[HISTORY: Adopted by the Township Committee of the Township
of Franklin 6-23-2016 by Ord. No.
2016-07.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances (Board of Health) — See Ch. 411.
The purpose of this chapter shall be to promote the general health, welfare, safety and convenience of the Township of Franklin 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 Chapter 411.
Wherever the following terms are used in this chapter, 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 § 242-4.
A.
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 Franklin:
(1)
Pollution, or the existence of a condition or conditions which cause
or threaten pollution, of any waters within the Township of Franklin
in such manner as to cause or threaten injury to any of the inhabitants
of the Township of Franklin in their health, safety, welfare and convenience
either in their person or property.
(2)
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 Franklin or endanger their comfort, repose, health,
safety or property.
(3)
Spitting upon any public sidewalk or upon any part of the interior
of any building or public conveyance.
(4)
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 this subsection, 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, 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 which is licensed.
(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 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.
(5)
The growth, existence or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
(6)
The growth, existence or presence of poison ivy, poison oak or poison
sumac within 20 feet of any property line.
(7)
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
(8)
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.
(9)
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.
(10)
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 Franklin
or which is or may become an annoyance or interfere with the comfort
or general well-being of the inhabitants of the Township of Franklin.
The provisions of this chapter may be enforced by the police
agencies of the Township of Franklin or upon the filing of a complaint
in the Municipal Court of the Township of Franklin by any inhabitant
of the Township of Franklin, either with or without prior notice to
the person committing a violation of this chapter.
