Township of Jefferson, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Jefferson as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-1965 by Ord. No. 179 (Ch. 66, Art. I of the 1967 Code)]

§ 337-1 Dangerous conditions prohibited.

No person shall, within the limits of the Township of Jefferson, suffer or permit the existence on any public or private land, of any abandoned, unused or unprotected hole, pit, excavation, foundation, cellar, trench or other unnatural declivity in which stagnant water or debris is retained, or which is dangerous to any person, including, but not by way of limitation, children, being or coming upon said land.

§ 337-2 Covering, guarding or fencing openings.

[Amended 2-16-2005 by Ord. No. 4-05]
Any person, firm, partnership, utility or corporation, or the owner or occupier of any land contracting for or conducting the digging of any hole, pit, excavation, foundation, trench, cellar or other unnatural declivity shall, unless the same be guarded by a person over the age of 21 years, or unless said opening is fenced in such a manner that children or other persons will, in the opinion of the Construction Official, be properly restrained and safeguarded from falling into said opening, and lighted where required by the Construction Official, completely cover said opening with a suitable cover capable of sustaining a weight 500 pounds of pressure for each 10 square feet, or weight of 40,000 pounds if said opening is located on a public or private street, road, alley, or right-of-way.

§ 337-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OPENING
Includes the terms hole, pit, excavation, cellar, foundation, trench or other unnatural declivity.

§ 337-4 Enforcement.

[Amended 2-16-2005 by Ord. No. 4-05]
The Construction Official of the Township of Jefferson, the Police Chief, the Health Officer or their duly authorized agents shall be responsible for the enforcement of this article.

§ 337-5 Violations and penalties.

[Amended 9-21-1970 by Ord. No. 273]
Any person who shall violate any of the provisions of this article shall be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Court Judge before who such conviction shall be had.
[Adopted 4-20-1964 by Ord. No. 164-A (Ch. 66, Art. II of the 1967 Code)]

§ 337-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OPEN OR UNGUARDED WELL, CISTERN, CESSPOOL, OR MINE HOLE
One which is not securely covered by a cover sufficient to withstand 500 pounds of pressure for each 10 square feet of the covered area nor completely enclosed by a permanent wire fence at least four feet in height.

§ 337-7 Declaration of nuisance.

An open or unguarded well, cistern, cesspool or mine hole situated within the limits of the Township of Jefferson within 500 feet of the side line of any road, street or highway used by the public is declared to be a public nuisance.

§ 337-8 Duty to abate nuisance following notice.

Any such public nuisance shall be abated by the owner of the land on which said public nuisance exists, after a notice in writing shall have been given to said owner by the Clerk of the Township of Jefferson, as hereinafter set forth.

§ 337-9 Notice to owner to abate nuisance.

[Amended 11-6-1991 by Ord. No. 28-91; 2-16-2005 by Ord. No. 4-05]
The Director of Public Works, Director of the Department of Health and Welfare or the Construction Official of the Township of Jefferson are hereby empowered, authorized and directed, upon a public nuisance as herein defined being called to their attention, to notify in writing the owner of the land on which such public nuisance exists to abate such public nuisance within five days from the service of the notice upon such owner by either placing a cover over such nuisance sufficient to withstand 500 pounds of pressure for each 10 square feet of the covered area or by completely enclosing the public nuisance with a permanent wire fence at least four feet in height, which will bar all reasonable and normal access, which notice shall further provide that, in the event that such owner shall fail to abate such nuisance, the Township of Jefferson may cause such nuisance to be abated and the reasonable cost thereof charged against the owner of the land on which such nuisance exists and that the costs thereof will be a lien on such lands and will be assessed thereon and collected in the same manner as local municipal taxes are collected.

§ 337-10 Abatement of nuisance by Township; cost as a lien.

In the event of the failure of the owner of the land upon which such public nuisance exists to abate the nuisance and said nuisance shall be abated by the Township of Jefferson, then the costs of such abatement shall be a lien on such lands and shall be assessed thereon and collected in the same manner as local municipal taxes are collected.

§ 337-11 Violations and penalties.

Any landowner violating any of the provisions of this article shall, upon conviction, in addition to his lands being liable to a lien as hereinabove set forth, be subject for each offense to a fine of not more than $200 or imprisonment for a term not exceeding 90 days, or both. Each day during which any of the aforesaid public nuisances shall exist, after such notice as hereinabove set forth is given, shall constitute a single and separate violation of this article.