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 City of Garfield. 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 City 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.
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 City of Garfield. This chapter shall not apply to representatives
and employees of the City of Garfield performing tasks on official
business of the City of Garfield or for specific activities authorized
by the City Council.
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.
As used in this article, the following terms are defined as
set forth herein:
NUISANCE PROPERTY
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 §
221-13 are considered nuisance properties and are subject to the penalties and procedures as set forth in this article.
PROBATIONARY NUISANCE STATUS
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.
QUALIFYING CALLS
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:
A.
The sale, service, or consumption of alcoholic beverages.
B.
Disorderly conduct, disturbing the peace, littering or excessive
noise.
C.
Damage to property or injury to a person.
D.
Improperly parking a vehicle, or any motor vehicle violation,
on private property.
E.
Possession of a barking, howling, biting, or dangerous animal.
F.
Possession, distribution, or use of a controlled substance.
H.
Public urination, defecation, or indecent exposure.
J.
City property maintenance, zoning, construction, fire, and health
codes.
USER FEE
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 City department, division, agency, or authority, 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.
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.
B. Multifamily dwelling and hotel/motel uses:
(1) Five through 40 dwelling units: 10 qualifying calls.
(2) Forty-one through 80 dwelling units: 20 qualifying calls.
(3) Eighty-one through 200 dwelling units: 30 qualifying calls.
(4) Over 200 dwelling units: 40 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.