[HISTORY: Adopted by the Township Committee
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-17-2004 by Ord. No. 2004-11]
The purpose of this article shall be to promote
the general health, welfare and safety of the Township of Washington
and the inhabitants thereof by prescribing certain practices and hazards
which are, or maybe, nuisances and to permit the appropriate authorities
to take appropriate steps to control the practices herein prescribed.
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 § 51-4.
The following matters, things, conditions or
acts, and each of them, are hereby declared to be a nuisance and injurious
to the health, safety, or welfare of the inhabitants of the Township
of Washington:
A.
Pollution, or the existence of a condition or conditions
which cause or threaten pollution, of any waters within the Township
of Washington in such manner as to cause or threaten injury to any
of the inhabitants of the Township of Washington in their health,
safety, or welfare 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 serious annoyance
to the inhabitants of the Township of Washington or endanger their
comfort, repose, health, safety or property.
C.
Noise.
[Amended 8-21-2007 by Ord. No. 2007-16]
(1)
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.
(2)
Without intending to limit the generality of Subsection C(1), the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
(a)
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.
(b)
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.
(c)
Animals; birds. The keeping of animals or birds
which, by causing frequent or long-continued noise, disturbs the comfort
or repose of any person in the vicinity, but nothing herein contained
is intended to apply to a dog pound or licensed kennel.
(d)
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 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 an unreasonably loud or harsh sound, or for an
unnecessary or unreasonably period of time.
D.
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
E.
The existence or presence of any accumulation of garbage,
refuse, 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.
F.
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.
G.
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 Washington or which is or may become an annoyance
or interfere with the comfort or general well-being of the inhabitants
of the Township of Washington.
The provisions of this article may be enforced
by the police agencies of the Township of Washington, or upon the
filing of a complaint in the Municipal Court of the Township of Washington
by any inhabitant of the Township, either with or without prior notice
to the person committing a violation of this article.
Any person who violates any provision of this
article shall, upon conviction thereof, be liable to a penalty of
not more than $500 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.
