[HISTORY: 1988 Code §§ 123-1—123-6 adopted as amended through December 31, 2013 and further amended by Ord. No. 20-2016; Ord. No. 23-2016; Ord. No. 37-2016; Ord. No. 35-2018; Ord. No. 20-2019. Amendments noted where applicable.]
As used in this chapter or in the code adopted herein, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Township Council of the Township of Wayne.
- The Township of Wayne.
- NOISE CONTROL INVESTIGATOR (NCI)
- Means 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 sections of the regulations and ordinances 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.
- PLAINLY AUDIBLE
- Means any sound that can be detected by a 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.
- PUBLIC HEALTH NUISANCE CODE OF NEW JERSEY (1953)
- That certain code approved by the State Department of Health on September 16, 1953, for adoption by reference in accordance with law.
- REAL PROPERTY LINE
- Means 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 2 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).
- SOUND PRODUCTION DEVICE
- Means 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.
Pursuant to and in accordance with the Public Health and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 3-69.6), there is hereby established and adopted as the Public Health Nuisance Code of the Township the whole of the Public Health Nuisance Code of New Jersey (1953); excluding Section II, Nuisances Defined and Prohibited, paragraphs 2.1(a) and paragraph 2.1(b), both of which have been declared unconstitutional.
The required printed copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the Township Clerk and Health Officer of the Township and shall remain on file in said offices for use and examination by the public so long as this chapter shall remain in effect.
[Ord. No. 23-2016]
In addition to those nuisances set forth in the Public Health Nuisance Code of New Jersey (1953), the following are hereby declared to be nuisances and injurious to residents of the Township:
Any condition, or act that creates foul or obnoxious odors or fumes which has been determined by the Health Officer or designee to be detrimental or a menace to the health of the residents of the Township.
Any condition, or act that causes the escape onto the ground surface or into the open air or the emission of material of any kind, which may or may not be considered hazardous, whether gaseous, liquid or solid, which has been determined by the Health Officer or designee to be detrimental or a menace to the health of the residents of the Township. This shall include, but is not limited to, any liquid or water that provides the means needed to support the breeding and existence of mosquito larvae.
[Ord. No. 23-2016]
Substances such as, but not limited to, chemicals, petroleum, waste oil, grease or similar substances or vapor fumes emitted onto the ground surface or into the open air or stored on any property without the proper and legal authority to do so or beyond the prescribed, accepted and legal uses and/or beyond accepted and legal disposal methods which has been determined by the Health Officer or designee to be detrimental or a menace to the health of the residents of the Township.
Putting, depositing, storing, placing or causing to be put, deposited, stored or placed any and all fecal matter on any public or private property by fowl or animals in a location and quantity which is detrimental or a menace to the health of the residents of the Township.
Feeding or permitting the feeding of any waterfowl or pigeons within the Township. Waterfowl shall be defined as any member of the species of birds, commonly known as swans, geese, brants, river and sea ducks, sea gulls, and any other waterfowl falling under the jurisdiction of the State of New Jersey Department of Fish and Wildlife or otherwise defined.
Putting, depositing, storing, placing or causing to be put, deposited, stored or placed any litter or other material or equipment or any bulk household item, including, but not limited to, appliances, furniture, mattresses or tires, except in fully enclosed structures or during designated days for collection of bulk items, upon any property or private property and which is determined by the Health Officer or designee to be detrimental to the health, safety and welfare of the public, unless said placement is in accordance with the provisions of Chapter 83, Garbage, Rubbish and Refuse.
Putting, depositing, storing, placing or causing to be put, deposited, stored or placed any sewage, wastewater, garbage, litter, debris or other waste upon public or private property within the Township in an unsanitary manner. An owner of a septic system which has been identified by N.J.A.C. 7:9A entitled, "Standards for Individual Subsurface Sewage Disposal Systems", to require regular maintenance and a service contract at all times with a qualified septic contractor for the said maintenance, and who fails to do so, shall be considered to be in violation of this section.
[Ord. No. 23-2016]
[Ord. No. 20-2016]
In addition to the provisions described in Chapter 121 and 202 it shall be unlawful for any person to make cause or permit to be made, upon any premise owned, occupied or controlled by him/her or upon any public street within the Township, any unnecessary noises or sounds, by means of including but not limited to the human voice, self-contained and/or portable music or sound production devices, which is plainly audible and excessive across a real property line and unreasonably disturbs or interferes with the peace, comfort, and repose of any resident. Sound production devices, as defined in this chapter shall not be operated in a manner that disturbs the lives, comfort, and peace of the residents. This shall include any other noise or sounds that are plainly audible and excessively loud, harsh, or unusual in time and occurrence. Unusual time shall include, but not necessarily be limited to the hours between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 9:00 a.m. on weekends.
[Ord. No. 20-2016; Ord. No. 37-2016; Ord. No. 35-2018]
Definitions. The following definitions shall apply to this section:
- ENGINE COMPRESSION BRAKE
- Any device that utilizes air compression and/or rapid release of compressed air in the cylinders of engines to slow or retard vehicle speed which results in the excessive, loud, unusual or explosive noise from such vehicle.
- PUBLIC SAFETY VEHICLE
- Any vehicle operated by the Township of Wayne Fire Department, First Aid Squad, or Police Department or any other emergency vehicle operated by a state, county and/or local agency.
Use of engine compression brake prohibited.
It shall be unlawful for the operator of any motor vehicle to engage, or allow to be engaged, operate or use an engine compression brake, or any similar mechanical exhaust or decompression device designed to aid in the deceleration of any vehicle which results in the emission of excessive and loud noise from the vehicle as a result of the practice known as engine-braking, while the vehicle is operated at any time and on the following roads within the Township of Wayne:
The provisions of this section shall not apply to a public safety vehicle or any vehicle involved in an emergency wherein the operator of said vehicle reasonably believes that the use of the engine compression brake is necessary for the protection of persons and/or property which cannot be avoided by the application of an alternative braking system.
Posting of Signs.
The Township is hereby authorized to post at reasonable locations within the Township signs indicating the prohibition of the use of engine compression brakes.
[Ord. No. 20-2019]
No person shall urinate or defecate in or upon any street, highway, road, alley, sidewalk, thoroughfare, or in a public or semi-public place or in the public view, except within designated restrooms, or outdoors upon any private property without the consent of the property owner or lawful occupant. For the purposes of this subsection only, "public place," "semi-public," or "public view" is defined as a location where the prohibited conduct may reasonably be expected to be viewed or could be viewed by others.
[Ord. No. 20-2016; Ord. No. 20-2019]
The Health Officer or his/her designee shall enforce the provisions of this chapter with the exception of § 123-4, § 123-4.1 and § 123-4.2 which shall be enforced by the Chief of Police or his/her designee. In addition, the Chief of Police or his/her designee are designated Noise Control Investigators as defined in this chapter and are authorized to enforce the provisions of § 123-4 and § 123-4.1, as well as the provisions in Chapters 121 and 202 that "constitute a breach of the peace," including but not limited to the provisions set forth in § 123-4 and § 123-4.1, times of day and/or distance determinations on public and/or private property and does not require the use of a sound level meter to make such determination.