[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
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.
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]]
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.
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.
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]
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.
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.
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.
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.
