[HISTORY: Adopted by the Board of Health of the Township of Monroe 12-9-1987 by Ord. No. BOH 8-87. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 126.
Junkyards — See Ch. 169.
Littering — See Ch. 193.
Open burning — See Ch. 220.
Refuse collection and recycling — See Ch. 239.
Outdoor sale of merchandise — See Ch. 242.
Retail food establishments — See Ch. 283.
Noise — See Ch. 293.
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCING OFFICIAL
The Health Officer or other official authorized by the Board of Health to enforce this chapter.
FARMER
Any person commercially engaged in the raising, growing or producing of farm products on a farm.
FARM PRODUCTS
Any food crop, cattle, hogs, poultry, horses, dairy products and other agriculture products designed to be used for food purposes.
PERSON
An individual, firm, corporation, association, society or partnership and their agents or employees.
The following matters, things, condition or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality, and it shall be unlawful for any person or persons to commit, maintain or allow any of the following:
A. 
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.
B. 
Any matter, thing, condition or act which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of this municipality.
C. 
Pollution or existence of a condition or conditions which cause or threaten the 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.
D. 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
E. 
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.
F. 
Depositing, accumulating or maintaining any matter or thing, such as but not limited to unregistered motor vehicles, discarded or unused waste iron or other metal, glass, paper, used lumber, rags, machine parts or discarded machines, in whole or in part, which serves or constitutes a breeding place or harborage for insects or other rodents in or on any land, premises, building or other place.
G. 
The escape, dumping or piping of any wastewater onto any street, public or private.
H. 
The escape or overflow of any cesspool so as to permit the same to flow on the surface of the ground.
I. 
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.
[Added 7-13-1988]
J. 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
[Added 7-13-1988]
K. 
The growth, existence or presence of poison ivy within 20 feet of any property line.
[Added 7-13-1988]
L. 
The growth, existence or presence of grass and/or weeds on any residential or commercial property to grow over a height of one foot.
[Added 10-14-2011 by Ord. No. BOH 2-11]
M. 
The growth, existence or presence of tree branches, limbs or foliage to overhang any public sidewalk or street with less than an eight-foot clearance from the ground surface.
[Added 10-10-2012 by BOH 2-12]
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 or any other health ordinance is being violated.
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 or any other health ordinance of this municipality is believed to exist.
In addition to the above, the Board of Health or the enforcing official may take and examine samples of water from any public or private camps and bathing areas or any other stream or lake as often as he deems necessary for the detection of pollution or contamination of the water supply.
A. 
Whenever a nuisance 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.
B. 
If the owner resides out of 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.
If the owner, tenant or occupant, upon being notified, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health may 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.
A. 
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance from any person who shall have caused or allowed such nuisance to exist, or from any owner, tenant or occupant of premises who, after notice, shall fail to remove and abate the same within the time specified in such notice.
B. 
Whenever the Board of Health has received proof of a violation, notice of said violation shall be served on the owner, tenant or occupant of premises, directing that the said violation shall be corrected within seven days of the date of the notice. In the event that the owner, tenant or occupant of premises shall refuse or fail to correct the violation, the Board of Health shall have the authority to enter upon the premises for the purpose of correcting the violation. The cost of the correction of the violation shall be certified to the owner, tenant or occupant of premises and shall be charged against the premises, and the amount so charged shall become a lien upon said lands and premises to be added to and become and form a part of the taxes next to be assessed and levied upon said lands and premises, to bear interest at the same rate as other taxes and municipal liens, and shall be collected and enforced by the same municipal officer in the same manner as other taxes and municipal liens. For the purpose of this Subsection B, the following shall be the cost of correction of a violation:
[Added 3-13-2013 by Ord. No. BOH 1-13]
(1) 
Actual cost charged by the Township pursuant to § 74-41 of the Code of the Township of Monroe.
(2) 
Township administrative cost in the amount of $250.
(3) 
Any other fine or penalty imposed pursuant the Code of the Township of Monroe.
None of the provisions of this chapter shall in any way be used to prevent farmers from carrying on the normal operation of their farm business.
The following shall be unlawful within the Township of Monroe:
A. 
Sidewalk display of foodstuffs; exception. It shall be unlawful to display for sale on any of the sidewalks of the township any meats, vegetables or other foodstuffs. Any display or sale of foodstuffs as aforesaid shall not be prohibited if made by or on behalf of any charitable organization.
B. 
Smoke. It shall be unlawful to permit to be emitted from any chimney or any engine or other stove, range, boiler or other device burning any material, excessive quantities of smoke or gas sufficient in quantity and density to be injurious to health or property.
C. 
Littering. It shall be unlawful to throw, dump, scatter, cast, sweep or otherwise deposit any dirt, trash, rubbish or paper upon the sidewalks, streets, parks or other property within the limits of the township, except in such places as are designated as a public dump.
D. 
Maintenance of sidewalks. It shall be unlawful to permit by the owner or occupant of any land grass or weeds to be grown over or on the sidewalks in front of any property to a height greater than 12 inches.
E. 
Property damage. It shall be unlawful to deface, injure, mark, mar or destroy in any manner any real or personal property upon either private or public property.
F. 
Fire hazards. It shall be unlawful to keep or maintain on any premises any trash, paper or rubbish of any kind or character in such a way or manner as to be ignited or in such manner as to be detrimental to the public health or safety or in such way as to be distributed by the wind to the public streets and highways or to the property of another, or to place or pile any trash, papers or rubbish of any kind or character along the property line or against any fence or building.
G. 
Advertising. It shall be unlawful to distribute any circular, paper or other matter or thing on the streets, highways or other public places in such manner as to be carried by the wind from place to place.
H. 
Waste burning. It shall be unlawful to burn any paper, trash or rubbish in such manner as to endanger property.
I. 
Dogs; barking and howling. It shall be unlawful to keep, harbor or maintain any dog who shall howl or bark at night or at any other time to the extent that the peace and good order of the neighborhood is disturbed,
J. 
Exposed trash, garbage. It shall be unlawful to have or permit any receptacle used for the purpose of trash or garbage to be exposed unless substantially covered.
K. 
Obstruction of public streets and sidewalks. No person shall encroach, obstruct, interfere with or impede, directly or indirectly, or permit an encroachment, obstruction or interference with the streets of Monroe Township or the vehicular traffic upon the streets of Monroe Township except as otherwise provided in Chapter 249. It shall be unlawful to have or permit any receptacle, dumpster or other item used for purposes of building operation or similar operation without obtaining the necessary approvals from the Construction Code Official. Any such receptacle so approved for purposes of building operation must have sufficient safeguards for the public to prevent injury from said obstructions, or must be provided with sufficient red lights to properly mark the same so that the obstruction is visible at night.[1]
[Added 8-19-1991 by Ord. No. O-22-91]
[1]
Editor’s Note: Former Subsection L, Loitering, which immediately followed this subsection, was repealed 9-9-2013 by Ord. No. O:13-2013.
Any person who violates or neglects to comply with any provision of this chapter herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than $50 nor more than $500 or imprisonment not to exceed 90 days, or both, for each violation. Upon conviction of a violation of this chapter, each succeeding day thereafter shall be considered a new and separate violation.
In the event that any section, sentence or clause of this chapter shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.
This chapter shall take effect 20 days after the final reading.