Fence Construction

An ordinance to protect the health, safety and general welfare of people within __________ Township, _________ County, Michigan, by regulating fences within recorded residential plats and unplatted residential areas having a building density of not less than an average of one residential building for each 300 feet of road frontage between two intersecting streets; and to provide penalties and other remedies for the violation thereof.

THE TOWNSHIP OF _________, _________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Title
This ordinance shall hereafter be cited and referred to as the _________ Township Fence Construction Ordinance.

Section 2: Regulations
A. It shall hereafter be unlawful for any person, firm or corporation to construct, install or maintain in existence any fence in a platted residential area within the Township or in an unplatted residential area having a density of residential buildings of at least one residential building for each 300 feet of road frontage between intersecting streets equipped with barbed wire, spikes or any similar hazardous device and/or equipped with any electrical charge unless such barbed wire, spikes or similar hazardous device or such electrically charged wire is located not less than 7 feet above the ground level abutting such fence and is posted with permanent notices not more than 75 feet apart clearly indicating the hazardous nature of such fence.

B. No fence within platted residential areas or unplatted residential areas having a residential building density of at least one residential building for each three 300 feet of road frontage between intersecting streets within the township shall have a height as measured from the abutting ground level of greater than 9 feet.

Section 3: Saving Clause
Should any portion of the within ordinance be declared unenforceable by any court of competent jurisdiction, the remainder of said ordinance shall remain in full force and effect unaffected by the portion which might be so declared to be unenforceable.

Section 4: Penalty and Remedies
Any violation of the within ordinance or any portion thereof shall constitute a misdemeanor punishable by a fine of up to $100 and/or imprisonment in the county jail for up to 90 days. Each day that a violation continues to exist shall constitute a separate offense.

In addition to the imposition of the foregoing fines and penalties or in lieu thereof, the Township of _________ shall have the right to initiate civil proceedings against any violator of the provisions of the within ordinance or any portion thereof to secure an injunctive or other order against such violator. Election by the Township of one remedy hereunder shall not preclude its election of a different remedy.

Note: This ordinance is written to be enforced as a criminal misdemeanor. If your township intends to enforce this ordinance as a civil infraction, the penalty provision will need to be revised. Please consult your local attorney, or contact Michigan Townships Association for sample civil infraction penalty provisions and enforcement guidelines.

Section 5: Effective Date
This ordinance shall take effect on __________. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.