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