[HISTORY: Adopted by the Board of Health
of the Borough of River Edge 12-31-1975 as Ch. BH-VI of the 1975 Code; amended in its entirety 12-20-2010 by Ord. No.
1718. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Whatever is dangerous to human health, or whatever renders
the ground, the water, the air or food a hazard or injury to human
health, is hereby considered a nuisance.
It shall be unlawful for any person or persons to commit, maintain
or allow to exist any nuisance, as declared and described hereinafter.
The following matters, things, conditions or acts and each of them
are hereby declared to be nuisances and injurious to the health of
persons in this Borough:
A.
Any matter, thing, condition, or act which is or may become a detriment
or menace to the health of persons in this Borough.
B.
Any matter, thing, condition, or act which is or may become, annoy
or interfere with the comfort or general well-being of persons in
this Borough.
C.
Pollution, or the existence of a condition or conditions which cause
or threaten pollution of any waters in this Borough in such a manner
as to cause or threaten injury to any persons or beasts in this municipality
with regard to their health, comfort or property. Waters shall include
but not be limited to wells, streams, springs, reservoirs, bathing
and swimming pools.
D.
Permitting a growth of or failing to remove brush, weeds or other
vegetation, contact with which or the pollen from which will cause
discomfort or injury to health.
E.
The existence or presence of any pool or container of water or other
liquid in which mosquito larvae can breed or exist.
F.
The existence or presence of any accumulated garbage, refuse, manure
or animal or vegetable matter and/or the deposit, accumulation or
maintenance of 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.
G.
Maintaining any premises which is infested with rats, mice or other
rodents. 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, buildings or any
other place.
H.
Depositing, maintaining or permitting to exist any foul, decaying,
malodorous or offensive matter in or upon any lot, yard, street, house,
building, premises or place, whether public or private.
I.
Throwing upon or allowing to flow from any premises, upon any street,
public place, open lots or public or private property, or allowing
to collect upon the surface of any premises, any waste, water, dirty
water, slops, stable drainings, overflow from any cesspool or privy
vault, or any offensive matter whatever.
J.
Allowing to exist any unclean or unsanitary conditions in any cellar,
room or building or any imperfect plumbing or sewer appliances or
connections from which any foul or noxious odors or liquids may escape.
K.
Taking or allowing any dog, cat or other animal to enter any area
of a store where food is offered for sale, sold or stored, except
that any Seeing Eye dog is exempt from the prohibition. Exception
to this must be specifically approved by the Board.
L.
Burying or causing to be buried any dead animal under any property,
private or public, in the Borough.
M.
Expectorating upon a public sidewalk or upon any part of the interior
or exterior of any public building or public conveyance.
N.
Maintaining stationary lights other than public street lighting which
have light output of such magnitude and/or direction as to cause discomfort
or injury to health.
O.
Feeding of waterfowl.
P.
The keeping of any dwelling house or other building in which there
is or has been any pollutions or communicable disease without thorough
airing, cleaning and disinfection is hereby declared to be a nuisance.
Q.
Presence of poison ivy, ragweed or sumac in or on any land or premises
is specifically declared to be a nuisance.
Where noises, noxious odors, gas or vapor or cause of ill health
or disease shall be found on private property, the Board shall cause
notice thereof to be given the owner or owners to remove or abate
the same at their own expense within such time as the Board shall
deem proper. A duplicate of the notice so given shall be left with
one or more of the tenants or occupants of the premises. If the owner
resides out of state or cannot be reached with notice speedily, notice
left at the house or placed on the premises shall be deemed sufficient,
and if the owner or owners thus notified shall not comply with such
notification or order of the Board of Health within the time specified,
the Board may proceed to abate such nuisance and remove the cause
of such foul and noxious odors, gas or vapor or other conditions detrimental
to the public health, and such Board shall have the right to recover,
by action for debt, for the expense incurred by said Board in the
abatement or removal, from any person or persons who shall have caused
or allowed such nuisance, source of foulness or cause of sickness
hazardous to the public health, and from any owner, tenant or occupant
of the premises who after such notice as aforesaid shall have failed
to remove such nuisance within the time specified in the notice, and,
in case the Board of Health shall fail to recover such expense or
it shall be deemed inexpedient to bring such suit, they may present
the bill, certified by the Board or a majority thereof, to the local
municipal authorities, and such bill shall be audited and paid by
the Borough Council or other local municipal government, in and for
which the Board is organized, in the same manner as the bills for
ordinary current expenses for such municipality are paid.
A.
Maximum penalty. Any person violating any of the provisions of any
chapter adopted by the Board of Health or the Borough shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than
$500; for each offense. Complaint shall be made in the Municipal Court
of the Borough or before another judicial officer having authority
under the laws of the State of New Jersey. The Court shall have the
power to impose the other and additional penalties provided by N.J.S.A.
26:3-77 and 26:3-78.
B.
Separate violation. Except as otherwise provided, each and every
day in which a violation of any of the provisions of any chapter adopted
by the Board of Health exists shall constitute a separate violation.
C.
Collection of fees and penalties. All fees and penalties collected
under any provision of any chapter adopted by the Board of Health
shall be paid to the Chief Financial Officer.
