A code defining and prohibiting certain matters, things, conditions
or acts, and each of them, as a nuisance; prohibiting certain noises
or sounds; requiring the proper heating of apartments; prohibiting
lease or rental of certain buildings; prohibiting spitting in or upon
public buildings, conveyances or sidewalks; authorizing the inspection
of premises by an enforcing official; providing for the removal or
abatement of certain nuisances and recovery of expenses incurred by
the Board of Health in removing or abating such nuisances; and prescribing
penalties for violations, is hereby established pursuant to Chapter
188, Laws of 1950. A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.
The said code established and adopted by this ordinance 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) have been placed on file in the office of the Secretary
of this local Board of Health upon the introduction of this ordinance
and will remain on file there for the use and examination of the public.
Any person who violates or neglects to comply with any provision
of this ordinance or code established herein or notice issued pursuant
thereto shall, upon conviction thereof, be liable to a penalty of
not more than $500 for each violation, or imprisonment in the county
jail for a term not exceeding 90 days, or both.
All ordinances, codes or parts of same inconsistent with any
of the provisions of this ordinance and the code established hereunder
are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this ordinance
or code shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This ordinance and the code herein established shall take effect
30 days after first publication.
ENFORCING OFFICIAL - Includes the Health Officer or other official
authorized by the Board of Health to enforce this code and chapter.
PERSON
Includes an individual, firm, corporation, association, society,
partnership, and their agents or employees.
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.
It shall be unlawful for any person to make, cause, or suffer
or permit to be made or caused upon any premises owned, 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.
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 Health or a private supply approved by the enforcing official;
or
C. Does not have plumbing fixtures consisting of a kitchen sink, bathtub
or shower, lavatory and flush toilet connected to the potable water
supply; or
D. Does not have facilities for the discharge of all household liquid
wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system approved by the enforcing
official.
It shall be unlawful for any person to spit upon any public
sidewalk or upon any part of the interior or exterior of any public
building or public conveyance.
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 §
398-9 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.
The provisions of this code shall be enforced by the Board of
Health or its enforcing official.