[2-27-2024 by Ord. No. 2024-07[1].]
A. 
Adoption by Reference. Pursuant to Chapter 188, Laws of 1950, the "Public Health Nuisance Code of New Jersey (1953)" is adopted by reference for the Borough with the exception of Sections IV and VI and made a part of this section without the inclusion of the text herein. The code defines and prohibits certain matters, things, conditions, or acts as a nuisance and authorizes the inspection of premises by the Board of Health and provides for removal or abatement of certain nuisances, as well as recovery of expenses incurred by the Board of Health.
B. 
Public Record. Three copies of the "Public Health Nuisance Code of New Jersey (1953)," plainly marked as to the sections adopted, have been placed on file in the office of the Borough Clerk and shall remain on file for the use and examination of the public.
[1]
Editor's Note: This ordinance also repealed former Chapter 8.20, Nuisances, consisting of Prior code § 10-2, 10-3 and Ord. 93-2, Ord. 99-19, Ord. 2000-10
[2-27-2024 by Ord. No. 2024-07]
In addition to the matters, things, conditions, and/or acts prohibited in the "Public Health Nuisance Code of New Jersey (1953)," the following are declared to be nuisances.
A. 
Below-Grade Lands.
1. 
No property owner in the Borough shall maintain his or her property below the grade established by the Borough engineer or permit or suffer to be maintained on his or her property any low areas wherein water may accumulate and which may become mosquito breeding pools.
2. 
In the event that any property owner maintaining a nuisance on his or her property, as described in this subsection, shall fail to abate such nuisance within 30 days from receipt of written notice to do so, the Borough shall arrange for the abatement of the nuisance set forth in the notice, at the expense of the property owner involved, and the cost thereof as ascertained by the Borough, plus interest, shall be collected from the owner.
B. 
Water Pollution. No person shall place upon the banks of or discharge into any natural body of water any material tending to pollute such water or maintain any toilet, cesspool, or other receptacle or device for the disposal of excrement or other waste matter, human or otherwise, which is not watertight or from which the waste matter escapes into any natural body of water for any reason, including flooding by storms or unusually high tides.
C. 
Sanitation of Privies. No person shall maintain any cesspool, private disposal plant, outdoor toilet, or privy in any unsanitary condition, or so that offensive odors will emanate therefrom, or one not provided with a well-fitting, fly-proof cover.
D. 
Foul Discharges. No person shall discharge foul or nauseous liquids or kitchen slops from any establishment so that such liquids shall pass into or along any of the public streets or highways.
E. 
Dead Animals. No person shall cast or lay the carcass of any dead animal or any excrement or filth on any roadway in the Borough or on any vacant land.
F. 
No person shall neglect to provide and use garbage cans with tight fitting covers when disposing of garbage, litter, refuse, or rubbish. No person shall overload any garbage can so that the gross weight exceeds 100 pounds, nor shall any person willfully upset garbage cans on any street or sidewalk.
G. 
Hazards to Persons.
1. 
No person shall maintain or permit the maintenance on property owned or controlled by him or her of anything or condition likely to cause injury to any person, including, but not limited to, the following:
a. 
A water-filled excavation;
b. 
Any type of motor vehicle body, frame, or chassis, any motor vehicles unable to be self-propelled, or any abandoned motor vehicles;
c. 
A crumbling stone or brick wall imperiling a sidewalk area;
d. 
Abandoned boats or any type of recreational vehicle;
e. 
1 or more mounds of girders, lumber, or other building material;
f. 
An uncovered or exposed wall;
g. 
An excavation or cellar which has remained uncovered or unfenced for 30 days;
h. 
Refuse and debris resulting from construction activities or the demolishing of a building which has remained on the land for a period of one month or more after completion of the construction or demolition work.
2. 
This subsection shall not apply to any lawful business requiring the maintenance of the thing or condition in question, provided there is compliance with all applicable laws, regulations, and provisions of the Borough Code and adequate precautions are taken to prevent injuries to persons and the public health, welfare, and safety.
H. 
Bulkheads in Disrepair. No property owner shall allow bulkheads in such state of disrepair as to permit the earth and fill behind the bulkhead to wash into the tidal waters abutting the bulkhead or to endanger or be likely to endanger persons or property.
I. 
Depressions or Holes Created Behind Bulkheads and Retaining Walls. No property owner shall allow depressions or holes created behind bulkheads and retaining walls as a result of the disrepair of such bulkhead or retaining wall as hereinabove described which may endanger or be likely to endanger persons or property.
J. 
Noises. When the noise emanating from the following 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.
1. 
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.
2. 
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.
3. 
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.
4. 
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.
K. 
Construction Equipment. Excluding emergency work, the operation of any equipment used in commercial construction, repair, alteration, or demolition work on buildings, structures, streets, or appurtenances thereto on residential or commercial property shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, 6:00 p.m. and 9:00 a.m. on Saturdays and federal holidays, and shall not be performed at all on Sundays.
L. 
Landscaping Equipment. Excluding emergency work, power tools, home maintenance tools, landscaping, and/or yard maintenance equipment used by residential operators (e.g., owners and tenants) shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or federal holidays. Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g., commercial operators, public employees, and third parties) shall not be operated on a residential or commercial property between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 9:00 a.m. on Saturdays and federal holidays and shall not be performed at all on Sundays.
M. 
Loading Operations and Refuse-Compacting Vehicles. Loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage cans, garbage pickup, or similar objects, or the operating or permitting the operation of any motor vehicle which can compact refuse, and which creates, during the compacting cycle, a disturbing noise shall not be performed between the hours of 6:00 p.m. and 7:00 a.m., except that municipal waste pickup may begin at 6:00 a.m. on scheduled pickup days during weekdays.
N. 
Animals. No person shall keep, harbor, or maintain any animals which habitually cries, barks, howls, caws, or otherwise disturbs the peace.
O. 
Light.
1. 
Placing or maintaining spotlights or other types of artificial lighting that provide a concentrated beam of light extending beyond any property lines.
2. 
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.
3. 
All outdoor lighting shall be of a soft or glare-free type and shall not cast an illumination color which shall be distractive, obliterate, or obscure the view, or be ultraviolet, strobic, pulsating, flashing, travel, or of any unnatural kind.
4. 
No outdoor lighting or outdoor light fixtures shall shine directly upon any neighboring property or into any room or rooms of structures on any neighboring property in a manner that creates glare for the occupants of any neighboring property or in such a manner that the lighting constitutes an objectionable glare source.
5. 
No outdoor lighting or outdoor light fixtures at any property shall be permitted where such create light trespass.
6. 
No outdoor lighting shall be located on any structure adjacent to a natural body of water if such outdoor lighting creates glare, constitutes a safety hazard, or otherwise constitutes an objectionable direct glare source.
[2-27-2024 by Ord. No. 2024-07]
This chapter is intended to apply and to bind the owners, tenants, occupants, guests, and all other persons. This chapter shall not apply to representatives and employees of the Borough performing tasks on official business of the Borough or for specific activities authorized by the mayor and council.
[2-27-2024 by Ord. No. 2024-07]
A. 
It shall be the duty of the police department and code enforcement officials to determine whether or not this chapter has been and is being complied with, and to enforce the provisions of this chapter against any person violating the same.
B. 
Any police officer or code enforcement official or any individual person may file a complaint in municipal court violations of this chapter.