Both the police department and the building inspector shall have concurrent jurisdiction to enforce the provisions of this article.

(Ord. of 12-15-59, Art. IV, § IV (3(d)); Ord. of 1-18-72)

A building permit shall be required before any fence may be erected or replaced. Applications shall be made to the proper village authority and must contain a physical description of the design and the material, and a sketch of the location of the proposed fence upon the property.

(Ord. of 12-15-59, Art. IV, § IV(3(b)); Ord. of 1-18-72)

If, in the determination of either the police department or the building inspector, a violation has occurred, the police department or the building inspector shall notify the owner, in writing, and he shall be required to correct the violation within ten (10) working days, or be subject to the penalties provided for the violations of any provision of this chapter.

(Ord. of 12-15-59, Art. IV, § IV (3(d)); Ord. of 1-18-72)

(a)

No fence shall be erected in use districts between the main body of the house and the street line except as follows:

(1)

A fence intended for decorative purposes may be erected along or next to shrubbery, flowers or other flora and/or landscaping located in a front yard, along, next to or in connection with an entrance to a building, or along or next to a driveway or corner of a front yard at the juncture of a driveway and sidewalk, but in no event shall such fence extend beyond twelve (12) feet in length; provided, however, that a decorative fence may be erected on a corner lot between the front building line and the front corner lot line. Any fence erected in accordance with this paragraph shall be at least one foot from the inside line of the sidewalk.

(2)

Any such fence shall be in harmony with the aesthetic and character of the village in general and with the neighborhood in which such fence is erected in particular.

(3)

Any such fence shall be erected wholly within the lot line of the property on which the fence is to be erected and at least one foot within the inside line of the sidewalk.

(4)

In no event shall any such fence totally enclose a front yard, exceed three (3) feet in height, be made of an opaque material, or be erected between the inside line of the sidewalk and the curb line of the street.

(b)

No fence shall be erected in use districts, which shall exceed six (6) feet in height, except as is hereinafter provided for in subsection (c) hereof.

(c)

In the event that property abuts upon property owned by Kenmore-Tonawanda Union Free School District No. 1, upon which the school district has erected a fence in excess of six (6) feet in height, then the owner of said property may erect a fence on the same boundary line, equal in height to the adjacent fence maintained by said school district.

(d)

Where a dwelling exists on a corner lot, a fence may be erected alongside lot line, in accord with the provisions of this section, under the following conditions:

(1)

The fence shall be erected within the subject property line and at least one foot within the inside line of the sidewalk.

(2)

The fence may extend from the main body of the house or the front building line to the rear property line.

(e)

Where the exterior wall of a dwelling unit in a residential use district no. 1 or no. 2 is lawfully constructed or existing parallel or approximately parallel to the side or rear lot line of such lot and within three (3) feet thereof, it shall be unlawful to construct a fence on an adjacent property parallel or approximately parallel to such dwelling unit wall and within three (3) feet thereof. This subsection shall not apply to a fence constructed after the issuance of a lawful building permit and in conformity with the provisions thereof prior to June 1, 1977.

(f)

In the event of a re-subdivision, combining abutting parcels and/or creating a new lot, which includes a new lot rear yard consisting of portions of the front yard(s) of the former parcel(s), any fences located in the portion of the new lot rear yard that were front yard(s) of the former parcel(s) shall be limited to three (3) feet in height.

(g)

In no event shall a fence be put up to the street.

(Ord. of 12-15-59, Art. IV, § IV (1)(a)—(d), (i); Ord. of 1-18-72; L.L. No. 2-1977, § 1, 7-25-77; L.L. No. 6-1980, 6-5-80; L.L. No. 9-2018, § 1, 12-4-18)

No fences shall be erected in a business use district, between the front building line and the street line, or on corner lots between the side building line and the side street line, except in those business properties used as gasoline service stations.

(Ord. of 12-15-59, Art. IV, § IV (1(b)); Ord. of 1-18-72)

Where the rear or side of property zoned as industrial, commercial, business, off-street parking or residential use 3 abuts upon residential use 1, 2 or 3 property, the owner of the property zoned as industrial, commercial, business, off-street parking or residential use 3 shall erect and maintain a fence, six (6) feet in height above ground level of an opaque material, for the purpose of shielding the view of the business, industrial, mercantile, or apartment activity, including parking from the view of the occupants of the residential property. Said fence shall terminate at a point fifteen (15) feet from the inside sidewalk line. If that part of the industrial, commercial, business, off-street parking or residential use 3 property abutting the residential use 1, 2 or 3 property is used for vehicles in any manner, then the remaining fifteen (15) feet to the inside of the sidewalk line shall be protected by the parking lot barrier, more fully described in the Off-Street Parking Ordinance, Local Law No. 1 of 1965. The barrier shall terminate one foot inside the sidewalk line.

(Ord. of 12-15-59, Art. IV, § IV(1)(q)); L.L. No. 6-1980, § 1, 6-5-80)

(a)

Swimming pools or the yards containing said pools shall be completely enclosed by a fence, at least four (4) feet in height, and said fence shall be equipped with a suitable locking device, designed to prevent unauthorized entry. It is further provided, however, that an above ground swimming pool, located four (4) feet or more above the surface, shall be considered in compliance with this subsection, if the ladder or access leading to the pool can be raised and locked, or entirely removed when not in use.

(b)

All gates or accesses to the pool shall be locked at all times, when the pool is not in use or under supervision of the owner or his duly authorized adult agent.

(Ord. of 12-15-59, Art. IV, § IV, (1(e)); Ord. of 1-18-72)

No fence shall be erected or contain barbed wire or chicken wire nor may a fence of any material have dangerously sharp, jagged or pointed edges.

(Ord. of 12-15-59, Art. IV, § IV (3(c)); Ord. of 1-18-72)

(a)

No hedges in excess of three (3) feet in height shall be placed or be allowed to remain in a business use district between the front building line and the street line, or, on corner lots, between the side building line and the side street line. the measurement shall be taken from ground level.

(b)

No hedges in excess of three (3) feet in height shall be placed or be allowed to remain in a residential use district, between the main body of the house and the street line, or on corner lots, between any part of the house and the side street line. The measurement shall be taken from ground level.

(c)

Hedges and bushes on corner residential lots, not adjacent to the body of the house, shall be trimmed so as not to exceed three (3) feet in height. The measurement shall be taken from ground level.

(Ord. of 12-15-59, Art. IV, § IV (2(a)—(c)); Ord. of 1-18-72)

Hedges, trees or shrubs, or other foliage which may not be otherwise in violation of this article shall be removed or trimmed if, in the opinion of the police department or the building inspector, the said hedge, tree, shrub or other foliage constitutes a traffic hazard.

(Ord. of 12-15-59, Art. IV, § IV(2(d)); Ord. of 1-18-72)