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1 ORDINANCE NO. 10- 0/'-/
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULATIONS CHAPTER 2, SECTION 4J "OTHER
6 STRUCTURES", AND AMENDING CHAPTER 2,
7 SECTION 11, "SUPPLEMENTAL REGULATIONS" BY
8 CREATING A NEW SUB-SECTION "Q", "SECURITY
9 FENCES" TO ALLOW AN ADDITIONAL SECURITY
10 MEASURE FOR INDUSTRIAL BUSINESSES AND ASSIST
11 IN THEFT PREVENTION; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
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15 WHEREAS, the City has received a request from a business in the City's industrial
16 district for permission to install a low voltage fence as a theft deterrent; and;
17 WHEREAS, City staff has met with the contractor on a number of occasions to ensure
18 the safety of the product which has also been reviewed by the Building Department, Fire
19 Department and Police Department with no objections; and
20 WHEREAS, the City Commission has considered staff's recommendations and reports,
21 and determines and finds that it would be appropriate to amend the Land Development
22 Regulations to reflect this addition; and
23 WHEREAS, the City Commission finds that the adoption of this ordinance is in the
24 best interest of the health, safety, and welfare of the citizens and residents of the City of
25 Boynton Beach.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clauses are true and correct and are now ratified
29 and confmned by the City Commission.
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Section 2.
Chapter 2, Section 4J(2), "Other Structures" of the Land Development
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Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
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1. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of
structure as applied to all districts and boundaries, the following shall apply except that corner
lots shall be regulated by other parts of this ordinance. The following structures and
improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in
any zone, except where so noted, and agency authorization shall be required for placement in
easements:
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2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height,
above finished grade except in PID and M-l zones, chain link fences shall be allowed to eight
(8) feet in height and may be topped by not more than three strands of barbed wire. Low
volta2e security fencin2 in compliance with the replations listed in Chapter 2. Section 11.
0.. may be placed inside a perimeter fence in the PID and M-l zones at a hei2ht not to
exceed the perimeter fence hei2ht bv two (2) feet. Hedges situated adjacent to golf courses,
golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed
ten (10) feet in height, above finished grade.
Section 3.
Chapter 2, Section 11, "Supplemental Regulations" of the Land
19 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
20 by adding a new sub-section Q, as follows:
21 O. SECURITY FENCES. The construction and use of electric fences shall be
22 allowed in the city onlv as provided in this section. subiect to the followin2
23 standards:
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25 1: IEC Standard 60335-2-76: Unless otherwise specified herein. electric fences
26 shall be constructed or installed in conformance with the specifications
27 set forth in International Electro technical Commission UEC) Standard No.
28 60335-2-76.
29 2. Electrification:
30 (8) The eneNizer for electric fences must be driven bv a commercial
31 stora2e battery not to exceed 12 volts DC. The stora2e battery is char2ed
32 primarily bv a solar panel. However the solar panel may be aU2mented bv
33 a commercial trickle char2er.
34 (b) The electric chaNe produced bv the fence upon contact shall not
35 exceed enermer characteristics set forth in para2raph 22.108 and depicted
36 in Fipre 102 ofIEC Standard No. 60335-2-76.
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3. Perimeter fence or wall:
(a) No electric fence shall be installed or used unless it is completelv
surrounded bv a non-electrical fence or wall that is not less than six feet in
hei2ht.
(b) The separation between the non-electrified perimeter fence and the
electrified fence shall be one (1) foot.
4. Location:
Electric fences shall be permitted on any property zoned M-l. or PID if on
a parcel that allows industrial uses accordin2 to the correspondin2 master
plan. and must be occupied by a business that has an active business tax
certificate.
5. Wamin2 si2ns:
Electric fences shall be c1earlv identified with wamin2 si2ns that are 3
SQuare feet in size and that read: "Wamin2 - Electric Fence". The letters
on the si2n shall be a minimum of six (6) inches in hei2ht. and the sips
shall be spaced no ueater than 40 feet apart. mounted on the fence at
least rIVe (5) feet above finished 2rade. The si~s shall be written in
En2lish. Spanish and Creole.
6. Permittin2:
Electric fences shall be 20vemed and replated under bundar alarm
replations of Part II Code of Ordinances. Chapter 2.5 Alarm Systems.
and permitted as such.
7. Emer2encv Shut-off:
An emer2encv shut-off switch shall be accessible to all emer2encv
personnel to allow for necessary access. Control and access shall be of a
type. location. and markin2 specified and approved bv the Police Chief
and Fire Marshall.
8. It shall be unlawful for any person to install. maintain or operate an electric
fence in violation of this section.
Section 4.
Each and every other provision of the Land Development Regulations
32 not herein specifically amended, shall remain in full force and effect as originally adopted.
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Section 5.
All laws and ordinances applying to the City of Boynton Beach in
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conflict with any provisions of this ordinance are hereby repealed.
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Section 6.
Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
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Section 7.
Authority is hereby given to codify this Ordinance
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Section 8. This ordinance shall become effective immediately.
FIRST READING this l5..~ay of J u. n e.. ,2010.
SECOND, FINAL READING AND PASSAGE this jt!L day Of~, 2010.
CITY OF BOYNTON BEACH, FLORIDA
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