Thank you for your clarification, friend.
We have three "rungs" of laws in the USA:
1) Federal law (US Code)
2) State law (state statutes)
3) County/municipal law (ordinances)
Sprinkler systems are at the lowest level here - county/municipal. So no federal or state law exists that would have this matter in hand, if it existed, it would be county/municipal ordinances.
However, I am afraid that the ordinances that do
exist do not touch base upon the subject. You can see the only two ordinances about sprinklers in the town here
This is why the zoning officer did not cite them.
Now, I am not sure what you mean by "zoning laws" here, because zoning laws have to do with what kind of businesses/residences may be built in an area. I am guessing you are using "zoning laws" meaning any
law in the area, and if so, then the answer above applies.
However, you still have options. This is a civil
matter, and can be an action for nuisance
. Allow me to explain. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state. Every cause of action has its own elements, and each element has to be satisfied for a cause of action to be successful in court.
Here, this may be nuisance
. The essence of a private nuisance is an unreasonable interference with the use and enjoyment of land. Sans v. Ramsey Golf & Country Club, Inc., 149 A. 2d 599 - NJ: Supreme Court 1959
Here, you have a choice:
1) Write a letter (having an attorney doing so would be best, XXXXX XXXXX attorney's letter carries more gravitas) threatening
a lawsuit for nuisance unless they adjust their sprinklers, or
2) Actually file the suit.
May I recommend the NJ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Often, a party agrees to avoid confrontation and to do what is necessary to avoid litigation
just by a letter. If you'd like, I can provide a sample, although using an attorney is best.
I hope this helps and clarifies. Best of luck.
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