Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hamilton 12-15-1997 by Ord. No. 1293-97. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 99.
Animals — See Ch. 105.
Unfit buildings — See Ch. 130.
Unsafe buildings — See Ch. 133.
Canvassers, peddlers and solicitors — See Ch. 137.
Curfew — See Ch. 150.
Excavations — See Ch. 163.
Littering — See Ch. 210.
Noise — See Ch. 214.
Obscene materials — See Ch. 220.
Peace and good order — See Ch. 228.
Processions, parades and pubic assemblies — See Ch. 235.
Outdoor sporting events — See Ch. 261.
Solid waste — See Ch. 258.
Abandoned vehicles — See Ch. 288.

§ 217-1 Declaration of policy.

The making, creating or allowing of certain nuisances, including excessive noise, smell, permitting of the standing of certain garbage or refuse, permitting of excessive noises from sound-producing systems of any sort, nature or type and certain animal noises are declared to be a serious hazard to the public health, safety, welfare and the quality of life. There is a substantial body of science and technology which exists by which excessive sounds, noises, smells and other nuisances should and can be abated and in full recognition that people have the right to and should be ensured an environment free of these types of nuisances and/or noises. It is therefore the policy of the Township of Hamilton to prevent excessive sounds, smells, fumes, smokes, standing garbage or refuse, sound-producing systems, loud animal noises and the like. They may jeopardize the health, safety and welfare of the citizens and otherwise denigrate the quality of life in the Township of Hamilton.

§ 217-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOUNDARY
An imaginary line along the ground surface and its vertical extension, which separates the real property owned, leased or otherwise controlled by one person from that owned, leased or otherwise controlled by another person.
CARCASSES OF ANIMALS
All carcasses of animals, including fish, remaining exposed 12 hours after death.
ESTABLISHMENTS OR STRUCTURES EMITTING NOXIOUS ODORS
All establishments or structures which emit, generate or cause hazardous, noxious or toxic dust, vapor, smoke, fumes, mist, odors, smells or conditions.
GARBAGE or REFUSE
Unwanted or discarded waste materials in a solid or semisolid state consisting of garbage, rubbish or a combination thereof.
LITTER, TRASH, REFUSE OR RUBBISH ON PUBLIC OR PRIVATE PROPERTY
All ashes, cinders, slops, filth, excrement, boards, sawdust, wood, metal shavings, rubber, old tires, discarded plastic containers or wrappers, oil, coal, gas, paint, dirt, dust, straw, soot, boxes, barrels, kegs, crates, cans, cartons, paper, trash, manure, brush, rags, vehicle parts, garbage, putrid fish, meat, entrails, decayed fruits or vegetables, wastewater, animal or vegetable products or matter, dead animals, broken glass, bones, foliage or other unwanted or discarded substances thrown, cast, dropped, left, blown, spilled, poured, discharged, swept, left or deposited by any one in or upon any premises, except grass, leaves, chipped brush, weeds, chipped foliage, shrub cuttings or clippings or unharvested vegetable waste grown on the premises.
MOTOR VEHICLE
Any vehicle defined as a motor vehicle by and pursuant to the provisions of Title 39 of the New Jersey Statutes Annotated.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse effect on humans.
NOISE DISTURBANCE
Any sound which:
A. 
Endangers or injures the safety or health of humans or animals;
B. 
Annoys or disturbs a reasonable person of normal sensitivities; or
C. 
Endangers or injures a person's personal or real property.
PERSON
Any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative or agent thereof.
PERSON RESPONSIBLE FOR PUBLIC NUISANCE
The property owner or any person who causes or permits a public nuisance to occur or reign upon the property and includes, but is not limited to, the owner, the lessors, tenants or other persons permitted on the property or entitled to control the property.
PUBLIC NUISANCE
An act or omission to act a condition or use of a property which either annoys, injures or endangers the comfort, repose, health or safety of the public; offends public decency; decreases the value of nearby property; or in any way renders other persons insecure in life or in the use of their property.
RUBBISH
Solid waste consisting of combustible and noncombustible waste materials from residential, commercial, industrial and institutional establishments, including yard waste and items commonly referred to as "trash."
SOUND REPRODUCING SYSTEM
Any mechanical or electrical device or any other device which when used for its intended purpose creates excessive noise or is capable of creating excessive noise. By way of example, it would include, but is not limited to, radios, lawn mowers, various construction instruments, including drills and saws, any loud-speaking device, any appliance or instrument capable of producing radio broadcast or used for the purposes of playing records, tapes or compact discs, windchimes or any other instrument capable of producing excessive noise. Specifically excluded are church bells and police and fire rescue sirens.
SUBSTANCES EMITTING NOXIOUS ODORS
All substances which emit, generate or cause noxious or toxic odor, dust, vapor, fumes, mists or smoke on the property where they exist or any adjoining properties.
WASTEWATER
All foul, dirty or polluted water or other liquid deposited or allowed to remain upon any premises.

§ 217-3 Prohibition of nuisances.

A. 
No person shall create, permit any public nuisance to exist or cause to be created or exist.
B. 
Specific public nuisances declared. The following specific acts, omissions, places, conditions and things are hereby declared to be a public nuisance and are therefore prohibited from being erected, maintained, used or existing, placing, depositing, causing, allowing, leaving or permitting to be or remain on any private property, building, structure or other premises or any public property or private or public place in the Township of Hamilton:
(1) 
Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats or which are foul, malodorous or otherwise unsafe.
(2) 
Filthy, littered or trash-covered premises, including all buildings, structures thereon or areas adjacent thereto.
(3) 
Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding excelsior, packing hay, straw or other packing material and any other material not stored in such a way that it would be safe and which will attract flies, mosquitoes or other rodents to breed or multiply or to provide harborage for rats, mosquitoes, flies or which may be a fire hazard.
(4) 
Any putrid, unsound, unwholesome bones, meats, hides, skins or parts of any dead animal, fish or fowl, butchers' trimmings and offal or waste vegetable or animal matter in any quantity or garbage (except garbage in temporary retention of waste and receptacles in a manner approved by the township).
(5) 
The making, causing or permitting to be made, by means of any whistle, rattle, bell, gong, clapper, hammer, drum, sound truck, loudspeaker, phonograph, radio or other sound-amplifying devices or horns or other mechanical devices or by outcry, loud-speaking, singing or by any other means making any discordant and unnecessary noise of any kind which annoys any number of persons lawfully in the immediate area.
(6) 
Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities which would annoy a person of reasonable sensitivity.
(7) 
Noisy animals. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking or the making of other noises or keeping or harboring of any fowl which by frequent, habitual crowing or the making of other noises shall annoy or disturb a person lawfully upon adjoining property, which person being of reasonable sensitivity.
(8) 
Substances emitting noxious odor. All substances which emit or generate or cause noxious or toxic odor, dust, vapor, fumes, smoke or mist onto the adjoining lands. This would include, but is not limited to, excessive smoke from outdoor barbecue grills.
(9) 
Wastewater. Any foul, dirty or polluted water or liquid deposited or allowed to remain upon any premises.

§ 217-4 Noise.

A. 
Nothing in this chapter shall affect or supersede or in any way have an impact upon Chapter 214, Noise, also known as Ordinance No. 930-86 of the Township of Hamilton.[1] Ordinance No. 930-86 shall remain in full force and effect and to the extent that the terms and provisions of this chapter are inconsistent with Ordinance No. 930-86, then and in that event, as it relates to noise, the terms and provisions of Ordinance No. 930-86 shall control.
[1]
Editor's Note: Ordinance No. 930-86 was superseded by Ord. No. 989-89, which is the current Chapter 214, Noise.
B. 
It shall be unlawful and a violation of this chapter for any person to create or permit to exist any sounds at such a level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life and property. It shall also be a violation of this chapter if any person makes unnecessary noise so as to annoy or disturb the quiet comfort or repose of persons in the vicinity or persons who are lawfully upon an adjoining property to the property where the noise is emanating from.
C. 
Prohibited noise generally. No person shall operate or permit to be operated any noise source which generates a sound pressure level exceeding the levels set forth in Ordinance 930-86.
D. 
Radios, phonographs and similar devices. No person shall operate or permit the playing of any radio, photographic, CD player, music sound system, cassette or other similar device which produces, reproduces or amplifies sound or any musical instruments in such a manner or with such volume to disturb or annoy the quiet comfort or repose of reasonable persons.

§ 217-5 Violations and penalties.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $200; upon the conviction of a second offense shall be punished by a fine not to exceed $500 and imprisonment not to exceed 10 days; and upon a conviction of a third offense $1,000 and imprisonment not to exceed 30 days.