[HISTORY: Adopted by the Township Council of the Township of Franklin 9-11-1990
by Ord. No. 1599 (Ch. 169 of the 1990 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 88.
Unfit buildings — See Ch. 94.
Garbage, rubbish and refuse — See Ch. 142.
Housing standards — See Ch. 151.
Noise — See Ch. 167.
Property maintenance — See Ch. 183.
Peace and good order — See Ch. 265.
Recycling — See Ch. 284.
Rental dwellings — See Ch. 290.
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, requiring the proper heating of apartments, 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 Department of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188 of the Laws of 1950.[1] A copy of said code is annexed hereto and made a part hereof without
the inclusion of the text thereon herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
Said code established and adopted by this chapter 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 Health Officer and Clerk of
the Township upon the introduction of this chapter and will remain on file
there for use and examination by the public.
Section II, Nuisances defined and prohibited, Section 2.1, of the New
Jersey Public Health Nuisance Code (1953) is hereby amended by the addition
of the following subsection:
Section 2.1(j) The stockpiling or accumulating of composted
sewage sludge which may cause odor nuisances or air pollution or threaten
water pollution or which may attract flies or rodents or which may be located
in a floodplain or within 200 feet of any well or stream.
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As used in this chapter, the following terms shall have the meanings
indicated:
Includes the Health Officer or other official authorized by the Department
of Health to enforce this code and ordinance.
Includes an individual, firm, corporation, association, society,
partnership, and their agents or employees.
[Amended 12-9-1997 by Ord. No. 2049; 11-23-2004
by Ord. No. 3503]
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)
Pollution, or existence of a condition or conditions which cause
or threaten pollution, of any waters 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.
(2)
The escape into the open air from any stack, vent, chimney
or any entrance to the open air, or from any fire into the open air of such
quantities of smoke, fly ash, 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.
(3)
The growth, existence or presence of ragweed on any plot
of land, lot, highway, right-of-way or any other public or private place.
(4)
The growth, existence or presence of poison ivy within
20 feet of any property line.
(5)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(6)
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.
(7)
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.
(8)
The stockpiling or accumulating of composted sewerage
sludge which may cause odor, nuisances or air pollution or threaten water
pollution or which may attract flies or rodents or which may be located in
a flood plain or within 200 feet of any well or stream.
(9)
Any open or unguarded well, cistern, cesspool, excavation
in which there has accumulated any surface or drainage water, or abandoned
excavations situated within the Township. Any such public nuisance shall be
abated without further notice by the owner of the land on which such public
nuisance exists.
(a)
For the purposes of the preceding nuisance, an open or unguarded
well, cistern or cesspool is one which is not securely covered area, or completely
enclosed by a permanent fence at least four feet in height; an unguarded excavation
is one which is not completely enclosed by a fence at least four feet in height;
and an abandoned excavation is one in which further construction has been
permanently discontinued.
B.
It shall be unlawful for any person or persons to commit,
maintain or allow any nuisance, as declared and described in this section.
It shall be unlawful for the owner or owners who have agreed to supply
heat to any building designed to be occupied or is occupied as a residence
by more than two families to fail to supply heat from the first day of October
in each year to the first day of May of the succeeding year in such manner
that the temperature of said building where one or more persons reside shall
always be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00
p.m. Between the hours of 10:00 p.m. and 6:00 a.m., the temperature must be
maintained at a minimum of 65° F.
A.
It shall be the obligation of the owner of any multiple dwelling to have the heating system supplying heat to said multiple dwellings inspected annually and in accordance with the provisions of N.J.S.A. 55:13A-1 et seq. and Chapter 151, Housing Standards. Said inspection shall be for the following purposes:
(1)
To insure that the system is being maintained in accordance
with the standards applicable to the system as of the time of installation;
(2)
To locate and remove hazards or conditions that may,
if not corrected, foreseeably develop into health and/or safety hazards or
become violations of these regulations;
(3)
To confirm the ability of the system to fulfill the heating
requirements provided hereunder. Annual certifications of the required inspections
shall be made by the owners to the Franklin Township Health Department by
September 15th of each year. In addition to the required inspections under
N.J.S.A. 55:13A-1 et seq., the Franklin Township Department of Health reserves
the right to make additional inspections of heating equipment.
B.
Failure to properly maintain the heating system by regular
preventive maintenance activities, which failure results in frequent breakdowns
of the system, shall constitute a separate violation of this chapter. "Frequent
breakdowns" shall be defined for the purposes herein as the breakdown of a
heating system for a period of 24 hours, such breakdown occurring more than
once in any thirty-day period.
In the event of a failure of a heating system to supply heat to the
required temperatures when the outside temperature remains at or below the
freezing point, and such failure persists for a period of 24 hours, the owner
and/or operator of the units shall make every emergency effort to provide
alternate means of heat supply, at the owner's expense, in order to protect
the occupant's health and well-being, including, but not limited to, the relocation
of the affected occupants to an adequately heated facility.
It shall be unlawful for any person to spit upon any public sidewalk
or upon any part of the interior or exterior of any public building or public
conveyance.
A.
All places and premises in this municipality shall be
subject to inspection by the Department of Health officials if they have reason
to believe that any section of this code is being violated.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Department of Health officials from having full
access to any place or premises upon which a violation of this code is believed
to exist.
C.
Whenever a nuisance as declared by this code 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 24 hours
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. Said
twenty-four-hour notice may be waived by the Director of Health or his official
designee where serious disease or safety hazards of an emergency nature may
exist.
D.
To the extent applicable, the provisions of N.J.S.A.
26:3-59 apply to inspections performed hereunder.
[Added 12-9-1997 by Ord. No. 2049]
The provisions of this code shall be enforced by the Department of Health
and its licensed officials.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the penalties as provided in Chapter 1, Article II, General Penalty, at the discretion of the court. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.