[HISTORY: Adopted by the Township Committee
of the Township of Woolwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-9-1945]
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.
[1]
Editor’s Note: Former § 138-5, Loitering, was repealed
8-18-2014 by Ord. No. 2014-11.
[1]
Editor's Note: Former § 138-6, Intoxicated
persons, was repealed 10-6-2008 by Ord. No. 2008-22.
[1]
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]
A.
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]
B.
Definition of noise.
(1)
The following acts are hereby declared to be examples
of loud, disturbing and unnecessary noise in violation of this section:
(a)
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.
(b)
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]
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
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.
(m)
Hawkers, peddlers: the shouting and crying of
peddlers, hawkers and vendors which disturbs the peace and quiet of
the neighborhood.
(n)
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.
(o)
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.
(p)
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.
(q)
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.
(2)
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[1]]
[1]
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.
A.
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).
B.
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:
(1)
A summons shall be issued, and said person or corporation shall be
subject to the penalties as set forth herein via Municipal Court;
or
(2)
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:
A.
To maintain a nuisance by:
(1)
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
(2)
He knowingly conducts or maintains any premises or place where persons
gather for purposes of engaging in unlawful conduct.
B.
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.
C.
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.
D.
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.
E.
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.
G.
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:
H.
To revel, quarrel, fight, brawl, or otherwise engage in disorderly
conduct so as to disturb the public peace and quiet.
I.
To interfere or annoy the comfort or general well-being of the inhabitants
of this Township, including but not limited to:
(1)
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;
(2)
Discharging stormwater from rainspouts or liquids from sump pumps
directly or indirectly out onto a public street, road, right-of-way,
or lot;
(3)
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
(4)
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).
J.
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.
