[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.
A.
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.
B.
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.
A.
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.
B.
Noise control officers shall not use this chapter in situations within
the jurisdiction of the Federal Occupational Safety and Health Act.
The Code Enforcement Officer or other official authorized
by the Township Committee to enforce this Code and chapter.
An individual, firm, corporation, association, society, partnership
and/or agents or employees.
Any person or group of persons either related or nonrelated
living under the same roof.
A.
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.
(1)
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of this municipality.
(2)
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.
(3)
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.
(4)
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.
(5)
The presence of any stagnant water in swimming pools in which mosquito
larvae breed or exist.
(6)
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.
(7)
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.
(8)
Any household that has more than four yard sales per year.
(9)
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.
A.
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]
B.
The following acts are hereby declared to be examples of unnecessary
noises or sounds in violation of this chapter.
(1)
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.
(2)
Servicing dumpsters. It is unlawful to disturb neighbor's repose
by servicing dumpsters prior to 6:00 a.m.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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]
C.
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:
A.
The use of bells, chimes, or sound amplifiers by churches engaged
in church activities.
B.
Activities of municipal departments in the performance of their duties,
drills or public demonstrations.
C.
Activities in public parks, playgrounds or public buildings under
permission or authority of officials of the Township of West Deptford.
D.
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.
A.
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.
B.
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.
A.
Whenever a nuisance as declared by § 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.
B.
Whenever a nuisance as declared by § 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.
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
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 §§ 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.
A.
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.
This chapter shall take effect upon final passage and publication
according to law.
