Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Dover (now Toms River) as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals and animal establishments — See Chs. 165 and 516.
Unfit and unsafe buildings — See Ch. 228.
Housing and rental property standards — See Ch. 335.
Mobile home parks — See Ch. 363.
Noise — See Ch. 368.
Peace and good order — See Ch. 388.
Septic tanks, cesspools and privy vaults — See Ch. 417.
Smoking — See Ch. 433.
Solid waste — See Ch. 442.
Waterway control — See Ch. 501.
Communicable diseases — See Ch. 520.
Dumping — See Ch. 524.
Outdoor privies — See Ch. 561.
Slaughtering and slaughterhouses — See Ch. 575.
Water supplies — See Ch. 589.
Article I Health Hazards

§ 542-1 Nuisances; violations and penalties.

§ 542-2 Garbage and rubbish accumulations; violations and penalties.

§ 542-3 Water pollution; violations and penalties.

§ 542-4 Waste liquids; violations and penalties.

§ 542-5 Offensive odors from refuse; violations and penalties.

§ 542-6 Permit required for discharges and deposits; open excavations; violations and penalties.

§ 542-7 Dwelling nuisances; violations and penalties.

§ 542-8 Public building nuisances; violations and penalties; exception.

§ 542-9 Disinfection of buildings; violations and penalties.

§ 542-10 Animal pens and enclosures; violations and penalties.

§ 542-11 Unfit foods; violations and penalties.

§ 542-12 Failure to return official reports; violations and penalties.

§ 542-13 Cesspools and privy maintenance; violations and penalties.

§ 542-14 Pollution abatement in wells; location; violations and penalties.

§ 542-15 Unfit or adulterated milk; violations and penalties.

§ 542-16 School attendance by children with communicable diseases; violations and penalties.

§ 542-17 Medical examinations of suspected communicable diseases; violations and penalties.

§ 542-18 Quarantines; disinfection; violations and penalties.

§ 542-19 Notice of quarantine; violations and penalties.

§ 542-20 Moving of infected persons and contaminated articles; permits required; reports; violations and penalties.

§ 542-21 Burial of dead animals; violations and penalties.

Article II Adoption of State Code

§ 542-22 Adoption of standards by reference.

§ 542-23 Title of code.

§ 542-24 Copies on file.

§ 542-25 Violations and penalties.

[Adopted 7-15-1974 by Ord. No. 5-74 as Ch. 95, Art. II, of the 1973 Code; amended in its entirety 9-11-1995]

§ 542-1 Nuisances; violations and penalties.

Whatever is dangerous to human health, or whatever renders the ground, the water, the air or food a hazard or an injury to human health, is hereby declared to be a nuisance, and any person or persons creating or maintaining or aiding in the creation or maintenance of any such nuisance shall be liable to a penalty of $100.

§ 542-2 Garbage and rubbish accumulations; violations and penalties.

Any decaying animal or vegetable substance or substances, or other offensive matter in the form of rubbish, garbage or offal, in or upon any lot, street or highway or in or upon any public or private place, is hereby declared to be a nuisance, and any person or persons who shall maintain any such nuisance, or who shall aid therein, shall be liable to a penalty of $100.

§ 542-3 Water pollution; violations and penalties.

The pollution of any stream, well, spring or reservoir of water used for drinking purposes is hereby prohibited, and any person or persons who shall cause such pollution, or who shall aid therein, shall be liable to a penalty of $400.

§ 542-4 Waste liquids; violations and penalties.

The placing of house sewage, waste fluids or fouled liquids on the surface of the ground in such a manner as to become the source from which offensive odors shall emanate, or in such manner as to pollute ground, air or water, or in such manner as to endanger the purity of the water of any well, stream, pond or lake, or the discharge of such sewage or fluids into any street or highway, is hereby declared to be a nuisance, and any person or persons who shall cause or maintain, or who shall aid in causing or maintaining, any such nuisance shall be liable to a penalty of $100.

§ 542-5 Offensive odors from refuse; violations and penalties.

The storage of animal refuse or decaying or putrescible matter in liquid or solid form in any vault, cesspool or other receptacle, in such manner that the same shall, by reason of offensive odors emanating therefrom, become a source of discomfort to persons living or passing in the vicinity thereof, is hereby declared to be a nuisance, and any person or persons causing or maintaining any such nuisance, or aiding therein, shall be liable to a penalty of $100.

§ 542-6 Permit required for discharges and deposits; open excavations; violations and penalties.

The discharge or deposit of any foul or offensive liquids or solids into or upon any lots or lands without first obtaining a permit therefor from the local Board of Health, or the keeping or forming of sunken places or excavations upon any lot or land and the accumulation thereon of foul water or offensive animal or vegetable matter, is hereby declared to be a nuisance; and any person or persons who shall cause or maintain any such nuisance, or who shall aid in causing or maintaining the same, shall be liable to a penalty of $100.

§ 542-7 Dwelling nuisances; violations and penalties.

The keeping of any tenement house or other house or building, or any part thereof, in a state of uncleanliness, or the crowding of persons in any tenement or other house or building in such manner as to endanger the health of the persons dwelling therein, is hereby declared to be a nuisance; and any person or persons through whose act or neglect such state of uncleanliness shall be caused, and any person or persons by whom such crowding shall be caused, shall be liable to a penalty of $100.

§ 542-8 Public building nuisances; violations and penalties; exception.

The keeping of any jail, prison, almshouse or other public building, or any part thereof, in a state of uncleanliness, or the crowding of prisoners or inmates therein in such a manner as to endanger the health of such prisoners or inmates, is hereby declared to be a public nuisance; and any person or persons, officer or officers through whose act or neglect such state of uncleanliness shall be caused, and any person or persons, officer or officers by whom such crowding shall be caused, shall be liable to a penalty of $100; provided, however, that this section shall not apply to any person or officer having the care of prisoners or in any jail, prison, almshouse or other building where such building is of insufficient dimensions for the proper care of such prisoners or inmates, and such person or officer has no authority or power under the law to limit the number of prisoners or inmates that shall be committed to such building or to enlarge such building.

§ 542-9 Disinfection of buildings; violations and penalties.

The keeping of any such dwelling house or building in which there is or has been any dangerous or communicable disease without cleansing or disinfection is hereby prohibited. Any person or persons offending against this section shall be liable to a penalty of $100.

§ 542-10 Animal pens and enclosures; violations and penalties.

The keeping of any pen or enclosure for fowl, goats, swine or other animals, or of any slaughterhouse, tannery or factory, in such manner that offensive odors shall emanate therefrom to the detriment or discomfort of persons living or passing in the vicinity thereof, or to common discomfort, is hereby declared to be a nuisance; and any person or persons who shall keep any such pen, enclosure, slaughterhouse, tannery or factory in such manner as aforesaid shall be liable to a penalty of $100.

§ 542-11 Unfit foods; violations and penalties.

The sale of any meat or vegetable food or drink that is unwholesome or unfit for food is hereby prohibited; any person or persons making any such sale as aforesaid shall be liable to a penalty of $400.

§ 542-12 Failure to return official reports; violations and penalties.

Any physician, midwife, nurse, clergyman, magistrate or other person who shall officiate at any death, birth or marriage, and who shall neglect to make a return thereof to the proper officer according to law, shall for each and every failure to make such return or report to be liable to a penalty of $200.

§ 542-13 Cesspools and privy maintenance; violations and penalties.

Any owner or occupier of any premises within this Township shall cleanse every cesspool or privy upon such premises and remove the contents therefrom upon notice, in writing, to that effect from this Board, and every such occupier or owner who shall neglect or refuse to cleanse any such cesspool or privy for two days after such notice shall forfeit and pay a penalty of $50 for every such offense.

§ 542-14 Pollution abatement in wells; location; violations and penalties.

Whenever this Board shall have satisfactory evidence that any well, the water of which is used for domestic purposes, has become polluted and rendered unsafe for potable use, notice to discontinue the use of said polluted water shall be sent to the owner or party in charge of said well, and at the discretion of this Board, the owner or party in charge of said well may be ordered, in writing, to close, fill up or withdraw from the ground the said well. If the said order is not complied with within the time therein specified, this section shall be deemed violated and this Board may proceed to cause the said well to be closed, filled up or withdrawn from the ground. Every well which is used for domestic purpose shall be at least 40 feet distant from every privy vault, cesspool, manure vault and horse or cow stable. Any person or persons offending against any of the provisions of this section shall forfeit and pay a penalty of $200.

§ 542-15 Unfit or adulterated milk; violations and penalties.

No person shall sell or deliver or have in possession for sale any milk which has been watered or adulterated, or which contains any unhealthy ingredient, constituent or substance, or which has been transported or stored in any unclean manner or which is produced from cows which are kept or stabled under unhealthful conditions or which are diseased. Any person or persons or corporation who shall violate any of the provisions of this section shall forfeit and pay a penalty of $200.

§ 542-16 School attendance by children with communicable diseases; violations and penalties.

No principal, teacher or superintendent of any school, and no parent or guardian of any child attending any school, shall permit any child sick with any communicable disease, or any child residing in any house in which such disease shall exist, to attend any school until this Board shall have given its permit therefor. Any person or persons offending against any of the provisions of this section shall forfeit and pay a fine of $100.

§ 542-17 Medical examinations of suspected communicable diseases; violations and penalties.

Whenever it shall be deemed necessary by this Board to establish the true character of any disease which they may believe to be communicable, a medical examination of the person or persons affected by such disease may be ordered, and such examination shall be permitted by all attendants and persons. Any person or persons offending against any of the provisions of this section shall forfeit and pay a penalty of $200.

§ 542-18 Quarantines; disinfection; violations and penalties.

In case of infectious or contagious or communicable diseases in this Township, the persons affected thereby shall, at the discretion of this Board, be isolated, or they may be removed to such locality as this Board may order and direct; and all buildings, clothing, property, premises and vehicles which may become infected by the presence of persons affected by contagious, infectious or communicable disease shall be disinfected, and said disinfection shall be made and performed in such manner and with such materials and within such stated time and under such supervision as this Board may direct. And this Board may establish such separation and isolation or quarantine of the sick from other persons not necessary as attendants, and also provide and effect such special care, disinfection and cleansing of property and premises as shall, in the judgment of the Board, be needed in order to prevent the spreading of such diseases to other persons. Any person or persons offending against any of the provisions of this section, or obstructing any duly authorized agent of this Board in carrying out the instructions of the Board, shall forfeit and pay a penalty of $200.

§ 542-19 Notice of quarantine; violations and penalties.

Whenever quarantine or isolation and separation of persons or property is ordered by this Board, notice of said order shall be given to the persons affected thereby. Said notice shall be in writing and it may be served personally, left with some person at the infected house, or it may be posted upon the building or premises occupied by the infected persons or property. The requirements of said quarantine notices shall be obeyed by all persons, and no such notice or any other sign indicating the presence of communicable disease upon any premises shall be removed except by consent of this Board. Any person or persons offending against any of the provisions of this section shall forfeit and pay a penalty of $400.

§ 542-20 Moving of infected persons and contaminated articles; permits required; reports; violations and penalties.

No person or article liable to propagate a communicable disease shall be brought within or removed from the limits of the Township without the written permit and under the direction of the Board of health thereof; and whenever it shall come to the knowledge of any person that such person or article has been brought within such limits, he shall immediately give notice thereof to the said Board. No person shall within this Township, without a permit from the Board of Health thereof, carry or remove from one building to any other any person sick of any communicable disease, nor shall any person by any exposure of any individual sick of any communicable disease or of the body of such person, or by any negligent act connected therewith or in respect to the care or custody thereof, or by a needless exposure of himself, cause or contribute to or promote the spread of communicable disease. Any owner, lessee or any tenant of any dwelling in which there shall occur a case of communicable disease shall immediately notify the Board of Health of the same, and until instructions are received from the said Board, shall not permit any clothing or other property that may have been exposed to infection to be removed from the house. Nor shall any occupant of such house change his residence elsewhere without the consent of the said Board during the prevalence of any public danger from said disease. Any person or persons offending against any of the provisions of this section shall forfeit and pay a penalty of $200.

§ 542-21 Burial of dead animals; violations and penalties.

All dead animals shall be buried at least 500 feet distant from any public highway or other road, and the same distance from any dwelling house or outbuilding, and not less than four feet below the surface of the ground. Any person or persons violating any of the provisions of this section shall forfeit and pay a penalty of $100.
[Adopted 7-15-1974 by Ord. No. 5-74 as Ch. 95, Art. I, of the 1973 Code; amended in its entirety 9-11-1995]

§ 542-22 Adoption of standards by reference.

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.

§ 542-23 Title of code.

The code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."

§ 542-24 Copies on file.

Three copies of said "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 upon the introduction of this article and will remain on file there for the use and examination of the public.

§ 542-25 Violations and penalties.

A. 
Any person who violates or neglects to comply with any provision of this article or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation.
B. 
The court may cause a defendant who refuses or neglects to pay the amount of a judgment rendered against such defendant and all costs and charges incident thereto, to be committed to the County jail for a period not exceeding 90 days.
C. 
In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same Health Ordinance or code and due proof of such fact is made, the court may, in addition to the imposition of the penalty prescribed herein, cause the defendant to be imprisoned in the County jail or County workhouse, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty.