[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 4-27-1992 by Ord. No. 1992-7 (Ch. 84 of the 1976 Code). Amendments
noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directive or permissive.
A mechanism for converting energy into mechanical force and
motion by using a compression ignition type of internal combustion
engine.
A vehicle which is self-propelled by a compression ignition
type of internal combustion engine and which is designed primarily
for transporting persons or property on a public street or highway;
for purposes of this chapter, passenger automobiles and motorcycles
are excluded.
Means and includes the official authorized by the Township
of Berlin to enforce this Code and chapter.
Substances emitted into the atmosphere from any opening downstream
from the exhaust ports of a motor vehicle engine.
A motor vehicle operating mode consisting of a nonloaded,
throttled engine speed at the revolutions per minute specified by
the manufacturer.
All vehicles propelled otherwise than by muscular power,
excepting motorized bicycles and such vehicles as run only upon rails
or tracks.
Means and includes corporations, companies, associations,
societies, firms, partnerships and joint-stock companies, as well
as individuals.
Wires used for transmission of telecommunications, such as,
but not limited to, Verizon and Comcast for cable television, phone
service or internet service, or any other overhead utility wires connected
to utility poles.
[Added 2-10-2014 by Ord. No. 2014-1]
Small gas-borne and airborne particles, exclusive of water
vapor, arising from the process of combustion in sufficient number
to be observable.
The following matters, things, conditions or acts and each of
them are hereby declared to be a nuisance and injurious to the health
of the inhabitants of this municipality:
A.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of this municipality.
B.
Any matter, thing, condition or act which is or may become an annoyance
or interfere with the comfort or general well-being of the inhabitants
of this municipality.
C.
Pollution, or existence of a condition or conditions which cause
or threaten pollution of any waters in this municipality in such manner
as to cause or threaten injury to any of the inhabitants of this municipality
either in their health, comfort or property.
D.
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 or from
any motor vehicles as defined herein, of such quantities of smoke,
fly ash, dust, fumes, vapors, mists, gases or emissions as to cause
injury, detriment, or annoyance to the inhabitants of this municipality
or interfere with or endanger their comfort, repose, health or safety.
E.
The existence or presence of any accumulation of garbage, refuse,
manure, or animal or vegetable matter, which may attract flies and
to which flies may have access, or in which fly larvae or pupae 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 or constitutes a breeding place or harborage for insects
or rodents in or on any land, premises, building or other place.
G.
Allowing overhead public utility wires to fall or hang loosely from
utility poles, or to permit the wires to lie in public streets or
sidewalks, or to wind and secure public utility wires to hang onto
objects other than a utility pole.
[Added 2-10-2014 by Ord. No. 2014-1]
H.
Maintaining or permitting to be maintained any pool, cistern, privy
vault, cesspool, rain barrel, or other receptacle containing liquid,
in which mosquito larvae or pupae or amphibians or tadpoles may or
do exist; maintaining or allowing to be maintained any condition which
is beneficial to or engenders the breeding of flies, mosquitos, vermin,
amphibians, or tadpoles.
[Added 7-11-2022 by Ord.
No. 2022-6]
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in § 220-2 hereinabove.
It shall be unlawful for any person to make, cause or suffer
or commit to be made or caused upon any premises owned, occupied or
controlled by such person for it, or upon any public street, alley
or thoroughfare in this municipality, any unnecessary noises or sounds
by means of the human voice or by any other means or methods, including
mechanical, which are physically annoying to persons, or which are
so harsh, or so prolonged or unnatural, or unusual in their use, time
and place as to occasion interference, physical discomfort, or which
are injurious to the lives, health, peace and comfort of the inhabitants
of this municipality or any number thereof.
All places and premises in this municipality shall be subject
to inspection by the Township enforcing official or designee if that
official has reason to believe that any section of this Code is being
violated. It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the enforcing official or designee from having
full access to any place or premises upon which a violation of this
Code and chapter is believed to exist.
A.
Whenever
a nuisance as declared by this chapter is found on any plot of land,
lot, right-of-way or any other private premises or place, notice in
writing by registered and regular mail shall be given to the owner
thereof to remove or abate the same within such time as shall be specified
therein, but not less than five days from the date of service thereof.
A duplicate of the notice shall be left with one or more of the tenants
or occupants of the premises or place. If the owner resides out of
the state or cannot be so notified immediately, such notice shall
be left at that place or premises with the tenant or occupant thereof,
or posted on the premises and such action shall be considered proper
notification to the owner, tenant or occupant thereof. Where addresses
are available for out of state owners, the Township shall also provide
notice to that address indicated. Where an owner's whereabouts is
unknown or not ascertainable, the notice shall be served by publishing
same once in the Township representative newspaper and posted on the
premises.
B.
Whenever
a nuisance as declared by this chapter is found on any public property
or on any highway or on any other public premises or place, notice
in writing shall be given to the person in charge thereof to remove
or abate the same within such time as shall be specified therein.
If such person fails to comply with such notice within the time specified
therein, the Township may remove or abate such nuisance in the manner
as hereinafter provided in the case of a right condition existing
on a private premises or place.
C.
If the
owner, tenant or occupant upon being notified as provided by this
section shall not comply with such notice within the time specified
therein and fails to remove or abate such nuisance, the Township shall
proceed to abate the nuisance or may file action to cause it to be
removed or abated by such means as said Township shall deem proper.
The Township may initiate an action at law to recover costs
incurred by it in the removal or abatement of any nuisance as declared
by this chapter from any person who shall have caused or allowed such
nuisance to exist, or from any owner, tenant or occupant of premises
who, after notice and notification is herein provided, shall fail
to remove and abate the same within the time specified in such notice.
In addition, the Township shall have the right to place a municipal
lien against the premises for the cost of removal or abatement of
such nuisance. A detailed statement of such costs shall be filed with
the Tax Assessor and Collector and a copy forwarded to the owner of
the premises by registered mail. Any owner or party in interest may,
within 60 days from the date of the filing of the municipal lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or accuracy of the costs in said lien certificate.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $500 or
by imprisonment in the county jail for a period not to exceed 90 days,
or by both such fine and imprisonment, in the discretion of the court.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be subject to punishment as
provided herein for each separate offense.
The provisions of this chapter shall be enforced by the Township
enforcing official or designee as so appointed by the governing body.
