of building commissioners.
15.20.090 Fencing, retaining walls, sheds and other structures in drainage easements.
15.20.010 Repealed 10/18/1999
15.20.020 Repealed 10/18/1999
15.20.030 Repealed 10/18/1999
15.20.040 Authority of joint department of building commissioners.
Fences of old or used material shall not be built unless the material shall be reasonably sound, in the judgment of the Evansville-Vanderburgh County Building Commissioner. Any fence deemed unsafe due to condition of materials or method of installation shall be removed or replaced upon order of the Evansville-Vanderburgh County Building Commissioner.
(Prior code § 150.063)(Amended 15.20.040 10/18/1999)(15.20.040, Amended, 10/18/1999)
15.20.050 Spikes.
No person being the owner, lessee, or agent of any building shall erect or maintain on or about the stairway to the entrance of the building or on or about its exterior building line, on partition fences, or on any portion of the sidewalk adjacent to the building any railing, fence guard, or other protection on which there shall be affixed or placed, or in any manner attached, any spike, nail, or other sharp pointed instrument of any kind or description.
(Prior code § 150.064)
15.20.060 Security fences.
No person shall construct or cause to be constructed or maintain a barbed wire, razor wire, or similar material fence, partially or wholly around any area in any street, alley, public highway, or right-of-way or in or along any street, or in front of any public space or place, or shall nail or cause any barbed wire, razor wire, or similar material to be nailed or fastened in any form, shape, or manner on partition fences.
However, fences at least six feet (6’) high may have barbed wire and fences at least eight feet (8’) high may have razor wire or similar material attached to arms or brackets extending inward over the private property of the person erecting any paying for the fence, but no barbed wire shall be placed at a point any nearer than six feet (6’) from the ground nor any razor wire or similar material shall be placed at a point any nearer than eight feet (8’) from the ground.
(15.20.060, Amended, 11/30/1998)
15.20.070 Retaining walls.
All fences constructed as retaining walls shall be designed as retaining walls. If the retaining wall is six (6) feet or more in height, it shall be designed by an Indiana licensed Engineer or Indiana registered Architect.
A. Stresses. The stresses used in the design shall not exceed those stated in this chapter for the kind of material used.
B. Timber. If built of timber, all main structural members shall be securely joined together with bolts of sufficient size and length to meet the design requirements.
C. Posts. The minimum size of posts used for the construction shall not have a cross-sectional area less than nine and one-fourth square inches. The posts shall extend into the ground below grade at least four feet or more as required for structural safety. All posts shall be preservative treated as required for structures in the Indiana Building Code.
D. Planks. The posts shall be covered on the inside fence face above grade with at least one and three-fourths inch planks placed together and securely spiked or bolted to the posts.
E. Masonry. If built of masonry, the foundations shall extend at least two feet below grade and shall meet all the structural requirements for foundation and bearing walls as provided in the Indiana Building Code.
(Prior code § 150.066)(Amended 10/18/1999)(10/18/1999, Amended, 10/26/1999)
15.20.080 Electric fences.
No person being the owner, lessee, or agent of any property located within Vanderburgh County, shall erect or maintain on his property any fence which is electrically charged or which is in any way designed to given an electrical shock to any person or object which comes in contact with the fence unless it is for the sole use of restraining farm animals and is completely contained within the perimeter of a non-electric fence. The perimeter fence shall be at least four (4) feet in height, contain openings no larger than four (4) inches in any direction and be marked with a readily visible sign stating that an electric fence is present. All electric components shall be UL or other approved testing agency listed and provide adequate protection for the safety of personnel.
(Prior code § 150.067)(Amended 10/18/1999)(15.20.080, Amended, 10/18/1999)
15.20.090 Fencing, retaining walls, sheds and other structures in drainage easements.
No person shall install, construct, or cause to be constructed any type of fencing or retaining walls in drainage easements or any combined public utility/drainage easement which is to be partially utilized for surface drainage or piped drainage without the prior written approval of the Vanderburgh County Drainage Board. Any unauthorized structures or items installed or constructed in a drainage easement or a combined public utility/drainage easement without the prior written approval of the Vanderburgh County Drainage Board will be ordered removed by the Evansville-Vanderburgh County Building Commissioner. Failure to comply with the Order of the Evansville-Vanderburgh County Building Commissioner will be considered a major code violation and subject the owner of such property to fines as set forth in Section 15.08.170 of the Vanderburgh County Code.
However, when a developer has a Letter of Credit, and no longer has title to a lot where another property owner has placed a fence, retaining wall, shed or other structure without permission from the Vanderburgh County Drainage Board, in a drainage easement or combined public utility/drainage easement, such encroachment shall not be the basis for the denial of release of a letter of credit upon a showing that said encroachment has been reported to the Building Commission.
(Ord. 05-19-006 § 1, amended 05/14/2019; Ord. CO.06-15-006 § 1, Added, 06/23/2015)