680ORDINANCE NO.680
AN ORDINANCE AMENDING SECTION 1. OF
ORDINANCE NO. 261, AS AMENDED BY
SECTION 1. OF ORDINANCE NO. 560 OF
THE CITY OF EDGEWATER, FLORIDA
RELATING TO FENCES AND HEDGES IN
THE CITY OF EDGEWATER, FLORIDA;
PROHIBITING THE USE OF BARBED WIRE
FENCE OR LIKE MATERIAL, AND SETTING
FORTH THE ALLOWABLE MAXIMUM HEIGHTS
FOR FENCES AND HEDGES, AND SETTING
FORTH AN EFFECTIVE DATE THEREFOR.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. That Section 1. of Ordinance No. 261 as
amended by Section 1. of Ordinance No. 560 of the Ordinances
of the Cityhof Edgewater, Florida be and the same is hereby
amended to read as follows:
SECTION 1. The erection or maintenance or use
of barbed wife fence or single strand wire fence within
the City of Edgewater, Florida is hereby prohibited; provided
that nothing herein shall prohibit the use of woven or
hurricane -type or chain -link wire fences, so long as said
wire fences do not have barbs and provided further that
said wire fences shall not exceed the height of five (5)
feet from ground level.
It shall not be unlawful to place, erect, or
maintain an open or closed fence of wood, concrete, glass,
plastic or any other material, as well as to plant, grow or
maintain any type of shrubbery, hedges or dwarf trees along
the rear or side lot line of any lot or parcel of land
provided said fence or shrubbery or hedge shall not exceed
the height of four (4) feet from ground level.
It shall not be unlawful to place, erect, or
maintain an open or closed fence of wood, concrete, glass,
plastic, or other material, as well as to plant, grow, or
maintain any type of shrubbery, hedge, or dwarf trees along
the front or side lot line of any parcel of land provided
said fence and/or shrubbery, hedge, or dwarf trees shall not
exceed the height of three (3) feet from ground level, along
i
h
the front lot line and for a distance to the rear thereof
along any side lot line equal to the set -back line for
that particular lot or parcel of land, and if there is ❑o
set -back line then for a distance of forty (40) feet to the
rear of any front lot line. For the purpose of definition,
a front lot line shall be construed as the portion of any
lot or parcel of land that faces onto a public street or
road.
Notwithstanding the above provisions, it shall be
unlawful to grow or place or maintain hedges or shrubbery
or trees or fences, or to allow overhanging limbs from trees
on any lot or parcel of land i❑ such a manner that the same
causes or tends to cause visibility problems at intersections.
The Chief of Police of the City of Edgewater, Florida is
vested with sole discretion to make a determination as to
whether any overhanging limbs, or hedges, or fences or trees
create a visibility problem at an intersection and he is
herebyauthorized to give the owner of said parcel or lot
five (5) days written notice directing said owner to abate
said visibility problem; and, upon the failure of said owner
to abate said visibility problem within the time allowed the
owner shall thereupon be considered in violation of this
Ordinance and subject to the penalties as provided herein.
SECTION 2. That any person, firm or corporation violating
SECTION 1. or any provisions thereof shall, upon conviction
thereof, be subject to the penalties provided in Section 1-8
of the Code of Ordinances of the City of Edgewater, Florida.
SECTION 3. That this Ordinance shall take effect
immediately upon its adoption by the City Council and
approval by the Mayor.
The above Ordianance was read in full and passed by
vote of the City Council of the City of Edgewater, Florida
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at a regular meeting of said Council held on the 15th
day of February A.D., 1971.
Upon motion duly made, seconded and carried, the
requirement of reading said Ordinance upon second reading
was waived and the Ordinance was ordered put upon final
passage
Passed by vote of the City Council of the City of
Edgewater, Florida at a regular meeting of said Council
held on the 15th day of February A.D., 1971, and approved
as provided by law; the vote of said Council being as
follows: I —
Ile-
ti
ity Clerk
Approved this 15th
day of February A.D.,
1971.
iY IC, S��
J,`�C Mayor ...
Counci man
This Ordinance was prepared by
Charles A. Hall, City Attorney.
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