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O-76-49M . ORDINANCE NO. 0 -76- 49 AN ORDINANCE AMENDING CHAPTER 19 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED Published in pamphlet form this 20th day of September 1976, by the President and Board of Trustees of Deerfield. l ORDINANCE NO. 0 -76- 49 AN ORDINANCE AMENDING CHAPTER 19 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Chapter 19 of the Municipal Code of the Village of ONE: Deerfield of'1975, as amended, be and the same is hereby further amended by adding a new Article 8 as follows: "ARTICLE 8. Fences 19 -58. FENCES - DEFINED.) Any structure forming a barrier at grade and used as a boundary-or means of protection or confinement. The term "fence" includes, but is not limited to, walls, railings, shrubbery or similar.structures or barriers. 19 -59. PERMIT REQUIRED.) No person, firm or corporation shall con- struct a fence without having obtained a permit therefor. Application for such permit shall be made to the Department of Building & Zoning and shall accurately depict the location of the fence on the Applicant's premises. The Permit Application shall be accompanied by the fee re- quired. 19 -60. ENCROACHMENT.) No permit for the construction of a fence shall be issued to permit construction of a fence either across or upon any parkway, street, alley, sidewalk or other public way, or in such a manner as the Department of Public Works determines would impede maintenance, repair, replacement or snow removal on said parkway, street, alley, sidewalk or other public way. In the event that any fence is erected in the right of way of any easement, the landowner shall be solely responsible for the repair or replacement of the fence in the event that maintenance of the easement and rights granted there- under require removal of the fence or cause damage to it. 19 -61. INSPECTION.) In the event that the Department of Public Works determines from a review of the Permit Application that the proposed fence may encroach across any parkway, street, alley, sidewalk or other public way, or impede the maintenance, repair, replacement or snow removal on said parkway, street, alley, sidewalk or other public way, then the Department of Public Works shall conduct an on -site inspection on the premises in question to determine the exact location of the fence in relation to the parkway, street, alley, sidewalk or other public way, and shall only issue said permit if the above described encroachment or impediment is not created. A w 19 -62. FEE.) The fee for the issuance of a fence permit shall be $10.00 except that in the event an on -site inspection is required pursuant to the preceding Section, then the fee for issuance of said permit shall be $20.00. In the further event that the on -site inspection necessitates the expenditure of additional sums by the Village of Deerfield, then such additional expenditures shall be borne by Applicant as an additional fee. 19 -63. PENALTY.) Any person, firm or corporation violating any provision of this Article shall be fined not less than $5.00 or more than $500.00 for each offense; a separate offense shall be termed committed on each day during or on which a violation occurs or continues." SECTION That the Village Clerk is hereby directed to publish TWO: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect from THREE: and after its passage, approval and publication, as provided by law. AYES: Blumenthal, Gavin, Marty, Seidman, Stiehr, Swanson (6) NAYS: None (0) ABSENT: None (0) PASSED this 20th day of September A.D., 1976. APPROVED this '20th day of September A.D., 1976. ATTEST: t A/t, VILLAGE CLERK PRESIDENT