[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:
The Township Council of the Township of Wayne.
The Township of Wayne.
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.
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.
That certain code approved by the State Department of Health
on September 16, 1953, for adoption by reference in accordance with
law.
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).
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.
A.
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.
B.
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:
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
A.
ENGINE COMPRESSION BRAKE
PUBLIC SAFETY VEHICLE
Definitions. The following definitions shall apply to this section:
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.
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.
B.
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:
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Ryerson Ave
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Entire length
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Whitmore Ave
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Entire length
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Haul Road
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Entire length
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Dorsa Ave
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Entire length
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Central Ave
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Entire Length
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Oldham Road
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Entire Length
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Preakness Ave
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Entire Length
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C.
Exclusions.
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.
D.
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.
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Unless another penalty is expressly provided by New Jersey Statute,
any person who violates any provision of the Public Health Nuisance
Code under this chapter shall upon conviction be liable to a penalty
of not less than $5.00 nor more than $500.00.
[N.J.S.A. 26:3-70; Ord. No. 20-2016; Ord. No. 20-2019] |
