[HISTORY: Adopted by the Board of Health
of the Borough of Wharton (Sec. 15-3 of the Revised General Ordinances).
Amendments noted where applicable.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Borough of Wharton, County of
Morris, State of New Jersey.
The Borough of Wharton, County of Morris, State of New Jersey.
The Environmental Health Specialist of the Borough of Wharton,
appointed or contracted by the Board of Health in the Borough of Wharton.
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.
The Health Officer of the Borough of Wharton appointed or
contracted by the Borough of Health in the Borough of Wharton.
Includes an individual, firm, corporation, society, partnership
and their agents or employees.
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.
