Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Borough of Wharton (Sec. 15-3 of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 165.
Littering regulations — see Ch. 183, Art. I.
Property maintenance — See Ch. 231.
Sewers — See Ch. 247.
Solid waste — See Ch. 264.
Stormwater management — See Ch. 267.
Water — See Ch. 330.

§ 362-1 Adoption of standards.

The Public Health Nuisance Code of New Jersey is hereby adopted by reference as if set forth at length herein. A copy of this code is on file and is available for review in the Wharton Board of Health office.

§ 362-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH, LOCAL BOARD OF HEALTH or BOARD
The Board of Health of the Borough of Wharton, County of Morris, State of New Jersey.
BOROUGH or MUNICIPALITY
The Borough of Wharton, County of Morris, State of New Jersey.
ENVIRONMENTAL HEALTH SPECIALIST
The Environmental Health Specialist of the Borough of Wharton, appointed or contracted by the Board of Health in the Borough of Wharton.
HEALTH DEPARTMENT
The Health Department of the Borough of Wharton, New Jersey, which shall include the Health Officer and the officers and personnel who shall, under the jurisdiction of the Board of Health and by the direction of said Health Officer or as empowered by the State of New Jersey, be engaged in the protection of health in the Borough of Wharton and the enforcement of the public health laws of the State of New Jersey and the provisions of this chapter.
HEALTH OFFICER
The Health Officer of the Borough of Wharton appointed or contracted by the Borough of Health in the Borough of Wharton.
PERSON
Includes an individual, firm, corporation, society, partnership and their agents or employees.

§ 362-3 Prohibition; nuisances enumerated.

A. 
No person shall create, permit, maintain or allow to be created, permitted or maintained any nuisance within the Borough.
B. 
For the purposes of this chapter, the following specific circumstances, conditions and acts, each and all of them, are hereby defined and declared to be nuisances:
(1) 
Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water, or any cistern, privy vault, cesspool, rain barrel, tires or other receptacle containing liquid, or permitting the accumulation of any water or liquid in which mosquito larvae or pupae breed or do exist.
(2) 
The existence or presence of any accumulation of garbage, refuse, manure, vegetative matter or animal matter in which fly larvae or pupae exist or which attracts flies and other insects or wherein they breed.
(3) 
Constructing, maintaining or using any well or permitting the use of any well or other supply of water for drinking or household purposes which is so polluted or which is so situated or constructed that it may become polluted.
(4) 
Polluting or causing or permitting the existence of any condition or conditions which pollute or cause or threaten the pollution of any source of potable waters or any water supply.
(5) 
Permitting the existence of any imperfect, defective, leaking, unclean or filthy sink, water closet, urinal, sump pit, stop basin or other plumbing fixture in any building used or occupied by human beings.
(6) 
Depositing, maintaining or permitting the maintenance of accumulation of any household refuse, wastewater, sewage, garbage, tin cans, offal or excrement; any decaying fruit, vegetable, fish, meat, animal carcass or bones; any oyster or clam shells; or any matter, material, substance or thing which serves as food for insects or rodents and to which they may have access, or which serves as or constitutes a breeding place or harborage for insects, rats or other rodents.
(7) 
Causing or permitting to be created or to exist on any property any foul or obnoxious odors, gases or vapors.
(8) 
Depositing or storing or permitting the deposit, storage or accumulation on any property of any foul, putrid, corrosive or otherwise obnoxious liquid or substance.
(9) 
Depositing or storing or permitting the deposit, storage or accumulation on any property of any chemical or other waste or flammable, explosive, corrosive or otherwise dangerous liquid material or substance, except in a manner and under such conditions and restrictions as are prescribed by law.
(10) 
Permitting any garbage, offal, scraps, waste food or other putrescible material to be held in a container which is not watertight or which is uncovered in any store or factory, outside of any building, on any public or private property or in any building of multiple occupancy, except in individual apartments.
(11) 
The keeping of horses, cows, goats, rabbits, guinea pigs, dogs, cats or other animals under unsanitary conditions.
(12) 
Permitting any human excrement or material containing human excrement to remain or flow upon the surface of the ground or to remain or flow in any open ditch or streams, or burying, sloughing under or otherwise disposing of such excrement.
C. 
No person shall within the Borough sweep, throw, place, or otherwise deposit in or upon any sidewalk, street, gutter, public alley, park or parking area, or any other public place, any dirt, rubbish, paper, garbage, filth, ashes, glass, rubbish or refuse of any kind, or suffer the same to be done.
D. 
No person shall within the Borough direct, discharge or otherwise drain or cause or permit the direction, discharge, flow or drainage into any gutter or upon or across any sidewalk, street, public alley, park or parking area, or any other public place or private place of any:
(1) 
Refuse or wastewater from any sink, stable, toilet, septic tank, cesspool, sewer lateral or sewerage disposal unit.
(2) 
Waste or wash water from any laundry, automobile filling station, garage or car-washing establishment.
(3) 
Stormwater from a cellar drain or sump pump or from any storm drain, brook, spring, pond, marsh or lowland or from any swimming pool.
E. 
No person shall within the Borough deposit, empty, drain or discharge any gasoline, fuel or lubricating oil or other petroleum product or derivatives; any solvent, thinner, lacquer, paint, paint remover, varnish, cleaning fluid or other cleaning preparation; anything of a corrosive, explosive, flammable nature; or any effluent containing any of the same into any storm sewer, catch basin, ditch, stormwater drain, gutter, street, property or other public place, unless it has been suitably designated for such.
F. 
No person shall within the Borough burn any substance in any public street; or burn or permit to be burned any garbage, animal remains or offal; or burn any other substance in such manner that there is thereby created noxious, nauseating or annoying smoke, fumes or odors.

§ 362-4 Violations and penalties. [1]

Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 337, Article I, Board of Health General Penalty.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 337, General Provisions, Board of Health, Art. III).