[New; Ord. #2002-10; Ord. #2006-10]
For violation of any provision of this chapter, any other chapter
of this revision, or any other ordinance of the township where no
specific penalty is provided regarding the section violated, the maximum
penalty, upon conviction, shall be a fine not exceeding $2,000, or
imprisonment for a period not exceeding 90 days, or both. In addition
to or in lieu of a fine or imprisonment, the court may impose a penalty
of community service for a period not exceeding 90 days. (N.J.S.A.
40:49-5)[1]
[1]
Editor's Note: Pursuant to N.J.S.A. 40:49-5, any municipality
that chooses to impose a fine in an amount greater than $1.250 upon
an owner for violations of housing or zoning codes shall provide a
thirty-day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1.250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
Except as otherwise provided every day in which a violation
of any provision of this chapter or any other ordinance of the township
exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
The township committee may prescribe that, for the violation
of any particular Code provision or ordinance, at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $100. (N.J.S.A. 40:49-5)
[Ord. #64-2]
As used in this section:
a.
LITTER - Shall mean "garbage," "refuse," and "rubbish" as defined
herein and all other junk or waste material including abandoned automobiles,
which, if thrown, deposited or stored as herein prohibited, tends
to create a danger to public health, safety and welfare.
b.
GARBAGE - Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking or consumption of food.
c.
REFUSE - Shall mean all putrescible solid wastes (except body wastes)
including garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, dismantled automobiles and parts thereof, scrap
metal, junk, machinery and solid market and industrial wastes.
d.
RUBBISH - Shall mean non-putrescible solid wastes consisting of both
combustible and non-combustible wastes, such as but not limited to
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood grass, bedding, crockery, building materials and other
similar materials.
e.
ABANDONED AUTOMOBILE - Shall mean any unlicensed or unregistered
automobile which is in such condition that it cannot operate under
its own power. Any automobile in such condition which is permitted
to remain on any property for more than 48 hours, the owner of which
has taken no steps to effect the repair or removal thereof shall,
prima facie be deemed to be abandoned.
f.
PRIVATE PREMISES - Shall mean any dwelling house, building or other
structure designed or used whether wholly or in part for private residential
purposes whether inhabited or temporarily or continuously uninhabited
or vacant and shall include any yard, ground, walk, driveway, porch,
steps or vestibule belonging to appurtenant to such dwelling, house,
building or other structure.
g.
PUBLIC PLACE - Shall mean any street, sidewalks, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
h.
PUBLIC STRUCTURE OR BUILDING - Shall mean any structure or building
owned or operated by the Federal, county, or State government or any
governmental agency.
No person shall throw or deposit litter in or upon any street,
sidewalk or other public place within the township except in public
receptacles or in authorized private receptacles for collection, or
in official township dumps.
Persons placing litter in public receptacles or in authorized
private receptacles shall do so in such a manner as to prevent it
from being carried or deposited by the elements upon any street, sidewalk
or other public place.
No person shall sweep into or deposit in any gutter, street
or other public place within the township the accumulation of litter
from any building or lot or from any public or private sidewalk or
driveway. Person owning or occupying property shall keep the sidewalk
or in front of premises free of litter.
No person while a driver or passenger in a vehicle shall throw
or deposit litter upon any street or other public place within the
township.
No person shall drive or move any truck or other vehicle within
the township unless such vehicle is so constructed or loaded as to
prevent any load or contents of litter from being blown or deposited
upon any street, alley or other public place.
No person shall throw, deposit or store litter on any private
property within the township whether owned by the person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection and removal of same
in such manner that same shall not be unsightly and detrimental to
the surrounding neighborhood.
The owner or person in control of any private property shall
at all times maintain the premises free of litter, provided, that
this section shall not prohibit the storage of litter in authorized
private receptacles for collection.
[Ord. #44-1]
Any person who shall go about from door to door, or place themselves
in streets, highways or passages, to bag or solicit alms or charity,
or who shall wander from place to place and beg or solicit charity
under pretense of being or having been soldiers, marines, or seafaring
men, or of loss by fire or other casualty, or by war or other pretense
or thing, or who shall wander from place to place and lodge in taverns,
inns, beer houses, houses of entertainment, market houses, outhouses,
barns, or other places, or in the open air, and not give a good account
of themselves, and all persons who shall leave or threaten to leave
their families to be maintained by the township or to become chargeable
thereto, shall be deemed and adjudged to be disorderly persons.
Any person who shall keep or maintain in the township a disorderly
house or house of ill fame shall be deemed and adjudged to be a disorderly
person.
Any person who shall keep or maintain or permit to be set up,
in the township in any premises occupied or controlled by him any
boxing ring, cock pit, or other place for the exhibition of animals
in fight or any faro table, roulette wheel, or any other device for
the purpose of gambling shall be deemed and adjudged to be a disorderly
person.
Any person who shall engage in the township in any fight or
brawl shall be deemed and adjudged to be a disorderly person.
Any person who shall be under the influence of intoxicating
liquor in any street or other place in the township to the annoyance
of any person or to the disturbance of the peace shall be deemed and
adjudged to be a disorderly person. Any person who, being under the
influence of intoxicating liquor, shall loiter, lounge, or sleep in
any of the streets, roads, highways, or public places in the township
shall be deemed and adjudged to be a disorderly person.
Any person who shall loiter, lounge, or sleep, or who shall
indulge in and utter loud and offensive or indecent language in any
quasi public place in the township shall be deemed and adjudged to
be a disorderly person.
Any person who shall by word, act, sign or any device invite
or solicit unlawful sexual intercourse, or any other unlawful, indecent,
lewd, or lascivious act, shall be deemed and adjudged to be a disorderly
person.
Any person, who, being naked shall swim or bathe in any stream,
canal, pond, pool, or lake in the township shall be deemed and adjudged
to be disorderly person.
Any person who shall willfully disturb any public school, religious
or other public meeting either by making a noise or by rude behavior
or language shall be deemed and adjudged to be a disorderly person.
Any person who shall enter the building or go upon the lands
belonging to the board of education of the township, or used and occupied
for school purposes and shall break or injure or deface such building
or any part thereof, of the fences or outhouses belonging to or connected
with such building or lands, or shall disturb the exercises of the
school, or molest or give annoyance to the children attending such
school, or any teacher therein, shall be deemed and adjudged to be
a disorderly person.
Any person who shall in any place in the township make, aid,
or assist in making any improper noises, riot, disturbance or breach
of the peace or shall behave in disorderly manner or make use of obscene
or profane language, or who shall indecently expose his person and
all persons who shall collect in bodies or crowds for idle or unlawful
purposes shall be deemed and adjudged to be disorderly persons.
Any person who shall be apprehended having upon him or her any
pick-lock, key, crow, jack, bit or other implement with an intent
to break and enter into any building, or shall have upon him or her
any pistol, hammer, cutlass, bludgeon or other offensive or dangerous
weapon, with intent to assault any person; or shall be found in or
near any bungalow, dwelling house, barn, garage, or other building,
or in any place of public resort or assemblage for business, worship,
amusement or other lawful purpose, with an intent to steal any goods
or chattels, shall be deemed and adjudged to be a disorderly person.
Any person who shall throw any stone or other thing capable
of doing injury, at any other person, or building, fence, post, shade
tree or into any garden or other enclosure shall be deemed and adjudged
to be a disorderly person.
Any person who shall break, injure or deface any of the buildings
or other property of the township shall be deemed and adjudged to
be a disorderly person.
Any person who shall maliciously destroy, damage or injure any
property within the township and not his own, shall where the damage
does not exceed the sum of $25 be deemed and adjudged to be a disorderly
person.
Any person either as owners, lessees, or otherwise, who shall
keep or maintain a hall, saloon, house or other building in which
or in any part of which illegal practices are carried on shall be
deemed and adjudged to be a disorderly person.
Any person, who shall willfully and maliciously ring, or cause
to be rung, any bell or alarm of any fire company in the township,
and thereby give or cause to be given a false alarm of fire, shall
be deemed and adjudged to be a disorderly person.
Any person, who shall obtain food, lodging, or other accommodation
or service at a hotel, inn, boarding or eating house, culinary establishment,
or hospital, with intent to defraud the owner or keeper thereof, shall
be deemed and adjudged to be a disorderly person.
Any person, who shall overdrive, overload, drive when overloaded,
overwork, torture, torment, deprive of necessary sustenance or cruelly
beat or otherwise abuse or needlessly mutilate or kill, any living
animal shall be deemed and adjudged to be a disorderly person.
Any person, who shall trespass on any land or property within
the township, after being forbidden so to trespass by the owner, occupant,
lessee or licensee thereof, or public notice on the part of the owner,
occupant, lessee or licensee forbidding such trespassing shall have
been conspicuously posted, shall be deemed and adjudged to be a disorderly
person.
Any person, who shall go into or upon any cemetery within the
township with the intent to do damage therein or to commit a breach
of the peace, or who being apprehended therein shall or cannot give
a good account of himself, shall be deemed and adjudged to be a disorderly
person.
Any person, who shall operate a motor boat, ice boat, sail boat,
icesled or other boat or vehicle in or upon any stream, canal, pond,
or lake in the township in such a manner and at such a speed as to
endanger the lives or properties of other persons, shall be deemed
and adjudged a disorderly person.
Any person, who shall have in his possession or custody any
lottery slips, books, or records pertaining to a lottery, or any person
who shall have in his possession or have in an automobile in his custody
any ticket, slip, paper, document or memoranda in any way pertaining
to the business of a number game, shall be deemed and adjudged to
be a disorderly person. "Number game" as used in this section is defined
as any betting on any number or numbers, or sets or arrangements of
numbers, on or according to any plan or method whatsoever.
[Ord. #64-4]
It shall be unlawful for any person, either for himself or as
agent or representative of another person, or as an officer or agent
of any corporation or as a member of a partnership, with intent to
defraud, to make, draw, utter, or deliver any check, draft or order
for the payment of money in a sum not in excess of $200 upon any bank
or other depository, knowing at the time of so doing that the maker,
or drawer, has no funds or insufficient funds in, or credit with,
such bank or other depository for the payment in full of such instrument
upon its presentation although no express representation is made in
reference thereto.
The making, drawing, uttering or delivering of a check, draft
or order as stated in the foregoing section shall be prima facie evidence
of intent to defraud, and the certificate of protest of nonpayment
of same shall be presumptive evidence that there were no funds or
insufficient funds in, or credit with such bank or other depository
and that the person making, drawing, uttering or delivering the instrument
knew that there were no funds or insufficient funds in or credit with
such bank or other depository.
[Ord. #71-9; Ord. #98-04]
As used in this section.
Shall mean, but not be limited to, minibikes, trail bicycles,
dirt bikes, motor scooters, go-carts, swamp buggies, all terrain vehicles,
including the three and four wheel variety, snowmobiles, as well as
any other motor driven vehicle designed primarily for off-road use,
regardless of whether it is registered under Title 39, the New Jersey
Motor Vehicle Statute. The definition of snowmobile and all terrain
vehicle shall also include those terms as defined under N.J.S.A. 39:3C-1.c &
e.
It shall be unlawful to operate any motor driven vehicle of type described in subsection 3-5.1 within the township under the following circumstances:
a.
On private property of another without the express permission to
do so by the owner or occupant of the property.
b.
On any private street or right of way.
c.
On public grounds within the township without the express permission
or approval of the public authority having charge or control thereof
and then only in accordance with such rules and regulations as such
public authority may impose.
d.
In such manner as to create loud unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
e.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety of any person or the property of
any person.
Any person under the age of 18 years who shall violate any of
the provisions of this section shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
Any motor vehicle as defined under subsection 3-5.1, operated within the township shall comply with all relevant provisions of N.J.S.A. 39:3C-1, et seq., including, but not limited to, the registration provisions contained in N.J.S.A. 39:3C-3 and the "Unlawful Act" regulations contained in N.J.S.A. 39:3C-19.
Any police officer enforcing this section may impound any motor
driven vehicle operated on public or private property in violation
of this section or any violation of applicable State law.
In cases involving persons under the age of 18 years old, the
vehicle may be returned to the operator's parent or legal guardian
upon payment of all costs and fees associated with the impoundment
which may include but not be limited to storage fees. In the case
of an unregistered vehicle, the vehicle shall be released from impoundment
upon proof that the vehicle has been properly registered and insured
under the New Jersey Statutes and upon payment of all fees and costs
incurred in the impoundment including, but not limited to, storage
fees.
Violations of this section shall be subject to the penalties set forth in Section 3-1.
[Ord. #77-20]
It shall be lawful to conduct and play the game of chance commonly
known as bingo between the hours of 2:00 p.m. and midnight on the
first day of the week, which is commonly known and designated as Sunday,
pursuant to the provisions of the "Bingo Licensing Law" as set forth
in New Jersey Revised Statutes 5:8-24, etc.
[Ord. No. 2014-17]
The Township Clerk is hereby authorized and delegated to approve
the granting of bingo and raffle licenses to be held in the Township
of Wantage.
[Ord. #01-01; Ord. #01-06; Ord. #01-10]
a.
Pursuant to N.J.S.A. 2C:35-7 and 7.1, there is an enhanced criminal
penalty for a person convicted of violating N.J.S.A. 2C:35-5 by distributing,
dispensing or possessing with the intent to distribute a controlled
dangerous substance or controlled substance analog while on any school
property used for school purposes which is owned by or leased to any
elementary, or secondary school or school board, or within 1,000 feet
of such school property or a school bus, or while on any school bus
or on or within 500 feet of real property comprising a public park
or public building.
b.
N.J.S.A. 2C:35-7.1 defines "public park" to mean a park, recreation
facility or area or playground owned or controlled by a State, county
or local government unit, and "public building" means any publicly
owned or leased library or museum.
c.
The Township Engineer has prepared a map of those properties in the
Township of Wantage coming within the definitions previously set forth
and of such areas within 1,000 feet of school property and within
500 feet of public parks or public buildings, as defined by N.J.S.A
2C:35-7 et seq. In accordance with the Act, the map shall be filed
with the Clerk of the Township of Wantage and maintained as an official
record of the township.
The map prepared by the Wantage Township Engineer, Harold E.
Pellow & Associates, entitled "Drug Enforcement Safety Map" dated
July 16, 2001, is hereby approved as an official finding and record
of the location and boundaries of the area or areas on or within 1,000
feet of school property, as owned or leased to any elementary or secondary
school or school board; and the map also depicts the area or areas
on or within 500 feet of public parks and/or public buildings within
the Township of Wantage, within the definitions of N.J.S.A. 2C:35-7
and 7.1.
The original maps shall be filed with the Wantage Township Clerk
and maintained as an official record of the Township.
The school board, or the chief administrative officer in the
case of any private or parochial school, and the township clerk/administrator
for the public parks or public library, are hereby directed and shall
have the continuing obligation to promptly notify the township engineer
and the township attorney of any changes or contemplated changes in
the location and boundaries of any property owned by or leased to
any elementary or secondary school or school board for schooling use,
or township public parks or public buildings.
[Ord. #2002-17]
Shall mean a person, other than a parent, to whom legal custody
of the juvenile has been given by court order.
Shall mean an individual who is under the age of 18 years.
Shall mean any place to which the public has access, including
but not limited to a public street, road, thoroughfare, sidewalk,
bridge, alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
It shall be unlawful for any person under the age of 18 years
to be or remain on any public place in the Township of Wantage on
October 30th and October 31st of each year between the hours of 10:00
p.m. and 6:00 a.m. of the following date, prevailing time, unless
such juvenile is accompanied by his or her parent or guardian.
No parent or guardian having the legal care or custody or responsibility,
as defined herein, for any juvenile shall knowingly permit any such
juvenile to violate the curfew provisions of this section.
a.
The juvenile is traveling directly to or returning from a hospital,
doctor's office, emergency care facility or pharmacy.
b.
The juvenile is traveling directly to or returning from his or her
place of employment.
c.
The juvenile is engaged in or going directly to or is returning from
a business or occupation, which the laws of the State of New Jersey
authorize a juvenile to perform.
d.
The juvenile is engaged in the performance of an errand at the direction
of the parent or guardian of such juvenile.
e.
The juvenile is going directly to, engaging in or returning from
school sponsored activities, an activity sponsored by the township
or by religious or community-based organizations or similar activities
provided the juvenile has the permission of his or her parent or guardian.
Any person violating the provisions of this section shall be
required to perform community service for a period not to exceed 90
days. If both a juvenile and the juvenile's parent or guardian violate
this section, they shall be required to perform community service
together. In addition to performing community service, the court may,
in its discretion, impose a fine on any violator of up to $1,000.
[Added 3-11-2021 by Ord.
No. 2021-02]
WHEREAS, excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life; and
WHEREAS, a substantial body of science and technology exists
by which excessive sound may be substantially abated; and
WHEREAS, the people have a right to, and should be ensured of,
an environment free from excessive sound;
Now THEREFORE, it is the policy of Township of Wantage to prevent
excessive sound that may jeopardize the health, welfare, or safety
of the citizens or degrade the quality of life.
This section shall apply to the control of sound originating
from sources within the Township of Wantage.
The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates
otherwise. Terms not defined in this section have the same meaning
as those defined in N.J.A.C. 7:29.
Any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
The sound level as measured using the "C" weighting network
with a sound level meter meeting the standards set forth in ANSI S1.4-1983
or its successors. The unit of reporting is dB(C). The "C" weighting
network is more sensitive to low frequencies than is the "A" weighting
network.
Any dismantling, destruction or removal of buildings, structures,
or roadways.
The New Jersey Department of Environmental Protection.
Any work or action necessary at the site of an emergency
to restore or deliver essential services, including, but not limited
to, repairing water, gas, electricity, telephone, sewer facilities,
or public transportation facilities, removing fallen trees on public
rights-of-way, dredging navigational waterways, or abating life-threatening
conditions or a state of emergency declared by a governing agency.
Either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
A violation that is not the result of the purposeful, reckless
or criminally negligent conduct of the alleged violator; and/or the
activity or condition constituting the violation has not been the
subject of an enforcement action by any authorized local, county or
state enforcement agency against the violator within the immediately
preceding 12 months for the same or substantially similar violation.
Any vehicle that is propelled other than by human or animal
power on land.
A properly functioning sound dissipative device or system
for abating the sound on engines or equipment where such device is
part of the normal configuration of the equipment.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public service property
having boilers, incinerators, elevators, automatic garage doors, air
conditioners, laundry rooms, utility provisions, or health and recreational
facilities, or other similar devices or areas, either in the interior
or on the exterior of the building, which may be a source of elevated
sound levels at another category on the same distinct parcel of land;
or
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
An employee of a municipality, county or regional health
commission that has a Department-approved model noise control ordinance
and the employee has not received noise enforcement training as specified
by the Department in N.J.A.C. 7:29. However, they are knowledgeable
about their model noise ordinance and enforcement procedures. A Noise
Control Investigator may only enforce provisions of this section that
do not require the use of a sound level meter. The employee must be
acting within his or her designated jurisdiction and must be authorized
to issue a summons.
An employee of a local, county or regional health agency
which is certified pursuant to the County Environmental Health Act
(N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities
or an employee of a municipality with a Department-approved model
noise control ordinance. All NCOs must receive noise enforcement training
as specified by the Department in N.J.A.C. 7:29 and be currently certified
in noise enforcement. The employee must be acting within his or her
designated jurisdiction and must be authorized to issue a summons.
Any sound that can be detected by an NCO or an NCI using
his or her unaided hearing faculties of normal acuity. As an example,
if the sound source under investigation is a portable or vehicular
sound amplification or reproduction device, the detection of the rhythmic
bass component of the music is sufficient to verify plainly audible
sound. The NCO or NCI need not determine the title, specific words,
or the artist performing the song.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a nongovernmental
entity.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
entity.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either a) the vertical boundary that separates one parcel
of property (i.e., lot and block) from another residential or commercial
property; b) the vertical and horizontal boundaries of a dwelling
unit that is part of a multi-dwelling-unit building; or c) on a multi-use
property as defined herein, the vertical or horizontal boundaries
between the two portions of the property on which different categories
of activity are being performed (e.g., if the multi-use property is
a building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area, or if there is an outdoor sound source
such as an HVAC unit on the same parcel of property, the boundary
line is the exterior wall of the receiving unit). Note: This definition
shall not apply to a commercial source and a commercial receptor which
are both located on the same parcel of property (e.g., a strip mall).
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
Any device, such as a muffler, baffle, shroud, jacket, enclosure,
isolator, or dampener provided by the manufacturer with the equipment,
or that is otherwise required, that mitigates the sound emissions
of the equipment.
Any day that is not a federal holiday, and beginning on Monday
at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
Beginning on Friday at 6:00 p.m. and ending on the following
Monday at 7:00 a.m.
a.
This noise section applies to sound from the following property categories:
b.
This noise section applies to sound received at the following property
categories:
c.
Sound from stationary emergency signaling devices shall be regulated
in accordance with N.J.A.C. 7:29-1.4, except that the testing of the
electromechanical functioning of a stationary emergency signaling
device shall not meet or exceed 10 seconds.
b.
Sound production devices required or sanctioned under the Americans
with Disabilities Act (ADA), FEMA or other government agencies to
the extent that they comply with the noise requirement of the enabling
legislation or regulation. Devices which are exempted under N.J.A.C.
7:29-1.5 shall continue to be exempted.
c.
Construction and demolition activities are exempt from the sound level limits set forth in Tables I and II and III except as provided for in Subsection 3-9.9 below.
d.
Activities permitted pursuant to the Right to Farm Act, N.J.S.A.
4:1C-1 et seq.
a.
Noise Control Officers shall have the authority within their designated
jurisdiction to investigate suspected violations of any section of
this section and pursue enforcement activities.
b.
Noise Control Investigators shall have the authority within their
designated jurisdiction to investigate suspected violations of any
provision of this section that do not require the use of a sound level
meter (i.e., plainly audible, times of day and/or distance determinations)
and pursue enforcement activities.
c.
Noise Control Officers and Investigators may cooperate with NCOs
and NCIs of an adjacent municipality in enforcing one another's
municipal noise ordinances.
a.
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 3-9.6b of this section and with the definition of "real property line" as contained herein.
b.
When conducting indoor sound level measurements across a real property
line, the measurements shall be taken at least three feet from any
wall, floor or ceiling, and all exterior doors and windows may, at
the discretion of the investigator, be closed. The neighborhood residual
sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2.
When measuring total sound level, the configuration of the windows
and doors shall be the same, and all sound sources within the dwelling
unit must be shut off (e.g., television, stereo). Measurements shall
not be taken in areas which receive only casual use such as hallways,
closets and bathrooms.
a.
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-9.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Subsection 3-9.6b.
b.
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound
shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00
a.m., impulsive sound which occurs less than four times in any hour
shall not equal or exceed 80 decibels. Impulsive sound which repeats
four or more times in any hour shall be measured as continuous sound
and shall meet the requirements as shown in Tables I and II.
|
Table I
Maximum Permissible A-Weighted Sound Levels
When Measured Outdoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of Multi-Use Property
|
Commercial Facility, Public Service Facility, Nonresidential
Portion of a Multi-Use Property, or Community Service Facility
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
65
|
50
|
65
|
|
Table II
Maximum Permissible A-Weighted Sound Levels
When Measured Indoors
| |||
|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of Multi-Use Property
|
Commercial Facility, or Nonresidential Portion of a Multi-Use
Property
| |
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
|
Maximum A-weighted sound level standard, dB
|
55
|
40
|
55
|
|
Note: Table II shall only apply when the source and the receptor
are separated by a real property line and they also share a common
or abutting wall, floor or ceiling, or are on the same parcel of property.
|
|
Table III
Maximum Permissible Octave Band Sound Pressure Levels in Decibels
| ||||||
|---|---|---|---|---|---|---|
|
Receiving Property Category
|
Residential Property, or Residential Portion of a Multi-Use
Property
OUTDOORS
|
Residential Property, or Residential Property of a Multi-Use
Property
INDOORS
|
Commercial Facility, Public Service Facility, Non-residential
Portion of a Multi-Use Property, or Community Service Facility
OUTDOORS
|
Commercial Facility or Non-residential Portion of a Multi-Use
Property
INDOORS
| ||
|
Octave Band Center Frequency, Hz.
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level, dB
|
Octave Band Sound Pressure Level dB
|
Octave Band Sound Pressure Level, dB
| ||
|
Time
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
|
24 hours
|
24 hours
|
|
31.5
|
96
|
86
|
86
|
76
|
96
|
86
|
|
63
|
82
|
71
|
72
|
61
|
82
|
72
|
|
125
|
74
|
61
|
64
|
51
|
74
|
64
|
|
250
|
67
|
53
|
57
|
43
|
67
|
57
|
|
500
|
63
|
48
|
53
|
38
|
63
|
53
|
|
1,000
|
60
|
45
|
50
|
35
|
60
|
50
|
|
2,000
|
57
|
42
|
47
|
32
|
57
|
47
|
|
4,000
|
55
|
40
|
45
|
30
|
55
|
45
|
|
8,000
|
53
|
38
|
43
|
28
|
53
|
43
|
|
Note: When octave measurements are made, the sound from the
source must be constant in level and character. If octave band sound
pressure level variations exceed plus or minus 2dB in the bands containing
the principal source frequencies, discontinue the measurement.
|
No person shall cause, suffer, allow or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV when measured within the residence of a complainant according to the measurement protocol in Subsection 3-9.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
|
Table IV
Maximum Permissible Increse in Total Sound Levels
Within a Residential Property
| |
|---|---|
|
Weeknights 10:00 p.m. to 7:00 a.m.
Weekend nights 11:00 p.m. to 9:00 a.m.
|
All other times
|
|
3 dB(C)
|
6dB(C)
|
a.
The following standards shall apply to the activities or sources
of sound set forth below:
1.
Motorized snow removal equipment shall be operated with a muffler
and/or a sound reduction device when being used for snow removal.
At all other times, the limits set forth in Tables I, II or III do
not apply.
2.
All interior and exterior burglar alarms of a building or motor vehicle
must be activated in such a manner that the burglar alarm terminates
its operation within five minutes for continuous airborne sound and
15 minutes for intermittent sound after it has been activated. At
all other times, the limits set forth in Tables I, II or III do not
apply.
3.
Self-contained, portable, nonvehicular music or sound production
devices shall not be operated on a public space or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound,
operated on a public space or public right-of-way, from such equipment
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
4.
It shall be unlawful for any property owner or tenant to allow any
domesticated or caged animal to create a sound across a real property
line which unreasonably disturbs or interferes with the peace, comfort,
and repose of any resident, or to refuse or intentionally fail to
cease the unreasonable noise when ordered to do so by a Noise Control
Officer or Noise Control Investigator. Prima facie evidence of a violation
of this section shall include but not be limited to:
(a)
Vocalizing (howling, yelping, barking, squawking, etc.) for
five minutes without interruption, defined as an average of four or
more vocalizations per minute in that period; or
(b)
Vocalizing for 20 minutes intermittently, defined as an average
of two vocalizations or more per minute in that period.
b.
It is an affirmative defense under this subsection that the dog or
other animal was intentionally provoked to bark or make any other
noise.
Violations of each provision of this section shall be considered
purposeful and therefore non-minor violations.
a.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
b.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR Part 205.
c.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at distance of 25 feet in any direction from the operator
between the hours of 10:00 p.m. and 8:00 a.m.
d.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 8:00 a.m. and 10:00 p.m.
a.
Violation of any provision of this section shall be cause for a notice
of violation (NOV) or a notice of penalty assessment (NOPA) document
to be issued to the violator by the Noise Control Officer or Noise
Control Investigator.
b.
Any person who violates any provision of this section shall be subject
to a civil penalty for each offense of not more than the maximum penalty
pursuant to N.J.S.A. 40:49-5. If the violation is of a continuing
nature, each day during which it occurs shall constitute an additional,
separate, and distinct offense.
c.
Upon identification of a violation of this section, the Noise Control
Officer or Noise Control Investigator shall issue an enforcement document
to the violator. The enforcement document shall identify the condition
or activity that constitutes the violation and the specific provision
of this section that has been violated. It shall also indicate whether
the violator has a period of time to correct the violation before
a penalty is sought.
d.
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-9.2 of this section), an NOV shall be issued to the violator.
1.
The document shall indicate that the purpose of the NOV is intended
to serve as a notice to warn the responsible party/violator of the
violation conditions in order to provide them with an opportunity
to voluntarily investigate the matter and voluntarily take corrective
action to address the identified violation.
2.
The NOV shall identify the time period (up to 90 days), pursuant
to the Grace Period Law, N.J.S.A. 13:1D-125 et seq., where the responsible
party's/violator's voluntary action can prevent a formal
enforcement action with penalties issued by the Sussex County Department
of Health. It shall be noted that the NOV does not constitute a formal
enforcement action, a final agency action or a final legal determination
that a violation has occurred. Therefore, the NOV may not be appealed
or contested.
e.
If the violation is deemed by the Noise Control Officer or Noise
Control Investigator to be a non-minor violation, the violator shall
be notified that if the violation is not immediately corrected, an
NOPA with a civil penalty of not more than the maximum penalty allowed
pursuant to N.J.S.A. 40:49-5 will be issued. If a non-minor violation
is immediately corrected, an NOV without a civil penalty shall still
be issued to document the violation. If the violation occurs again
(within 12 months of the initial violation), an NOPA shall be issued
regardless of whether the violation is immediately corrected or not.
f.
The violator may request from the Noise Control Officer or Noise
Control Investigator an extension of the compliance deadline in the
enforcement action. The Noise Control Officer or Noise Control Investigator
shall have the option to approve any reasonable request for an extension
(not to exceed 180 days) if the violator can demonstrate that a good-faith
effort has been made to achieve compliance. If an extension is not
granted and the violation continues to exist after the grace period
ends, an NOPA shall be issued.
g.
The recipient of an NOPA shall be entitled to a hearing in a municipal
court having jurisdiction to contest such action.
h.
The Noise Control Officer or Noise Control Investigator may seek
injunctive relief if the responsible party does not remediate the
violation within the period of time specified in the NOPA issued.
i.
Any claim for a civil penalty may be compromised and settled based
on the following factors:
a.
If any provision or portion of a provision of this section is held
to be unconstitutional, preempted by federal or state law, or otherwise
invalid by any court of competent jurisdiction, the remaining provisions
of this section shall not be invalidated.
b.
All ordinances or parts of ordinances which are inconsistent with
any provisions of this section are hereby repealed as to the extent
of such inconsistencies.
c.
No provision of this section shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this section
or from other law.
[Added 6-24-2021 by Ord.
No. 2021-11]
Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021,
c. 16),[1] all cannabis establishments, cannabis distributors or
cannabis delivery services are hereby prohibited from operating anywhere
in the Township of Wantage, except for the delivery of cannabis items
and related supplies by a delivery service. This prohibition shall
also apply in those parts of the Township of Wantage under the jurisdiction
and authority of any independent state agency, commission or authority
located within the Township of Wantage, notwithstanding any state
law to the contrary.
[1]
Editor's Note: See N.J.S.A. 24:6I-45b.
