HomeMy WebLinkAboutNS-1892 - Amending Section 41-610 of the Santa Ana Municipal Code and Repealing Section 10-70 Code to Revise the Regulation of Walls, Fences, and Barbed WireREL: adg-12
2/24/87
O~DINANCE NO. NS-1892
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-610 OF THE SANTA
ANA MUNICIPAL CODE AND REPEALING SECTION
10-70 CODE TO REVISE THE REGULATION OF
WALLS, FENCES AND BARBED WIRE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 41-610 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 41-610. Walls and fences.
(a) Walls and fences in the RE, Ri R2, R3 and R4 districts
shall not exceed eight (8) feet in height, and shall not exceed
four (4) feet in height where the wall or fence extends into the
required front yard or any required landscape area. In other
districts, walls and fences shall not exceed ten (10) feet in
height, and shall not exceed four (4) feet in height where the
wall or fence extends into the required front yard or any re-
quired landscaped area.
(b) Any wall or fence expressly permitted by this section
or any other section of this chapter shall comply with the pro-
visions set forth in Chapter 36 of this Code.
(c) In the RE, Ri, R2, R3 and R4 districts, chain link
fencing material is not permitted except in a rear yard or side
yard which is not viewable from a public street.
(d) Barbed wire is not permitted as part of a wall or fence
except as follows:
(1) In the M1, M2 and LM districts: barbed wire is
permitted subject only to the restrictions set forth hereinafter.
(2) In the C1, C2, C3, C4 and CM districts: barbed
wire is permitted only in a rear yard or side yard which is not
viewable from a public street and is subject to the restrictions
set forth hereinafter.
ORDINANCE NO. NS- 1892
PAGE TWO
(3) Barbed wire may not be used above the height
limitations set forth in subsection (a) of this section.
(4) Barbed wire may not be used as part of any wall
or fence which is adjacent to property used for residential
purposes or to property which is used asa school, church, park,
or youth center.
(e) As used in this section:
(1) The terms "wall" and "fence" refer to a barrier
used to prevent intrusion from outside of a parcel to the in-
terior of such parcel and located at or near the boundary of
such parcel, exclusive of any such barrier which forms part of
a building. A "wall" is such a barrier which is comprised of
masonry, concrete or similar material. A "fence" is such a
barrier comprised of wood, metal posts, rails, wire mesh or
similar materials.
(2) "Barbed wire" includes both straight-line
looped ("concertina") varieties.
(3) "Public street" does not include alleys.
and
SECTION 2: That Section 10-70 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court
or competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or uncon-
stitutional.
ORDINANCE NO. NS-1892
PAGE THREE
SECTION 4: Neither the adoption of this Ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof, re-
quired to be posted, filed or deposit pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 6th day of April , 1987.
ATTEST .'
J~lce C. Guy
Clerk of the CounCil'
COUNCILMEMBERS:
Young A,¥e
McGuigan ~
Acosta
Griset Aye
Hart Aye
May A,¥e
Pulido A,¥e
APPROVED AS TO FORM:
~award/J ~Co~per
City Attor-~t~y