Township of Holland, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Holland 9-7-1965. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 68.
Garbage, rubbish and refuse — See Ch. 89.
Maintenance of property — See Ch. 109.
Certificates of occupancy — See Ch. 115.
Public areas — See Ch. 125.
A. 
Portions of a code which define and prohibit certain matters, things, conditions or acts and each of them as a nuisance, prohibit certain noises or sounds, prohibit lease or rental of certain buildings, authorize the inspection of premises by an enforcing official, provide for removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribe penalties or abating such nuisances and prescribe penalties for violation are hereby established pursuant to Chapter 188 of the Laws of 1950 (N.J.S.A. 26:3-69.1 to 3-69.6); the portions of said code hereby so established are as follows:
(1) 
All of Section I thereof.
(2) 
Subsection 2.1(a), (b), (c), (d), (g), (h) and (i) and Subsection 2.2 of Section II thereof.
[Amended 4-10-1980]
(3) 
All of Section III thereof.
[Amended 4-10-1980]
(4) 
All of Section IV thereof.
[Amended 4-10-1980]
(5) 
All of Section V thereof, except Subsection 5.1(c) of said section; provided, however, that the words "State Department of Health" appearing in Subsection 5.1(b) and (d) are hereby changed to read "State Department of Environmental Protection."
[Amended 4-10-1980]
(6) 
All of Sections VII, VIII, IX and X thereof.
B. 
A copy of said code, so marked as to indicate the portions thereof hereby so established, is annexed hereto and made a part hereof without the inclusion of the text thereof herein.[1]
[1]
Editor's Note: See § 195-5, Reproduction of code, as amended.
Said code, portions of which are established and adopted by this chapter, is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the said Public Health Nuisance Code of New Jersey (1953), so marked as to indicate the portions thereof which are established and adopted by this chapter, have been placed on file in the office of the Secretary of this Board of Health upon the introduction of this chapter and will remain on file there for the use and examination of the public.
[Amended 9-5-1989 by Ord. No. 1989-9]
A. 
For violation of any provision of this chapter, the penalty, upon conviction, shall be a minimum fine of $100 and a maximum fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each day on which such violation exists shall constitute a separate violation. The court before which any person is convicted of violating this Chapter 195 shall have the power to impose a penalty, pursuant to N.J.S.A. 26:3-70 et seq. and the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]), of not more than $500 nor less than $5. A creditor required to care for, maintain, secure, and keep up a property under this chapter cited in notices issued pursuant to this chapter shall be subject to a fine of $2,000 for each day of the violation. The penalties set forth in this section are separate and apart from the remedy provided for in § 195-4 hereof and the remedy provided by the New Jersey Statutes Annotated, N.J.S.A. 40:48-2.13, and 40:48-2.14. The remedy in this section shall be in addition to all remedies available to the Township in law or in equity.
[Amended 9-11-1997; 7-21-2015 by Ord. No. 2015-7]
[1]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 was repealed L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
B. 
Any person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.
[Amended 5-10-1990; 9-11-1997; 6-11-2009 by Ord. No. BOH 2009-2; 9-9-2010 by Ord. No. BOH 2010-3; 7-14-2011 by Ord. No. BOH 2011-2]
The state code referred to in this chapter, with its deletions and acceptable portions, and as it may have been amended from time to time by the Board of Health, is produced as follows:
Public Health Nuisance Code of New Jersey (1953) [Approved by the New Jersey State Department of Health, September 16, 1953]
Section 1
Definitions as Used in this Code and Ordinance.
1.1.
"Enforcing officials" shall mean and include the Health Officer or other official authorized by the Board of Health to enforce this code and ordinance.
1.2.
"Person" shall mean and include an individual, firm, corporation, association, society, partnership and their agents or employers.
Section II
Nuisances Defined and Prohibited.
2.1.
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:
(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 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 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.
(e)
Deleted.
(f)
Deleted.
(g)
The existence of presence of any water or other liquid in which mosquito larvae breed or exist.
(h)
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.
(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.
(j)
The existence of any accumulation, piling or spreading of manure on any property which is not over three acres in area (except any such property which, being combined with other property, is under the Farmland Assessment Act of 1964[1]) under the following conditions:
[1]
Where the manure has not been produced on the property or is not already properly composted.
[2]
Where the manure is accumulated, piled or spread to an elevation exceeding six inches in height above the surrounding grade.
[3]
Where the manure is accumulated, piled or spread in a location so that it pollutes surface water which runs beyond the boundaries of the property on which the manure has been accumulated, piled or spread.
2.2.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
2.3
It shall be unlawful for any property owner or tenant keeping or harboring a dog or dogs to allow or permit the presence of such dog or dogs, or the manner in which they are housed or maintained, to create offensive odors which render the air uncomfortable or disturbing to a reasonable person in the use and occupation of his or her property; and it shall be unlawful, and prima facie a public nuisance, for an owner or tenant of a property on which a dog or dogs are kept or harbored to permit or allow dog waste to accumulate on the premises or to be collected or stored in the open so as to create a threat to the public health.
Section III
Proper Heating of Apartments
3.1.
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.
Section IV
Prohibition of Certain Noises or Sounds
4.1.
It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned or 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.
(a)
The operation of an Off-Road Vehicle (“ORV”) that is not equipped with a factory installed or functionally equivalent muffler in good working order and in constant operation shall be a violation of this section. The operation of an ORV within 200 feet of the property line between the hours of 7:00 a.m. and 10:00 p.m. or within 800 feet of the property line between the hours of 10:00 p.m. and 7:00 a.m. shall be presumed to be a violation of this ordinance subject to proof by the person charged with a violation of this section that the use of the ORV is not impacting on the complainant’s enjoyment of life and property as a result of relative loudness, distance to the property line, number of vehicles or frequency of drive-bys.
(b)
ORV means a motor vehicle that is capable of human transport and designed or used for the purpose of recreation off of the public right-of-way including, but not limited to all-terrain vehicles, trail/dirt bikes, minibikes, go-carts and snowmobiles.
(c)
The following uses of ORVs are exempt from the provisions of this subsection (a):
1.
ORVs specifically used for farming activities under the New Jersey Right-to-Farm regulations, yard work and snow removal.
2.
ORVs engaged in government or emergency functions including but not limited to utility repair, search and rescue operations, fire fighting or vehicles engaged in scientific research in otherwise inaccessible areas.
3.
ORVs in transit to or from public roadways or when being loaded or unloaded from their transport vehicles.
4.
Lawn mowers, tractors, lawn, garden or similar equipment for residential use provided that the equipment is operated with a factory-installed muffler or functional equivalent.
5.
ORVs used in public celebrations that are government sponsored or government permitted events.
6.
ORVs used on municipally approved motor vehicle racetracks.
7.
ORVs used in safety training by a certified instructor under the Motorcycle Safety Foundation (MSF) or another sanctioned curriculum and with written, permitted approval from the Township.
(d)
If a minor operates an ORV in violation of this subsection (a), it shall be a refutable presumption that the minor’s parent or guardian enabled the ORV to be so operated and the parent or guardian shall be an additional responsible party.
(e)
It shall be unlawful for any property owner or tenant to allow any dog, kept or harbored by an owner or tenant of any property in the Township, to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Police Officer. Prima facie evidence of a violation of this section shall include but not be limited to:
Vocalizing (howling, yelping, barking, squawking, etc.) for 20 minutes without interruption, which is defined as an average of four or more vocalizations per minute in that period (that is at least 80 vocalizations in a twenty-minute period), between the hours of 7:00 a.m. and 10:00 p.m. or for 10 minutes or more without interruption (that is at least 40 vocalizations in a ten-minute period) between the hours of 10:00 p.m. and 7:00 a.m.
[1]
It is an affirmative defense under this Subsection (e) that the dog was provoked to violate the ordinance by a person other than the property owner, tenant or a person visiting the property owner or tenant, any child not residing with or visiting the property owner or tenant, a vehicle operated by a person other than the property owner, tenant or a person visiting the property owner or tenant, or any other animal that either is not owned by the property owner, tenant or a person visiting the property owner or tenant or does not have the permission of the property owner or tenant to be on the property, including but not limited to wild animals that may come on the property.
[2]
The provisions of this Subsection (e) shall not apply to the establishment of a veterinarian, or to a kennel, pet shop, pound, or shelter, licensed under N.J.S.A. 4:19-15.8, and operating in compliance with state regulations for such an establishment.
[3]
No citation shall be issued by the police pursuant to this Subsection (e) unless the police have issued one written warning before the citation is issued.
[4]
The following maximum fines shall apply upon issuance of a citation:
First offense
$100
Second offense
$250
Each subsequent offense
$500
Section V
Prohibited Lease or Rental of Certain Buildings
5.1.
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:
(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 Environmental Protection or a private supply approved by the enforcing official; or
(c)
Deleted.
(d)
Does not have facilities for the discharge of all household liquid wastes into a public sewerage system approved by the State Department of Environmental Protection or into a private system approved by the enforcing official.
Section VI
Curbing of Dogs
6.1
No person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance upon any public property of the Township whatsoever, nor on any private property not owned or occupied by such person without the permission of the owner or occupant of such private property. Such private property shall specifically include, but is not limited to, the firehouse lot on Route 627 (Block 19, Lot 12.01).
6.2
This restriction shall not apply to the portion of a Township street lying between the curblines, or if uncurbed, within 10 feet of the paved or traveled surface, which may be used to curb such dogs under the following conditions:
(a)
The person who so curbs such dog shall immediately remove all feces deposited by such dog by any sanitary method (shovel, container, disposal bag, etc.).
(b)
The feces removed from the aforementioned designated area shall be disposed of by the person owning, harboring, keeping or in charge of any dog curbed in a sanitary manner on said person's own property.
6.3
Without limiting the generality of the foregoing language of this Section VI, no person owning, harboring, keeping or in charge of any dog shall cause, suffer or allow such dog to soil, defile, defecate upon or commit any nuisance upon the following particular public properties owned by the Township:
(a)
Municipal Building and its grounds (Block 22, Lot 22.01).
(b)
Township parklands, except that notwithstanding any contrary provision in this Section VI, the prohibition shall not apply to the Shire Road parkland (Block 10, Lot 12).
(c)
Riegel Ridge Community Center facilities and grounds (Block 6, Lot 2).
(d)
Township lands behind the present Credit Union (Block 24, Lot 2.04).
(e)
The athletic field lot behind the municipal building (Block 6, Lot 2.01).
(f)
The Department of Public Works/Library property (Block 6, Lot 63).
(g)
The presently vacant lot on Bellis Road (Block 5, Lot 1).
(h)
The firehouse property on Route 519 and vacant lot on Andersen Road next to this firehouse property (Block 10, Lots 7 and 5).
Section VII
Inspection of Premises
7.1.
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 code is being violated.
7.2.
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 code is believed to exist.
Section VIII
Abatement of Nuisances
8.1.
Whenever a nuisance as declared by Section II of 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 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.
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.
8.2.
Whenever a nuisance as declared by Section II of this code 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.
8.3.
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.
8.4
In addition to the foregoing remedies, fines for certain nuisances may be imposed as set forth in § 195-4 and Subsection 4.1(e)[4] of Section IV of § 195.5.
Section IX
Recovery of Costs by Board of Health
9.1.
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 Section II of this code 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 and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
Section X
10.1.
The provisions of this code shall be enforced by the Board of Health or its enforcing official.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[Added 7-21-2015 by Ord. No. 2015-7]
Pursuant to the provisions of the New Jersey Creditor Responsibility Law (P.L. 2014, c. 5),[1] a creditor filing a summons and complaint to foreclose a lien on a residential property that is vacant and/or abandoned, whether the filing of the summons and complaint is made before or after the determination that the property is vacant and abandoned, shall be responsible for the care, maintenance, security, and upkeep of the exterior of the residential property.
[1]
Editor’s Note: See N.J.S.A. 46:10B-51 et seq.
[Added 7-21-2015 by Ord. No. 2015-7]
If the Zoning Officer or other authorized municipal official determines that a creditor obligated to care for, maintain, secure and keep up a vacant and abandoned property has failed to do so in violation of the provisions of the Code, the public officer or other authorized municipal official shall issue a notice of violation to the creditor that has filed a summons and complaint to foreclose on the property in question. The notice shall require the person or entity to correct the violation within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. The issuance of this notice shall constitute evidence that a property is vacant and abandoned for purposes of N.J.S.A. 2A:50-73.
[Added 7-21-2015 by Ord. No. 2015-7]
An out-of-state creditor shall include the full name and contact information of the in-state representative or agent in the notice required to be provided to the Municipal Clerk pursuant to paragraph one of N.J.S.A. 46:10B-51. An out-of-state creditor found by a court of competent jurisdiction to have violated this provision shall be subject to a fine of $2,500 for each day of the violation commencing on the day after the ten-day period set forth in paragraph one of N.J.S.A. 46:10b-51 with respect to notifying the Municipal Clerk that an action to foreclose on the property has been filed.