Chapter 12.12


12.12.010    Fences and gates required when.

12.12.020    Exemptions – Permit required.

12.12.030    Exemptions – Natural drainage channels.

12.12.040    Permit does not affect any violation.

12.12.010 Fences and gates required when.

Except as provided in the following section, every person in possession of land within the City, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a reservoir, pit, excavation or similar open area (except a temporary excavation during the process of construction) shall at all times maintain on the lot or premises upon which such reservoir, pit, excavation or similar open area is located, and completely surrounding such reservoir, pit, excavation or similar open area, lot or premises, a chain-link fence or cement concrete-block wall, or other solid structure, not less than six feet in height, and with three strands of barbed wire across the top of such fence or wall, and with no opening therein (other than doors or gates) larger than six inches square. All gates or doors opening through such enclosure shall be kept securely closed at all times when not in actual use, and shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. (Ord. 2065 § 1(A), 2018; 1960 code § 14.2.1)

12.12.020 Exemptions – Permit required.

Upon written application therefor, and upon good cause shown, and upon the filing with the city clerk of the written opinion of the city engineer that no hazard exists or will be caused to exist by the omission of fencing required by the preceding section, the City Council may exempt the owner, purchaser under contract, lessee, tenant or licensee of any reservoir, pit, excavation or other open area from the fencing requirements of such section. (Ord. 2065 § 1(A), 2018; 1960 code § 14.2.2)

12.12.030 Exemptions – Natural drainage channels.

The fencing requirements of LMC 12.12.010 and 12.12.020 shall not be applicable to natural drainage channels, excepting, however, that the City Council may require adequate fencing of all such natural drainage channels when the same are located adjacent to or near any residential development or residentially developed area within the City. (Ord. 2065 § 1(A), 2018; 1960 code § 14.2.3)

12.12.040 Permit does not affect any violation.

The issuance or granting of a permit, or the approval of plans shall not be deemed or construed to be a permit or license for, or approval of, any violation of any of the provisions of LMC 12.12.010 and 12.12.020. No permit or license presuming to give authority to violate or cancel the provisions of such sections shall be valid except insofar as the work or use which is authorized is lawful. (1960 code § 14.2.4)