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1424 000105 ORDINANCE NO. 1424 ( #12 - 2011) AN ORDINANCE AMENDING AND CREATINGJMC §8.05 TO PROHIBIT THE USE OF BARBED WIRE, RAZOR WIRE, OR OTHER SHARP MATERIALS IN CONSTRUCTION OF WALLS AND FENCING IN CERTAIN ZONING DISTRICTS; CREATING JMC if 8.04.025; AMENDING JMC if 8,08.080, 8.10.020, 16.20.020, AND 18.04,100; AND, FOR OTHER PURPOSES. WHEREAS, provisions currently outlined in areas regarding fencing do not explicitly prohibit the use of such potentially harmful materials as barbed wire razor wire, or other sharp materials, and it has been deemed appropriate and beneficial to include such a prohibition in the interest of protection of the general public. NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT. SECTION ONE: JMC § 8.04.025 (Prohibition) shall be created to include the following: All fencing, screening, walls, or other such construction shall be in compliance with the terms of JMC 5 8.05, which prohibits the use of barbed wire, razor wire, or other sharp materials in the construction of fencing, screening, or walls. SECTION TWO: JMC § 8.05.010 (Purpose) shall be created to include the following: This Fencing Code is designed to set standards and add language, which would, in most cases, prohibit the use of barbed wire razor wire, or other sharp materials in the construction of walls and fencing in all zoning districts. SECTION THREE: JMC § 8.05.020 (Prohibited Fencing) shall be created to include the following: It shall be unlawful for any person within the City to place, build, or erect a fence, guard railing, screen, wall, or barrier of any kind constructed with barbed wire, razor wire, or similar sharp pointed materials in any zoning district except A -1, M -1, and M -2 without prior exemption approval by the Board of Adjustment granted under this Chapter. SECTION FOUR: JMC § 08.05.030 (Exemptions) shall be created to include the following• The Board of 'Adjustment may grant an exemption(s) under the following guidelines: 1. When located in residential or non - residential districts on sites enclosing a municipal, institutional, or government use or purposes; 2. When use will be on sites larger than One (1) acre used for agricultural or livestock purposes; or, 000106 ORDINANCE NO. 1424 ( #12 -2011) Page Two 3. Approval based on proof of a special need for safety, security purposes, or financial hardship, but only when provided that such barbed wire, razor wire, or other sharp pointed material is securely affixed to the top of a soundly constructed lawful fence or structural barrier no less than Six (6) feet in height. SECTION FIVE: JMC § § 8.08.080, 8.10.010, 16.20.020 (Fencing), and 18.04.100 shall be amended to include the following language: All fencing, screening, walls, or other such construction shall be in compliance with the terms o JMC 8.05, which prohibits the use of barbed wire, razor wire, or other sharp materials in the construction of fencing, screening, or walls. SECTION SIX: All Ordinances or parts thereof in conflict herewith are hereby repealed to the extent of said conflict. SECTION SEVEN: This Ordinance shall take effect from and after its date of passage, subject to and in compliance with all applicable laws. APPROV ' , ND ADOPTED THIS ib DAY OF SEPTEMBER, 2011. CITY OF JACKSONVILLE, ARKANSAS E CHER, , YOR ATTES . ►. SUSA f2 VITT, CI ERK A PR D S ' RM :I ROB PTE, BA BURG, C ATTO •