Tooele council reviews proposed fence standards for keeping farm animals

Tooele City leaders on Wednesday discussed proposed amendments to Tooele City Code 7-14-9 that would specify acceptable materials and anchoring standards for pens, corrals and fences used to keep farm animals within city limits.

The proposal, presented by Community Development Director Andrew Agard, would add three paragraphs that list permitted fence types and require that pens be contained on the owner’s property and be firmly attached to the ground. Agard said the change is intended to give code enforcement clear, objective standards to apply when neighbors complain about animals or makeshift fencing.

Agard told the council, “All pens, corrals, and fences used for confinement and keeping of animals shall be constructed of fencing materials, such as wire, vinyl, wrought iron, wood rails, and so forth, and shall exclude materials such as plywood sheets and pallets.” He also read proposed language that pens “shall not lean against or encroach upon an adjacent property line or fence” and that they “shall be firmly attached to the ground as supported by means of posts, stakes, or other structurally sound methods.”

The code currently allows farm animals in some zones without restriction and prohibits them in others. Agard said the city routinely faces enforcement difficulty because many properties claim animals are a longstanding, legally nonconforming use under Tooele City Code 7-3; staff cannot easily prove when animals were first kept on a property. The proposed ordinance focuses on fence materials and anchoring because those elements are observable and enforceable when a complaint is lodged.

Council members debated whether the draft language should explicitly exclude pallets and plywood. Some members said excluding certain materials would help code officers by creating clearer black-and-white rules. Others argued that a well-secured, painted pallet fence can resemble a conventional wood fence and that restricting materials could introduce new ambiguities. Several council members said the primary enforcement concern is containment and preventing owners from relying on neighbors’ fences; they favored requirements that fences be secured to the ground and contained on the owner’s property.

No formal vote was taken. Council members directed staff to advance the ordinance amendment through the public review process and indicated they would refine the language as part of that process.

Council members stressed that the amendment would not resolve all complaints often tied to animals (odor, flies or nuisance claims) because Tooele’s nonconforming-use rules allow longstanding uses to continue absent cessation. Agard and council members said the fence standards are intended to give code enforcement concrete criteria to address the recurring problem of unsecured or encroaching temporary fencing.

The item will be posted for public review and returned to the council with any recommended edits and public comments.