Township of Independence, NJ Nuisances, Public Health

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.

§ 407-2 Title.

The said code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."

§ 407-3 Copies on file.

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.

§ 407-4 Violations and penalties.

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.

Article II Noise

[Adopted 7-8-2008 by Ord. No. 2008-11]

§ 407-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

NOISE DISTURBANCE

Any sound:

Which is loud and unnecessary or unreasonable; or

Which annoys, disturbs, injures or endangers the comfort, health, peace or safety of a reasonable person of normal sensitivity.

PERSON

Any Individual.

§ 407-6 Noise disturbance prohibited; exemptions.

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)

Commercial activities which are licensed by this Township or are otherwise licensed or subject to regulation by the county, state or federal government.

(2)

Noncommercial public speaking and public assembly activities conducted in any public space or any public right-of-way.

(3)

Activities which are permitted by Township ordinance in any business, commercial/professional office or industrial zone.

(4)

Routine maintenance activities relating to equipment involved in lawn or landscaping care or maintenance and garbage collection or pickup of recyclables.

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)

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)

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)

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.

§ 407-7 Hours when applicable.

The provisions of this article shall apply between the hours of 11:00 p.m. and 7:00 a.m.

§ 407-8 Violations and penalties.

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.