[HISTORY: Adopted by the Board of Health of the Township of West
Amwell 1-2-1956. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the Health Officer or other official authorized by the Board
of Health to enforce this chapter.
Includes an individual, firm, corporation, association, society or
partnership, and their agents or employees.
A.
The following matters, things, conditions or acts, and
each of them, are hereby declared to be nuisances and injurious to the health
of the inhabitants of this municipality:
(1)
Any matter, thing, condition or act which is or may become
detrimental or a menace to the health of the inhabitants of this municipality.
(2)
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.
(3)
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.
(4)
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.
(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.
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 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.
It shall be unlawful for any person to make, cause or suffer or permit
to be made or caused upon any premises owned, occupied or controlled by him
or it, or upon any public street, alley or thoroughfare in this municipality,
any unnecessary noises or sounds by means of the human voice or by any other
means or methods which are physically annoying to persons or which are so
harsh or so prolonged or unnatural or unusual in their use, time and place
as to occasion physical discomfort or which are injurious to the lives, health,
peace and comfort of the inhabitants of this municipality or any number thereof.
It shall be unlawful for any person to rent, lease or otherwise permit
the occupancy of any building as a residence or for any person to reside in
any building as its owner, which building:
A.
Is not adequately and properly ventilated; or
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by the State
Department of Health or a private supply approved by the enforcing official;
or
C.
Does not have plumbing fixtures consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet, connected to the potable
water supply; or
D.
Does not have facilities for the discharge of all household
liquid wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system approved by the enforcing official.
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 Board of Health or the enforcing official if
the Board or that official has reason to believe that any section of this
chapter is being violated.
B.
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 is believed to exist.
A.
Whenever a nuisance as declared by § 166-2 of this chapter 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 the 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.
C.
Whenever a nuisance as declared by § 166-2 of this chapter is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
D.
If the owner, tenant or occupant, upon being notified
as provided by this section, shall not comply with such notice within the
time specified therein and fails to remove or abate such nuisance, the Board
of Health shall 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.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 166-2 of this chapter from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of a premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
[Amended 6-1-1989 by Ord. No. 1-89]
The provisions of this chapter shall be enforced by the Board of Health
or its enforcing official between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday, and by the West Amwell Township Police Department and/or Animal
Control Officer between the hours of 4:31 p.m. and 8:29 a.m., Monday through
Friday and on Saturdays and Sundays.
[Amended 5-3-1984 by Ord. No. 1-84]
Any person who violates or neglects to comply with any provision of
this chapter or code established herein or notice issued pursuant thereto
shall, upon conviction thereof, be liable to a penalty of not less than $2
nor more than $500 for each violation.