[HISTORY: Adopted by the Township Council of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-11-1990 by Ord. No. 1599 (Ch. 169 of the 1990 Code); amended in its entirety 11-12-2024 by Ord. No. 4452-24]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, requiring the proper heating of apartments, 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 Somerset County Health Department in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188 of the Laws of 1950.[1] A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereon herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
Said code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of said Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the Somerset County Health Officer and Clerk of the Township upon the introduction of this article and will remain on file there for use and examination by the public.
Section II, Nuisances defined and prohibited, Section 2.1, of the New Jersey Public Health Nuisance Code (1953) is hereby amended by the addition of the following subsection:
Section 2.1(j) The stockpiling or accumulating of composted sewage sludge which may cause odor nuisances or air pollution or threaten water pollution or which may attract flies or rodents or which may be located in a floodplain or within 200 feet of any well or stream.
As used in this article, the following terms shall have the meanings indicated:
ENFORCING OFFICIAL
Includes the Health Officer or other official authorized by the Somerset County Health Department to enforce this code and ordinance.
PERSON
Includes an individual, firm, corporation, association, society, partnership, and their agents or employees.
A. 
The following matters, things, conditions, or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
(1) 
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 this municipality either in their health, comfort or property.
(2) 
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, or gases as to cause injury, detriment, or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety.
(3) 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
(4) 
The growth, existence or presence of poison ivy within 20 feet of any property line.
(5) 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(6) 
The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or 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) 
The stockpiling or accumulating of composted sewerage sludge which may cause odor, nuisances or air pollution or threaten water pollution or which may attract flies or rodents or which may be located in a flood plain or within 200 feet of any well or stream.
(9) 
Any open or unguarded well, cistern, cesspool, excavation in which there has accumulated any surface or drainage water, or abandoned excavations situated within the Township. Any such public nuisance shall be abated without further notice by the owner of the land on which such public nuisance exists.
(a) 
For the purposes of the preceding nuisance, an open or unguarded well, cistern or cesspool is one which is not securely covered area, or completely enclosed by a permanent fence at least four feet in height; an unguarded excavation is one which is not completely enclosed by a fence at least four feet in height; and an abandoned excavation is one in which further construction has been permanently discontinued.
B. 
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied or is occupied as a residence by more than two families to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such manner that the temperature of said building where one or more persons reside shall always be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 6:00 a.m., the temperature must be maintained at a minimum of 65° F.
A. 
It shall be the obligation of the owner of any multiple dwelling to have the heating system supplying heat to said multiple dwellings inspected annually and in accordance with the provisions of N.J.S.A. 55:13A-1 et seq. and Chapter 151, Housing Standards. Said inspection shall be for the following purposes:
(1) 
To insure that the system is being maintained in accordance with the standards applicable to the system as of the time of installation;
(2) 
To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into health and/or safety hazards or become violations of these regulations;
(3) 
To confirm the ability of the system to fulfill the heating requirements provided hereunder. Annual certifications of the required inspections shall be made by the owners to the Somerset County Health Department by September 15 of each year. In addition to the required inspections under N.J.S.A. 55:13A-1 et seq., the Somerset County Health Department reserves the right to make additional inspections of heating equipment.
B. 
Failure to properly maintain the heating system by regular preventive maintenance activities, which failure results in frequent breakdowns of the system, shall constitute a separate violation of this article. "Frequent breakdowns" shall be defined for the purposes herein as the breakdown of a heating system for a period of 24 hours, such breakdown occurring more than once in any thirty-day period.
In the event of a failure of a heating system to supply heat to the required temperatures when the outside temperature remains at or below the freezing point, and such failure persists for a period of 24 hours, the owner and/or operator of the units shall make every emergency effort to provide alternate means of heat supply, at the owner's expense, in order to protect the occupant's health and well-being, including, but not limited to, the relocation of the affected occupants to an adequately heated facility.
[1]
Editor's Note: Former § 169-10 of the 2006 Code, Prohibited lease or rental of certain buildings, was repealed 2-14-2006 by Ord. No. 3591. See Ch. 183, Property Maintenance.
It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any public building or public conveyance.
[1]
Editor's Note: Former § 169-12 of the 2006 Code, Burglar alarms and music or sound amplification or reproduction equipment, which was previously included in this article, was moved to Ch. 167, Noise, Art. II, Burglar Alarms and Sound Amplification Equipment. Ch. 167, Art. II, was repealed 11-12-2024 by Ord. No. 4452-24; see now Art. II of this chapter, Noise Nuisances.
A. 
All places and premises in this municipality shall be subject to inspection by the Somerset County Health Department officials if they have 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 Somerset County Health Department officials from having full access to any place or premises upon which a violation of this code is believed to exist.
C. 
Whenever a nuisance as declared by 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. Said twenty-four-hour notice may be waived by the Somerset County Health Director or their official designee where serious disease or safety hazards of an emergency nature may exist.
D. 
To the extent applicable, the provisions of N.J.S.A. 26:3-59 apply to inspections performed hereunder.
The provisions of this code shall be enforced by the Somerset County Health Department and its licensed officials.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be subject to the penalties as provided in Chapter 1, Article II, General Penalty, at the discretion of the court. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[Adopted 11-12-2024 by Ord. No. 4452-24]
As used in this article, the following terms shall have the meanings indicated:
PLAINLY AUDIBLE
Any sound that can be detected by a person using their unaided hearing facilities. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The enforcing officer need not determine title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Either:
A. 
The imaginary line, including its vertical extension, that separates one parcel of real property from another;
B. 
The vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling-unit building; or
C. 
On a multiuse property, the interface between the two portions of the property on which different categories of activity are being performed (e.g., if the multiuse property is a building that is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area).
It shall be unlawful for a person 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.
A. 
It shall be unlawful for a person to make, continue or cause to be made or continued the playing, use or operation of any radio receiving set, television, amplified or unamplified 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 the public. The operation of such a machine or device so that it is clearly audible from a neighboring dwelling or at a distance of 200 feet from the building in which it is located, or outdoor space in which it is operated, between the hours of 10:00 p.m. and 8:00 a.m. shall be prima facie evidence of a violation of this section.
B. 
Nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air by any nonprofit organization, Board of Education or Township of Franklin organized or sponsored program, activity or event, or by any other public program, activity or event; provided, however, that prior approval therefor has been obtained from the Township of Franklin.
A. 
Noncommercial or nonindustrial power tools and landscaping and yard maintenance equipment shall not be operated on weekdays between the hours of 8:00 p.m. and 7:00 a.m., or between the hours of 8:00 p.m. and 9:00 a.m. on weekends or federal holidays. All motorized equipment used in these activities shall be operated with a muffler.
B. 
Commercial and industrial tools and landscaping and yard maintenance equipment, excluding emergency work, shall not be operated on a residential property or within 250 feet of a residential property line when operated on commercial or industrial property, 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.
C. 
Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays.
D. 
Motorized snowblowers, snow throwers, and lawn equipment with attached snowplows shall be operated at all times with a muffler.
E. 
Electric generators shall be operated at all times with a muffler. When being operated for reasons other than loss of power, electric generators shall not be operated between the hours of 6:00 p.m. and 7:00 a.m. weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and federal holidays.
F. 
On any nonresidential property, or part thereof, that has frontage on a roadway covered by the Scenic Corridor Ordinance, as defined by § 112-201 of this Code, and is immediately adjacent to or across a public roadway from a developed residential property in a residential zone, loading and unloading; loading, unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, liquids, or the loading and unloading of bulk materials in liquid, gaseous, powder or pellet form is prohibited between the hours of 10:00 p.m. and 7:00 a.m. on the following day on weekdays and between the hours of 8:00 p.m. and 9:00 a.m. the following day on weekends or federal holidays. Truck access to loading and unloading facilities covered by this section shall be restricted during the time outlined herein by the installation of fence and a gate. Said gate shall remain closed during these prohibited hours to keep trucks out of the facility.
G. 
The operation of equipment or vehicles which utilize backup beepers is prohibited on any property, or part thereof, that has frontage on a roadway covered by the Scenic Corridor Ordinance, as defined by § 112-201 of this Code, and is immediately adjacent to or across a public roadway from a developed residential property in a residential zone between the hours of 10:00 p.m. and 7:00 a.m. the following day on weekdays and between the hours of 8:00 p.m. and 9:00 a.m. the following day on weekends or federal holidays.
The following standards shall apply to the activities or sources of sound set forth below:
A. 
An exterior burglar alarm 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 impulsive sound after it has been activated.
B. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a residential property line between the hours of 10:00 p.m. and 8:00 a.m.
C. 
Personal vehicular music amplification equipment shall not be operated 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.
D. 
Self-contained, portable, handheld music or sound amplification or reproduction equipment 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 from such equipment shall not be plainly audible by any person other than the operator.
E. 
Fireworks displays. In addition to complying with all of the requirements of the State of New Jersey Department of Labor and the New Jersey State Uniform Code, all private fireworks display in the Township of Franklin must comply with this chapter regarding noise from the display.
(1) 
Fireworks displays are not permitted to contain any devices or shells that contain reports.
(2) 
Fireworks displays are not permitted to have a salute in the display.
(3) 
Fireworks displays must be between the hours of 9:00 p.m. and 10:00 p.m.
Any person violating any provision of this article shall forfeit and pay a fine or penalty therefor as provided in Chapter 1, Article II, General Penalty, for each offense. Except that the minimum penalty for the violation of this article shall be $100 for the first offense; $500 for the second offense; and $1,000 for the third and each subsequent offense.