[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 8-4-1936 by Ord. No. 795 (Ch. 192 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 200.
Animals — See Ch. 217.
Barbershops — See Ch. 225.
Brush, grass and weeds — See Ch. 240, Art. I.
Uniform construction codes — See Ch. 272.
Fire prevention — See Ch. 344.
Food and beverage vending machines — See Ch. 356.
Food handlers' certificates — See Ch. 361.
Retail food-handling establishments — See Ch. 364.
Coin-operated laundries and dry-cleaning establishments — See Ch. 422.
Littering — See Ch. 433.
Milk and milk products — See Ch. 445.
Noise — See Ch. 460.
Multiple-dwelling and hotel standards — See Ch. 456.
Public health nuisances — See Ch. 465.
Peddling and soliciting — See Ch. 510.
Property maintenance — See Ch. 520.
Sewers and sewage disposal — See Ch. 585.
Smoking — See Ch. 605.
Snow and ice removal — See Ch. 610.
Solid waste and recycling — See Ch. 614.
Cleanliness of streets and sidewalks — See Ch. 626, Art. IV.
Water regulations and rates — See Ch. 685, Art. I.
Weed control — See Ch. 690.
As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT
The Department of Health of the Township of Nutley or its official representative, except where otherwise specified.
GARBAGE
Includes all decayed organic matter.
PERSON
Means both plural and singular, as the case may demand, and includes corporations, firms, societies and associations as well as individuals.
RUBBISH
Includes all waste or refuse organic matter.
STREET
Any of the public streets, highways, parks or other public places of the Township.
Whatever is dangerous to human health and whatever renders the ground, the water, the air or food a hazard or any injury to human health is hereby declared to be a nuisance.
[1]
Editor's Note: See also Ch. 465, Nuisances, Public Health.
No person shall throw, place, deposit or allow to collect on or flow over any sidewalk, street, road, alley or place any slops, dirty water or filth of any kind; and no person shall throw, place or deposit on any street, road, alley or place any dead animal, fish or any part of the same, or any putrid meat, compost or any foul or offensive substance whatever.
[1]
Editor's Note: See also Ch. 626, Streets and Sidewalks, Art. IV, Cleanliness of Streets, Alleys and Premises.
No person shall throw, cast, place, deposit or allow to flow into any river, stream, brook, reservoir, cistern or well, the water of which is used for drinking purposes, any dead animal or any part of the same, or any carrion, putrid meat, manure, compost, slops or any offensive substance whatever, or any substance or thing that will in any way pollute or render hurtful or unhealthy the water of said river, stream, brook, reservoir, cistern or well.
No person shall maintain or permit to be maintained any sunken land or marshland with stagnant water therein or thereon, or any pool, pond, stream, ditch or other body of water, or any cistern, privy vault, cesspool, rain barrel or other receptacle containing water, in which mosquito larvae exist; and all sunken land or marshland or lots below grade shall be so drained or otherwise cared for as not to be or become a nuisance.
A. 
Any owner, agent, tenant, lessee or occupant of any lot, ground, building, house or stable in this Township, on notice from the Health Officer, shall forthwith remove from said lot, ground, building, house or stable any rubbish, garbage, offal or any offensive matter or thing (or any weeds or growing vegetation liable to become the breeding grounds for mosquitoes or the hiding place for nuisances, or any poisonous plants); and any person, on notice from the Health Officer, shall abate any nuisance existing on any premises of which he may be the lessee, owner, agent, tenant or occupant.
B. 
If any person shall refuse to remove any foul or obnoxious or hurtful matter or thing, or if any person shall refuse or neglect to abate any nuisance, then the Health Officer may proceed to remove said nuisance, source of foulness or cause of sickness, and to recover, by action of debt against such persons, the expense incurred by the Board of Health for such removal.
[Amended 5-15-1979 by Ord. No. 1973]
All spitting on the sidewalks of the public streets or public places of the Township or on the floors of public buildings and in public conveyances is hereby declared a public nuisance and a source of danger to public health and is hereby prohibited, and all officers and employees in charge or control thereof shall keep posted permanently in such buildings or conveyances a sufficient number of notices forbidding spitting upon the floors thereof.
No owner, agent, lessee, tenant or other occupant or person in charge of any vacant land in this Township shall pile, deposit and/or maintain or permit to be piled, deposited and/or maintained thereon any lumber, bricks, stones or other building material except after the filing and approval by the Building Department of plans and specifications for the erection and construction of a building on the said vacant land; provided, however, that the provisions of this section shall not apply to any land which forms a part of a regularly established brickyard, lumberyard or other business dealing in building materials.
Every dwelling and every factory building and every part thereof and the yard, court, passage and area or alley connected with the same shall be kept clean and free from any accumulation of dirt, filth, garbage or other matter. The owner, agent, lessee or occupant of any dwelling or factory building or part thereof shall thoroughly cleanse all the rooms, passage, stairs, floors, windows, doors, walls, ceilings and drains thereof as often as shall be required by the Department of Health or its officers, and shall, when notified so to do, well and sufficiently whitewash or paint the walls and ceilings thereof.
No person shall paper the walls or ceiling of any room in any dwelling house, tenement, hotel, apartment building or any building used for dwelling purposes without first having scraped or thoroughly removed all the old paper from the walls or other parts of said building.
[Amended 5-15-1979 by Ord. No. 1973]
It shall be the duty of the owner of every structure used for dwelling or business purposes to keep the cellar free from accumulations of water. In case such accumulations occur, said owner shall immediately have such water pumped out and have the cause repaired or conditions altered so that further accumulations will be prevented.
All refrigerators or iceboxes maintained in any butcher shop or other mercantile shop in the Township of Nutley shall be open to inspection by this Department at any time when business is being carried on in said shop. No person shall allow any animal or vegetable matter which is foul or which is in a state of decay to remain within said refrigerator or icebox, nor shall the said refrigerator or icebox be allowed to become foul or malodorous.
No impure ice or ice cut within or outside the Township of Nutley from a polluted pond, lake or stream, and no ice manufactured from impure water, shall be used or sold within said Township. No such ice shall be brought into the Township for the purpose of use or sale.
No person or persons, partnership or corporation shall sell or deliver or deal in any ice for domestic or public use within the limits of the Township of Nutley without a permit first had and obtained from the Department of Health of the Township of Nutley. A separate permit shall be required for each office, store, station, depot or other place used for the distribution or sale of ice.
Before any such permit shall be granted, an application shall be made to the Department of Health by the party seeking such permit, which application shall be signed by such party or, if a corporation, by some authorized agent and shall give the usual post office address of said party, the name under which and the place or places where the ice business is to be conducted, the character of said business, whether wholesale or retail, the name of the party or parties from which the ice is secured and the places where such ice is cut or manufactured. Before such permit is granted, the applicant shall pay to said Department of Health a fee of $2. Every such permit, unless sooner forfeited or revoked, shall expire on the last day of April next succeeding the date of issue.
A. 
Upon request of the Department of Health, any person, persons, partnership or corporation to whom any such permit shall be granted shall at any time during the period thereof furnish any further information in writing which said Department may demand, of the nature required in the last preceding section. If such information is not furnished to said Department within five days after the request therefor, said permit shall be void, and thereafter no person or corporation shall be protected thereby in any manner whatsoever. Nothing herein shall prohibit the party whose permit is forfeited from making application for a new permit.
B. 
Any permit granted hereunder may be revoked by the Department of Health for the violation of any provision hereof or for other good cause shown and after an opportunity has been granted to the holder of such permit to be heard by the Director of said Department. During the pendency of such proceedings, said Department may, in its discretion, order the permit to be suspended and all transactions thereunder to be discontinued, under the penalties herein provided for sales of ice without a permit.
C. 
No wagon, cart or vehicle of any kind shall be used or run at any time by anyone for the sale or delivery of any ice in this Township unless there shall be displayed on each side thereof a tag or plate furnished by the Department of Health, showing that said vehicle is owned, controlled or used by a party to whom a permit has been granted in accordance with the provisions of this chapter. For each tag or plate so furnished, said Department shall collect a fee of $0.25 to cover the cost thereof. No one except a party to whom a permit has been issued shall use any such tag or plate on any vehicle whatsoever, and no person shall make or use an imitation or copy of such tag or plate. No such tag shall be used after the forfeiture, revocation or expiration of the permit, the existence of which is thereby indicated and intended to show.
A. 
No person or persons shall maintain or allow or keep upon his, her or their premises any box, can or other receptacles containing coal or wood, ashes, dirt, plaster or other household refuse not of an animal or vegetable nature, together or mixed with any decaying vegetables or animal substances, but such coal, wood, ashes, dirt, plaster and other household refuse shall be kept separate and apart from such decaying vegetable or animal substance or substances.
B. 
Every person shall place in a box, can or other receptacle, which may be conveniently handled and which shall have a proper covering for the opening thereof, all ashes and other household refuse upon his, her or their premises, in which box, can or other receptacle there shall be no decaying vegetable or animal substances.
C. 
The following restrictions and limitations shall be applicable:
[Added 2-2-1988 by Ord. No. 2218]
(1) 
All dwellings of 10 or more units shall be responsible for the disposal of all solid waste emanating therefrom. Said dwellings shall maintain two containers, one for solid waste and the second for the deposit of all recyclable materials. Recyclable materials shall be separated at the source.
(2) 
All residences and business establishments shall be restricted to a limit of five receptacles.
(3) 
All public and parochial schools shall be responsible for the disposal of their solid waste.
Every person shall place in a watertight box, can or other receptacle, which may be conveniently handled and which shall have a proper covering for the opening thereof, all decaying vegetable and animal substances upon his, her or their premises, in which box, can or other receptacle shall be placed no other household refuse.
Every person shall, upon the days appointed by the proper authorities for the collection of garbage, place every box, can or other receptacle on his premises containing vegetable or animal substances upon the sidewalk in front of his, her or their premises, as near the curb as the same can be conveniently placed, and, immediately after the same are emptied, remove the same from the sidewalk. Every person shall, upon the days appointed by the proper authorities for the collection of refuse other than garbage, place every box, can or other receptacle on his premises containing ashes or other household refuse not composed of animal or vegetable substances upon the sidewalk in front of his, her or their premises, as near the curb as the same can conveniently be placed, and, immediately after the same are emptied, remove the same from the sidewalk.
[Amended 10-6-1981 by Ord. No. 2060]
All newspapers shall be separated and disposed of in accordance with Chapter 614. All other paper shall be placed in bundles or suitable containers without mixture of other refuse, and ashes shall be placed in containers without mixture of other refuse, said containers to be of weight and size to be conveniently handled by one man.
No person, institution or corporation shall place or spill any ashes, garbage or refuse matter upon the streets of said Township or on any part thereof, except in the manner above provided.
In all buildings intended for the occupancy of three or more families, the owner or owners of said premises shall be responsible for the carrying into effect of the provisions of § 555-21 of this chapter, whether they personally occupy said premises or not, and shall be liable for all fines herein provided for violations hereof.
[1]
Editor's Note: See also Ch. 456, Multiple-Dwelling and Hotel Standards.
Any person whose duty it may be or who shall have undertaken to remove from any public highway, road, street, avenue, alley or other public place any decaying or vegetable substances lawfully placed thereon shall remove the same within 12 hours after the same have been so lawfully placed thereon.
All owners of property along the lines of any sewers constructed for the purpose of carrying off sewage matter in any of the streets of the Township of Nutley shall connect their houses and other buildings with the sewer in the street adjoining said property within 30 days after being notified by the Department of Health to make such connection, and within a reasonable time after the making of same, the owner shall cause the cesspool to be filled in with stones, dirt, ashes or cinders. Said notice shall be served by delivering the same to the owner of said property or by leaving the same at the residence of the owner with a member of the family above the age of 14 years and explaining the contents thereof, or, in the case of a nonresident owner, by serving the same upon the resident's agents, if any, and by mailing the same by registered letter to the owner's last known post office address.
[1]
Editor's Note: See also Ch. 585, Sewers and Sewage Disposal.
[Added 10-16-1973 by Ord. No. 1790]
A. 
No owner, merchant, operator, manager or other employee of any business establishment or owner of any property upon which a business establishment is located in the following business districts shall cause, suffer or allow the rubbish and/or garbage produced by such establishment to be placed out for collection prior to 6:00 a.m. on the morning of the regularly scheduled collection day for each establishment:
(1) 
Both sides of Franklin Avenue from and including the north side of High Street to the Belleville Town line.
(2) 
Chestnut Street from and including the west side of Franklin Avenue to and including the east side of Passaic Avenue.
(3) 
Both sides of Passaic Avenue from and including the south side of Chestnut Street to Nutley Avenue.
(4) 
Both sides of Centre Street from and including the west side of Franklin Avenue to and including the east side of Ravine Avenue.
(5) 
Both sides of Centre Street from Brookline Avenue to Passaic Avenue.
(6) 
The north side of Centre Street from Union Avenue to Myrtle Avenue.
B. 
When said rubbish and/or garbage is placed out for collection, it shall be placed as near to the curb as is possible and in such a manner as to ensure that none of it will be blown about by the elements. All matter such as meat, fowl, fish, vegetables or other organic matter shall be wrapped and placed into serviceable, watertight metal or plastic receptacles equipped with tight-fitting lids to secure such matter against invasion by flies, vermin, rodents and other animals. Empty paper and cardboard boxes shall be flattened and securely tied, as shall all other paper and cardboard material. All multiuse rubbish and garbage receptacles shall be taken in from the curb immediately after collection of their contents.
[Amended 5-15-1979 by Ord. No. 1973]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both.