As used in this article, the following terms shall have the meanings indicated:
TEMPORARY DEER FENCE
A square-mesh or hexagonal mesh fence, with a mesh size of approximately two inches by two inches, used to protect gardens, vegetation, and yards from deer or other wildlife.
Open fencing designed for the purpose of repelling or preventing the travel or entry of deer may be installed in rear and side yards only, as those terms are defined by the Code of the Borough of Hopatcong. The control of deer by the construction of deer fencing shall be subject to the following regulations:
A. 
No deer fence shall be erected, constructed, or installed which is over eight feet in height;
B. 
Deer fences shall only be constructed of a polypropylene material or a metal core covered by polypropylene material only;
C. 
Deer fencing may not be attached to trees, and must be securely supported by posts or attached to existing fencing, and shall be installed in accordance with manufacturer specifications;
D. 
Deer fencing must be safety staked or secured at ground level and may not have caps or rails or other decorative or nonfencing material at its top edge;
E. 
Deer fencing materials shall be the same color with colors limited to black, brown, or green to harmonize with the surrounding landscape of the area.
In order to construct deer fencing, a permit for said construction shall be required. A sample of the proposed fencing material must be submitted to the Zoning Officer for approval as to material strength, durability, warranty, gauge suitability and compliance in order for a permit to be obtained.
A. 
Deer fencing and its installation shall be maintained in good condition and be subject to periodic inspection by the Zoning Officer to assure that it has not deteriorated, come loose or has otherwise become a visual or safety nuisance or hazard.
B. 
Enforcement and penalties for violations hereof shall be in accordance with the Code of the Borough of Hopatcong regarding property maintenance.[1]
[1]
Editor's Note: See Ch. 179, Property Maintenance.