It shall be unlawful for any person to commit, maintain or allow pollutant(s) or existence of a condition or conditions which cause or threaten to cause pollutant(s) to enter any waters, soil or air in this municipality in such manner as to cause or threaten to cause injury to any of the inhabitants of this municipality either in health or property, and therefore such actions shall be declared a nuisance.
A. 
It shall be unlawful for any person to maintain or allow the growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way, any other public or private place or premises or impede other safe passage along roads and public rights-of-way in this municipality in such manner as to cause or threaten to cause injury; such actions shall be declared a nuisance and detrimental to public health.
B. 
It shall be unlawful for any person to maintain or allow the growth, existence or presence of poison ivy within 20 feet of any property line or plot of land, lot, highway, right-of-way, any other public or private place or premises or impede other safe passage along roads and public rights-of-way in this municipality in such manner as to cause or threaten to cause injury; such actions shall be declared a nuisance and detrimental to public health.
C. 
It shall be unlawful for any person to maintain or allow the overgrowth, existence or presence of any vegetation on any plot of land, lot, highway, right-of-way, any other public or private place or premises or impede other safe passage along roads and public rights-of-way in this municipality in such manner as to cause or threaten to cause injury; such actions shall be declared a nuisance and detrimental to public health.
It shall be unlawful for any person to create, maintain or allow any existence or presence of any water or other liquid in which mosquito larvae can breed or exist on any property in the Township; such actions shall be declared a nuisance and detrimental to public health.
It shall be unlawful for any person to commit, maintain or allow the existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist; such actions shall be declared a nuisance and detrimental to public health.
It shall be unlawful for any person to deposit, accumulate, or maintain any matter or thing which serves as food for insects, rodents and/or wildlife and to which they may have access or which serves or constitutes a breeding place or harborage for insects, rodents and/or wildlife in or on any land, premises, building or other place; such actions shall be declared a nuisance and detrimental to public health.
[Amended 8-15-2023 by Ord. No. 23-035]
All beekeepers within the Township of Hamilton shall follow all regulations pursuant to N.J.S.A. 4:6-24 and as amended. Any beekeeper and/or colony and or swarm of insects of the Hymenoptera order in violation of said regulations shall be declared a nuisance.
No person shall abandon or permit the abandonment on public or private property within the Township, or on any public street, of any motor vehicles owned by them or under their control or in their possession at the time of the abandonment, or cause any abandoned vehicles or vehicles in a state of substantial disrepair to be stored in the open, provided that motor vehicles in a temporary state of disrepair shall be allowed to remain for a period not exceeding 10 days, provided that the same are not abandoned vehicles as defined in this section. The abandoning of a vehicle per this chapter shall be declared a nuisance.
A. 
Fire pits are allowed as per New Jersey Fire Code 301 et seq. and/or state law, N.J.S.A. 5:70-3 et seq.
B. 
With regard to wood-burning fire pits, a screened cover shall be used.
C. 
It shall be unlawful for any person to burn the following, including but not limited to:
(1) 
Unseasoned firewood;
(2) 
Brush;
(3) 
Weeds;
(4) 
Grass;
(5) 
Leaves;
(6) 
Vegetative cuttings;
(7) 
Discarded building materials;
(8) 
Chemically treated wood;
(9) 
Chemicals;
(10) 
Combustibles;
(11) 
Trash;
(12) 
Rubbish;
(13) 
Garbage;
(14) 
Debris;
(15) 
Junk;
(16) 
Agricultural waste products; and
(17) 
Any other materials except as otherwise permitted by the New Jersey Fire Code and/or state law.
It shall be unlawful for any person to feed, in any public park or on any other property owned or operated by the Township, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers). The feeding of wildlife on property owned by the Township shall be declared a nuisance.
No person owning, harboring, keeping or in charge of any dog, cat or other animal shall cause, suffer or allow such dog, cat or other animal to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area or park, or any other place where people congregate or walk, or upon any public property whatsoever, or upon any private property without the permission of the owner of the property.
It shall be unlawful for any person to participate in or allow the disinterment or removal of animal remains buried in land used or intended to be used for the burial of the remains of pet animals and dedicated for such purpose; such actions shall be declared a nuisance and detrimental to public health.
A. 
A community cat shall be deemed a nuisance if it disturbs the peace by habitually howling, squawking, crying or screaming.
B. 
A community cat shall be deemed a nuisance if it desecrates or soils property against the wishes of the property owner, creates conditions leading to the excessive breeding of fleas or flies, and/or odors and/or or noises.
C. 
A community cat shall be considered a nuisance if it habitually trespasses upon or damages either private or public property or annoys or harms lawful users or occupants thereof.
A. 
The person designated by the Health Officer of the Township Division of Health to enforce the provisions of this article shall, upon receipt of a complaint that an animal is a public nuisance, seize the animal or trap it in a humane-type trap for trapping animals alive and keep it in their care and custody for a period of seven days from the date of apprehension as per N.J.S.A. 4:19-15.16(d), as same may be amended.
B. 
If any animal so apprehended bears any identification of ownership, the enforcement officer shall, on the day of apprehension, notify the owner that the animal has been apprehended and that it may be claimed at a designated location subject to the provisions of this article.
A. 
It shall be unlawful for any person to discharge any fireworks and/or dangerous fireworks in the municipality on private property or any property owned or operated by the Township. Discharge of said defined fireworks and/or dangerous fireworks any time of day or night shall be declared a nuisance.
B. 
Exclusions.
(1) 
The use of sparkling devices and/or novelties.
(2) 
The public fireworks displays conducted by a licensed professional fireworks company upon authorizing resolution by Township Council permitting and approved by the State of New Jersey, Department of Community Affairs, Division of Fire Safety.
[Added 8-15-2023 by Ord. No. 23-035[1]
A. 
It shall be unlawful for any person to cause, suffer, allow or permit the operation of any source of sound outdoors within 100 feet of the residential property line from the hours of 10:00 p.m. to 7:00 a.m. on a weekday and 11:00 p.m. to 7:00 a.m. on the weekend.
B. 
Excluding emergency work, the following standards shall apply to the activities or sources of sound set forth below. Any violation of said standards shall be deemed a violation by the police:
(1) 
Power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
(2) 
Power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g., commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g., golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
(3) 
All construction and demolition activity shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound reduction device.
(4) 
Self-contained, portable, nonvehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 100 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment operated on a public space or public right-of-way shall not be plainly audible at a distance of 100 feet in any direction from the operator.
(5) 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by Police. Prima facie evidence of a violation of this section shall include but not be limited to:
(a) 
Vocalizing (howling, yelping, barking, squawking, etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or
(b) 
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
(c) 
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
C. 
It shall be unlawful for any person to cause, suffer, allow or permit the operation of any source of sound outdoors such as from a sound producing device habitually and/or persistently that is plainly audible from a distance of 300 feet of the residential property line of the originating sound.
[1]
Editor's Note: This ordinance also redesignated former §§ 317-17 through 317-21 as §§ 317-18 through 317-22.
A. 
All places and premises in this municipality shall be subject to inspection by the Division of Health, Police, or an enforcing official, if the Division, Police or that official has reason to believe that any section of this chapter is being violated.
B. 
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Division of Health, Police or an enforcing official from having full access to any place or premises upon which violation of this chapter is believed to exist.
A. 
Whenever a nuisance, as declared by this chapter, is found on any plot of land, lot, right-of-way, or other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein. The notice shall be sent by regular mail and certified mail, return receipt requested, directed to the last known address of the owner, tenant or occupant in possession of the lands, and may be served upon the owner, tenant or occupant personally, or by leaving it at their usual place of abode. If the owner resides out of state or cannot be notified speedily, such notice shall be left at the 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.
B. 
Whenever a nuisance, as declared by this chapter, is found on any public property or on any highway or other public place or premises, notice, in writing, shall be given to the person responsible to remove or abate same within such time as shall be specified therein. The notice shall be sent by regular mail and certified mail, return receipt requested, directed to the last known address of the person responsible and may be served upon the person in charge personally, or by leaving it at their usual place of business. If such person fails to comply with such notice within the time specified therein, the Township may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private place or premises.
C. 
If the owner, tenant or occupant, upon being notified as provided by this chapter, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Township shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Township shall deem proper.
A. 
If the owner, tenant or person in possession of the lands in question shall refuse or neglect to abate or remedy the condition complained of within such time as specified therein pursuant to this chapter, the enforcing official shall issue a summons to the owner, tenant or person in possession for violation of this chapter and/or shall cause the condition complained of to be abated and remedied by the Department of Public Works, which shall certify the cost thereof to the Department of Finance, who shall cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon the such lands and shall be added to become and form part of the taxes next to be assessed and levied upon such lands, and such amount shall bear interest at the same rate as taxes, and shall be collected and enforced by the same official and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.
B. 
When the owner, tenant or person in possession of the property in question or person having possession or control of the abandoned vehicle has failed to remove same after being sent or provided with the notice described in § 317-19, then the enforcing official shall be authorized to arrange for the prompt removal of the vehicle. The owner or tenant or person having possession or control of the abandoned vehicle shall pay and be responsible for all towing and removal costs, including reasonable overhead, incurred by the Township in effecting such removal.
[Amended 8-15-2023 by Ord. No. 23-035]
The provisions of this chapter shall be enforced by the Division of Health, Police or other enforcing officials within the Township.
Any person who violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties in Chapter 1, General Provisions, § 1-2, Violations; penalties, of the Township Code, per violation.