[Adopted 10-18-1973[1]]
[1]
Editor's Note: The provisions of this article are derived from Ch. 11, Sees. 2 and 3 of the former Revised Sanitary Code, 1973, adopted 10-18-1973.
A. 
The following definitions shall apply in the interpretation and enforcement of this Part III. The terms, phrases, words and their abbreviations shall have the meanings given therein, unless the context specifically indicates otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number and the masculine shall include the feminine. The word "shall," as used herein, is mandatory, and the word "may" is permissive.
B. 
As used in this Part III, the following terms shall have the meanings indicated:
ADULT NURSING HOME
An establishment which maintains facilities for the care of two or more adult individuals, not related by blood or marriage to the person or persons maintaining such establishment, suffering from illness or any infirmity and where convalescent or nursing care is rendered to such individuals.
AIR POLLUTION
The presence in the outdoor atmosphere of one or more added substances in such quantities and of such duration as to be injurious to human, animal or plant life or to property or which unreasonably interferes with the comfortable enjoyment of life and property.
BEAST
Any large, four-footed animal.
BOARD
The Board of Health of the Borough of Maywood.
BOARDING HOME FOR CHILDREN
Any house or establishment where children under age 16 are boarded or cared for, whether for 24 hours or longer, by or under supervision of persons not close relatives of such children, for compensation or as a business.
BOARDINGHOUSE
A private dwelling in which at least three but not more than six rooms are offered for rent, whether or not table board is furnished to lodgers, and in which no transients are accommodated and no public restaurant is maintained.
BOROUGH
The Borough of Maywood.
BUILDING
Any roofed structure built for the support, shelter or enclosure for persons, animals or property of any kind.[1]
CARRIER
A person who harbors the pathogenic organisms of a communicable disease but who does not show clinical evidence of the disease.
CATTLE
Includes the following animals and their respective young; cows, bulls, steers and other hoofed animals.
CELLAR
See § 201-7E(1).
[Amended 3-8-2016 by Ord. No. 5-16]
CHILD
Any person under the age of 18 years.
CLEANING
The thorough removal of contaminating material or materials.
COMMUNICABLE DISEASE
Any infectious or contagious disease in which the causative agent may be transmitted from person to person or from animal to person by direct or indirect means.
CONTACT SUSPECT
Any person who has been sufficiently near or exposed to any infected person to make probable the transmission of an infectious or causative agent to such person.
CONTAINER
See "package."
CONVALESCENT HOME
An institution similar to an adult nursing home but where complete or partial recovery of a patient is expected.
DENSE SMOKE
Smoke that is equivalent to or denser than No. 2 on the Ringelmann Smoke Scale.
DISINFECTION
The application of any disinfectant materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organisms.
DWELLING
Any building or portion thereof which is occupied as a residence or sleeping place of one or more individuals, families or households.
DWELLING, MULTIPLE
Includes every house, building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as a house, home or residence by three or more families living independently of one another and having facilities for doing their cooking and sleeping upon the premises.
DWELLING, TWO-FAMILY
A dwelling having two distinct sets of kitchen and living facilities designed and/or used to house not more than two families.
ECONOMIC POISONS
Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
ENFORCING OFFICIALS
Includes the Health Officer or other official authorized by the Board to enforce this Part III and its ordinances.
FISH
Includes every part of any marine or water-dwelling animal.
FLUID MILK PRODUCTS
Includes milk, cream, certified milk, skim milk, skimmed milk, nonfat milk, nonfat fortified milk, fortified skim milk, fortified skimmed milk, flavored milk, dairy drink, buttermilk, cultured buttermilk, cultured skim milk, cultured milk, cultured sour cream, cultured salad cream, yogurt, cultured half-and-half, Vitamin D milk, Vitamin D fluid milk products, homogenized milk, modified milk, ice cream mix, ice milk mix and half-and-half.
FLY ASH
Particles of gasborne solid matter arising from the combustion of solid fuel, and does not include process materials.
FOGGING
Spraying in the form of a cloud for the control of insects within a prescribed area.
FOOD
Includes any article used for food or beverage for man or other animals and every ingredient therein, including, without limitation, all confectionery, condiments, flavorings and other components of such articles.
FOOD ESTABLISHMENT
Includes any bakery, confectionery, cannery, packinghouse, slaughterhouse, dairy, creamery, meat market, fish market delicatessen, restaurant or other place or vehicle used in the production, preparation, transportation or handling of food intended for sale or distribution.
FOWL
Any feathered animal.
FUEL-BURNING EQUIPMENT
Any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still or other apparatus or group or collection of such units used in the process of fuel burning for the generation of heat or power. Refuse-burning equipment shall be considered incinerators as herein defined and not as "fuel-burning equipment" under this definition. Ovens, stoves or ranges used exclusively for domestic cooking purposes are not included herein.
GARBAGE
The accumulation of animal or vegetable matter, or both, liquid or otherwise, that tends to decay.
HEALTH OFFICER
The individual duly appointed or designated by the Board to enforce this Part III and its ordinances and supervise the work on behalf of the Board. The "Health Officer" shall possess a license issued by the New Jersey State Department of Health.
HEALTH OFFICIAL
See official.
HOME FOR THE AGED
An institution similar to an adult nursing home but only for persons 65 years of age or over.
HOTEL
An establishment operated for profit and open to the travelling public for the keeping of guests. Food and beverages may or may not be part of the services rendered.[2]
INCINERATOR
Any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including but not limited to refuse, rubbish, garbage, debris or scrap, or facilities for cremating human or animal remains.
INDUSTRIAL WASTE
Contaminated liquid waste from industrial processes, as distinct from sanitary sewage.
INFANT
A child under six months of age.
INSPECTOR
Those persons appointed by the Board to aid in the enforcement of the public health laws of this state or to aid in the enforcement of the rules, regulations and ordinances of the Board. Such inspectors shall possess the appropriate license from the New Jersey State Department of Health in the grade and classification required for their Board duties.
ISOLATION
Separation of a person affected or suspected of being affected with a communicable disease or a carrier of the infectious or causative agent of a communicable disease from other persons in such a manner as will prevent the direct or indirect conveyance of the infectious or causative agent to other persons.
KENNEL
Includes any building, yard, enclosure, premises or lot of ground used as a commercial establishment for the keeping, raising, breeding, selling or boarding of dogs or other animals,
LABEL
A display of written, printed or graphic matter upon or affixed to the immediate container, not including the liners, of any article.
LABELING
All labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
LAUNDROMAT
An establishment where washing and/or drying of wearing apparel and or washable fabrics is done by the customers or an employee of the establishment.
LAVATORY
A room with conveniences for washing.
LICENSE OR PERMIT
A duly authorized license or permit from the Board, issued in accordance with this Part III or the regulations of the Board.
LODGING HOUSE
A private dwelling unit where the owner, tenant or occupant is engaged in keeping two or more lodgers, not related to him by blood or marriage, for a part of a day or longer period, under expressed contract or agreed rate of payment, and no food is served to such persons on the premises.[3]
MEAT
Includes every part of any animal, whether mixed with any other substance or not.
MEMBER
one of the appointees who constitute the Board.
MILK PRODUCTS
Includes ice cream, ice milk, sherbet, butter, butter oil, the various types of cheeses, dried milk, dried skim milk and any other food for human consumption made from milk and designated as a "milk product" by the State Health Department.
MOTEL
See "hotel."
MOTOR HOTEL
See "hotel."[4]
NONPUBLIC SCHOOL
A private or institution-related school which may be attended in place of a public school.
NUISANCE
Any condition which is dangerous to human life or health or that which renders air, water, soil or any type of food hazardous or injurious to human life or health, and as otherwise herein defined.
NURSE
A person registered as such under the laws of the state.
NURSING HOME
A home where nursing care is given.
ODOR
A property of a substance which affects the sense of smell.
OPEN BURNING
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
OPERATOR
Any person who has care, custody or control of building or premises or a portion thereof, whether with or without knowledge of the owner thereof.
OUTDOOR BATHING PLACES
Small streams, rivers, lakes, tidal waters and artificial lakes or bodies of water formed from a land depression used to provide recreational facilities for bathing or swimming purposes for other than an individual or his family or guests of his household.
OWNER
Any person who, alone, jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any premises or part thereof, including but not limited to a dwelling or dwelling unit, as owner or agent of the owner or as a fiduciary, including but not limited to executor, administrator, trustee, receiver, guardian or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee or sublessee of all or any part of any premises, including but not limited to a dwelling or dwelling unit, shall be deemed to be a co-owner with the lessor and shall have joint responsibility with the owner over the premises or portion thereof leased or subleased.
PACKAGE
Includes any wrapper, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel or other receptacle, but shall not include open containers which permit a visual and physical inspection by a purchaser at retail nor bags and other receptacles which are filled in the presence of a purchaser at retail.
PART III
Part III of the Code of the Borough of Maywood.
[Amended 12-28-1987]
PERMIT OR LICENSE
See "license or permit."
[Amended 12-28-1987]
PERSON
Any person, association, partnership, trust or corporation or any one or more of them or combination of any of them.
PET SHOP
A place of business housing domesticated animals for the purpose of raising, selling and grooming.
PHYSIOTHERAPIST
A person qualified and licensed to practice physiotherapy.[5]
POLLUTED
Dirty or defiled, unfit for human consumption or detrimental to health.
POLLUTION
The presence of one or more substances in such quantities as to be injurious to human, animal or plant life or to property or which unreasonably interferes with the comfortable enjoyment of life and property.
POULTRY
Includes chickens, ducks, geese, turkeys, guineas, fowl, pigeons, pheasants and all other fowl or winged animals kept, raised or sold for human consumption or for production of eggs.
PROPERTY AND PREMISES
Unless restricted or limited by the context to either real or personal property, includes both.[6]
QUARANTINE
The restriction of movement of any person who has been exposed to a communicable disease by confining such person to a restricted area and the exclusion of other persons from that area.
REFUSE
All putrescible and nonputrescible wastes, except body wastes, and shall include but not be limited to garbage, rubbish, street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes. (See also "garbage.")
REGULATIONS
Includes any laws, statutes, ordinances, codes, acts, instructions or regulations, whether general or special, adopted by a specified body, such as the State Health Department or the Board.
REPORTABLE DISEASE
Those diseases to be reported by the Board to the State Health Department.
RESIDENTIAL UNIT
See "dwelling."
RESTAURANT
Includes any restaurant, coffee shop, cafeteria, short-order cafe, lunchroom, lunch wagon, diner, soda fountain, snack bar, luncheonette, tavern, bar, grill, cocktail lounge, hotel, club, boardinghouse, sandwich stand and every other place or establishment in which food or beverage is sold for consumption on or near the premises or at the time.
REVOCATION OF LICENSE OR PERMIT
The cancellation of a license or permit issued by the Board for the remainder of the license period, except for licenses issued by the Registrar of Vital Statistics pertaining to vital statistics.
RINGELMANN SMOKE CHART
Ringelmann's Scale for Grading the Density of Smoke, Bureau of Mines Circular No. 7718 of the United States Department of the Interior.
RUBBISH
Solids not considered to be highly flammable or explosive, and shall include but not be limited to rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
Any business, trade or industry engaged, in whole or in part, in salvaging or reclaiming any product or material, including but not limited to metals, chemicals, shipping containers or drums.[7]
SMALL ANIMALS
Includes rabbits, mink, guinea pigs, raccoons, rodents, squirrels, hamsters, skunks and monkeys, but no dogs or cats.
SMOKE
Gas- or airborne small particles by combustion or other heat release or heat application processes in concentration sufficient to be observable.
SMOKE UNIT
A unit of measure of smoke emission. This smoke of Ringelmann No. 1 shade emitted for one minute or its equivalent or such as smoke of Ringelmann No. 2 shade emitted for 1/2 minute.
SPRAYING
A mechanical application of insecticides to bushes, trees or plants.
STATE
The State of New Jersey.
STATE HEALTH DEPARTMENT
The New Jersey State Department of Health or any successor agency thereto.[8]
STREET
Includes every public street, avenue, sidewalk, gutter, highway, park or public place in the borough.
SUSPENSION OF LICENSE OR PERMIT
The suspension of permitted activity under the license or permit granted by the Board for a specific period of time, except for licenses issued by the Registrar of Vital Statistics pertaining to vital statistics.
TENANT
Any person occupying any house, building or portion thereof which is rented, leased, let or hired out to be occupied as a house, residence or business establishment.[9]
TOURIST LODGE
See "hotel."
TRADE WASTE
All solid or liquid material or rubbish resulting from construction, building operations or the prosecution of any business, trade or industry, and shall include but not be limited to plastic products, cartons, paint, grease, oil and other petroleum products, chemicals, cinders and other forms of solid or liquid waste materials.[10]
[1]
Editor's Note: Former See. 3-2.7, which contained the definition of "building drain," and which immediately followed this definition, was deleted 12-28-1987.
[2]
Editor's Note: Former Sees. 3-8.5, 3-8.6 and 3-8.7, which included definitions of "house connection," "house drain" and "house sewer lateral," respectively, and which immediately followed this definition, were deleted 12-28-1987.
[3]
Editor's Note: Former Sec. 3-13.1, which included the definition of "main sewer" and which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 327, General Provisions, Board of Health. Art. I.
[4]
Editor's Note: Former See. 3-13.7, which included the definition of "municipal sewerage system," and which immediately followed this definition, was deleted 12-28-1987.
[5]
Editor's Note: Former Secs. 3-16.6 and 3-16.7, which included definitions of "plumbing" and "plumbing system," respectively, and which immediately followed this definition, were deleted 12-28-1987.
[6]
Editor's Note: Former See. 3-16.12, which included the definition of "public sewer," and which immediately followed this definition, was deleted 12-28-1987.
[7]
Editor's Note: Former Secs. 3-19.2, 3-19.3, 3-19.4, 3-19.5, 3-19.6 and 3-19.7, which included definitions of "sanitary sewage," "sanitary sewer," "sewage," "sewer," "Sewer Engineer" and "Sewer Inspector," respectively, and which immediately followed this definition, were deleted 12-28-1987.
[8]
Editor's Note: Former See. 3-19.14, which included the definition of "storm sewer" or "storm drain," and which immediately followed this definition, was deleted 12-28-1987.
[9]
Editor's Note: Former See. 3-20.2, which included a definition of "toilet" and which immediately followed this definition, was deleted 12-28-1987.
[10]
Editor's Note: Former See. 3-25.1, which included the definition of "Y plans," and which immediately followed this definition, was deleted 12-28-1987.