As used in this chapter, the following terms
shall have the meanings as indicated:
FENCE
Any structure, regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or dividing a piece of land into distinct portions.
FRONT YARD
Applies to that portion of the yard in front of the rear
building line of any building. All corner properties adjacent to a
public street, alley, or highway shall also be considered as a "front
yard" for the purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
HEIGHT
The distance measured from the existing grade to the top
of the fence.
No fence, wall or other type of construction
shall be erected without the approval of the Code Enforcement Officer.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A. Any person, or persons, corporation, firm or association
intending to erect a fence shall, before any work is commenced, make
application to the Code Enforcement Office on a form provided by the
same. Said application shall be accompanied by a plan or sketch showing
the proposed location of any fence and the materials proposed to be
used therein, which must be in accordance with this chapter and any
other pertinent local law regulating construction within the Borough
and shall be accompanied by an appropriate fee, as established from
time to time by resolution of Borough Council.
B. Upon approval by the Code Enforcement Officer, a permit
shall be issued which will be in effect for a period of six months
from the date thereon. Said permit shall be available on the job during
the progress of the work so that it may be inspected by proper officials.
No fence shall be more than six feet in height.
[Amended 9-17-1984 by Ord. No. 14-84]
Any fences erected under this chapter shall
be placed at least six inches from any property line. Any fence erected
in a front yard shall be placed at least one foot back from the sidewalk,
but in no event may it be less than one foot back from the front line
and/or property line. Except: Any fence may be erected on the property
line when the abutting property owner(s) agrees in writing and the
written agreement is sent to Borough Council. Payment and maintenance
of such fence shall be agreed upon in writing before any permit is
issued.
Any fence, wall or similar structure, as well
as shrubbery, which unduly cuts off light or air, which may cause
a nuisance, a fire hazard or a dangerous condition, or any obstruction
to combating fires, which may affect public safety, is hereby expressly
prohibited.
The following fences and fencing materials are
specifically prohibited:
E. Electrically charged fences.
H. Temporary fences, such as snow fences.
I. Expandable fences and collapsible fences, except during
the construction of a building.
All chain link fences shall be erected within
the closed loop at the top of the fence.
All entrances or gates shall open into the property.
Any fence, wood stockade, chain link or other
type of fence shall have the smooth side or finished side facing to
the outside of the property owner installing the fence. Fence posts
will be placed on the inside of the fence.
All fences or walls must be erected within the
property line, and none shall be erected so as to encroach upon a
public right-of-way or interfere with vehicular or pedestrian traffic
or interfere with visibility on corner lots and/or other structures
or vehicles, whether stationary or transitory, on private or public
property.
Any emergency or temporary type fence shall
be permitted only by prior approval by the Code Enforcement Officer,
and shall not remain more than six months.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Where Chapter
300, Zoning, of the Borough of Jersey Shore is in conflict with this chapter, Chapter
300, Zoning, shall take precedence.
All appeals from this chapter will be referred
to the Zoning Hearing Board of the Borough of Jersey Shore.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.