[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee
7-15-1987 as BH:III of the 1987 Code. Amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a nuisance, prohibiting certain noises or sounds,
requiring the proper heating of apartments, prohibiting lease or rental of
certain buildings, prohibiting spitting in or upon public buildings, conveyances
or sidewalks, authorizing the inspection of premises by an enforcing official,
providing for the removal or abatement of certain nuisances and recovery of
expenses incurred by the Board of Health in removing or abating such nuisances
and prescribing penalties for violations is hereby established pursuant to
Chapter 188, Laws of 1950. A copy of said code is annexed hereto and made
a part hereof without the inclusion of the text thereof herein.
The code established and adopted by this chapter is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the Public Health Nuisance Code of New Jersey (1953)
have been placed on file in the office of the Secretary of this local Board
of Health and will remain on file there for the use and examination of the
public.[1]
A.
Nuisances prohibited. The following specific acts or
omissions, or the maintenance or allowance of any of the following conditions,
are hereby prohibited and are declared to be or to constitute nuisances.
(1)
Depositing or maintaining any foul, decaying or offensive
matter in or upon any lot, yard, street, house, building, other premises or
public place.
(2)
Maintaining any excavation, or any cans, barrels or other
receptacles where water stagnates or mosquito larvae breed.
(3)
Throwing or overflowing of any water slops, stable drainage,
liquid filth, septic tank, or privy contents upon any public or private property.
(4)
Maintaining any polluted well, spring, stream or supply
of drinking water.
(6)
Maintaining any chimney, smokestack, pipe or flue, or
any part thereof, that is out of repair and so defective as to allow coal
gas or other noxious fumes to escape into the building where it is situated
or into any adjacent building.
(7)
Allowing to exist any unclean or unsanitary conditions
in any cellar, room or building, any imperfect plumbing or sewer appliances
or connection from which any foul or noxious odors or liquids may escape.
(8)
Keeping cattle, poultry or small animals in any building
used as a human habitation, except as to small animals or fowl commonly used
as pets.
(9)
Expectorating upon the steps, halls, floors or other
parts of any public building, or upon any sidewalk, crosswalk, street, park,
playground, public conveyance or other public place.
(10)
Maintaining any vehicle used for hire, or for a public
conveyance, in a dirty or unsanitary condition.
(11)
Permitting a growth of or failing to remove brush, or
weeds, the pollen of which is capable of being transported by act of nature
through the air in such manner as to become injurious to health.
(12)
Burying, or causing to be buried, dead animals under
any property, private or public, in the Borough of Fort Lee.
(13)
Permitting the emission of dense smoke, dust, gases or
cinders in sufficient quantities to cause injury to health.
(14)
Maintaining or causing the maintenance or existence of
any offensive matter, foul or noxious odors, gases or vapors, and all causes
of disease, which are injurious to the health of the inhabitants of the Borough.
(15)
Grease traps must be maintained so as not to impede the
proper disposal of waste. (Sanitary Code of 1950, S1.)
B.
Penalties. Any person convicted of violating any provisions
of this section shall be liable to a penalty for each first offense of not
less than $25 nor more than $100, and for each second and every subsequent
offense to a penalty of not less than $50 nor more than $200 and if, upon
such conviction, the defendant shall refuse or neglect to pay the amount of
such penalty or judgment, he may be committed to the county jail for a period
not to exceed 10 days for the first conviction and in the case of conviction
for a second or subsequent violation, for a period of not less than 10 nor
more than 30 days, all in the discretion of the Municipal Judge before whom
the complaint shall be brought. If judgment is rendered against a body corporate,
execution shall be issued against the goods and chattels of such body corporate.
(Sanitary Code of 1950, S6.)[2]
