[HISTORY: Adopted by the Board of Health
of the Borough of Beach Haven 4-9-1984 by Ord. No. 84-12. Amendments noted where
applicable.]
A code defining and prohibiting certain matters,
things, conditions or acts and each of them as a nuisance, prohibiting
certain noises or sounds, requiring the proper heating of apartments,
prohibiting leases or rental of certain buildings, prohibiting spitting
in or upon public buildings, conveyances or sidewalks, authorizing
the inspection of premises by an enforcing official, providing for
the removal or abatement of certain instances and recovery of expenses
incurred by the Borough in removing or abating nuisances and prescribing
penalties for violations is hereby established pursuant to Chapter
188 of the Laws of 1950. A copy of the code is annexed hereto and
made a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this chapter
is described and commonly known as the "Public Health Nuisance Code
of New Jersey (1953)."
Three copies of the Public Health Nuisance Code
of New Jersey (1953) have been placed on file in the office of the
Borough Clerk and will remain on file there for the use and examination
of the public.
[Added 5-9-2011 by Ord. No. 2011-11C]
Other nuisances not established in the Public Health Nuisance
Code of New Jersey (1953) are hereby identified and the violation
of any standards hereinbelow set forth shall be punished pursuant
to the general penalty provisions of this Code.[1]
A.
Dust generated by cutting of brick pavers, brick, concrete blocks,
stone and fiberglass is inimical to public health and is, therefore,
declared a nuisance and the following procedures must be observed.
Any person, firm, corporation, or other legal entity engaged in cutting
any stone or masonry products, including, without limitation, brick
pavers, bricks, concrete blocks and stone shall perform such cutting
only by using water-dampened cutting disks or water-dampened cutting
saws to control as much as may be practicable the dispersion of dust
generated by such cutting, and any person, firm, corporation or any
legal entity sanding any fiberglass product or fiberglass deck shall
do so only with a sander equipped with a vacuum-type bag to capture
to the greatest extent possible the particles of ground fiberglass
generated by the cutting or sanding operation.
B.
Water drainage
and accumulation. The downspout runoff, sump pump discharge or drainage
of water from any premises or building which results in the accumulation
of ice, stagnant water or discharges on public roadways or onto an
adjoining property in an uncontrolled manner without permission of
the adjoining property owner or the Borough. This subsection shall
not apply to runoff which occurs naturally.
[Added 12-12-2016 by Ord.
No. 2016-26C]
C.
Release
of balloons.
[Added 7-10-2017 by Ord.
No. 2017-14C]
(1)
Purpose
and intent. This subsection is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and well-being of
persons and property by prohibiting the release of balloons into the
atmosphere, including latex and mylar, as it has been determined that
the release of balloons inflated with lighter-than-air gases poses
a danger and nuisance to the environment, particularly to wildlife
and marine animals, so as to constitute a public nuisance and may
pose a threat to the safety of its inhabitants and their property.
(2)
Prohibited
releases. It shall be unlawful for any person, firm or corporation
to intentionally release balloons inflated with a gas that is lighter
than air within the Borough of Beach Haven limits, except for:
D.
Light trespass.
The governing body finds that light trespass is a nuisance within
the Borough and shall be prohibited. "Light trespass" shall mean any
form of artificial illuminance emanating from a light fixture, light
source, or illuminated sign, whether internally or externally illuminated,
that penetrates other property and creates a nuisance. To control
light trespass, the maximum vertical illumination, when measured at
a point five feet within the adjacent property line at a height of
five feet and facing the light source, shall be no greater than 1.00
vertical footcandle onto adjacent properties. Outdoor light fixtures
shall be directed so that there will not be any objectionable direct
glare source visible above a height of five feet from any property
or public roadway. "Objectionable direct glare source" shall mean
glare resulting from excessive levels of illuminance or insufficiently
shielded light sources emanating from light fixtures in the field
of view where the lens, lamp or reflector is offensively visible above
a height of five feet at a property line or a public roadway.
[Added 3-12-2018 by Ord.
No. 2018-3C]
[Added 9-10-2012 by Ord. No. 2012-14C; amended 7-10-2017 by Ord. No. 2017-14C]
Any person found in violation of this chapter is guilty of a
noncriminal infraction punishable by a fine not to exceed $200.
