[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 8-21-1963 by Ord. No. 202. Amendments noted where applicable.]
No person, firm or corporation shall have, keep, offer for sale,
sell or give away in the City of Hoboken any paint containing more
than 1% of lead, determined as metallic lead-based on the total nonvolatile
content of the paint, unless it bears a warning statement similar
to the following said statement, to be prescribed by the Health Officer:
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"Warning — Contains Lead, Harmful if Eaten. Do not apply
on any interior surfaces of a dwelling, or a place used for the care
of children, or on window sills, toys, cribs or other
furniture."
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Such warning statements shall be placed in a conspicuous place
on the immediate container of such paint and shall be printed in letters
which are legible and in conspicuous contrast with other printing
appearing on the container.
Stocks of paints which contain more than 1% of lead and which
were manufactured prior to the enactment of this chapter can be made
to conform to the labeling requirements of this chapter by the application
of a separate warning label which shall be affixed directly upon the
existing label, within six months from the passage hereof. However,
no person, firm or corporation shall have, keep, offer for sale, sell
or give away paint containing more than 1% of lead after one year
from the passage hereof, unless the warning is an integral part of
the printed container label.
After one year from the enactment of this chapter, no label
on a container of paint having more than 1% of lead shall indicate
in any way that the product is suitable for use on interior surfaces
of dwellings.
The Health Officer is hereby authorized and empowered to make
and adopt such rules and regulations as he may deem proper and necessary
for the enforcement of this chapter for the better protection of the
health of the City.
After the effective date of this chapter, no person shall use
a paint containing more than 1% of metallic lead-based on the total
nonvolatile content of the paint, on the interior walls, ceiling or
window sills of any apartment or room in any dwelling. As used in
this section, dwelling means any building or structure or portion
thereof which is occupied in whole or in part as the home, residence
or sleeping place of one or more human beings.
When the Health Officer finds that there is a paint containing more than 1% of metallic lead-based on the nonvolatile content of the paint on the interior walls, ceilings or window sills of any dwelling, he may order the removal of the paint, under such safety conditions as he may specify, and the refinishing of the apartment, room or part of a room with a suitable finish which is not in violation of § 125-6 of this chapter.
[Amended 11-4-1987 by Ord. No. V-140]
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $1,000 for each offense or imprisonment for 90 days,
or both.
