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§ 10-1-9 FENCES; BARBED WIRE AND ELECTRIC.A.
Barbed wire.
It is unlawful for any person to erect or maintain within the city any fence constructed in whole or in part of barbed wire, razor wire, or other similar wire (hereafter referred to as barbed wire), except as indicated below.
1. Barbed wire is not allowed in the following zones, except for security fence around construction building materials, and then only by special permit issued by Community Development Director:
a. Manufactured Home Subdivision District (MHS);
b. Parking District (P);
c. Low Density Residential District (R-1);
d. Low Density Residential District, Including Dwellings and Mobile Homes (R-2);
e. High Density Residential District (R-3);
f. Recreational Vehicle Park District (RVP); and
g. Recreational Vehicle Subdivision District (RVS).
2. Barbed wire is not allowed in the following zones, except for security purposes, and then only by special permit issued by Community Development Department. Special permits will not be issued for barbed wire in areas generally accessible to the public during normal business hours: Commercial Zone (C-1).
3. Barbed wire is allowed in the following zones, but only in conjunction with animal, crop, equipment, or facilities protection, restraint, or security:
a. Agriculture (A); and
b. Suburban Ranch (RA).
4. Barbed wire is allowed in the following zones for perimeter fencing, materials, and facility security or protection. (Perimeter fencing is allowed with barbed wire only if the barbed wire is a minimum of six feet above the ground. If barb arms are used at the fence top, the fence must be completely on private property, including the area below barb arms if they extend outside the fence line.): Light Industrial District (LI) or Heavy Industrial District (HI).
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5. Barbed wire is allowed for use by the following for perimeter fencing, materials, and facility security or protection regardless of zone they are located in. (Perimeter fencing is allowed with barbed wire only if the barbed wire is a minimum of six feet above the ground. If barb arms are used at the fence top, the fence must be completely on private property, including the area below barb arms if they extend outside the fence line.):
a. Federal, state, or local government facilities; and
b. School facilities.
B.
Electric fences.
Electrically-charged fences are allowed within the city only by special permit from the Community Development Director, and then with the following restrictions generally applying.
1. A special permit will be allowed only in an industrial zone or during construction in other zones, and then only for major security reasons.
2. Electrically-charged fences will be allowed only in a location made inaccessible to persons, who would know the fence is electrified, by virtue of another fence or structure.
3. Electrically-charged fences will only be allowed if they are UL-approved units that work on an intermittent pulse basis.
4. All electrically-charged fences shall be so identified with adequate signage in both English and Spanish at a distance not more than 200 feet between signs and no less than one sign per perimeter leg of the fence.
Every fence shall be deemed a lawful fence as to any domesticated livestock that could not creep through such fence, if it is:
1. At least five feet high, including, if the fence is on a mound, the mound to the bottom of the ditch;
2. Made of barbed wire, at least 42 inches high, consisting of at least four strands of barbed wire, firmly fixed to posts, trees, or other supports substantially set in the ground, spaced no farther than 12 feet apart unless a substantial stay or brace is installed halfway between such posts, trees, or other supports to which such wires are also fixed;
3. Made of boards, planks, or rails, at least 42 inches high, consisting of at least three boards firmly attached to posts, trees, or other supports substantially set in the ground;
4. At least three feet high, if such fence is within the limits of any town whose charter neither prescribes, nor gives to the town council power to prescribe, what shall constitute a lawful fence within such corporate limits; or
5. Any other fence, except as otherwise described in this section, if it is:
a. At least 42 inches high;
b. Constructed from materials sold for fencing or consisting of systems or devices based on technology generally accepted as appropriate for the confinement or restriction of domesticated livestock; and
c. Installed pursuant to generally acceptable standards so that applicable domesticated livestock cannot creep through the same.
A cattle guard reasonably sufficient to turn all kinds of livestock shall also be deemed a lawful fence as to any domesticated livestock.
Nothing contained in this section shall affect the right of any such town to regulate or forbid the running at large of cattle and other domestic animals within its corporate limits.
The Board of Agriculture and Consumer Services may adopt regulations regarding lawful fencing consistent with this section to provide greater specificity as to the requirements of lawful fencing. The absence of any such regulation shall not affect the validity or applicability of this section as it relates to what constitutes lawful fencing.
Code , § 8-869; , c. 624, § 55-299; , c. 574; , c. 712.
§ 55.1-. Proceeding to declare stream of water or canal a lawful fence.A. The circuit court of any county, upon a petition of any owner or tenant of lands on any stream of water or canal, may declare and establish such stream or canal, or any part of either within the limits and jurisdiction of the county, a lawful fence as to any domesticated livestock. Notice of the application shall be given by posting a copy of the petition at the front door of the courthouse and at two or more public places at or near the stream or canal to which the petition applies, for 30 days, and by publishing such notice once a week for four successive weeks in a newspaper of general circulation in such county. At or before the trial of the cause, any person interested may enter himself a defendant.
B. The court may, upon petition and notice of any person interested, revoke or alter any order made under subsection A, but such order shall not be made within one year from the date of the original and shall not take effect until six months after it is made.
Code , §§ 8-870, 8-871; , c. 624, §§ 55-300, 55-301; , c. 712.
§ 55.1-. Boundary lines of certain low grounds on James River a lawful fence.The owners and occupants of low grounds on either side of the James River in Albemarle, Buckingham, and Goochland Counties, enclosed by lawful fences on the back and hill lands, need not keep up any fence on the boundary lines running across the low grounds to the river, and such boundary lines shall be deemed a lawful fence, except where public roads cross the river or run parallel with its banks.
Code , § 8-872; , c. 624, § 55-302; , c. 712.
§ 55.1-. Statutes declaring watercourses lawful fences continued.All acts declaring any river, stream, or watercourse, or any part thereof, or any boundary in any county, a lawful fence, or authorizing any court so to declare the same, or enacting a special fence law for any county or any part thereof, and all acts relating to the making or repairing of division fences in any county or in any part thereof that may be in force on the day before the Code of took effect, shall continue in force.
Code , § 8-873; , c. 624, § 55-303; , c. 712.
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