[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 5-25-2010 by Ord. No. 4258-10;[1] amended in its entirety 4-24-2018 by Ord. No. 4582-18. Amendments noted
where applicable.]
The word "person," as used herein, shall include the singular
and plural and shall also mean and include any person, firm, partnership,
limited-liability company, corporation, association, club, society
or any other form of association or organization.
It shall be unlawful for any person to make, cause, suffer or
permit to be made or to be continued any loud noise, unnecessary noise,
unusual noise or any noise or act which either annoys, disturbs, injures
or endangers the comfort, repose, health, peace or safety of any other
person within the corporate limits of the Township of Toms River.
Such conduct shall be considered a "nuisance."
The following acts, among others, are declared to be a nuisance
in violation of this chapter, when the noise emanating from such acts
is clearly audible from at least 100 feet from the actor, source or
device; provided, however, that this enumeration shall not be deemed
to be exclusive:
A.
Radios, stereos, etc. The playing of any radio, television, stereo,
musical instrument or other machine or device for the production or
reproduction of sound in such a manner or in such volume as to unreasonably
annoy or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or other type of residence, or to disturb the peace, quiet and
comfort of neighboring inhabitants, or to play or operate the same
with louder volume than is necessary for convenient hearing of the
person or persons who are in the room, chamber or venue in which said
machine or device is operated and who are voluntary listeners to such
sound.
B.
Yelling, shouting, etc. Yelling, shouting, hooting, whistling or
singing on public streets or yelling, shouting, hooting, whistling
or singing at any other place, whether public or private, in such
a manner and in such volume and intensity to disturb the peace and
quiet of the neighborhood, or to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, hotel or any other place of
residence, or of any persons in the vicinity.
C.
Peddlers, hawkers and vendors. The shouting of peddlers, hawkers
and vendors, in such a manner and in such volume and intensity to
disturb the peace and quiet of the neighborhood, so as to annoy or
disturb the quiet, comfort or repose of persons in any dwelling, hotel
or any other type of residence, or of any persons in the vicinity.
D.
Loudspeakers and amplifiers for advertising. The use, operation or
permitting the playing, use or operation of any radio, television,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the production or reproduction of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building, structure,
store or establishment.
E.
Construction. The operation of any equipment used in commercial construction,
repair, alteration or demolition work on buildings, structures, streets
or appurtenances thereto in residential or commercial land use zones
on weekdays between the hours of 6:00 p.m. and 8:00 a.m. the following
day, or between 6:00 p.m. Saturday night and 8:00 a.m. Monday morning,
and on legal holidays, except in the case of urgent necessity in the
interest of public health and safety, and then only with permission
from the Township Council.
F.
Landscaping equipment. The operation of power mowers and power tools
used in landscaping outdoors between the hours of 8:00 p.m. and 8:00
a.m. the following day.
G.
Loading operations. Loading, unloading, opening or otherwise handling
boxes, crates, containers, garbage cans or similar objects between
the hours of 6:00 p.m. and 6:00 a.m. the following day, in such a
manner as to annoy or disturb the quiet, comfort or repose of persons
in any dwelling, hotel or any other type of residence, or of any persons
in the vicinity.
H.
Refuse-compacting vehicles. Operating or permitting the operation
of any motor vehicle which can compact refuse, and which creates,
during the compacting cycle, a disturbing noise between 6:00 p.m.
and 6:00 a.m. the following day in residential land use zones.
I.
Vehicle repairs or testing. Repairing, rebuilding, modifying or testing
any motor vehicle, off-road vehicle or motorboat in or near a residential
land use zone in such a manner as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, hotel or any other type of residence,
or of any persons in the vicinity.
J.
Standing motor vehicles. Operating or permitting the operation of
a motor vehicle whose gross vehicle weight is in excess of 10,000
pounds, or any attached auxiliary equipment, for a period longer than
three minutes in any hour while such vehicle is stationary on a public
right-of-way in a residential land use zone, or is on private property
in a residential or commercial land use zone, and is not within a
completely enclosed structure.
K.
Bells and alarms. The sounding or permitting the sounding of any
exterior building alarm on any building or motor vehicle, unless such
burglar alarm system or similar device shall terminate its operation
within 15 minutes after being activated.
L.
Horns, signal devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, bus or any other vehicle on
any street or public place, except as a danger warning; the creation
by means of any horn or signaling device of any unreasonably loud
or harsh sound; the sounding of any said horn or signaling device
for any unnecessary and unreasonable period of time; the use of said
horn or signaling device when traffic is for any reason held up; or
the use of any horn, whistle or device operated by engine exhaust.
M.
The keeping of any animal or bird which shall emit frequent or long-continued
noises.
[Added 8-25-2020 by Ord.
No. 4678-20]
The following acts, among others, are declared to be a nuisance
in violation of this chapter:
A.
Placing or maintaining spotlights or other types of artificial lighting
that provide a concentrated beam of light extending beyond any property
lines.
B.
Placing or maintaining spotlights or other types of artificial lighting
extending beyond the vertical plane of the face of any building or
structure that causes a beam of light to be reflected upon any adjoining
property or public street.
The hours referred to in this chapter shall be prevailing time,
i.e., either Eastern standard time or Eastern daylight saving time.
This chapter is intended to apply and to bind the owners, tenants,
occupants, guests and all other persons within the corporate limits
of the Township of Toms River. This chapter shall not apply to representatives
and employees of the Township of Toms River performing tasks on official
business of the Township of Toms River or for specific activities
authorized by the Township Council.
A.
It shall be the duty of the Police Department and Code Enforcement
Officials of the Township of Toms River to determine whether or not
this chapter has been and is being complied with and to enforce the
provisions of this chapter against any person violating the same.
B.
Any police officer or Code Enforcement Official of the Township of
Toms River, or any individual person, may file a complaint in Municipal
Court of the Township of Toms River for any violations of this chapter.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5, and as same shall be amended from
time to time. Each and every day a violation of this chapter shall
exist shall constitute a separate violation.
A.
The Township Council finds and declares that there are properties
located in the Township where nuisances exist and other activities
occur which have resulted in the excessive consumption of municipal
services.
B.
The Township Council finds and declares that the cost of the excessive
consumption of municipal services relating directly to these nuisance
properties should be paid by the property owner and, if applicable,
the responsible tenant or occupant, and not through general tax revenues.
C.
This article is intended to establish regulations and procedures
identifying, and providing for the assessment and timely payment of
the cost of excessive consumption of municipal services, associated
with these nuisance properties.
As used in this article, the following terms are defined as
set forth herein:
Any qualifying calls made to a property while that property
is on probationary nuisance status.
Properties on which activities occur that result in qualifying calls for municipal services during any sixty-day period in excess of the number of calls listed on the schedule in § 368-12 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
The designation applied to properties which, as determined
by a public officer, have received the requisite number of qualifying
calls within a sixty-day period. Probationary nuisance status is effective
for a twelve-month period beginning on the date of the public officer's
determination. During probationary nuisance status, the property owner
and, if applicable, the tenant/occupant, is liable to the Township
for user charges from each qualifying call.
Calls resulting from violations of state or local laws, regulations,
or ordinances, including, but not limited to, those cited in the following
list, and others not so identified, but specifically determined to
be qualifying by the hearing officer, but not including calls for
permitting, licensing, inspections, or similar administrative functions:
The sale, service, or consumption of alcoholic beverages.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
Damage to property or injury to a person.
Improperly parking a vehicle, or any motor vehicle violation,
on private property.
Possession of a barking, howling, biting, or dangerous animal.
Possession, distribution, or use of a controlled substance.
Prostitution.
Public urination, defecation, or indecent exposure.
Criminal activity.
Township property maintenance, zoning, construction, fire, and
health codes.
A fee of $300 for each additional qualifying call made to
the subject property within the twelve-month period following the
date a complaint is issued for excessive consumption of municipal
services.
Each Township department, division, agency, or authority, including
the Fire Districts, providing municipal services to properties shall
designate, either on a permanent or as-needed basis, one or more officials
to serve as a public officer to administer and enforce this article.
Officials that may serve in this capacity include, but are not limited
to, code enforcement officers, the Construction Official or his or
her designee; the Chief of Police or his designee; an investigating
police officer; the Zoning Officer; or the Fire Official.
A.
Each department, division, agency, or authority of the Township government,
including the Fire Districts, providing municipal services to properties
must keep and maintain records documenting the following information
concerning the properties serviced:
(1)
The exact address and Tax Map designation of the subject property.
(2)
The name and address of property owners and tenants, if known and
applicable.
(3)
The dates of the incident.
(4)
A full description of the nature of the incident and the violations.
(5)
The identity of the public employee providing the services.
B.
The department providing the excessive municipal services shall coordinate,
as needed, with other municipal agencies and the Division of Law to
enforce this article.
During any sixty-day period, properties that necessitate qualifying
calls for municipal services that exceed the amounts set forth in
the following schedule are designated nuisance properties and subject
to the penalties and procedures established under this article.
A.
Residential properties of one through four dwelling units: five qualifying
calls.
C.
Convenience, grocery, liquor and retail stores: 10 qualifying calls.
D.
Restaurants, bars, and adult entertainment establishments: 30 qualifying
calls.
E.
All other properties not included in the preceding categories: 10
qualifying calls.
A.
Whenever the public officer determines that any property has become
a nuisance property based on excessive consumption of municipal services,
he or she shall issue a complaint and summons reciting the location
of the property and the allegations supporting a finding of excessive
use and a notice of hearing setting for the date and time and place
for a hearing on the matter.
B.
The complaint shall also provide notice:
(1)
That the property is on probationary nuisance status for the 12 months
following the date of the complaint.
(2)
That during the probationary nuisance status period, each additional
qualifying call to the property will be subject to a user fee of $300
per call.
(3)
Listing the dates and the nature of the qualifying calls made to
the subject property that gave rise to the determination of excessive
use.
(4)
Directing that the offending activities be immediately abated.
C.
The complaint and notice of hearing shall be served on the property
owner and on the tenant or occupant, if applicable. Service shall
be made by regular mail and either certified mail return receipt requested,
or overnight delivery service to the last known address of the recipient
as it appears in Township records.
D.
If the whereabouts of the property owner or the tenant/occupant are
unknown and cannot be ascertained by reasonable diligence, service
of the complaint and notice of hearing shall be effectuated as follows:
E.
Whenever an individual dwelling unit within a multifamily dwelling
has received five qualifying calls within a sixty-day period, the
public officer shall notify the property owner and tenant/occupant
as provided hereunder so that the property owner can take action to
abate the nuisance. This notice shall be issued notwithstanding that
the multifamily dwelling did not receive the required number of qualifying
calls that would trigger a notice of violation.
A.
A hearing shall be held on the allegations recited in the complaint.
The public officer or officers involved shall present evidence and
testify at the hearing and may produce witnesses in support of the
allegations recited in the complaint. The property owner and any interested
party shall have the right to appear at the hearing and testify, produce
witnesses, and be represented by an attorney.
B.
One of the Township Attorneys in the Division of Law shall serve as hearing officer. The hearing officer is charged with determining whether, in a sixty-day period, the subject property received qualifying calls in excess of those permitted under § 368-12. If so, the hearing officer shall confirm that the property was on probationary nuisance status from the date of the complaint. If the hearing officer also determines that qualifying calls were made to the subject property during the probationary period, that fact shall be so noted in the hearing officer's findings. Based on these findings, the hearing officer shall enter an order against the property owner or, as applicable, the tenant/occupant, or both.
C.
The following shall be memorialized in the hearing officer's order:
(1)
A finding that the subject property was on probationary nuisance
status.
(2)
A determination that an excessive number of qualifying calls were
made to the subject property during the probationary nuisance status
period.
(3)
An assessment of the reasonable costs of litigation, including, but
not limited to, the costs of a court reporter and transcript, and
an administrative fee of $100.
(4)
An assessment of a user fee of $300 per call for each qualifying
call in excess of the permitted number. If the qualifying calls involve
the same tenant or occupant, this fee may be apportioned between the
owner and the tenant/occupant.
D.
Additional qualifying calls to the subject property following the
hearing and within a one-year period from the date of the complaint
constitute a further violation of this article and are subject to
a user fee of $300 per call. A summons and complaint shall be filed
in the Toms River Municipal Court for each subsequent qualifying call,
each being a separate violation, with the $300 per call user fee the
penalty to be imposed upon a guilty plea or conviction. Notice of
this provision shall be incorporated in the hearing officer's order.
E.
The hearing officer's order shall be served upon the appropriate
parties in the same manner as service of the complaint and notice
of hearing; except that, in the event the whereabouts of the property
owner, tenant, or occupant cannot be ascertained, then the order shall
also be recorded in the Ocean County Clerk's office.
A.
Any fees, costs, or penalties that remain unpaid 60 days from the
date of an order issued pursuant to this article shall be assessed
as a lien against the subject property, enforceable and collectible
in the same manner as liens for delinquent real property taxes and
municipal service charges.
B.
Pursuant to N.J.S.A. 40:52-1.2, municipal licenses, permits, and
certificates of occupancy applied for or issued to the subject property
may be revoked, suspended, withheld, or denied renewal for failure
to comply with and satisfy any payment obligations under an order
imposed pursuant to this article.
