[HISTORY: Adopted by the Board of Health
of the Township of Dover (now Toms River) 7-15-1974 by Ord. No. 5-74 as Ch. 118, Art. II, of the 1973 Code. Amendments noted where applicable.]
Each and all of the following regulations relative
to the construction, maintenance and emptying or cleaning, and the
frequency of cleaning, of any outdoor privy or other place used for
the reception or storage of human excrement, shall, after the effective
date of this chapter, be enforced and in effect in this municipality:
A.
No person shall use any outdoor place or premises
as a privy for the reception or storage of human excrement unless
the said privy shall be so constructed and maintained that any and
all openings shall have tight and well-fitted window or windows and
door or doors, which openings shall be completely screened in warm
weather in such manner as to prevent flies from entering said privy.
B.
The human excrement shall be emptied and cleaned from
each outdoor privy at least once in each three-month period. At each
of said periods of cleaning excrement from the privy:
(1)
The privy well shall be thoroughly fumigated, aired
out, and the privy well thoroughly washed down with an effective detergent;
(2)
Each seat of privy shall be thoroughly washed and
cleaned; and
(3)
The excrement removed from the privy shall be buried
in, and covered with, clean earth to a depth of at least three feet
below ground level.
C.
No privy shall be kept, possessed, owned or maintained
in an unclean, unsanitary or offensive condition.
D.
No privy emitting an offensive odor to the discomfort
of the owner or tenant of adjacent property, or to the general public,
shall be permitted on any premises in this municipality,
E.
The human excrement in such privy shall be treated
with effective detergent by the owner or possessor of the privy or
his representative, with sufficient frequency to prevent same from
becoming offensive.
F.
Such privy shall be maintained in such manner that
the excremental matter therein shall at all times be prevented from
flowing over upon the surface of the ground.
G.
Such privy shall not be erected or maintained within
100 feet of a stream, the waters of which are used for drinking or
domestic purposes.
H.
Such privy shall be substantially and well constructed
and kept in a good state of repair, to the end that it shall be watertight,
shall not leak from rain or snow falling upon it, shall be maintained
in such a manner that there shall be no foul or leaky vault or receptacle
for excremental matter, and shall not be constructed in such a manner
that or at any site where surface water or water from the adjacent
earth may or can flow in the privy well containing excremental matter.
Nothing herein contained shall be construed
to:
A.
Effect a waiver of any present ordinance requiring
and compelling any owner of property along the line of any municipal
sewer line to connect his house or other building therewith;
B.
Effect bathroom or toilet within a dwelling; or
C.
Effect underground cesspools or septic tanks connected
to toilet facilities in dwellings.
As used in this chapter, the following terms
shall have the meanings indicated:
As used in § 561-1 hereof, means outside the dwelling house, if any, on the premises.
Any person convicted of any violation of any provision of § 561-1 hereof shall suffer a penalty of:
A.
First offense, a fine of not less than $2 plus costs
of court, to a fine of not more than $100 plus costs of court;
B.
Second offense within the space of six months, the
court may, in addition to the penalty prescribed by N.J.S.A. 26:3-70,
as stated above, prescribe a penalty of imprisonment in the Ocean
County Jail for any number of days, not exceeding one for each $1
of penalty.
