§ 115-3. Nuisances identified., Chapter 115. Nuisances, Part II. General Legislation, Code of Ordinances, West Windsor

Matters, things, conditions or acts which after proper investigation by the Health Officer or other enforcing official are deemed to be injurious, detrimental or a menace to the public health or are deemed to be an annoyance or interfere with the comfort or well-being of the inhabitants of the Township are hereby declared to be nuisances and shall include the following:

(1)

Pollution or the existence of a condition or conditions which cause or threaten pollution of any waters of the Township.

(2)

The escape into the open air from any stack, vent, chimney or any entrance to the open air of quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause or threaten injury or detriment or endanger the health or safety of the inhabitants of the Township.

(3)

The open burning of any material, including but not limited to brush, weeds, grass, leaves, vegetative cuttings, discarded building materials, chemicals, agricultural waste products or any other material except as otherwise permitted by ordinance or state law.

(4)

The growth, existence or presence of ragweed of 12 inches in height or greater, or in such a quantity so as to create a public health concern, on any plot of land, lot, highway, street, sidewalk, right-of-way or any other public or private place within 200 feet of an occupied dwelling.

(5)

The growth, existence or presence of poison ivy, poison oak or poison sumac within 20 feet of any property line of a residential or commercial property, highway, street, sidewalk, or right-of-way.

(6)

The growth, existence or presence of any brush, weeds, or noxious growth, 12 inches in height or greater, in such a quantity so as to create a public health concern, dead and dying trees or limbs on any land within 100 feet of a dwelling or within 50 feet of a residential property line. Conservation easements, environmentally constrained areas, established greenbelts and woodlands are exempted from this provision. Property owners are responsible to maintain the property and right-of-way abutting the property, up to and including the gutter line, free from overgrown brush, weeds and noxious growth.

[Amended 9-12-2016 by Ord. No. 2016-21]

(7)

The presence on any plot of land, highway, street, right-of-way or any other public or private place of any refuse, rubbish, garbage, trash, junk, filth or debris, or unused accumulated materials, whether putrescible or nonputrescible, and including but not limited to paper, wood, glass, cloth, metal, liquid wastes, chemicals, dead animals, manure, vegetative cuttings and building and industrial wastes, animal waste, stone, concrete, plastic, ashes, tires, appliances, furniture, equipment, and electronics, but excluding usable materials properly stored. The practice of composting shall not fall within the meaning of this subsection, provided that such compost pile, mound or area is maintained on one's own private property and is properly maintained so as not to present offensive odors, the breeding of flies or any other public health nuisance. Refuse disposed of in compliance with the standards established in Chapter 148 of West Windsor Township Code is exempt for this subsection.

[Amended 9-12-2016 by Ord. No. 2016-21]

(8)

Depositing, dumping, accumulating, maintaining or otherwise allowing any matter or thing which serves as food for insects, rodents, or other animals, or to which they may have access or which serves or constitutes a breeding place or harborage for insects, rodents or other animals of a public health significance in or on any land, premises, building or other place.

(9)

The existence or presence of any water or other liquid in which mosquito eggs, larvae or pupae exist or of any condition which allows water to lie, pond, stand or otherwise accumulate so as to provide a breeding environment for mosquitoes. The meaning of this subsection shall not apply to ponds where fish are adequately maintained so as to preclude the breeding of mosquitoes.

(10)

The keeping of any animal or animals in such a manner as to cause or present a source of foulness, odors or breeding of insects, rodents or other vermin.

(11)

The existence or maintenance of any condition which may reasonably constitute a safety hazard, an attractive nuisance or otherwise present a threat to the safety and well-being of the inhabitants of the Township or of the public at large, including the following:

(a)

Any vacant building which is not adequately sealed, boarded up or otherwise secured so as to preclude the entry of inquisitive minors.

(b)

Any excavation, depression, hole, shaft, abandoned or unused well or other abandoned subsurface structure or object which is of such depth or dimension so as to present a hazard in terms of one falling into or being entrapped therein. This includes but is not limited to abandoned or dilapidated well pits, cisterns, dry wells, septic tanks, pump tanks, seepage pits, cesspools, or storage tanks.

[Amended 9-12-2016 by Ord. No. 2016-21]

(c)

Any discarded refrigerator, cabinet, automobile or other piece of equipment, machinery, device or material which may offer or present an enclosure and a hazardous attraction to children.

(d)

Any dead or dying trees or limbs in such proximity to a dwelling, building, street, sidewalk, pathway, right-of-way, thoroughfare, driveway, park, playground or other frequented area where the falling of the tree or part thereof would endanger life, threaten injury or damage property.

(e)

Any trees, plants, bushes, vines, or other vegetation which cover, lay upon or overhang any pedestrian or bicycle passageway such as a sidewalk, street, alley, or other public way or which grows in such a manner as to obstruct or impede the full use of the passageway. This provision shall not apply to materials which have been gathered for municipal yard waste collection in accordance with the standards established by Chapter 150, Article VI.

(f)

Any open, uncovered or otherwise unsecured dumpster, trash container, recycling container or similar receptacle which contains waste materials that can be dispersed by wind or other means or which may serve as an attractant to animals or insects.

[Amended 9-12-2016 by Ord. No. 2016-21]

(12)

The willful abandonment of any domestic animal within the boundaries of the Township.

(13)

The maintenance of a public restroom in poor repair or unsanitary condition. Toilet facilities provided for public use shall be maintained in a clean condition and good repair. Restrooms shall be provided with toilet tissue, trash receptacles, hot and cold running water, hand soap, and paper towels or a hand-dryer device.

(14)

The discharge or ponding of sewage on the surface of the ground or into waterways of the Township or potable water wells.