[HISTORY: Adopted by the Township Committee of the Township of Woolwich as indicated in article histories. Amendments noted where applicable.]
No pauper shall return to the Township of Woolwich after having been legally removed therefrom without a certificate from the municipality to which each pauper was so removed or leave his place of legal settlement; and no person shall go from door to door or place himself in the streets, highways or roads within the Township of Woolwich to beg, crave charity or collect alms; nor shall any person wander about said township and lodge in any hotel, inn or other public house or houses or house of entertainment, marketplace, barns or other places or in the open air without giving a good account of the reason for so doing; nor shall any person wander about said township and beg or solicit charity under pretense of having been soldiers, sailors, marines or seafaring men or of loss by fire or other casualty or by war or by other pretense or things; and no person shall leave or threaten to leave his or her family to be maintained by the Township of Woolwich or become chargeable thereto; nor shall any person without sufficient property or means for his or her subsistence and support live idle, but shall engage in some honest employment and provide for himself, herself or his or her family; and no person shall use or pretend to use or have any skill in physiognomy, palmistry or like crafty science; nor shall any person pretend to tell destinies or fortunes.
No person shall keep or maintain within the Township of Woolwich a disorderly house or a house of ill fame or allow or permit any house, shop, store or other building owned or occupied by him or her within the Township of Woolwich to be used as a disorderly house or a house of ill fame, to be frequented or restored to by riotous or disorderly persons, prostitutes, gamblers or vagrants.
No person shall set up, keep or maintain or permit to be kept or maintained in any house or premises, public or private, within the Township of Woolwich, any faro table, faro bank, roulette wheel, slot machine, writing game or other device or game of chance for the purpose of gaming or any cock pit or other place for animals to fight, nor shall any person hold or permit to be held in any building or upon any premises any dog fight or cock fight for a purse or prize money.
No person shall deal, play or engage in faro, roulette or other game of chance either as banker, player, dealer or otherwise for the purpose of gaming, within the Township of Woolwich.
Editor's Note: Former § 138-7, Noise and other disturbances, was repealed 8-18-2014 by Ord. No. 2014-11.
No person shall conduct himself in or about the Township of Woolwich having concealed upon him or her any picklock, key, crow, jack, bit or other instrument with an intent to break or enter into any building; or shall have upon him or her any pistol, hanger, cutlass, bludgeon or other offensive or dangerous weapon with or without intent; nor shall any person be apprehended having upon him or her, whether concealed or not, any of the foregoing articles or things with intent to assault any person; nor shall any person be found in or near any dwelling house, warehouse, stable, barn, coachhouse, garbage, smoke house or any place or public resort or assemblage for business, worship, amusement or other lawful purpose with intent to steal any goods or chattels; provided, however, that this section shall not apply to law officers or other persons duly authorized under certain statutes of this state to carry proper weapons.
No person shall appear in any street, road, highway or public place in the Township of Woolwich in a state of nudity or in a dress not belonging to his or her sex, unless such dress be worn during an established period of masquerade, in which event such dress or costume must be reasonably modest, or in an indecent or lewd dress; nor shall any person make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior; nor shall he or she sell or offer for sale any indecent or lewd book, picture or thing; nor shall he or she perform any indecent or improper or lewd play or other representation.
No person shall throw any stick or stone or other article or thing at or shoot any revolver, pistol, gun, air gun or sling shot or other device at any public property or private property not his or her own which may injure such property or person using or owning the same.
No person shall give any false alarm of fire within the Township of Woolwich.
No person, being a husband or father, wife or mother, shall desert or willfully refuse or neglect to provide for his or her family; provided, however, that any wife or mother shall not be obliged to provide for and maintain her children or family where the husband is living and capable of providing maintenance and support.
No person, firm or corporation or other organization shall conduct or operate within the Township of Woolwich on the Christian Sabbath, or first day of the week, commonly called "Sunday," any amusement park, motion-picture theater, show house, play house, dance hall, poolroom, shooting gallery, baseball or football park, bowling alley or any other establishment wherein persons collect for purposes of amusement, pleasure, incitement and the playing of sports, past times and diversions, either directly or indirectly, whether such place or establishment is conducted within a tent or building or not, where any person, firm, corporation or organization interested hopes or expects to receive or derive, or does or will in fact derive therefrom, gain or profit, or where the place or establishment is in its purpose or effect a commercial enterprise, or which can be shown to be a scheme to produce income or profit to its operators (whether or not a profit is actually gained).
No person shall take or remove within the Township of Woolwich, by trespass, property which the trespasser knows to belong to another; nor shall any person unlawfully take, remove, receive, conceal, convert or in any way dispose of property not his or her own within the limits of the Township of Woolwich; nor shall any person break or enter any building within said township without due and legal warrant or other proper authority for such breaking and entering.
[Amended 6-18-2007 by Ord. No. 2007-21]
No person shall make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which does or is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others, within the limits of the Township at any time unless during emergency situations, or as otherwise noted.
[Amended 3-19-2018 by Ord. No. 2018-03]
Definition of noise.
The following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this section:
Horns and signaling devices: the sounding of a horn or signaling device on an automobile, motorcycle, bus or other vehicle, on any street or public place except when required by law, or when necessary to give timely warning of the approach of the vehicle, or as warning of impending danger to persons driving other vehicles or to persons on the street. No person shall sound a horn or signaling device on an automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time. No person shall use any signaling device except one operated by hand or electricity. The use of any horn, whistle or other device operated by engine exhausts is prohibited. The use of any signaling device when traffic for any reason is held up is prohibited.
Radios, televisions, phonographs or any such media emitting sound: the playing, use or operation of a 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 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 thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. emanating from a structure or vehicle in which it is located so that it is clearly audible across a residential real property line shall be prima facie evidence of a violation of this section.
[Amended 3-19-2018 by Ord. No. 2018-03]
Loudspeaker; amplifiers for advertising: the using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or for any other purpose, with the following exceptions: such sound as may attract attention but which will not disturb the peace, quiet and comfort of the inhabitants, provided such sound is produced and caused to be produced only between the hours of 9:00 a.m. and 5:00 p.m. Such sound shall not be audible in any location for a period of longer than five minutes in any hour, except by special permit from the Township Committee.
Yelling, shouting: yelling, shouting, hooting, whistling or singing on the public streets 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 of any persons in the vicinity.
Animals, birds: the keeping of animals or birds which, by causing frequent or long-continued noise, disturb the comfort or repose of any persons in the vicinity.
Whistles: the blowing of any whistle, except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper Township authorities, or as may be required by general law or ordinance.
Exhaust: the discharge into the open air of the exhaust of a steam engine, internal combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises.
Defect in vehicle or load: the use of an automobile, motorcycle or vehicle so out of repair, so loaded or in such manner that it creates loud and unnecessary grating, grinding, rattling or other noises.
Loading, unloading, opening boxes: the creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
Construction or repair: the carrying out of excavation, demolition, construction, repair or alteration work, other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays, the carrying on of construction, repair or alteration work by a homeowner on his/her own dwelling or property, other than between the hours of 7:00 a.m. and 9:00 p.m. In the case of urgent necessity or in the interest of public health or safety, the Township engineer may grant a permit for excavation, demolition, construction, repair, alteration work for a period not to exceed three days, which may be renewed for additional periods of three days, while the emergency continues by the terms of which permit such work may be carried on during the hours specified in the permit.
Courts, schools, churches: the creation of excessive noise on a street adjacent to a school, institution of learning, church or court while in use which unreasonably interferes with the working of the institution or which disturbs or unduly annoys the students, teachers and administrators, congregation.
Drums: the use of any drum or other instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale.
Hawkers, peddlers: the shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Pile drivers, hammers: the operation, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, of any pile driver, steam shovel, bulldozer or other earth-moving machinery, pneumatic hammer, derrick, steam or electric hoist or any other appliance, the use of which is attended by loud or unusual noise.
Blowers: the operation of any blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise.
Outside alarms: the user of any alarm system emitting an audible or visible response shall, at the time such system is installed, cause to be installed an automatic timing device which shall deactivate such alarm so that it will be activated for no more than 15 minutes. All outside alarms shall be registered with the Police Department with an emergency phone number, as well as an alternate phone number, where someone with responsibility in relation to the alarmed premises may be contacted at any time by the Police Department.
Public sales, taxicabs. Public outcries shall be prohibited at or for any public sale or auction, or to advertise any goods, wares or merchandise for sale, or to attract any attention, or to gain passengers for any cab, taxicab, hack or omnibus.
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Any parent, guardian or other person having charge and control of any child between the age of seven and 16 years who shall fail to comply with the provisions of the school laws of this state relating to his or her duties shall be deemed to have violated the provisions of this article.
No person shall in any manner obstruct any of the public streets, roads or sidewalks within the Township of Woolwich so as to endanger public safety, nor make or cause to be made any excavations therein, without proper authority or permit from the Township Committee of the Township of Woolwich.
No person shall operate any farm tractor, cut-harrow, disc-harrow or any other vehicle with spikes or disks on its traction surface on or across any of the township roads which will in any way injure the surface of said roads.
No billboard, signpost or advertising sign of any kind shall be erected within the Township of Woolwich without first obtaining consent of the Township Committee.
No person shall permit his land to be used for the purpose of a dump without first obtaining the consent of the Township Committee.
No person shall permit his land to be used as a trailer camp without first obtaining consent of the Township Committee.
No piggery shall be established within the limits of the Township of Woolwich without first obtaining the consent of the Township Committee. This section shall not prevent any owner or occupant of a farm in this township from keeping or raising pigs or hogs for his own use.
[Amended 3-15-1999 by Ord. No. 99-6]
[Adopted 8-2-2010 by Ord. No. 2010-19]
Editor’s Note: This ordinance also superseded former Art. II, Public Nuisances, adopted 3-17-1997 by Ord. No. 97-7, as amended.
There is a need within the Township of Woolwich to provide residents with safe, sanitary, and secure public streets and meeting places, and a need to protect the right of residents to use and enjoy their property and/or property to which the public is invited without unreasonable interference or disruption by any activities proscribed by this article. This article is intended to meet this need and provide guidance in its enforcement as it is a matter concerning the general safety and welfare of the public.
NUISANCE — The use of property or rights by one in a manner which causes another or others to be materially annoyed, inconvenienced or to sustain injury or damage, or which similarly impairs or affects the health, safety, comfort, sense of decency, morals, or exercise of rights by the person or persons so impaired or affected.
- Affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are, but not limited to highways, streets, open space, parks, rights-of-way, easements, transport facilities, schools, prisons, apartment houses, places of business and/or amusement, or any neighborhood.
Any police officer, special officer duly appointed by Township Committee, or Code Enforcement Officer is hereby authorized and empowered to issue a citation or take into custody any such person who may be in the act of violating the provisions of this article. Under N.J.S.A. 2B:12-17, the Woolwich Township Municipal Court has jurisdiction of violations of municipal ordinances. All fines and/or punishment in terms of imprisonment or community service must be made pursuant to the applicable general provisions regarding violations of the general code (up to $1000, 90 days in jail, 90 days of community service, or any combination made pursuant to order by the Municipal Court Judge).
When an alleged violation of this article occurs pertaining to a nuisance, the person(s) or business entity found or believed to have caused or allowed any nuisance of any kind to exist in the Township shall receive notice to abate same, and same shall be abated within the time prescribed within such notice. If same is not abated within the appropriate time, then the following will occur in the discretion of the enforcing officer:
A summons shall be issued, and said person or corporation shall be subject to the penalties as set forth herein via Municipal Court; or
An authorized representative of the Township, including but not limited to Public Works employees, shall cause the condition to be corrected, and a reasonable cost of the abatement shall be charged against the property on which the condition occurred. The amount so charged shall become a lien upon the land and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
It shall be unlawful, and shall become a public nuisance, for any person or entity:
To maintain a nuisance by:
Conduct which is either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety and health of a good number of persons; or
He knowingly conducts or maintains any premises or place where persons gather for purposes of engaging in unlawful conduct.
To place or deposit in or upon any street, alley, road or right-of-way, or in or upon any public or private property any dead animals or part of same, any filth from cesspools, septic tanks, or catch basins, any garbage, trash or debris or any other foul or offensive or obnoxious matter or substance.
To allow or permit any liquid or solid waste from any septic tank, seepage pit or cesspool to be deposited and left exposed in or upon any lawn or lot, public or private, within the Township of Woolwich.
To allow or permit to exist any offensive or decomposing solid or fluid matter or substance or any hazardous material to be placed or leak onto or into any ground surface, roadway, stream, lake or other body of water or any other lot or land, public or private, within the Township of Woolwich.
To cause or allow any litter, trash, or debris or the like to be generated, owned or located on a property in the actual or constructive possession of a property owner, landlord, tenant or other occupant which thereafter is caused, allowed or permitted to remain on said property or adjacent property, by any act or omission to act whatsoever, whether willfully, by act of nature or through neglect.
To make any indecent or lewd act, exposure, or exhibition of any kind in or upon any street, road, highway, or place, public or private, in the Township of Woolwich, including but not limited to:
To revel, quarrel, fight, brawl, or otherwise engage in disorderly conduct so as to disturb the public peace and quiet.
To interfere or annoy the comfort or general well-being of the inhabitants of this Township, including but not limited to:
Placing dirt, stones, concrete debris, or mulch in a public street, road, right-of-way, or in a public dedicated open space area so as to create a safety hazard;
Discharging stormwater from rainspouts or liquids from sump pumps directly or indirectly out onto a public street, road, right-of-way, or lot;
Placing dumpsters or enclosures for debris in a public road, right-of-way, or a public dedicated open space area (dumpster would be permissible in driveway or in a rear/sideyard a minimum five feet from property line); and
Placing trailers in a public street, right-of-way, or a public dedicated open space area (trailer would be permissible in driveway or in rear/sideyard a minimum five feet from the property line).
To make, create, cause, or discharge any air pollution, fumes, gas, emissions, foul odors and the like, which cause or threaten the health, safety, welfare, and property of any of the residents of the Township.