[HISTORY: Adopted by the Township of Lopatcong as indicated in article
histories. Amendments noted where applicable.]
[Adopted by the Board of Health 5-6-1968;[1] amended in its entirety by the Township Council 2-19-1992
by Ord. No. 1992-02]
[1]
Editor's Note: This article previously appeared as Ch. 117, Nuisances,
Public Health, of the 1974 Code of the Township of Lopatcong.
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 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 nuisances and recovery of expenses incurred by the Township Council
in removing or abating such nuisances; and prescribing penalties for violations,
is hereby established pursuant to Chapter 188 of the Laws of 1950.[1] A copy of said code is annexed hereto and made a part hereof without
the inclusion of the text thereof herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
The code established and adopted by this article is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of said Public Health Nuisance Code of New Jersey (1953)
have been placed on file in the office of the Township Clerk upon the introduction
of this article and will remain on file there for use and examination by the
public.
Any violation of this article shall, upon conviction, be punishable
by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days
or a period of community service not exceeding 90 days, or any combination
thereof.
[Adopted by the Township Council 12-27-1995 by Ord.
No. 1995-16]
The purpose of this article shall be to promote the general health, welfare, safety and convenience of the Township of Lopatcong and the inhabitants thereof by proscribing certain practices and, hazards which are, or may be, nuisances and to permit the appropriate authorities to take appropriate steps to control the practices herein proscribed. The provisions of this article shall be construed as a supplement to the remedies specified in Article I.
Wherever the following terms are used in this article, unless otherwise
specified, they shall have the following meanings:
Includes an individual, firm, corporation, association, society and
partnership and any agent, servant or employee of any of the above.
It shall be unlawful for any person or persons to commit or allow nuisances as hereinafter defined in § 149-8.
The following matters, things, conditions or acts, and each of them,
are hereby declared to be a nuisance and injurious to the health, safety,
welfare or convenience of the inhabitants of the Township of Lopatcong:
A.
Pollution, or the existence of a condition or conditions
which cause or threaten pollution, of any waters within the Township of Lopatcong
in such manner as to cause or threaten injury to any of the inhabitants of
the Township of Lopatcong in their health, safety, welfare and convenience
either in their person or property.
B.
The escape into the open air from any stack, vent, chimney
or any entrance to the open air, or from any fire into the open air, of such
quantities of smoke, soot, fly ash, dust, fumes, vapors, mists or gases as
to cause injury, detriment or annoyance to the inhabitants of the Township
of Lopatcong or endanger their comfort, repose, health, safety or property.
C.
Spitting upon any public sidewalk or upon any part of
the interior of any building or public conveyance.
D.
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. Without intending to limit the generality of § 149-8D, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
[Amended 12-27-2006 by Ord. No. 2006-36]
(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, disturb the comfort or repose of any person
in the vicinity; but nothing herein contained is intended to apply to a dog
pound or kennel licensed.
(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 or 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 for an unreasonable period of time.
E.
The growth, existence or presence of ragweed on any plot
of land, lot, highway, right-of-way or any other public or private place.
F.
The growth, existence or presence of poison ivy, poison
oak or poison sumac within 20 feet of any property line.
G.
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
H.
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter which may attract flies or to
which flies may have access or in which fly larvae or pupae may breed or exist.
I.
Depositing, accumulating or maintaining any matter or
thing which serves as food for insects or rodents and to which they may have
access or which serves as or constitutes a breeding place or harborage for
insects or rodents in or on any land, premises, building or other place.
J.
Any act, matter, thing or condition which is or may become
detrimental or a menace to the health of the inhabitants of the Township of
Lopatcong or which is or may become an annoyance or interfere with the comfort
or general well-being of the inhabitants of the Township of Lopatcong.
The provisions of this article may be enforced by the police agencies
of the Township of Lopatcong or upon the filing of a complaint in the Municipal
Court of the Township of Lopatcong by any inhabitant of the Township of Lopatcong,
either with or without prior notice to the person committing a violation of
this article.
[Amended 9-4-1996 by Ord. No. 1996-14]
Any person who violates any provision of this article shall, upon conviction
thereof, be liable to a penalty of not more than $1,000 or imprisonment for
not more than 90 days, or both, for each violation. Each day that said violation
continues shall be deemed a separate and distinct violation.
