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Open Fence
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the ground.
(b) A minimum height of 60 inches.
(c) A maximum vertical clearance from the ground to the bottom of the enclosure of two inches.
(d) Gaps or voids, if any, do not allow passage of a sphere equal to or greater than four inches in diameter.
(e) An outside surface free of protrusions, cavities, or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. (California Health and Safety Code, nd, p. 1)
I. Zoning Laws in Municipalities
Zoning...
It should be noted that the 5- and 10-foot side yards may be on either side of the house, but one side-yard setback must be 10 feet." (City of Redding, California, nd, p. 1) This leads the researcher to believe that the construction of a fence in a residential area must be "setback" from the owner's property line a certain distance and are likely to fall within the same height guidelines as on the municipality in question in this study. However, there are regulations in the state of California that prohibit construction of fences that serve to block the sunlight or airflow within a residential district.
II. Constitutional Law
The right to privacy on one's property is separate and apart in the law from zoning requirements on erection of fences in the backyard of residential property. Privacy, is reported in the work of Standler (1997) to be "the expectation that confidential personal information disclosed in a private place will not be disclosed to third parties, when that disclosure would cause either embarrassment or emotional distress to a person of reasonable sensitivities." (p. 1) The right of privacy is restricted to individuals "who are in…
References
Fleming & Curti (2001) American with Disabilities Act Overrides Local Zoning Rules. Elder Law Issues, 5 Nov 2001. Vol. 9, No. 19. Retrieved from: http://www.elder-law.com/2001/Issue919.html
Fences (nd) City of Redding California. Development Services Department. Retrieved from: http://www.ci.redding.ca.us/pmtctr/graphics/planningPDF/pln111.pdf
Standler, R. (1997) Privacy Law in the United States. Retrieved from: http://www.rbs2.com/privacy.htm
California Codes: Health and Safety Code (nd) Section 115920-115929. Retrieved from: http://www.cdph.ca.gov/HealthInfo/environhealth/water/Documents/RecHealth/SwimmingPoolSafetyAct.pdf
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