[HISTORY: Adopted by the Township Committee
of the Township of Boonton 6-26-1978 by Ord. No. 268. Amendments noted where
applicable.]
A.
The purpose of this chapter shall be to promote the
public health, safety, convenience and general welfare of the Township
of Boonton by prohibiting the operation of aircraft and aircraft engines,
to the extent they are subject to the jurisdiction of the Township
of Boonton, in or over the Township of Boonton in such manner as to
constitute a public nuisance as defined in this chapter.
B.
The Township Committee makes the following findings
of fact with respect to the subject matter of this chapter:
(1)
The operation of aircraft and aircraft engines on
the ground or at low altitudes is per se excessively noisy in this
predominantly rural community which has an otherwise low noise base
level, and the excessive operation thereof, or the operation thereof
during certain hours of certain days, is hazardous to the public health,
safety, convenience and general welfare.
(2)
Boonton Township is predominantly hilly and forested
and is spotted with suburban residential development in many of such
areas, and low-level flight paths over such areas, or over schools,
churches or hospitals, are hazardous to the public health, safety,
convenience and general welfare.
(3)
The limitation of the operation of aircraft and aircraft
engines within reasonable limits not conflicting with the reasonable
requirements of interstate commerce or the right of private owners
to make reasonable accessory use of their property will promote the
public health, safety, convenience and general welfare of the Township
of Boonton.
The provisions and requirements of this chapter
shall be subordinate to any laws or lawful regulations of the United
States and the State of New Jersey governing the operation of aircraft
in conflict with this chapter. This chapter shall be construed to
avoid any such conflict but shall govern operations of aircraft and
aircraft engines within or over the Township of Boonton not specifically
preempted by federal or state regulation. When facts have been proved
which would establish a violation of this chapter, except for the
foregoing limitation in scope, the burden of establishing a conflict
with the laws or lawful regulations of the United States or the State
of New Jersey shall fall on the person or persons charged with violation
of this chapter.
Except in the case of emergency in the operation
of any aircraft, or in the case of operation of aircraft in overflight
in interstate commerce, it shall be unlawful to operate any aircraft
or aircraft engine on the ground or in the airspace over the Township
of Boonton in such manner as to constitute a public nuisance as defined
in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all machines used to fly a selected path over and
free of the ground by means of selfcontained propulsion systems, whether
the same shall be heavier than air or lighter than air.
Includes all propulsion systems intended for the propulsion
and control of aircraft, whether or not the same shall be mounted
in an aircraft.
Operation of an aircraft or aircraft engine
in or over Township of Boonton on regular business days, except between
sunrise or 7:00 a.m., prevailing time, whichever is later, and sunset
or 9:00 p.m., prevailing time, whichever is earlier.
Operation of an aircraft or aircraft engine
in or over the Township of Boonton on Saturdays or on holidays not
otherwise observed as business days, except between the hours of 9:00
a.m., prevailing time, and 6:00 p.m., prevailing time, or sunset,
whichever is earlier.
Operation of an aircraft or aircraft engine
in or over the Township of Boonton on Sundays or religious holidays,
except between the hours of 1:00 p.m. and 6:00 p.m., prevailing time,
or sunset, whichever is earlier.
Operation of an aircraft over the Township of
Boonton in such manner as to fly over any school, church or hospital
at an altitude of less than 700 feet above ground level.
Operation of an aircraft over the Township of
Boonton in such manner as to pass over any densely populated area
at an altitude of less than 700 feet above ground level, except on
flight paths and aircraft dispatch, control and operating procedures
authorized by the New Jersey State Department of Transportation Bureau
of Aeronautics or a higher regulatory authority, and approved by the
Township Committee as constituting the minimum hazard to the Township
of Boonton commensurate with navigation safety as set by said Bureau
of Aeronautics or other authorized regulatory authority. The term
"flight paths" refers to both horizontal paths over the ground and
elevation at any given point over the ground.
Operation of an aircraft within or over the
Township of Boonton at an altitude of less than seven 700 feet above
ground level at a noise level in excess of that authorized by the
governmental authority having jurisdiction thereof.
The Township Committee shall establish rules
and regulations under this chapter, three current copies of which
shall be maintained on file with the Municipal Clerk in the Municipal
Building. Such rules and regulations shall include, but not be limited
to, approved flight paths and procedures, together with such diagrams
and maps as will clarify the same. Said rules and regulations shall
be reviewed from time to time and may be modified or amended as required
to meet changed conditions after publication of notice of intent to
modify or amend and public hearing thereon.
[Amended 5-8-1989 by Ord. No. 405; 4-9-2007 by Ord. No. 739]
Each and every person, firm or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each violation shall constitute a separate offense.
