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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Item: Modification of Fence Standards Date: 10/22/2010 Prepared by: Pam Walzer Initiated by: Pam Walzer Action Required: Develop ordinance language and set a public hearing to amend MCC Chapter 12.30, Fences and/or MCC 8.44 Barbed Wire and Electrical Fences. Recommended Motion: TBD Timeline: Referral to committee: 10/22/1010 Committee discussion: TBD: will require two meetings, one to determine policy and a second to approve ordinance language and set public hearing. Public Hearing: TBD after policy and ordinance language development. Background and Alternatives Explored: The need to deter bears within the urban areas of the city has shed light on conflicting language in municipal code concerning the use of barbed wire and electrical fences. Title 12, Streets, Sidewalks and Public Places restricts the use of barbed wire and electrical fences only within residential areas. Title 8, Health and Safety allows for specific uses and locations. Although 8.44 is more specific (and more permissive), there are still unclear use or prohibition conditions. Likewise, the council and staff may wish to address possible policy changes in restrictions, uses, and/or design standards. Policy questions include: 1) Should barbed wire and/or electrical fences be permitted in all areas provided they meet set back requirements for adjacent land and public rights-of-way? 2) Should there be specific conditions that allow barbed wire and/or electrical fences along adjacent land and public rights-of-way? 3) Should there be design standards for barbed wire and/or electrical fences? Applicable city code: MCC 12.30.040.Restrictions (FENCES) C. No fence in a residential area shall be electrified or be constructed with barbed wire. [this is the only language in MCC 12.30 I could find regarding barbed wire or electrical fences] MCC 8.44 BARBED WIRE AND ELECTRICAL FENCES 8.44.010 Barbed wire fences. A. Except as set out below, every person who erects or causes to be erected or who maintains any barbed wire fence along or adjacent to any street or alley, or along any dividing line between separate ---PAGE BREAK--- street or alley, or along any dividing line between separate pieces, parcels or lots of land, is guilty of a misdemeanor. B. The use of barbed wire fencing is permitted when: 1. Used as a security fence and the security fence is at least five feet high with strands of barbed wire only at the top; 2. The barbed wire fencing is used on commercial, industrial or public lands as security fencing; 3. Used solely to secure livestock for agricultural purposes or when located in an area frequented by wildlife for purposes of protecting vegetation on property from wildlife, such as deer or elk. 8.44.020 Electrical fences. A. Except as set out below, it is unlawful for any person to erect or cause to be erected or to maintain within the limits of the city any electrical fence. B. The use of electrical fences is permitted when used to secure animals for agricultural purposes or when located in an area frequented by wildlife for purposes of protecting vegetation on property from wildlife, such as deer or elk. Financial Implications: none anticipated