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Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
Code
New Laws (1) Index Notes (2)
[HISTORY: Adopted by the Bloomfield Board of Health 10-5-1983 (Ch. 322 of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCING OFFICIAL
Includes the Health Officer or other official authorized by the Board of Health to enforce this chapter.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
A. 
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), regarding any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of the Township, of the 2008 Code was repealed at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V).
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(2), regarding any matter, thing, condition or act which is or may become an annoyance or interfere with the comfort or general well-being of the Township, of the 2008 Code was repealed at time of adoption of Code (see Ch. 575, General Provisions, Board of Health, Art. V).
(3) 
Pollution or the existence of a condition or conditions which cause or threaten pollution or any waterway in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this municipality either in their health, comfort or property.
(4) 
The escape into the open air from any stack, vent or chimney or any entrance to the open air or from any fire into the open air of such quantities of smoke, dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety.
(5) 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
(6) 
The growth, existence or presence of poison ivy on any property.
(7) 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(8) 
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies may have access or in which fly larvae or pupae breed or exist.
(9) 
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
(10) 
Recreational fires.
[Added 12-13-2021 by Ord. No. 21-49]
B. 
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
[Added 12-13-2021 by Ord. No. 21-49]
A. 
Legislative findings; policy; application.
(1) 
Recreational fires and burning of combustible materials in a residential setting may pose a serious hazard to public health, safety, general welfare and the quality of life of the residents of the Township of Bloomfield. The public has a right to and should be ensured of an environment free from noxious fumes and threat of fire. It is the policy of the Township of Bloomfield Fire Department to prevent the danger of fire from open burning which is a detriment to the public health, comfort, safety, welfare and quality of life.
(2) 
It is in the public interest that the provisions, prohibitions and controls hereinafter contained and enacted as a matter of legislative determination and public policy be adopted for the purpose of securing and promoting the public health, comfort, safety, and general welfare and quality of life of the residents of the Township of Bloomfield.
B. 
Definitions. For the purpose of this section, the following definitions shall apply:
CHIMINEA, OUTDOOR FIREPLACE, OUTDOOR FIRE PIT
As defined by manufacturers, approved containers for open burning.
FIREWOOD
Trunks and branches of trees and bushes, but does not include leaves, needles, vines, or brush smaller than two inches in diameter. Includes commercially manufactured, UL-approved fire logs.
RECREATIONAL FIRE
An outdoor fire contained in an approved UL container for entertainment.
TREATED LUMBER
Dry wood which was milled and dried and has been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or other substance.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, glue, chemical, preservative, adhesive, stain, paint or any other substance.
C. 
Recreational fire regulations.
(1) 
Recreational fires in approved containers shall be allowed without a permit and will be subject to the regulations contained herein.
(2) 
Fires shall be limited to a maximum three-foot diameter and two-foot height and must be contained in a noncombustible chiminea, outdoor fireplace, fire pit or other UL-compliant device approved for such purpose.
(3) 
All openings in the container or fire pit must be covered with wire mesh or other screening materials that will prevent the passage of sparks or embers.
(4) 
Fires must be kept in the rear yard at least 15 feet from any structure or combustible exterior wall.
(5) 
Fires must be constantly attended until the fire is extinguished.
(6) 
No such fire or container used for open burning may be used on any porch, deck, balcony, or any other portion of a building; within any room or space; or under any building overhang.
(7) 
The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than two inches in diameter, treated or untreated lumber, garbage, paper products or anything other than firewood as defined herein is prohibited, except that kindling may be used to start a fire.
(8) 
The Fire Chief or their designee or Health Officer or designee may order any open fire, or use of chiminea, outdoor fireplace or fire pit, which unreasonably interferes with the health, safety or welfare of neighboring residents or properties to be immediately extinguished.
D. 
Enforcement.
(1) 
This section shall be administered by any code enforcement department within the Township of Bloomfield.
(2) 
Any person who violates any provision of this section shall, upon conviction thereof, be punished by a fine not to exceed $1,250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
A. 
All places and premises in this municipality shall be subject to inspection by the Board of Health or the enforcing official if the Board or that official has reason to believe that any section of this chapter is being violated.
B. 
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Board of Health or the enforcing official from having full access to any place or premises upon which a violation of this chapter is believed to exist.
A. 
Service of notice.
(1) 
Whenever a nuisance as declared by § 640-2 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
(2) 
If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
(3) 
Whenever there is, in the opinion of the Health Officer or their agent, an immediate danger or hazard to health, safety, comfort or general well-being of the inhabitants of this municipality, the Health Officer is hereby authorized and empowered to order the removal or abatement of the condition within any time period considered reasonable within the context of the situation.
[Added 6-3-1992]
B. 
Whenever a nuisance as declared by § 640-2 of this chapter is found on any public property or on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
C. 
If the owner, tenant or occupant, upon being notified as provided by this section, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Board shall deem proper.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 640-2 of this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of the premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
The provisions of this chapter shall be enforced by the Board of Health or its enforcing official.
[Amended 12-6-1994; 12-6-2006; 12-27-2006]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to the provisions of Chapter 578, Article V.