[HISTORY: Adopted by the Council of the Borough of Milford 7-6-1970 as § 5-4 of Ch. 5 of the Revised General Ordinances; amended in its entirety 8-1-2022 by Ord. No. 944-2022. Subsequent amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Borough of Milford in removing or abating nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950.[1] A copy of the code is annexed hereto and made a part hereof without the inclusion of the text.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
The code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the Clerk of the Borough and will remain on file there for the use and examination of the public.
It shall be unlawful for a person or entity to make, continue or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which does or is likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of others. Specifically exempted hereunder is noise presumed not to be a nuisance pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1. This Article II is modeled after the municipal nuisance ordinance, which was reviewed and found to be enforceable by the New Jersey Superior Court, Appellate Division, in State v. Clarksburg Inn, 375 N.J. Super. 624 (App. Div. 2005).
Without intending to limit the scope of § 127-4, the following acts are hereby declared to be examples of loud, disturbing, and unnecessary noise in violation of this Article II of Chapter 127:
A. 
Radios; televisions; stereos; 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 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, stereo, phonograph, machine, or device so that it is clearly audible 100 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this Article II.
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, disturbs the comfort or repose of any person in the vicinity; but nothing herein contained is intended to apply to a lawfully licensed dog pound or kennel.
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 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 an unreasonably loud or harsh sound, or for an unnecessary or unreasonable period of time.
E. 
Exhausts: the discharge into the open air of the exhaust of any engine or motor vehicle or stationary internal combustion engine, except through a muffler or other device that effectively prevents loud or explosive noises.
F. 
Construction or repair: The exterior use or operation of motorized or mechanical construction equipment, machinery, tools or vehicles in connection with the performance of excavation, demolition, construction, repair or alteration work, including the loading, unloading, delivery or pickup of construction equipment, materials, boxes, crates, containers and the delivery and/or pickup of any such equipment or materials, if such work generates noise that disturbs the peace, quiet, and comfort of neighboring inhabitants and is clearly or plainly audible at a distance of 100 feet from the building, structure, or vehicle in which it is located, other than between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and 8:00 a.m. and 8:00 p.m., Saturday and Sunday, is prohibited. In the case of urgent necessity or in the interest of the public's health or safety, the Code Enforcement Officer may grant a permit for excavation, demolition, 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 the hours of 8:00 p.m. and 7:00 a.m., Monday through Friday, and 8:00 p.m. and 8:00 a.m., Saturday and Sunday.
G. 
Landscaping equipment and power tools: No person shall operate or cause to be operated upon any property in a residential zone any motorized landscaping equipment, machinery, generators for nonemergency use, or power tools, including, but not limited to, power drills, sanders, grinders, leaf blowers, lawn mowers, or edgers, outdoors in a manner as to disturb the peace, quiet and comfort of neighboring inhabitants and that is clearly or plainly audible at a distance of 100 feet between the hours of 8:00 p.m. and 7:00 a.m., Monday through Friday, and 8:00 p.m. and 8:00 a.m., Saturday and Sunday.
A. 
Activities of municipal departments in the performance of their duties, drills, or public demonstrations;
B. 
Activities in public parks, playgrounds, or public buildings under permission or authority of municipal officials;
C. 
Activities sponsored by or authorized by any public board of education or governing body of any private school duly licensed by an agency of the State of New Jersey;
D. 
Any agricultural-related activities taking place on any property qualifying for protections secured under the New Jersey Right to Farm Act (N.J.S.A. 4:1C-1 et seq.);
E. 
Implements or machinery used in removal of snow or ice, such as snowblowers and snowplows;
F. 
Emergency and standby generators; and
G. 
Road construction, maintenance, and utility work including the performance of any work by a public utility as defined in Title 48 of the New Jersey Revised Statutes or to any employee of such utility.
Complaints for violations of any of the provisions of this chapter are hereby authorized to be made by any person or resident, or the State Code Enforcement Officer.
A. 
Violation of any provision of this chapter shall be cause for a Municipal Court summons to be issued by the Code Enforcement Official, or any member of the public who is affected by excessive noise.
B. 
Any person who shall be found to be in violation of this chapter shall, upon conviction, be subject to a fine of not less than $150 nor more than $2,000. Each day any violation of this chapter shall continue shall constitute a separate offense.