The term electric fence shall mean any fence, wire or enclosure that is electrically charged. 

(Ord. 870, Sec. 1)

No person shall construct, maintain or operate an electric fence within the city limits without having a valid permit for the operation thereof issued by the governing body in the manner hereinafter provided.

(Ord. 870, Sec. 1)

(a)   All applications for electric fence permits shall be made in writing to the governing body and shall contain a description of the location of the proposed fence, the time or times when the fence will be charged and a description of the electrical charge to be used.

(b)   The governing body shall not approve the issuance of any permit for the construction and maintenance of an electric fence that is:

(1)   Constructed within six feet of a fire hydrant;

(2)   Constructed within three feet of a utility pole;

(3)   Constructed within feet of a sidewalk or the traveled portion of a roadway;

(4)   On property adjacent to a part or playground;

(5)   When one or more property owners or persons in possession of property that is adjacent to the proposed fence line shall object in writing to the governing body.

(c)   The governing body shall cause to be issued an electric fence permit if the proposed construction does not violate  any of the constraints  set out in section 4-1003(b) and the application fee shall have been paid.

(d)   An application fee of $10 shall accompany each application and shall not be refunded in. the event the permit is denied.

(e)   Any permit issued by the governing body may be revoked by the governing body at a regular meeting if it shall be proved to the satisfaction of the governing body that any of the constraints of section 4-1003(b) shall have been violated by the permit holder, including 4-1003(b)(5) and if the permit holder shall have received notice in writing of the proposed revocation at least five days prior to the date of such meeting.

(f)    Revocation Hearing.  At such revocation hearing the permit holder shall have the right to be represented by counsel, to present evidence in his or her behalf, to cross examine witness testifying on behalf of revocation and to have a record of the proceedings made at his or her own expense or to obtain a copy of any record made by the city at the actual cost of obtaining the copy.

(g)   The city shall accept applications on behalf of the governing body and issue permits on a suitable form when so directed by the governing body.

(Ord. 870, Sec. 1)

No person shall be prosecuted in the municipal court for having violated section 4-1002 without first being given notice in writing of the alleged violation. Thereafter, the proposed defendant shall have seven days from the date of receipt of the notice to remove the alleged violation. Removal of the violation during the seven day period shall be an absolute defense to the alleged violation.

(Ord. 870, Sec. 1)

Each day that a violation of section 4-1002 shall occur after the lapse of the seven day period provided in section 4-1004 shall be deemed a separate offense.  

(Ord. 870, Sec. 1)

Any person violating any provisions of this article shall upon conviction thereof be fined in an amount of not less than $25 nor more than $100 for each offense. 

(Ord. 870, Sec. 1)