[HISTORY: Adopted by the Board of Health
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Swine — See Ch. 415.
[Adopted 10-14-1956 (Ch. 172 of the 1984 Code); revised
and readopted 12-10-1984 by Ord. No. 84-10]
Pursuant to Chapter 188, Laws of 1950, N.J.S.A.
26:3-69.1 through 3-69.6, the code known as the "Public Health Nuisance
Code of New Jersey (1953)" is hereby established and adopted in its
entirety, defining and prohibiting certain matters, things, conditions
or acts, and each of them, as a nuisance; authorizing the inspection
of premises by an enforcing official; providing for the removal or
abatement of certain nuisances and recovery of expenses incurred by
the Board of Health in removing or abating such nuisances; and prescribing
penalties for violations. A copy of said code is annexed hereto and
made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this
article is described and commonly known as the "Public Health Nuisance
Code of New Jersey (1953)."
Three copies of the said Public Health Nuisance
Code of New Jersey (1953) have been placed on file in the office of
the Secretary of the Independence Board of Health upon the introduction
of this article and will remain on file there for use and examination
by the public.
Any person who violates or neglects to comply
with any provision of this article or code established herein or notice
issued pursuant thereto shall, upon conviction thereof, be liable
to a penalty of not less than $2 nor more than $500 for each violation.
[Adopted 7-8-2008 by Ord. No. 2008-11]
As used in this article, the following terms
shall have the meanings indicated:
Any sound:
A.Â
No person shall unreasonably make, continue or cause
to be made any noise disturbance. The following activities shall be
deemed exempt from the operation of this section:
(1)Â
Commercial activities which are licensed by this Township
or are otherwise licensed or subject to regulation by the county,
state or federal government.
(2)Â
Noncommercial public speaking and public assembly
activities conducted in any public space or any public right-of-way.
(3)Â
Activities which are permitted by Township ordinance
in any business, commercial/professional office or industrial zone.
(4)Â
Routine maintenance activities relating to equipment
involved in lawn or landscaping care or maintenance and garbage collection
or pickup of recyclables.
B.Â
The following acts, among others, are declared to
be loud, disturbing and unnecessary noises in violation of this article,
but said enumeration shall not be deemed to be exclusive, namely:
(1)Â
Radios; television; stereo equipment: the playing,
use or operation of any radio receiving set, television, musical instrument,
stereo equipment or other machine or device or the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of neighboring inhabitants or with louder volume than is necessary
for convenient hearing or persons who are in the room, vehicle or
chamber in which the machine or device is operated and who are voluntary
listeners. The operation of such a set, instrument, stereo equipment,
machine or device so that it is clearly audible at a distance of 100
feet from the building, structure, or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(2)Â
Yelling; shouting: yelling, shouting or any other
noise disturbance in the public streets, or any other place, which
annoys or disturbs the quiet, comfort or repose of persons in any
office, dwelling or motel or of any persons in the vicinity.
(3)Â
Animals: the keeping of animals which cause a frequent
or long continued noise, disturbing the comfort or repose of any person
in the vicinity; nothing herein shall apply to an animal control shelter
or kennel licensed in accordance with Township ordinances nor to any
animals associated with any farming or agricultural operation.
The provisions of this article shall apply between
the hours of 11:00 p.m. and 7:00 a.m.
Any person violating any provisions hereunder
shall be subject to a fine of no less than $100 and no more than $500
for a first offense. Any person violating this article for a second
or subsequent offense shall be fined no less than $250 nor more than
$1,000.