[HISTORY: Adopted by the City Council of
the City of Hackensack 10-20-1997 by Ord. No. 22-97.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 52.
Brush, weeds and debris — See Ch. 68.
Exterminators; fumigation; vermin control — See Ch. 84.
Garbage, rubbish and refuse — See Ch. 93.
Health and sanitation — See Ch. 97.
Housing and property maintenance — See Ch. 100.
Littering — See Ch. 109.
Noise — See Ch. 112.
Peace and good order — See Ch. 119.
Smoke emission — See Ch. 145.
As used in this chapter, the following terms
shall have the meanings indicated:
Any waste material in the process of or subject to decomposition
or decay incident to ordinary domestic or business use or purpose
and shall include, among other things, kitchen refuse, animal or vegetable
matter and decaying and decomposing substances.
Small tree branches, hedge, bush and vine trimmings, stalks
of vegetables and plants, grasses, weeds and similar substances and/or
materials found in residential yards.
Includes all miscellaneous materials such as rags, paper
products, cardboard, cartons, leather goods, rubber, bottles, tin
cans, broken glass, crockery and/or any similar materials or substances
but shall not include logs, earth, sand, bricks, mortar or other substances
which may accumulate from building operations.
A.
The practices or conditions enumerated in Subsection B below are hereby declared to be nuisances, but such enumeration shall not be deemed to be exclusive.
B.
Nuisances enumerated.
(1)
The placing or depositing or allowing to remain in
or upon any street or public place, or in or upon any open lot or
public or private property, of any dead animal or any part of the
same, any offal or garbage, any carrion or putrid meat, any manure
or compost, sewage, tin cans, decaying fruit, vegetables, fish, meat
or bones, oyster or clam shells or any foul or obnoxious substances
whatsoever.
(2)
Throwing upon or allowing to flow from premises upon
any street or public place, open lot or public or private property
or allowing to collect upon the surface of any premises any wastewater,
dirty water, slop, stable drainage, liquid filth, overflow from cesspool
or septic tank or any offensive liquid matter whatsoever.
(3)
Any full, foul or leaky septic tank or cesspool or
other receptacle for filth.
(4)
Allowing or permitting any night soil, garbage or
any offensive or decomposing solid or fluid matter or substance to
leak or ooze or escape from any cart, wagon or vessel in which the
same may be conveyed or carried; the carrying or conveying through
any street of any substance which has been removed from any septic
tank or cesspool, unless the same shall be enclosed in airtight receptacles.
(5)
Constructing or maintaining, or permitting to be constructed
or maintained, any well or other supply of water used for drinking
or household purposes which is polluted in any manner that may render
such water injurious to heath or which is so situated or constructed
that it may become so polluted.
(6)
Maintaining or permitting to be maintained any pool,
pond, ditch, stream or other body of water, any cistern, septic tank,
cesspool, rain barrel or other receptacle containing liquid in which
the mosquito larvae or pupae exist.
(7)
Permitting any leaking, unclean or filthy sink, water
closet, urinal or other plumbing fixture in any building used or occupied
by humans or any defect or stoppage in any waste pipe or drain or
in any sink, basin, water closet or other plumbing fixture or in any
traps attached to said waste pipe, soil pipe or drain.
(8)
The storing or cleaning within 300 feet of any dwelling
of any cart, tank or barrel used in removing the contents of cesspools
or septic tanks.
(9)
Allowing any building to be occupied as a tenement
house, apartment house, dwelling house or factory building without
a plentiful supply of pure water suitable for domestic or personal
requirements by any person who is responsible for such provisions
by reason of ownership, possession or agreement or in which the water
supply has been turned off for any reason, except to repair faulty
plumbing.
(10)
Allowing any dog to run at large or come in
contact with children or any persons other than of the immediate household
of the owner if, in the opinion of the Health Officer, the dog is
vicious and hazardous or if it molests pedestrians or others without
provocation; such dogs, if taken out, must be muzzled or on a leash.
(11)
Shaking mops, carpets or receptacles and discarding
household or trade dirt or waste from any roof, window or porch of
any building in the city.
(12)
Garbage, rubbish, refuse and manure.
(a)
The existence or presence of any accumulation
of garbage, refuse, rubbish, manure, animal or vegetable matter which
may attract flies and to which fly larvae or pupae breed or exist.
(13)
Sunken lots or lots below grade where stagnant
water gathers or is collected; such lots or lands shall be filled
with fresh earth or other approved substitute.
(14)
The depositing on or use for filling up or raising
the surface or level of any lot, grounds, docks, wharf, pier, street
or alley in the city of any animal or vegetable substance or garbage
or street sweepings, mulch, silt or dirt gathered in cleaning yards,
buildings, sewers, docks or slips or of water from mills or factories,
or of any materials which are offensive to health or tend to decay,
to become putrid or to render the atmosphere impure or unwholesome.
(15)
Any noise, odor, light, contact or other condition
which disturbs the quiet or repose of others in the neighborhood to
the detriment of the health of any human being.
(16)
Any trade, industry or business that is noxious
or offensive by reason of the emission of odor, dust, smoke, gas,
noise or light.
(17)
The gathering or collection or the permitting
of an accumulation of water, rubbish or refuse upon any lot or parcel
of land within the city.
(18)
The maintenance, ownership, control or management
of any sunken or excavated lot below the grade of the sidewalk adjacent
thereto without providing and maintaining in good repair a proper
fence to protect persons from falling into such lot.
(19)
Use of public streets, alleys, sidewalks or
entrance areas to stores or other public buildings for the purpose
of begging or for the purpose of selling or otherwise disposing of
medicines, salves, lotions, jewelry or other articles of trade or
commerce either on foot or from stands or vehicles with or without
any device for attracting crowds, unless the same is otherwise allowed
by virtue of any permit or license granted under this Code.
(20)
The growth, existence or presence of ragweed
on any plot of land, lot, highway, right-of-way or any other public
or private place.
(21)
The growth, existence or presence of poison
ivy, poison oak or similar poisonous plants within 25 feet of any
property line.
(22)
Any other unsanitary condition that is defined
as a nuisance by the Health Code of Hackensack or by the State Board
of Health, the State Sanitary Code or the state laws.
(23)
Construction activity (meaning any site preparation, assembly,
erection, repair, alteration or similar action of buildings or structures),
or demolition activity (meaning the dismantling, destruction or removal
of buildings, structures, or roadways) that is audible outside of
the property where such activity is taking place, (1) between the
hours of 6:00 p.m. and 7:00 a.m. on weekdays; (2) between the hours
of 6:00 p.m. and 9:00 a.m. on Saturdays and federal holidays; (3)
at any time on Sundays. It shall similarly be a nuisance to operate
or permit the operation of any tools or equipment used in construction,
drilling, earthmoving, excavation or demolition work at any of these
times, if audible outside of the property where such activity is taking
place. The foregoing restrictions shall not include emergency work
essential to save lives and protect property and public health and
safety, or if an exemption is granted by the City Council by resolution
for good cause.
[Added 5-8-2018 by Ord.
No. 18-2018]
(24)
Noise from domestic power tools, lawn mowers and agricultural
equipment, whether or not operated with a muffler, that is audible
outside of the property where such activity is taking place, (1) between
the hours of 8:00 p.m. and 8:00 a.m. on weekdays; (2) between the
hours of 8:00 p.m. and 9:00 a.m. on weekends and federal holidays.
[Added 5-8-2018 by Ord.
No. 18-2018]
(25)
Discharge of wastewater generated by draining a swimming pool
or backwashing a swimming pool filtration system that overflows onto
property not belonging to the property owner, or that when discharged
contains residual chlorine that exceeds 0.1 mg/l (parts per million).
[Added 5-8-2018 by Ord.
No. 18-2018]
(26)
Consuming cannabis (as that term is defined in the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act, P.L. 2021, c. 16), whether or not obtained legally, by means
of smoking, vaping or aerosolizing in any public place within the
City of Hackensack. For purposes of this provision, a "public place"
is defined as any place to which the public has access that is not
privately owned; or any place to which the public has access, including,
but not limited to, a public street, roadway, thoroughfare, sidewalk,
bridge, alley, plaza, park, playground, swimming pool, shopping area,
public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area. The foregoing prohibition shall further include cannabis
or medical marijuana dispensed to registered qualifying patients pursuant
to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009,
c. 307.
[Added 5-10-2022 by Ord.
No. 21-2022]
Any and every nuisance is hereby prohibited and forbidden in the city, and any person making, causing or permitting such nuisance shall, upon conviction thereof, be punished as provided in § 1-15 of Article I of Chapter 1, General Provisions. In addition, if any person shall refuse or neglect to remove any foul or otherwise obnoxious or hurtful thing or matter or if any person shall refuse or neglect to abate any nuisance, then the city may proceed under the provisions of N.J.S.A. 26:3-45 et seq. to remove any such nuisance and to recover by action of debt against such person the expense incurred by the city for such removal.
