[HISTORY: Adopted by the Township Committee of the Township of West Deptford 6-6-1996 by Ord. No. 96-5. Amendments noted where applicable.]
Chapter 112, formally reserved, shall be enacted and may be cited as the Noise and Nuisance Control Ordinance of the Township of West Deptford.
The Township Committee of the Township of West Deptford finds that excessive sounds and nuisances are a serious hazard to the health, safety, general welfare and the quality of the life of the citizens of West Deptford. Since a substantial body of science and technology exists by which excessive sound and nuisances may be substantially abated and the people have the right to and should be ensured an environment free from excessive sounds and nuisances, it is the policy of the Township of West Deptford to prevent excessive sounds and nuisances that may jeopardize the health and welfare or safety of the citizens or degrade the quality of life.
This chapter shall apply to the control of sound and nuisances originating from stationary and mobile sources within the limits of the Township of West Deptford.
The Nuisance Control Program established by this chapter shall be administered by the Board of Health and/or the West Deptford Township Police Department and/or the West Deptford Township Inspections Office.
The Noise Control Program established by this chapter shall be administered by the West Deptford Township Police Department and/or the West Deptford Township Inspections Office.
Noise control officers shall not use this chapter in situations within the jurisdiction of the Federal Occupational Safety and Health Act.
ENFORCING OFFICIALS — The Code Enforcement Officer or other official authorized by the Township Committee to enforce this Code and chapter.
PERSONS — An individual, firm, corporation, association, society, partnership and/or agents or employees.
HOUSEHOLD — Any person or group of persons either related or nonrelated living under the same roof.
The following matters, things, conditions or acts and each of them hereby declared to be a nuisance and injurious to the health of the inhabitants of the Township of West Deptford.
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.
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.
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 the municipality either in their health, comfort or property.
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, fly ash, dust, fumes, vapors, mists, odors, or gases as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety.
The presence of any stagnant water in swimming pools in which mosquito larvae breed or exist.
The presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter not in enclosed containers or plastic bags in which fly larvae and pupae breed or exist.
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.
Any household that has more than four yard sales per year.
Any organization soliciting the donation of clothing or goods shall provide adequate housings, containers, or fully-enclosed shelters for these donated materials. The intent of this provision is to insure that the goods are not exposed to the elements or subject to vandalism, theft, or scavenging, rendering the collection site a public nuisance. The frequency or pickups shall not be less than once per week.
It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it, or upon any public street, alley or thoroughfare in his municipality, any unnecessary noises by any means or methods 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 disturb the repose or sleep of persons, or to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the Township of West Deptford or any member thereof.
[Amended 4-1-2004 by Ord. No. 2004-8]
The following acts are hereby declared to be examples of unnecessary noises or sounds in violation of this chapter.
Radios; televisions; phonographs. The using, operating or permitting to be played, used or operated, of any radio receiving set, television, musical instrument, phonograph or other machine or devices 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 the persons who are in the room, vehicle or chamber in which such a 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 11:00 p.m. and 7:00 a.m. in such manner as to be plainly 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 chapter.
Servicing dumpsters. It is unlawful to disturb neighbor's repose by servicing dumpsters prior to 6:00 a.m.
Horns. The sounding of any horn or warning device on any automobile, motorcycle, bus or other vehicle, except where required by law or when necessary to give timely warning of the approach of the vehicle or is a warning of impending danger to persons driving other vehicles or to persons upon the street. No person shall sound any horn or warning device on any automobile, motorcycle, bus or other vehicle which emits an unreasonably loud or harsh sound or for any unnecessary or unreasonable period of time.
PA systems; exterior telephone bells. The use of any PA system, loudspeaker or exterior telephone bells coming from residences or businesses which emits noise, which disturbs the comfort or repose of any persons.
Construction or repair. The carrying on of an excavation, demolition, construction, repair or alteration work, other than between the hours of 7:00 a.m. and 8:00 p.m.; the carrying on of the construction, repair, or alteration work by homeowner on his own dwelling or property, other than between the hours of 7:00 a.m. and 8:00 p.m. In case of urgent necessity or in the interest of public health or safety, the Director of Public Works and/or the Inspections Officer may grant a permit for excavation, demolition, construction, repair or alteration work for a period not to exceed three days, by the terms of which permit such work may be carried on between 8:00 p.m. and 7:00 a.m.
Schools; courts; churches; hospitals. The creation of excessive noise on the street adjacent to a school, institution of learning, church or court while in use or adjacent to a hospital, which unreasonably interferes with the working of the institution or which disturbs or unduly annoys patients in the hospital.
Internal combustion engines. The operation of vehicles or equipment powered by internal combustion engines that emit sound and/or vibrations that disturb the repose or sleep, or occasion physical discomfort to persons, shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m.
[Added 4-1-2004 by Ord. No. 2004-8]
The above enumeration is intended to give typical illustrations of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed to apply to:
The use of bells, chimes, or sound amplifiers by churches engaged in church activities.
Activities of municipal departments in the performance of their duties, drills or public demonstrations.
Activities in public parks, playgrounds or public buildings under permission or authority of officials of the Township of West Deptford.
The operation of lawn/garden equipment.
Any noise or nuisance ordinance, such as described in the sections above which originate in any adjoining municipality, that the sound waves or other affects thereof of which enter into the Township of West Deptford and disturb the public peace, sleep, repose of persons, cause annoyance, interfere with comfort or the general well-being of the inhabitants of the township, shall be a violation of this chapter, and persons responsible therefor shall, upon apprehension, be prosecuted therefor.
All places and premises of this municipality shall be subject to inspection by the enforcing official, 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 from having full access to any place or premises upon which a violation of the Code is believed to exist.
Whenever a nuisance as declared by Section 112-6 of this Code is found on any plot of land, lot, right-of-way, or any other private premises or place, notice in writing 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 24 hours 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 speedily, 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.
Whenever a nuisance as declared by Section 112-6 of this Code is found on any public property or in any highway or 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 enforcing officer may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
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 enforcing officer shall proceed to abate the nuisance or cause it to be removed or abated by such means as said officer may deem proper.
The Township Committee or West Deptford Township Police Department may institute an action at law to recover costs incurred by it in the removal or abatement of any noise or nuisance as declared by Sections 112-6 and 112-7 of this Code from any person who shall have cause or allow such noise or nuisance to exist, or from any owner, tenant, or occupant of premises to, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
Every day that any person, firm or corporation violates any provision of this chapter, shall be considered to be a separate occurrence and a separate and distinct offense for which a separate fine or a term of imprisonment or both can be ordered.
Any person, firm or corporation which violates any provision of this chapter shall, upon conviction, be subject to a fine of up to $500, for each separate violation, or a term of imprisonment not to exceed 90 days for each separate violation, or both.
This chapter shall take effect upon final passage and publication according to law.