Township of Toms River, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 252.
Land use and development regulations — See Ch. 348.
Streets and sidewalks — See Ch. 450.
Fences for swine — See Ch. 516, Art. I.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. I, Fences and Walls, adopted 11-27-1973 by Ord. No. 1378 as Ch. 81, Art. II, of the 1973 Code.

§ 291-1 Fences or walls with barbs or sharp projections; electrically charged fences.

No person shall:
A. 
Erect a barbed-wire fence or other fence or wall having barbed or sharp projections facing outward, or otherwise endangering the traveling public, adjacent to or along the line of any street, road, highway or public place.
B. 
Maintain, on lands owned or possessed by him or her, a fence or wall of the nature and kind, and having the possible consequences, described in Subsection A hereof, adjacent to or along the line of any street, road, highway or public place.
C. 
Erect or maintain a fence or wall of the nature and kind, and having the possible consequence described in Subsection A hereof, including, without limiting the generality of the foregoing, barbed wire, electrically charged or otherwise, unless the erection thereof is consented to by the adjoining owner or owners.

§ 291-2 Violations and penalties.

Any person convicted of a violation of any of the provisions of this article shall suffer a penalty of a fine of not exceeding $200 or imprisonment in the common jail of the County of Ocean for a term of not exceeding 30 days, or both, in the discretion of the Municipal Judge before whom such conviction is had.
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Fences and Plantings, adopted 11-27-1973 by Ord. No. 1378 as Ch. 81, Art. I, of the 1973 Code.

§ 291-3 Fence height between street and building line.

No person shall erect, permit or cause to be erected or constructed any fence on any parcel of land in this municipality between the public street and the building line, to a height exceeding 30 inches.

§ 291-4 Fence height on remainder of lot.

No person shall erect, permit or cause to be erected or constructed any fence on any parcel of land from the front building line back (including the sides and rear of the lot), to a height exceeding 72 inches.

§ 291-5 Permits for fences of solid construction.

No person shall erect or cause to be erected any fence unless a building permit is issued to permit construction of same and the appropriate fee paid as set forth in Ordinance No. 1167.[1]
[1]
Editor's Note: Said Ord. No. 1167, adopted 5-25-1971 (previously included as Ch. 60 of the 1973 Code), was repealed 12-22-1993 by Ord. No. 3018-93.

§ 291-6 Heights of vision-obscuring plantings on lots.

Every owner or tenant of lands lying within the Township of Toms River shall be required to keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet, measured from the grade at the curbline, except that trees shall be exempted from this section unless found specifically to present a traffic hazard.

§ 291-7 Failure to conform.

If such owner or tenant fails to cut such brush, hedges or other plant life to the prescribed height within 10 days after notice to cut the same, the Township Council may direct the appropriate Township department head to perform such cutting as is necessary to conform to the requirements of this article, and the appropriate Township department head shall utilize such Township personnel for said purpose as he or she deems appropriate.

§ 291-8 Cost to become a lien.

In all cases where brush, hedges and other plant life are cut from any lands within the limitations of this article, by or under the direction of the appropriate Township department head, the respective department head, or his/her designee shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 291-9 Violations and penalties.

Any person convicted of a violation of this article shall be fined not more than $1,000 or imprisoned for a term of not more than 60 days, or both, such penalty to be in addition to any other remedy permitted by this article and by statute, and not exclusive thereof.

§ 291-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:
A. 
Includes the plural as well as the singular of the word "person";
B. 
Includes and means person, persons, firm, partnership and corporation.