Cape City Council mulling new fence regs

New fence regulations would make it easier for Cape Girardeau residents, business owners and even city staff to know upfront which fence materials would be allowed and which would not, city planner Ryan Shrimplin said.

New fence regulations are being drafted by city staff members.

Among other aspects, the proposed measure would address fencing materials.

City council members reviewed possible fencing restrictions at their study session Monday.

Shrimplin said Thursday the city's existing development code does not specify acceptable fencing materials and lists only a few prohibited items.

The city bars fencing constructed solely of one or two wires stretched between posts, or of "cloth, canvas or other like material."

It also restricts use of barbed wire and bans electrified fences except in agricultural districts.

City staff members have proposed a much lengthier list of prohibited fence materials including plywood, paper, rubber, some types of metal, bamboo except bamboo boards and non-decorative concrete.

Allowed materials would include wood, brick, stone, wrought iron, decorative metal, sheet metal for manufacturing and industrial uses only, metal wire mesh, chain link, vinyl, decorative concrete and barbed wire in certain cases.

But council members suggested they would like to see a less detailed list of allowed materials and leave it up to city staff to decide what is allowed within those general parameters. "I tend to want to keep it as simple as possible," Ward 4 Councilman Robbie Guard said.

Mayor Harry Rediger favors adding a permitted fencing materials list to the city code. But he said the council wants "a short list."

Ward 5 Councilman Bob Fox said, "I like adding a permitted list."

The city council asked the city staff last year to study the issue and research how other cities regulate fencing.

City employees researched nearly a dozen other Missouri cities and the city of Paducah, Kentucky.

Shrimplin said most of those cities had lengthier prohibited lists than permitted lists.

The city of Jackson, for example, allows a maximum of two material types to be used for a single fence, including brick, chain link, concrete, stone, vinyl, wrought iron and similar materials.

Prohibited fencing materials in Jackson include bamboo, barbed wire, canvas, chain link in the front yard, cloth, concrete in the front yard, electric, tin, wire and sharp-pointed materials.

Like Cape Girardeau, the city of Kirkwood in St. Louis County does not specify any permitted fence materials.

In Paducah, chain link, barbed wire and other wire fences are barred from front yards. Scott City prohibits only barbed wire and electric fences.

Jefferson City has a much lengthier list of banned materials, including barbed wire, canvas, cloth, debris, junk, plywood, rolled plastic, sheet metal, wire and other materials not specifically manufactured for permanent fencing.

Ward 1 Councilman Joseph Uzoaru questioned whether the city needs to make changes to its fencing regulations.

"Is this a real problem?" he asked.

But deputy city manager Molly Hood said the goal is to provide "more clarity" for city staff in determining what fence materials are acceptable.

"There are a lot of things people get creative with," she said, pointing out some people might want to build fences out of tires and glass.

Uzoaru said, "There are a lot of cases in Cape Girardeau where there are obnoxious fences."

According to Hood, existing fences would be allowed to remain even if they did not comply with the new measure.

Shrimplin said more detailed fence regulations would make it less confusing for property owners seeking to erect fences.

Applicants would be able to request the city grant exceptions to the development code, he added.

Barbed-wire fences currently are allowed in agricultural and commercial districts in Cape Girardeau, except where adjacent to a residential area.

City staff have recommended further restricting barbed wire and razor wire, prohibiting their use on fences adjacent to elementary or middle schools, commercial day-care centers or parks. Shrimplin said the goal is "to protect children" from possible injuries.

Shrimplin said, under the proposed measure, barbed wire and razor wire would not be allowed to protrude outward in a manner that would encroach on a public street or alley right of way or over a public sidewalk.

City staff plan to draft a final fencing measure and present it to the council at a later date.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

401 Independence St., Cape Girardeau, Mo.