A. As used in this chapter, fence, hedge or wall shall include a fence, hedge, wall, column, pier, post, latticework, screen or any similar structure or any combination of such structures.

B. No person shall erect or maintain within the city of Britton, Marshall County, South Dakota, a fence, hedge, or wall, unless it meets the following conditions:

1. Be a minimum of eighteen (18) inches from any public sidewalk or right-of-way;

2. Be a minimum of eighteen (18) inches from the property line unless a written agreement with the abutting landowner is obtained and filed with the city finance officer prior to the construction of any fence. The written agreement should contain the legal description of both properties and should be signed and notarized prior to filing with the city finance officer;

3. Be constructed and maintained at a height and in an area where such structure will not obstruct a clear vision of intersecting roadways or otherwise constitute a traffic hazard;

4. Be thirty-six (36) inches or less in height if such structure is solid or closed so as to prevent vision, and is located in a front yard. Open vision type structures, such as chain link fences shall be forty-eight (48) inches in height or less when placed in a front yard;

5. Be eight feet or less in height when located in a back yard or side yard (when a corner lot is involved);

6. Be constructed and maintained in good condition so as to serve the purpose for which such structure was originally constructed, so that it shall not be hazardous or dangerous to persons or animals, so that it shall not become unsightly to the neighborhood or otherwise constitute a nuisance;

7. Prior to the construction of any such fence, it will be required that whoever is constructing such fence obtain a building permit from the city.

C. Barbed wire or other sharp, pointed, or electrically charged fence is only permitted to contain livestock or to protect crops and other plantings and are only permitted if they do not endanger persons or animals.

D. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks or other like unsightly materials to build a fence, hedge or wall is prohibited.

E. Fencing around athletic facilities and public property shall be exempt from the requirements of this chapter. (Added by ordinance dated 7/11/05)