[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells 10-3-1956 by Ord. No. 295 (Ch. 8.04 of the 1992
Code). Amendments noted where applicable.]
The following provisions shall constitute the
Sanitary Code of the Borough.
For the purposes of this chapter, the following
terms shall have the following meanings, unless a different meaning
is clearly indicated by the context:
The Board of Health of the Borough.
The Sanitary Code of the Borough.
The duly appointed Deputy Registrar of Vital Statistics of
the Borough.
The person duly appointed Health Officer of the Board of
Health of the Borough.
Any building.
A subsurface sewage disposal system designed and constructed
to treat sewage in a manner that will retain most of the settleable
solids in a watertight tank and to discharge the liquid portion to
an adequate disposal area.
The duly appointed Inspector or the duly appointed Deputy
Inspector.
Any individual, copartnership, association, corporation,
firm or joint-stock company.
The duly appointed Registrar of Vital Statistics of the Borough.
The New Jersey State Department of Health.
A.
The Board shall appoint a Registrar of Vital Statistics,
whose term of office shall be three years and until his successor
has been appointed and qualified. If the Registrar appointed by the
Board and approved by the State Department is the Clerk of the Board,
his term of office shall be concurrent with his term of office as
Clerk, and he shall be subject to all the rules and regulations promulgated
by the State Registrar of Vital Statistics.
B.
The Registrar shall immediately upon his acceptance
of his appointment and its approval by the State Department appoint
a deputy whose duty it shall be to act in his stead in case of his
absence or disability.
C.
The Registrar and the Deputy Registrar shall receive
such compensation for their services as is fixed by resolution of
the Board.
D.
It shall be the duty of the Registrar, in addition
to other duties imposed upon him by the Board, to receive and transmit
to the Director of Health of the State of New Jersey certificates
of births, marriages and deaths now required by law to be made. In
the case of any decedent who is a resident of some other state or
municipality than that in which the death occurred, the Registrar
shall transmit forthwith a copy of the death certificate to the Registrar
of the place of usual abode of such person; the birth of any child
of nonresident parents shall in like manner be reported to the Registrar
of the state or municipality of the place of usual abode of the parents
of the child.
E.
The Registrar shall, in addition to transmitting to
the Director of Health all certificates of marriages, births and deaths
received by him, report the same to the local Board at least once
in each month.
F.
The returns of all marriages, births and deaths required
by law, or by any ordinance, resolution or code of the Board, by any
person so required, shall be made to the Registrar within the time
specified by law.
A.
The Board shall appoint a Health Officer, to serve
during the pleasure of the Board and until his successor is appointed,
and he shall, during the term of his appointment and subject to the
authority of the Board, be its general agent for the enforcement of
its ordinances and codes and the sanitary laws of the state within
the Borough.
B.
The compensation of the Health Officer shall be fixed
by the Board by resolution.
No person shall commit, maintain or allow any
of the following, which are declared to be a nuisance:
A.
Any condition or act which is or may become detrimental
or a nuisance to the inhabitants of the Borough.
B.
Any condition or act which is or may become an annoyance
or interfere with the comfort or general well-being of the inhabitants
of the Borough.
C.
The discharge of any excremental matter over or onto
the surface of the ground from a privy, privy vault, individual sewage
disposal system or any other source.
D.
Pollution or existence of a condition or conditions
which cause or threaten pollution of any waters in the Borough in
such a manner as to cause or threaten injury to any of the inhabitants
of the Borough, their health, comfort or property.
E.
The escape into the open air from any stack, vent,
chimney or other opening or from any fire in the open of such quantity
of smoke, fly ash, dust, fumes, vapors, mist or gases which cause
or may cause injury, detriment, or annoyance to the inhabitants of
the Borough or endanger their health or safety.
F.
The maintenance or existence of any pool, pond, ditch,
stream or other body of water, or any receptacle containing water
or other liquid in which mosquito larvae may breed or exist.
G.
The maintenance of or any accumulation of garbage,
refuse or decomposable animal or vegetable matter which may attract
flies and to which flies have access or in which fly larvae or pupae
may breed or exist.
H.
Depositing, maintaining any structure or accumulation
of material or maintaining any animal, vegetable or other material
which serves or may serve as food for insects or rodents and to which
they may have access or which may serve or constitute a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place.
No person shall permit any human excrement,
or material containing human excrement, to be and remain on the surface
of the ground, nor deposit, or otherwise dispose of, any such excrement
or material or store the same in any manner or place where it can
gain access to any stream, well, lake, pond, spring, or other source
of water which is, or may be used as, a source of public potable water
supply; provided, however, that this regulation shall not apply to
effluents from sewage disposal plants which have been, or hereafter
may be, approved by the State Department.
A.
No person shall maintain any supply of water used
for drinking or household purposes which is polluted, contaminated
or impure or is derived from a source which may become polluted, contaminated
or impure.
B.
No private water supply system shall hereafter be
placed in service until the Board has certified that it is in compliance
with the provisions of N.J.S.A. 58:11-23 et seq., as the same may
now or hereafter be amended or supplemented, and the standards for
construction of such water supply promulgated by the State Department
of Health.
A.
No person shall maintain or permit to be maintained
any building or room in such a condition of uncleanliness, or such
a crowded condition, as to endanger the health of the occupants thereof.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for such location, construction,
or alteration has been issued by the Board. Such permit shall not
be issued until a properly executed application has been submitted
indicating that the proposed individual sewage disposal system will
be in compliance with the provisions of N.J.S.A. 58:11-23 et seq.,
as the same may now or hereafter be amended or supplemented, and the
standards of construction of such sewerage facilities promulgated
by the State Department of Health.
B.
The provisions of this Code shall not be applied to
individual sewage disposal systems in existence at the time of its
adoption. However, any replacement, repair, extension or alteration
of any portions of any unit or units of such system shall be made
in accordance with the applicable provisions of the aforesaid standard
for construction promulgated by the State Department of Health under
the provisions of N.J.S.A. 58:11-23 et seq., as the same may now or
hereafter be amended or supplemented.
C.
Individual sewerage disposal systems shall not be
placed in service until the Board or its authorized agent has certified
that the disposal system has been constructed in compliance with the
provisions of N.J.S.A. 58:11-23 et seq., as the same may now or hereafter
be amended or supplemented, and the standards for construction of
such sewage facilities promulgated by the State Department of Health.
The Borough Clerk or other designated official of the Borough who
is responsible for the issuance of occupancy permits shall be furnished
with the original certificate if the individual sewage disposal system
will serve a new building and a copy of the certificate if it relates
to an addition or alteration to an existing sewage disposal facility.
Any existing individual sewage disposal system
found upon inspection by an inspector to be defective or inadequate
shall, upon written notice from the inspector to the owner, be corrected
to comply with the provisions of this Code within the time specified
in the notice.
Septic tanks shall be emptied by the occupant
or owner of the premises served by such tank when, in the judgment
of the Board, such emptying becomes necessary in the interests of
the health of the community. Upon failure to empty a septic tank within
the time specified in a written notice from the Board, the Board shall
cause the work to be done, and the cost shall be charged to the property
upon which such septic tank is located.
Temporary privy vaults may be constructed for
use during any new construction. The hole in the ground must be at
least three feet deep and the contents covered with chlorinated lime
and earth at least twice each week. The vault must be maintained in
a manner and condition satisfactory to the Board and in such fashion
that flies cannot gain access to the excremental matter. The contents
of the vault shall be completely covered with chlorinated lime and
the hole filled with earth to grade immediately upon completion of
the construction during the course of which the temporary vault was
used.
All owners of improved property along the line
of the sanitary sewage system of the Borough or to which the sanitary
sewage system of the Borough is available shall connect to such sanitary
sewer all houses on the property used for human habitation.
A.
No garbage, ashes, refuse or other matter or material
which is or may become offensive or inimical to health may be conveyed
through the streets of Essex Fells by any person who has not first
obtained a license from the Board for that purpose.
B.
All persons required to obtain a license shall make
written application to the Board stating the nature of the business
they intend to conduct, the number and kind of vehicles to be used
in such business, and the disposition to be made of the material they
may remove, collect or convey. They shall give such other information
as the Board may from time to time require. In case application is
approved the Board shall, at a regular meeting, issue a license for
one year upon receipt of a license fee of $3 for the current year.
Such license may be revoked at any time by the Board if, in its judgment,
the licensee has violated any provisions of this section or any rule,
regulation or order of the Board relating to the licensee's conduct
of his business.
C.
All vehicles or receptacles used under any license
from the Board shall be so constructed, equipped, operated and controlled
as to prevent the spilling, falling or other dispersal of the materials
transported upon or in the streets and highways of the Borough or
the private properties abutting thereon. All vehicles or receptacles
used under any license from the Board shall be kept clean and inoffensive.
D.
None of the materials collected, conveyed or handled
under a license provided for in this section shall be disposed of
within the Borough.
All garbage, refuse, ashes, or other similar
material which accumulates anywhere in the Borough shall be kept or
stored in watertight iron or steel receptacles with tightly fitting
covers.
[Amended 12-20-1994 by Ord. No. 94-635]
No person shall keep chickens, ducks, goats
or any similar animal of a barnyard variety or swine, cattle, horses
or any other such large animal within the Borough.
[Amended 12-5-1956 by Ord. No. 296]
A.
The control of communicable diseases in Essex Fells
shall be conducted as specified in Chapter II of the Sanitary Code
of the Department of Health of the State of New Jersey enacted June
22, 1953, as the same may now or hereafter be amended or supplemented.
In addition, in any case of chicken pox, German measles or mumps,
the following isolation periods shall be imposed:
|
Disease
|
Isolation of Patients
| |
|---|---|---|
|
Chicken pox
|
Until 7 days after the appearance of rash
| |
|
German measles
|
Until 5 days after the appearance of rash
| |
|
Mumps
|
Until 7 days after onset and all swelling of
the salivary glands has subsided
|
B.
Quarantine of contacts shall be at the direction of
the Board or its representative.
Whenever a person infected with active tuberculosis
moves out of a dwelling, the attendant or active head of the family
shall so notify the Board within 24 hours.
A.
The sale or exposure for sale of any article of food
that in the judgment of the Board is detrimental to the health of
the citizens of the Borough is prohibited.
B.
No person shall manufacture, sell or offer for sale
any food or drink for human use which has been exposed to any communicable
disease; which is unfit, unwholesome, impure, decayed, diseased or
mislabeled or adulterated, according to the meaning of the laws of
the state or of the United States of America; or which contains or
has been exposed to any injurious contamination.
It is the duty of all persons owning or having
an interest in or having in their possession or under their control
or having knowledge of any dog, cat or other animal affected with
rabies, or suspected of being affected with rabies, forthwith to notify
the person designated by the Board to receive such reports by telephone,
telegraph or in person, and also in writing, signed by the person
making the same, stating where the animal may be found and, if possible,
a description of the animal, the location of the animal, and the name
and address of the owner.
[Amended 11-17-1992 by Ord. No. 92-602]
A.
No person, firm or corporation in the Borough shall
own, possess, harbor, feed or have in custody any dog or cat over
four months of age unless such dog or cat has been vaccinated against
rabies by a licensed veterinarian with a vaccine approved by the New
Jersey State Department of Health. Such vaccination shall be repeated
as specified by the guidelines or directives issued by the New Jersey
State Department of Health to maintain a continuous current duration
of immunity.
B.
The person, firm or corporation owning, harboring,
feeding or having custody of said dog or cat shall obtain from the
veterinarian who vaccinated the dog or cat against rabies a certificate
of rabies vaccination for each individual dog or cat. The person,
firm or corporation shall maintain in its possession such certificate
of rabies vaccination and shall produce such certificate of rabies
vaccination upon the request of the Health Officer or a member of
the Police Department of the Borough of Essex Fells. A person, firm
or corporation shall produce to the Borough Clerk or his agent such
certificate of rabies vaccination for inspection prior to the annual
licensing of dogs who are six months of age or older.
A.
Every animal which shows symptoms of rabies shall
be securely confined until a diagnosis satisfactory to the Board is
made. Should it be demonstrated that the animal is suffering from
rabies, it shall be destroyed at once as directed by the Board, and
the head of the animal shall be sent to the State Department of Health.
B.
Any animal which has been bitten by an animal known
to be affected by rabies shall be securely confined for a period of
not less than six months from the date bitten or shall be destroyed
as directed by the Board. The body of any animal that has died of
rabies or that has been killed because it had rabies shall be disposed
of as may be directed by the Board. Any animal known to have bitten
another animal or a person shall be securely confined for a period
of not less than 10 days and observed for symptoms of rabies.
C.
The Borough or the Board or State Department of Health
shall not be liable for the value of any animal so destroyed.
D.
No person shall destroy, sell, move or otherwise dispose
of any animal under observation as provided in this section without
a permit from the Board.
Burial, disinterment or removal permits shall
be issued by the Registrar of Vital Statistics of the Borough in accordance
with the Revised Statutes of the state as the same may now or hereafter
be amended or supplemented, upon application and payment of the prescribed
fees.
[Amended 5-27-1969 by Ord. No. 380]
A.
For the purposes of this Code, "milk and milk products"
includes all products made from milk, either powdered, solid, liquid
or frozen.
B.
No milk or milk products shall be sold or offered
for sale or distributed in the Borough unless the seller has first
obtained a permit from the Board. This permit or permits shall be
displayed prominently on each vehicle delivering milk or milk products
in the Borough, and one permit shall be obtained for each vehicle.
The annual fee for each permit shall be $3 payable to the Board of
Health at the time of the issuance of the permit. All permits expire
December 31 and must be renewed for the succeeding year prior to that
date and the new permit displayed on the vehicle on January 1, next
succeeding year.
C.
No milk or milk products shall be sold or offered
for sale or distributed in the Borough unless they have been pasteurized.
D.
No milk or milk products shall be sold or offered
for sale or distributed in the Borough which do not meet the requirements
set forth in Chapter 7 of the New Jersey State Sanitary Code dated
June 22, 1953, as the same may now or hereafter be amended or supplemented.
E.
The Board shall have the right to purchase or otherwise
acquire samples of all milk or milk products offered for distribution
or sale in the Borough at such times as the Board sees fit and may
appoint members of the Police Department or authorize persons to carry
out this chapter.
A.
All swimming pools shall be properly equipped with
filtering or clarifying devices so that the water of such pools shall
be continuously and regularly filtered and clarified and kept at all
times in a sanitary condition for bathing purposes. The Board of Health
may from time to time adopt chemical and bacterial standards for such
pools and require methods of chlorination or disinfection.
B.
Samples of pool water taken for analyses shall be
collected at least twice monthly, at both ends of the pool during
periods of heavy bathing load.
C.
Not more than 10% of samples taken over a period of
31 days shall contain more than 1,000 bacteria per milliliter. No
single sample shall contain more than 5,000 bacteria per milliliter.
(Bacteria count on agar or litmus lactose agar 24 hours, 35° C.)
D.
Not more than two out of five samples collected on
the same day, not more than three out of 10 consecutive samples collected
on different dates, shall show a positive presumptive test for Bacillus
coli.
E.
When chlorine is made use of, the amount of available
or excess chlorine in the water at all times when the pool is in use
shall be not less than 0.4 parts per million.
F.
Reports of all analyses shall be forwarded to the
Board of Health.
G.
The above regulations apply to pools other than those
maintained by any individual upon any premises for his own or his
family's use, or guests of his household, but are recommended for
all pools.
Duly authenticated members, officials, employees,
or agents of the Board shall have the right to enter in and upon any
premises at any reasonable hour of the day to ascertain or determine
whether the provisions of this Code are being observed and for the
purpose of quarantine, isolation, inspection, and all other matters
pertinent to any of the provisions of this Code, or of other ordinances
or resolutions of the Board, and which of necessity require entrance
upon private property.
[1]
Editor's Note: Except for emergency situations
or where consent has been obtained, entrance upon residential property
and the nonpublic portions of commercial property must be pursuant
to a search warrant. See v. Seattle, 387 U.S. 541 (1967), and Camara
v. Municipal Court, 387 U.S. 523 (1967). Absent an emergency or warrant,
the property owner has the right to refuse entry and cannot be punished
for doing so.
