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Wayne, NJ Code Violation Reporting: Common Violations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Penalty range, nuisance code violations
$5.00 to $500.00 upon conviction
Enforcing officer for § 123-3
Health Officer or designee
Board of Health
The Township Council of the Township of Wayne
Banned feeding
Waterfowl and pigeons anywhere in the Township
Adopted code
Public Health Nuisance Code of New Jersey (1953)

Summary

Section 123-3 of the Wayne Township Code lists the conditions the Township Council has declared public health nuisances: foul odors, harmful emissions, chemical and fecal matter, feeding waterfowl or pigeons, bulk items left outdoors, unsanitary waste and open burning. The Health Officer decides when a condition is a menace.

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. ... 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. ... 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.

Full Breakdown

Chapter 123 of the Wayne Township Code, Passaic County, adopts the Public Health Nuisance Code of New Jersey (1953) as the Township's own, with Section II paragraphs 2.1(a) and 2.1(b) excluded because they were declared unconstitutional. Section 123-3 then adds its own list of nuisances declared injurious to Township residents. The Township Council also serves as the Board of Health under § 123-1.

The list covers these conditions. Subsection A is any condition or act creating foul or obnoxious odors or fumes that the Health Officer or designee determines is detrimental or a menace to resident health. Subsection B covers escapes or emissions of material into the ground or air, including standing liquid or water that supports mosquito larvae. Subsection C reaches chemicals, petroleum, waste oil and grease stored or released without legal authority. Subsection D covers fecal matter from fowl or animals in a quantity that threatens health. Subsection E bars feeding or permitting the feeding of any waterfowl or pigeons within the Township. Subsection F covers litter and bulk household items such as appliances, furniture, mattresses or tires placed outside fully enclosed structures except on designated bulk collection days. Subsection G covers sewage, wastewater, garbage and debris left in an unsanitary manner, and a septic owner who skips the required service contract is in violation. Subsection H covers open burning.

Many of these turn on a finding by the Health Officer or designee, so a report to the Health Department starts the inspection. Disturbing the peace under § 123-4, engine compression brakes under § 123-4.1 and public urination under § 123-4.2 are enforced by the Chief of Police instead, per § 123-5.

Violations & Fines

Under § 123-6, a person who violates the Public Health Nuisance Code provisions of Chapter 123 faces a penalty of not less than $5.00 nor more than $500.00 upon conviction, unless a New Jersey statute sets another penalty. Violations of §§ 123-4, 123-4.1 and 123-4.2 carry the Chapter 1, § 1-15 penalties.

Frequently Asked Questions

Is feeding ducks or pigeons illegal in Wayne Township?
Yes. Section 123-3(E) declares it a nuisance to feed or permit the feeding of any waterfowl or pigeons within the Township, and waterfowl includes swans, geese, brants, river and sea ducks and sea gulls.
Who decides whether an odor or emission is a nuisance in Wayne Township?
The Health Officer or designee. Subsections A, B and C of § 123-3 each depend on a determination by the Health Officer or designee that the condition is detrimental or a menace to the health of the residents of the Township.
Can I leave a mattress or appliance outside in Wayne Township?
Not outside a fully enclosed structure unless it is placed during designated days for bulk collection or in line with Chapter 83. Section 123-3(F) covers appliances, furniture, mattresses and tires when the Health Officer finds the placement detrimental to public health, safety and welfare.
What is the fine for a public health nuisance in Wayne Township?
Section 123-6 sets a penalty of not less than $5.00 nor more than $500.00 upon conviction for violating the Public Health Nuisance Code under Chapter 123, unless New Jersey statute provides another penalty.

Sources & Official References

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