[HISTORY: Adopted by the Board of Health of the Borough of Maywood
10-18-73.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter are derived from
Ch. VIII of the former Revised Sanitary Code, 1973, adopted 10-18-73.
The owners, lessees, tenants, occupants and managers of every shop,
manufactory, house or premises where any burning is done or wherein or upon
any engine or locomotive is used shall not cause, suffer or allow any cinders,
dust, gas or smoke to escape or to be discharged from such building or premises
to the detriment or annoyance of any person not being therein or thereon engaged.
No person or persons shall carry on any trade, manufacture or business
within the borough which may be obnoxious or offensive to the inhabitants
of said borough or parts thereof and which may be attended by noisome or offensive
odors.
A.
Where such noises, noxious odors, gas, smoke or vapor
or cause of ill health or disease shall be found on private property, said
Board shall cause notice thereof to be given to the owner or owners to remove
or abate the same, at their own expense, within such time as said Board shall
deem proper. A duplicate of the notice so given shall be left with one or
more of the tenants or occupants of the premises. If the owner resides out
of the state and cannot be reached with notice speedily, notice left at the
house or placed on the premises shall be deemed sufficient.
B.
If the owner or owners thus notified shall not comply
with such notification or order of the Local Board of Health within the time
specified, the Board may proceed to abate such nuisance and remove the cause
of such foul and noxious odors, gas, vapor or smoke or other things detrimental
to the public health, and such Board shall have the right to recover by action
for debt for the expense incurred by said Board in the abatement or removal
from any person or persons who shall have caused or allowed such nuisance,
source of foulness or cause of sickness hazardous to the public health and
from any owner, tenant or occupant of the premises who, after notice as aforesaid,
shall have failed to remove such nuisance within the time specified in said
notice. In case said Board of Health shall fail to recover by such action
an amount sufficient to defray such expense or if it shall be deemed expedient
to bring such suit, it may present the bill, certified by said Board or a
majority thereof, to the local municipal authorities, and such bill shall
be audited and paid by the Borough Council or other local municipal government
in and for which said Board is organized in the same manner as the bills for
ordinary current expenses for such municipality are paid.
Any person or persons who shall carelessly or willfully aid in or contribute
to the doing of any act dangerous to life or detrimental to the health of
any human being or who shall omit any precaution reasonable and proper to
prevent or remove danger or detriment to the life or health of any human being
shall be deemed to have violated the provisions hereof.
Besides the special evils and nuisances hereinbefore mentioned, the
Board of Health of the Borough of Maywood shall, under the general laws, as
to the care of all nuisances or matters prejudicial to health, have the power
to take such measures as, in its judgment, the interests of the public health
may require.
It shall be unlawful for any person to burn or cause to be burned any
thing, matter or substance which shall emit into the air or cause, produce
or cast off any impure, obnoxious, offensive, foul, hurtful or repulsive gas,
smoke or odor of any kind which may be hazardous to human health, and such
act or causing to act as herein described is hereby declared a nuisance.
A code regulating the emission of smoke from fuel-burning equipment,
internal combustion engines, open fires, stacks or chimneys and providing
for the inspection of fuel-burning equipment is hereby established pursuant
to the Public Health and Sanitation Codes Adoption by Reference Act (P.L.
1950, c. 188).[1] A copy of said code is annexed hereto and made a part hereof without
the inclusion of the text thereof herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
Said code established and adopted by this chapter is described and commonly
known as the "Smoke Control Code of New Jersey (1953)."
three copies of said Smoke Control Code of New Jersey (1953) have been
placed on file in the office of the Secretary of this Local Board of Health
upon the introduction of this chapter and will remain there for the use and
examination by the public so long as this chapter is in effect.
Any person who violates any provision of this chapter or code established
herein or any order made pursuant thereto or who shall refuse to comply with
any such order shall, upon conviction thereof, be liable to a penalty as provided
herein.[1]
