285 Construction & Erection of Fences
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ORDIDltUE NO. 285
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AN ORDIlIllfCE PROVIDlm JUR THE CONSTRUCTION AND ERECTION OF FENCiS WITHIN PUBLIC
RIGHT-OF-WAY, OF THE CITY' OF MERIDIAN, ADA COUNTY. IDA.HO.
BE IT ORDAINED BY THE MAYOR AND CITY COUNOn. OF THE CITY OF MERIDIAN, ADA
COUNTY,. IDAHO:-
Section 1: DEFINITIONS: For the purposes of this Ordinance the following
terms, phrases, words and their derivation shall have the meaning given herein.
When not inconsistent with the context, words used in the present include the
future, words in the plural number include the singular, and words in the singular
number include the plural number. The word shall is always mandatory and not"
merely directory.
A. Encroach~ The use, intrusion, enclosure or occupation of a street, side-
walk, park~y or the unused portion of a street.
B. Obstruction. Any obstacle or thing impeding, or inconveniencing or ren-
dering dangerous, public travel upon and along a street,alley or sidewalk. .
c. ParklllH.Y. That portion of public right-of-way situated between the curb
line of any street and the property line of property abutting and adjoining any
street. In the absence of a cUrb, the'curb line of a street shall be deemed to
be the edge of that portion of public right-of-way maintained and open to the use
of the public for purposes of vehicular travel.
D. Person. Any person, firm, partnerShip, association, corporation, company
or organization of any kind.
E. Sidewalk. The portion of the parkway of a street set aside and intended
for the use of pedestrians. ,
F. Street. Highways, roads; alleys and bridges dedicated, purchased or other-
wise acquired for the public, including the unimproved or unused portion thereof,
maintained and open to use by the public. '
Section 2: OBSTRUCTIONS:
'provided by this Ordinance:
It shall be unlawful for any person, except as
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A. To cause, create or maintain any encroachment, or obstruction, upon or
within any street.
B. To place, install or maintain any object, substance or matter in lieu of
trees, shrubs, bushes, graBS or vegetation upon or within any street.
e. To erect or maintain poles, wires, pipes or structures upon or below'the
surface of any street.
D. To drive any vehicle or ride an animal upon any sidewalk or parkway.
Section 3: PROPERTY ABUTl'ING STREET: Any owner or occupant of property
abutting and adjoining any street may upon and within the parkway of such street:
A. Improve, adorn or plant trees, shrubs, bushes, grass or vegetation; and
B. Place, install and maintain any object, substance or matter in lieu of
trees,shrubs, bushes, grass or vegetation.
Provided such owner or occupant shall first file an application for a permit with
the City Building Dept., who shall have exclusive jurisdiction and super'Yision over
any planting of trees, shrubs, bushes, grass or vegetation, or the installation and
maintenance of objects, substances or matters in 11eu of trees, shrubs, bushes,
grass or vegetation upon and within the parkway of a street. All permits as herein
provided shall comply with the provisions of this Ordinance. In the event an appli-
cation for a permit is rejected by the City Building Dept., the owner or occupant
'. of property may within ten (10) days following the date of the rejection of such
_ application by the Oi ty appeal. to the Council.. .
Section 4: ILLEGAL OBSTRUCTIONS:- If any encroachment or. obstruction has been
placed, insta11ed, erected and maintained, or a use IIade and maintained for private
or business purposes,' upon a street, sidewalk of parkway without prior permission
and consent, the Director of the Building Department shall in writing require-
immediate removal thereof. If such encroachment or obstruction or use has not been
removed, or oommenced to be removed, and diligently prosecuted, prior to the expir-
ation at ten (10) days tram such notification, by the person who caused or owns or
controls the encroachment, or obstruction, or use, the Director must commence proper
action to abate the salDe as a nuisance, and if judgment is recovered in favor of the
City, the owner, occupant or person maintAining such nuisance uy, in addition to
baving the same abated, be charged ten dollars (SlO.OO) for every day such nuisance
remained after notice as well as a11 costs.
Section 5: APPLICATION TO BE FILED: A person seeking to encroach, obstruct or
use a street, aidewal.k or parkway, including the unu8sd or unimproved portion of a
street, must file an application with the Building Department Director, who shall
present the same for the approval or disapproval of the Council. The application
ORDINANCE NO.
285
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shall include plans and specifications of sufficient clarity to indicate the nature and
extend of the proposed obstruction, encroachment, or UBe of the street, sidewalk or parkway
by which to demonstrate that relevant provisions of the Meridian Code and other relevant
laws, ordinances, rules, regulations and orders will be complied with, the legal descrip-
tion of the property abutting the street, sidewal.k or parkway upon or within which such
encroachment, obstruction or the use shall be or is intended to be performed,.. and any other
additional information necessary to make a fair determination of whether to allow or permit
the e~croachment, obstruction or u.se.
Section 6: CONDITIONS OF PERMIT GRANTED; A permit granted pursuant to the provi-
sions of Section 4 herein shal.l be subject to the following conditions:
A. The person to whom a permit is given or granted shall acquire no property or
contractual right in and to the street, sidewalk or parkway and such permit. may be revoked
whenever. the Council deems it necessary as a ?roper poli~e mea8ure~
B. The person to whom a permit. is issued shall comply with all laws, orders and
regJ;llations of the City and w1.th any direction of any public officer, pursuant to law,
which shall impose any duty upOn such person, or such person sb.81l at his sole expense
obtain all'licenses or permits which may be required.
C. The person to whom a permit is issued shall indemnify and save and hold harm- I
less the City from and for any and al.l losses, claims, actions and judgments for damages
or injuries to persons or property an~ 19sses and expenses caused or incurredCby the
permittee, its servants, agents, employees, guests and business invitees. In addition,
the permittee shall maintain and keep" in full force and effect liability insurance in
which the City shall be- named as a named insured in amounts established by the Council.
The limits of insurance shall not be deemed a limitation, of the permittee's covenant to
indemnify and save and hold harmless City.
D. Upon revocation of any permit given or granted, or in case of any disturbance
9r damage to pavement, sidewalk or other surface or structure, permittee ehall, at its
own expense, and in the manner required by the City, replace and restore such' in a con-
dition acceptable to the City.
Section 7: FENCE REGULATIONS:
A. Electric fences are prohibited within the corporate limits of Meridian City.
B. Barbed wire -.y be permitted in commercial and industrial zones only when used
as ~etop section for security fencee and shall be a minimum of 72 inches above grade.
C. . Open vision fences can be built to the property line in commercial and indu.st-
rial zones.
D. For the purposes of this section, walls, lattice work and screens shall be con-
aidered to be fences and ahlUl be built and maintained in compliance lIdth the" provisions
hereof.
E. The use of boxes, sheet metal, old or decayed wood, broken Ilasonery blocks or
other like unsightly materials for fencing is hereby prohibited.
F. Upon and within lots in all residential district and limited office districts
for dwelling units:
(1) Interior Lots: Solid or closed non-vision fences to a height of 36 inches, or
open-vision type fences to a height of 48 inChes, may be built from the front" of the
dwelling unit to and including the front property line. Fences to a height of'72 inches
may be buil.t from the front of the dwelling unit to and including the rear property line.
(2) ,. Corner Lots:
(a) Any open:"'vieion fence, wall or planting on or' wi th:i.n the clear vision
triangle ~ha1l be limited to 36 inches in height measured from the crown of
of the street.
(b) Solid or closed non-vision fences to a height of 36 inches or open-
vision type f~ncee to a height of 48 inches, may be built along the front
property line and along the ~ide property line to the front of the dwelling
unit, except that a fence of 72 inches in height may be built upon street
and side property lines from the front of the dwelling to. the rear property
line provided that no closed non-vision fence which exceeds 36 inchea in
height may be erected in the clear vision triangle. ^
G. In addition the applicant must furnish to the Department of Public Works a certi-
ficate showing approval by the office or business concern having property with which such
b:'lilding moval may interferre, including" but not limited 'to, the following concerns and
propertiea: -
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(1) Idaho Power Company -- light and, power wires
(2) Mountain States Telephone and Telegraph Company -- Telephone wires
(3) Fire Department -- fire alarm wire system
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ORDINANCE NO. 285
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(4) Traffic or Safety Department -- traffic and signal system
(5) Police Department -- routes and traffic central
(6) City Forester -- trees and shrubbery
The issuance of a permit shall not release the applicant from any
liability for damage to utilities or other property whether or not
mentioned in this Ordinance.
WEREAS, there is an emergency therefor, which emergency is declared to exist,
this Ordinance shall take effect and be in torce trom and after its passage,
approval and publication as required by law.
Passed by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, tide 3rd day of November, 1975.
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