FENCES

Huntsville Code of Ordinances ch. 7, art. IX

in effect

Huntsville Code of Ordinances § 7-700 Definitions.

Sec. 7-700. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fence or fencing means any structure, including without limitation fences, barriers, or walls, constructed or erected of man-made or natural materials, or a combination thereof, to provide a barrier, either physical or visual, for the purpose of protecting property, enclosing property, providing for security or privacy, or for properly containing activities on the property. Fenced lot means a lot or parcel of real property within the corporate limits of the city containing a fence regulated by this article, which lot may or may not contain improvements. Improvement means any building, or unit or portion thereof, including without limitation buildings used for residential or non-residential purposes. Owner/person in control means all or any person(s): (1) Whose name appears as owner of record in the tax assessor's office of the fenced lot; (2) Who has title to all or any portion of the fenced lot, with or without accompanying actual possession; or (3) Any person in charge, care or control of any fenced lot including without limitation any owner, executor, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, or assignee of rents, lessee or any other person in control of an improvement; or their duly authorized agents. The term shall not include federal, state or municipal owners. (Ord. No. 07-409, § 1, 5-10-07)

Huntsville Code of Ordinances § 7-701 Exceptions.

Sec. 7-701. - Exceptions. The provisions of this section shall not apply to: (1) Temporary construction fences installed to protect the public from injury during construction or to maintain security for development and where there is a current building permit issued for such activity (the fencing must be removed at completion of construction); (2) Fencing for agricultural purposes or enclosure of livestock; or (3) Fences utilized to surround or enclose public utility installations, public schools or other public buildings. (4) Hedges, shrubs, bushes, trees, or other plantings. (5) Retaining walls. (Ord. No. 07-409, § 1, 5-10-07)

Huntsville Code of Ordinances § 7-702 Materials.

Sec. 7-702. - Materials. (a) It shall be unlawful to erect or maintain any barbed wire, concertina or razor wire, or electric fencing on a residentially zoned lot or parcel of property. (b) Fences containing man-made materials shall be composed of materials manufactured, designed, and intended for such purposes and shall not include scrap materials, doors, or other such salvaged materials. Fences shall be of materials of a uniform and consistent style. (c) The wooden portion of fences shall be of a decay resistant wood, or shall be covered with paint, stain or other such substance which preserves the wood from deterioration, dilapidation or decay. (d) Fences containing natural materials, such as rock or stone, shall be of a uniform and consistent style, free of loose or missing material, and properly maintained so as not to create a potential hazard, and shall not include scrap materials, doors, or other such salvaged materials. (Ord. No. 07-409, § 1, 5-10-07; Ord. No. 08-1206, 1-8-2009)

Huntsville Code of Ordinances § 7-703 Maintenance.

Sec. 7-703. - Maintenance. (a) It shall be the responsibility of the owner/person in control of the fenced lot to maintain the fence in good and proper condition and repair, free of loose or missing material, and free of any defects, damage or decay so as to not present a potential safety hazard and so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public. (b) Fences shall be properly installed, constructed, and maintained to be vertical, self supporting, and secured in a fashion to resist leaning, falling, collapse or partial collapse, and so as not to create a potential safety hazard. (Ord. No. 07-409, § 1, 5-10-07)

Huntsville Code of Ordinances § 7-704 Enforcement.

Sec. 7-704. - Enforcement. (a) Notice of violation. If the owner/person in control of the fenced lot shall fail or refuse to comply with the provisions of this article, the director of the community development division or other officer of the community development division may cause to be served upon such owner notice requiring such owner to comply with this article. Such notice shall, unless provided for otherwise: (i) be served in person, by first class mail, or by posting on the premises in a conspicuous place; (ii) describe the nature of the violation; (iii) require compliance within a time stated in the notice; and (iv) where an extension of time is provided for under the terms of this article, provide that in lieu of compliance, an extension of time may be requested by making a written request to the board of adjustments and appeals within a specified time stated in the notice. (b) Officials charged with enforcement. The director of the community development division or any code officer of such division is responsible for the administration and enforcement of this article. (c) Issuance of summons and complaint [citation]. In the enforcement of this article, the director of the community development division, any code officer of such division, or any law enforcement officer legally authorized to enforce municipal ordinances may proceed in accordance with section 2-1 of this Code. Nothing herein shall be construed to prevent the obtaining of a warrant with respect to any alleged offense in lieu of issuing a summons and complaint [citation]. (d) Notwithstanding anything contained to the contrary in this article, an owner/person in control may be required to immediately remedy a violation of this article where there is an immediate threat to the public health or safety if the violation is allowed to continue. In such case, there shall be no extensions of time allowed for compliance. (Ord. No. 07-409, § 1, 5-10-07)

Huntsville Code of Ordinances § 7-705 Board of adjustments and appeals.

Sec. 7-705. - Board of adjustments and appeals. The housing board of adjustments and appeals created by section 7-354 of this Code is designated as the board of adjustments and appeals for this article; and all powers, duties and functions of the board of adjustments and appeals under this article are delegated to and shall be performed by the housing board of adjustments and appeals. (Ord. No. 07-409, § 1, 5-10-07)

Huntsville Code of Ordinances § 7-706 Requests for extension of time.

Sec. 7-706. - Requests for extension of time. Any person receiving official written notice of a violation of this article, or his duly authorized agent, may, within the time specified in said notice for requesting an extension, enter a request for an extension of the date or time for compliance to the housing board of adjustments and appeals. Such request must be in writing and must state the location of the property, the date of the notice of violation of this article, and the official notice number. The request must also state the hardship or reason for the request for additional time, and the amount of time that is requested. No request for an extension filed later than the time specified in said notice shall be acted upon by the housing board of adjustments and appeals unless the housing official shall consent thereto. (Ord. No. 07-409, § 1, 5-10-07)

Source: City of Huntsville, Alabama, publisher code (Municode) + enacted ordinances (City Council/Legistar)URL: https://library.municode.com/al/huntsville/codes/code_of_ordinances?nodeId=COOR_CH7BUBURE_ARTIXFEFetched: 11/6/2026