[HISTORY: Adopted by the Borough Council of the Borough of Jersey Shore 5-3-1982 by Ord. No. 1005 (Ch. 4, Part 1, of the 1996 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Construction codes — See Ch. 140.
Zoning — See Ch. 300.
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:
A. 
Barbed wire.
B. 
Short, pointed fences.
C. 
Canvas fences.
D. 
Cloth fences.
E. 
Electrically charged fences.
F. 
Poultry fences.
G. 
Turkey wire.
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.