The making, creating or allowing of certain nuisances, including excessive
noise, smell, permitting of the standing of certain garbage or refuse, permitting
of excessive noises from sound-producing systems of any sort, nature or type
and certain animal noises are declared to be a serious hazard to the public
health, safety, welfare and the quality of life. There is a substantial body
of science and technology which exists by which excessive sounds, noises,
smells and other nuisances should and can be abated and in full recognition
that people have the right to and should be ensured an environment free of
these types of nuisances and/or noises. It is therefore the policy of the
Township of Hamilton to prevent excessive sounds, smells, fumes, smokes, standing
garbage or refuse, sound-producing systems, loud animal noises and the like.
They may jeopardize the health, safety and welfare of the citizens and otherwise
denigrate the quality of life in the Township of Hamilton.
As used in this chapter, the following terms shall have the meanings
indicated:
BOUNDARY
An imaginary line along the ground surface and its vertical extension,
which separates the real property owned, leased or otherwise controlled by
one person from that owned, leased or otherwise controlled by another person.
CARCASSES OF ANIMALS
All carcasses of animals, including fish, remaining exposed 12 hours
after death.
GARBAGE or REFUSE
Unwanted or discarded waste materials in a solid or semisolid state
consisting of garbage, rubbish or a combination thereof.
LITTER, TRASH, REFUSE OR RUBBISH ON PUBLIC OR PRIVATE PROPERTY
All ashes, cinders, slops, filth, excrement, boards, sawdust, wood,
metal shavings, rubber, old tires, discarded plastic containers or wrappers,
oil, coal, gas, paint, dirt, dust, straw, soot, boxes, barrels, kegs, crates,
cans, cartons, paper, trash, manure, brush, rags, vehicle parts, garbage,
putrid fish, meat, entrails, decayed fruits or vegetables, wastewater, animal
or vegetable products or matter, dead animals, broken glass, bones, foliage
or other unwanted or discarded substances thrown, cast, dropped, left, blown,
spilled, poured, discharged, swept, left or deposited by any one in or upon
any premises, except grass, leaves, chipped brush, weeds, chipped foliage,
shrub cuttings or clippings or unharvested vegetable waste grown on the premises.
MOTOR VEHICLE
Any vehicle defined as a motor vehicle by and pursuant to the provisions
of Title 39 of the New Jersey Statutes Annotated.
NOISE
Any sound which annoys or disturbs humans or which causes or tends
to cause an adverse effect on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of humans or animals;
B.
Annoys or disturbs a reasonable person of normal sensitivities; or
C.
Endangers or injures a person's personal or real property.
PERSON
Any individual, corporation, cooperative, partnership, firm, association,
trust, estate, private institution, group, agency or any legal successor,
representative or agent thereof.
PERSON RESPONSIBLE FOR PUBLIC NUISANCE
The property owner or any person who causes or permits a public nuisance
to occur or reign upon the property and includes, but is not limited to, the
owner, the lessors, tenants or other persons permitted on the property or
entitled to control the property.
PUBLIC NUISANCE
An act or omission to act a condition or use of a property which
either annoys, injures or endangers the comfort, repose, health or safety
of the public; offends public decency; decreases the value of nearby property;
or in any way renders other persons insecure in life or in the use of their
property.
RUBBISH
Solid waste consisting of combustible and noncombustible waste materials
from residential, commercial, industrial and institutional establishments,
including yard waste and items commonly referred to as "trash."
SOUND REPRODUCING SYSTEM
Any mechanical or electrical device or any other device which when
used for its intended purpose creates excessive noise or is capable of creating
excessive noise. By way of example, it would include, but is not limited to,
radios, lawn mowers, various construction instruments, including drills and
saws, any loud-speaking device, any appliance or instrument capable of producing
radio broadcast or used for the purposes of playing records, tapes or compact
discs, windchimes or any other instrument capable of producing excessive noise.
Specifically excluded are church bells and police and fire rescue sirens.
SUBSTANCES EMITTING NOXIOUS ODORS
All substances which emit, generate or cause noxious or toxic odor,
dust, vapor, fumes, mists or smoke on the property where they exist or any
adjoining properties.
WASTEWATER
All foul, dirty or polluted water or other liquid deposited or allowed
to remain upon any premises.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction, be punished by a fine not to exceed $200; upon the conviction
of a second offense shall be punished by a fine not to exceed $500 and imprisonment
not to exceed 10 days; and upon a conviction of a third offense $1,000 and
imprisonment not to exceed 30 days.