[HISTORY: Adopted by the Township Committee
of the Township of Oxford 12-18-1961 (Ch. 70 of the 1974 Township Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Adult establishments – See Ch. 95.
Alarm systems – See Ch. 107.
Alcoholic beverages – see Ch. 112.
Animals – See Ch. 118.
Unfit buildings – See Ch. 139.
Fire prevention – See Ch. 185.
Loitering – See Ch. 208.
Peace and good order – See Ch. 240.
Solid waste – See Ch. 280.
Abandoned and inoperable vehicles – See Ch. 319.
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Township of Oxford, County of
Warren, New Jersey, or its official representative.
The Sanitary Inspector of the Board of Health or, in the
absence thereof, such other person as may be delegated and appointed
by the Board to enforce its decisions.
Includes an individual, firm, corporation, association or
persons, partnership, and their agents or employees.
A.
The following matters, things, conditions or acts
and each of them are hereby declared to be nuisances and injurious
to the health of the people of this Township:
(1)
Pollution, or existence of a condition or conditions
which cause or threaten pollution, of any waters in this Township
in such manner as to cause or threaten injury to any of the people
of this Township, either in their health, comfort or property.
(2)
The escape into the open air from any stack, vent,
incinerator, chimney or any entrance to the open air, or from any
fire into the open air, of such quantities of smoke, fly ash, fumes,
vapors, mists or gases as to cause injury to the people of this Township
or endanger their comfort, health or safety.
(3)
The growth, existence or presence of ragweed, poison
ivy or other poisonous or noxious plants on any plot of land, lot,
highway, right-of-way or private place, within 20 feet of any building
where persons work or live.
[Amended 12-11-1974]
(4)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(5)
The existence or presence of any accumulation of garbage,
refuse, nature or animal or vegetable matter which is not in a tightly
covered container or which may attract flies and to which flies may
have access, or in which fly larvae or pupae breed or exist; provided,
nevertheless, that animal manure located on a bona fide farm and to
be used as fertilizer for agricultural purposes or gardening shall
not be considered as being within the scope of this section.
(6)
Depositing, accumulating or maintaining any matter
or thing which serves as food for rats or other rodents and to which
they may have access or which serves or constitutes a breeding place
or harborage for rats or other rodents in or on any land, premises,
building or other place.
(7)
The existence or presence of human excrement or material
containing human excrement, or sink or laundry wastes, deposited or
flowing over or upon the surface of the ground or which gains access
to the source of any public or private water supply.
(8)
The placing, dumping, depositing or accumulation on
private property, without permission of the owner, of any litter,
garbage, refuse, rubbish, manure or animal or vegetable matter.
(9)
The existence or presence of any accumulation of filth
or source of foulness which is hazardous to the health or comfort
of any of the people of this Township.
(10)
Any matter, thing, condition or act which is detrimental
or a menace to the health or comfort of the people of this Township.
(11)
Noise.
[Added 11-11-2020 by Ord.
No. 2020-13]
(a)
The making, continuing or causing to be made or continued by
any person of any loud, unnecessary or unusual noise or any noise
which does or is likely to annoy, disturb or endanger the comfort,
repose, health, peace or safety of others.
(b)
Without intending to limit the generality of Subsection A(11)(a), the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
[1]
Radios; televisions; phonographs. The playing, use or operation
of any radio-receiving set, television, musical instrument, phonograph
or other machine or device for 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 for 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, phonograph, 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, hooting, whistling or
singing on the public streets, particularly between the hours of 11:00
p.m. and 7:00 a.m., or at any time or place, which annoys or disturbs
the quiet, comfort or repose of persons in any office, dwelling, hotel,
motel or other type of residence or of any persons in the vicinity.
[3]
Animals; birds. The keeping of animals or birds which, by causing
frequent or long-continued noise, disturbs the comfort or repose of
any person in the vicinity, but nothing herein contained is intended
to apply to a dog pound or licensed kennel.
[4]
Horns. The sounding of a horn or warning device on an automobile,
motorcycle, bus or other vehicle, except when required by law, or
when necessary to give timely warning of the approach of the vehicle,
or as a warning of impending danger to persons driving other vehicles
or to persons on the street. No person shall sound a horn or warning
device on an automobile, motorcycle, bus or other vehicle which emits
an unreasonably loud or harsh sound, or for an unnecessary or unreasonably
period of time.
B.
It shall be unlawful for an owner, tenant or other occupant of any lot or land, building or structure or any other private property or premises within this Township to cause, create, commit, maintain or allow any nuisance, as defined in Subsection A of this section, in or on such land or premises or any part thereof. It shall be unlawful for any other person or persons to cause, create, commit or maintain within this Township any nuisance, as defined in Subsection A of this section.
C.
It is unlawful for any person to throw, drop, discard
or otherwise place litter of any nature upon any public or private
property other than in a litter receptacle. "Litter" means any used
or unconsumed substances or waste material which has been discarded,
whether made of aluminum, glass, plastic, rubber, paper or other natural
or synthetic material or any combination thereof, including but not
limited to any bottle, jar or can, or any top, cap or detachable tab
of any bottle, jar or can, any unlighted cigarette, cigar, match,
or any flaming or glowing material or any garbage, trash, refuse,
debris, rubbish, grass clippings or other lawn or garden waste, newspaper,
magazines, glass, metal, plastic or paper containers or other packaging
or construction material, but does not include the waste of the primary
processes of mining or other extraction processes, logging, sawmilling,
farming or manufacturing.
[Added 10-17-1991 by Ord. No. 91-11]
A.
It is unlawful for any person to discard, dump, throw
or drop in or upon any public property, street, road or highway, on
or off any right-of-way, any household or commercial solid waste,
rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances,
furniture or private property, except by written consent of the owner
of said property, in any place not specifically designated for the
purpose of solid waste storage or disposal.
[Amended 10-17-1991 by Ord. No. 91-11]
B.
Nothing in this chapter shall be construed to prohibit
the dumping of garbage, rubbish or other waste material which is permitted
to be dumped at the municipal dump, if any be established under proper
authority, provided that such dumping is in accordance with the ordinances
and regulations of the Board of Health pertaining thereto.
A.
It shall be unlawful for any person to rent, lease,
occupy or permit the occupancy of any building as a residence, or
for any person to reside in any building as its owner or tenant, which:
[Amended 12-11-1974]
(1)
Is not adequately and properly ventilated.
(2)
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Department of Health and Senior Services or a private supply
approved by the enforcing official.
(3)
Does not have plumbing fixtures, consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet, connected to the
potable water supply.
(4)
Does not have facilities for the discharge of all
household liquid wastes into a public sewerage system approved by
the State Department of Health and Senior Services or into a private
sewerage system approved by the enforcing official.
B.
Nothing herein shall preclude an owner from residing in or renting a separate one-family dwelling which, at the time of the passing of this chapter, does not have a bathtub or shower or flush toilet connected to the potable water supply, provided that the said premises do have existing thereon a proper privy vault constructed and maintained in accordance with this chapter, and provided further that no new construction or occupancy of a newly constructed dwelling house shall be permitted without compliance with Subsection A(1), (2), (3) and (4) of this section.
C.
No privy vault or cesspool shall hereafter be constructed
in the Township of Oxford without a permit for that purpose being
first obtained from the Board of Health. All privy vaults and cesspools,
for the construction of which permits may be granted, shall be built
in such a manner as the Board of Health shall direct and in compliance
with the rules of the State Department of Health and Senior Services.
D.
No privy vault or cesspool shall be maintained within
25 feet of any dwelling house situate upon lands of adjoining property
owners nor within 50 feet of any public street.
E.
The owner or occupant of any premises whereon a cesspool
or privy vault is located shall cause the same to be cleaned and the
contents thereof removed within 24 hours after receiving notice, in
writing, to that effect from the Board of Health.
F.
It shall be unlawful for the owner or owners who have
agreed to supply heat to any building designed to be occupied or occupied
as a residence by more than two families to fail to supply heat from
October 1 in each year to May 1 of the succeeding year in such manner
that the temperature of said building where one or more persons reside
shall always be kept as 68° F. or above between the hours of 6:00
a.m. and 10:00 p.m. and at 60° F. or above during all other hours.
A.
All places and premises in this Township shall be
subject to inspection by the Board or the Sanitary Inspector if the
Board or the Sanitary Inspector has reason to believe that a violation
of any section of this chapter may exist.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board or the Sanitary Inspector from
having full access to any place or premises upon which a violation
of this chapter is believed to exist.
A.
Whenever a nuisance, as declared by § 219-2 of this chapter, is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within 10 days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
[Amended 11-16-1989 by Ord. No. 89-10]
B.
If the owner resides out of the state or cannot be
so notified speedily, such notice shall be left at that place or premises
with the tenant or occupant thereof or posted on the premises, and
such action shall be considered proper notification to the owner,
tenant or occupant thereof.
C.
Whenever a nuisance as set forth in § 219-2 of this chapter is found on any public property or on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
D.
If the owner, tenant or occupant, upon being notified
as provided by this section, shall not comply with such notice within
the time specified therein and fails to remove or abate such nuisance,
the Board of Health shall proceed to abate the nuisance or may cause
it to be removed or abated in a summary manner by such means as the
Board shall deem proper.
E.
In addition to the penalties and remedies hereinbefore
set forth, the enforcing agency shall have the right, in its discretion,
to proceed in any court of this state or the courts of the United
States for appropriate relief by application for injunction or sanctions
as may be provided by law.
F.
Violations and penalties.
[Amended 12-11-1974]
(1)
Any person who violates § 219-2 of this chapter and who fails to abate any nuisance defined in § 219-2 after receiving notice thereof, within the time specified in said notice, or who violates any other section of this chapter shall, for each and every violation or offense, be subject to a fine of not more than $500 or imprisonment for a term not exceeding 90 days, or both, in the discretion of the Judge.
(2)
Each and every day such violation or offense continues
shall be deemed and constitute a separate and distinct violation of
this chapter and not as a continuing offense.
(3)
Each and every person who actually violates this chapter
and each and every person who, after receiving notice thereof, fails
to abate the same as hereinbefore required shall each severally be
liable for such violation and to the penalty hereinabove set forth.
A.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 219-2 of this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
B.
In all cases where brush; weeds, including ragweed;
dead and dying trees; stumps; roots; obnoxious growth; filth; garbage;
trash; and/or debris are destroyed or removed from any lands pursuant
to this chapter, the cost thereof shall be certified to the governing
body, which shall examine said certificate. If found correct, the
governing body shall cause the cost shown thereon to be charged against
said lands. The amount so charged shall forthwith become a lien upon
such lands and shall be added to 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 taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[Added 11-16-1989 by Ord. No. 89-10]
