[HISTORY: Adopted by the Board of Health of the Township of Dover (now Toms River) 7-15-1974 by Ord. No. 5-74 as Ch. 118, Art. II, of the 1973 Code. Amendments noted where applicable.]
Each and all of the following regulations relative to the construction, maintenance and emptying or cleaning, and the frequency of cleaning, of any outdoor privy or other place used for the reception or storage of human excrement, shall, after the effective date of this chapter, be enforced and in effect in this municipality:
No person shall use any outdoor place or premises as a privy for the reception or storage of human excrement unless the said privy shall be so constructed and maintained that any and all openings shall have tight and well-fitted window or windows and door or doors, which openings shall be completely screened in warm weather in such manner as to prevent flies from entering said privy.
The human excrement shall be emptied and cleaned from each outdoor privy at least once in each three-month period. At each of said periods of cleaning excrement from the privy:
The privy well shall be thoroughly fumigated, aired out, and the privy well thoroughly washed down with an effective detergent;
Each seat of privy shall be thoroughly washed and cleaned; and
The excrement removed from the privy shall be buried in, and covered with, clean earth to a depth of at least three feet below ground level.
No privy shall be kept, possessed, owned or maintained in an unclean, unsanitary or offensive condition.
No privy emitting an offensive odor to the discomfort of the owner or tenant of adjacent property, or to the general public, shall be permitted on any premises in this municipality,
The human excrement in such privy shall be treated with effective detergent by the owner or possessor of the privy or his representative, with sufficient frequency to prevent same from becoming offensive.
Such privy shall be maintained in such manner that the excremental matter therein shall at all times be prevented from flowing over upon the surface of the ground.
Such privy shall not be erected or maintained within 100 feet of a stream, the waters of which are used for drinking or domestic purposes.
Such privy shall be substantially and well constructed and kept in a good state of repair, to the end that it shall be watertight, shall not leak from rain or snow falling upon it, shall be maintained in such a manner that there shall be no foul or leaky vault or receptacle for excremental matter, and shall not be constructed in such a manner that or at any site where surface water or water from the adjacent earth may or can flow in the privy well containing excremental matter.
Nothing herein contained shall be construed to:
Effect a waiver of any present ordinance requiring and compelling any owner of property along the line of any municipal sewer line to connect his house or other building therewith;
Effect bathroom or toilet within a dwelling; or
Effect underground cesspools or septic tanks connected to toilet facilities in dwellings.
As used in this chapter, the following terms shall have the meanings indicated:
Any person convicted of any violation of any provision of § 561-1 hereof shall suffer a penalty of:
First offense, a fine of not less than $2 plus costs of court, to a fine of not more than $100 plus costs of court;
Second offense within the space of six months, the court may, in addition to the penalty prescribed by N.J.S.A. 26:3-70, as stated above, prescribe a penalty of imprisonment in the Ocean County Jail for any number of days, not exceeding one for each $1 of penalty.