Originally posted to the web in News, on Wednesday, December 17, 2008 9:22 AM CST.
Council OK’s barbed wire, electric fences - sometimes
By Janet DelTufo, Assistant Editor
Barbed wire and electric fences will now be permitted in the Town of Wickenburg on a case by case basis if a resident can prove his or her property is being damaged by roaming cattle.
The new ordinance, which will take effect in 30 days, was approved earlier this week by the Wickenburg Town Council to assist those who have problems with livestock on their property.
“Staff is proposing an ordinance that would allow for the installation of a barbed wire fence or electric fence upon conditions that a property owner presents evidence that their property is being damaged by roaming livestock,” Town Planner Steve Boyle told the council.
“Since Wickenburg does have roaming cattle around the region,” he added, “it would only seem appropriate for a property owner to ask the zoning administrator for this type of fencing to prevent any further damage to their property.”
Arizona is an open range state, meaning it is up to property owners to keep unwanted cattle off their property rather than to require cattle owners to keep livestock off neighboring property.
The council grappled with the ordinance, and it almost went back to staff for additional work before Vice Mayor John Cook made the motion to approve the ordinance.
Cook thought perhaps instead of a case by case basis in determining who should be allowed this type of fencing, that particular areas should be zoned for the purpose of allowing barbed wire or electric fencing.
“If you create certain boundaries, then the resident does not have to come in and ask for the permit,” Cook said.
Councilmen Tim Zobel and Scott Stewart did not agree with Cook. They felt that this type of fencing should not be limited to a certain area or a particular residence, but should be allowed for any resident who would like to install this type of fencing.
“I would not vote for this as written,” Zobel said. “I am with property owners, and if they want to put up these fences, so be it.”
Councilman Chris Band reminded his fellow council members that the ordinance cut down the middle of the arguments presented by Cook and Zobel/Stewart.
Attorney Susan Goodwin also told the council that this ordinance would most likely assist the town when it came to annexing large amounts of open land.
“Currently the town prohibits these fences,” Goodwin said. “When we started to address these issues regarding newly annexed avreas, we realized that discouraging these fences would probably discourage annexation.”
The motion was approved 4-3. Voting against were Stewart, Zobel and Councilman Rui Pereira.
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