[HISTORY: Adopted by the Board of Health of the Township
of Eastampton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-7-1976 by Ord. No. 1973-2 (Ch. 113 of the 1974
Township Code); readopted by reference by the Township Council 1-25-1983 by Ord. No.
1983-01; amended in its entirety 11-28-2011 by Ord. No. 2011-13]]
The purpose of this chapter is to protect and promote the public
health through the control, abatement and prevention of nuisances
which may present a public health concern. Alleged infractions of
the provisions and standards set forth herein will be investigated
by an appropriate enforcing official. Wherever there is a question
as to the significance of an alleged infraction or the factual existence
of an alleged infraction, the existence of a violation will be based
upon the prudent judgment of the enforcing official.
As used in this chapter, the following terms shall have the
meanings indicated:
To desert, ignore, and fail to maintain a property in a safe,
habitable condition.
The gathering together and increasing in amount over a period
of time.
The residue from the burning of wood, coal or other combustible
materials.
A potentially harmful object on or condition of the land
that by its features tends to lure children or others.
The County Board of Health.
As defined in the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1 et seq.
The New Jersey Uniform Construction Code, N.J.A.C. 5:23-1
et seq., or current governing code.
Any activity which is not a residential use or activity and
includes, but is not limited to, gasoline stations, retail sales,
professional activities, including, but not limited to, medical, dental,
legal, architectural, accounting, engineering and the like; personal
services, including real estate, insurance, barbershops, hairdressers,
nail salons, and the like; nurseries, landscaping businesses, farm
stands, repair shops of all kinds, and amusements, including, but
not limited to, movies, skating rinks, bowling alleys, and the like,
regardless of location, and any other nonresidential use or activity.
Any real property on which a commercial activity of any kind
is conducted.
A person engaged in any business or service, including construction,
repairing, refurbishing, remodeling or the demolition of buildings
or grounds within the Township.
Any real property upon which a structure has been erected
or other improvements have been made.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for the Maintenance of
Hotels and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations
Governing Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New
Jersey State Housing Code, N.J.A.C. 5:28-1 et seq., as may be the
case.
Includes the Burlington County Department of Health, registered
environmental health specialist, Animal Control Officer, Zoning Officer,
Construction Official, fire official, police or other official authorized
by the Township Council to enforce this chapter and including employees
and officials of the Township of Burlington providing enforcement
pursuant to a shared services or similar agreement between the Township
and the County of Burlington.
Any space located between property boundary lines of the
tax lot in question or the boundaries of any contiguous tax lots and
any structure on the property.
The control and elimination of insects, mice, rats and other
pests by removing or otherwise destroying their harborage places;
by removing or making inaccessible materials that serve as their food;
by poison spraying, fumigating, and trapping or by any other approved
pest-elimination methods.
The structure is maintained in such a manner that there is
no evidence of deterioration or damaged or loose elements and, where
appropriate, is capable of preventing the elements (rain, snow, wind)
and rodents from entering the interior areas.
Wastes presenting a danger to health and safety by reason
of their pathological, explosive, radiological or toxic characteristics.
The presence, within or contiguous to a structure or premises,
of insects, mice, rats, vermin or other pests in quantities large
enough to constitute a health threat.
Those insects that have public health significance for disease
transmission, property damage or which can present a nuisance.
Defined by statute, administrative regulations and as defined
in Township ordinances.[1]
Any type of commercial, industrial or similar activity, whether
or not operating for a profit, within the Township.
Any plant designated by a federal, state or county government
as injurious to public health, agriculture, recreation, wildlife or
property. A noxious weed may be native or nonnative, invasive or noninvasive,
and may also be commonly defined as a plant that grows out of place
and is competitive, persistent, and pernicious. Examples include but
are not limited to ragweed, poison ivy or oak, thistle, and multiflora
rose.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1 et seq.; New Jersey State
Housing Code, N.J.A.C. 5:28-1 et seq., as may be the case.
Defined as specified in the New Jersey Uniform Construction
Code, N.J.A.C. 5:23-1 et seq.; Regulations for Maintenance of Hotels
and Multiple Dwellings, N.J.A.C. 5:10-1 et seq.; Regulations Governing
Rooming and Boarding Houses, N.J.A.C. 5:27-1, et seq.; New Jersey
State Housing Code, N.J.A.C. 5:28-1 et seq.; New Jersey Uniform Fire
Code, N.J.A.C. 5:70 et seq., as may be the case.
Includes an individual, firm, corporation, association, society,
partnership, and their agents or employees.
A house or buildings, together with its land and outbuildings.
Any matters, conditions or things that cause worry, solicitude,
or anxiety for the health, safety and welfare of the public due to
their dangerous or unsanitary nature.
A room equipped with toilet facilities intended for public
use in all public facilities and in commercial establishments.
Any person occupying or maintaining a place of residence
within the Township.
A dwelling unit, such as a home, condominium, trailer or
a multifamily dwelling of two or more units.
Those rodents that have public health significance for disease
transmission and/or property damage.
Any trash, garbage, junk, rubbish, refuse, litter, debris
and other materials that when dumped, deposited, accumulated or abandoned
create, or have the potential of creating, a condition or conditions
which may threaten the public health. This term shall include any
animal or vegetable waste solids resulting from the handling, preparation,
cooking or consumption of foods; discarded materials, including, but
not limited to, glass, wood, yard debris, grass/brush clippings, stone,
concrete, plastic, ashes, cloth, rags, paper, metal, tires, street
cleanings, dead animals, manure, appliances, furniture, equipment,
automobiles, solid market wastes, construction materials, industrial
wastes, chemical wastes, recyclable materials and containers, and
all discarded appliances.
The Township of Eastampton, County of Burlington and State
of New Jersey.
Properly stored nonperishable materials intended for new
construction, or other items intended to be used within 30 days, which
are stored above ground and maintained in such a matter that they
do not provide a habitat for insects or rodents.
The runoff, discharge or drainage of water from any premises
or building which results in the accumulation of stagnant water other
than water retention areas and/or reservoirs approved by the Township
Engineer.
The growth, existence or presence of any noxious weeds of
any height or the growth, existence or presence of any other weeds
or plant growth in excess of 10 inches. Weeds shall be defined as
all grasses, annual plants and vegetation, other than trees or shrubs;
provided, however, this term shall not include cultivated flowers,
landscaped areas and gardens.
A.
Any of the following matters, which after investigation by an enforcing
official is deemed to be injurious, detrimental or a menace to the
public health or environment, or is deemed to be an annoyance, or
threatens to interfere with the comfort or well-being of the inhabitants
of the Township, is hereby declared to be a prohibited nuisance:
(1)
A condition or discharge, or release, which causes or threatens pollution
of any surface water or subsurface water of the Township.
(2)
The escape or entrance into open air/outdoor environment from any
stack, vent, chimney, process or from any fire of such quantities
and duration of smoke, fly ash, dust, fumes, vapors, mists, or gases
that tend to be injurious to human health or welfare, animal or plant
life or property, or would unreasonably interfere with the enjoyment
of life or property throughout the Township.
(3)
The growth, existence or presence of poison ivy in such quantity
so as to cause damage or injury to adjacent properties or to be a
public health concern. This shall not apply to any wooded public property.
(4)
The presence on any plot of land, highway, street, right-of-way or
any other public or private place of any solid waste. Composting shall
not fall within the meaning of this subsection if the compost pile,
mound or area is properly maintained on private property so as not
to present offensive odors, the breeding or harborage of flies or
other insects, rodents, vermin or any other public health nuisance.
(5)
The accumulation and maintenance by depositing, dumping or otherwise
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, rodents or pigeons, thereby
creating a public health nuisance.
(6)
The existence or presence of any water or other liquid in which mosquito
eggs, larvae or pupae exist or of any condition which allows water
to lie, pond, stand or otherwise accumulate so as to provide a breeding
environment for mosquitoes. This subsection shall not apply to fountains
or swimming pools, which maintain adequate circulation, or to natural
lakes, ponds, streams, and detention or retention basins.
(7)
The keeping of any animal or animals in such a manner as to cause
or present a source of foulness, odors or breeding of insects, rodents
or other vermin.
(8)
The existence or maintenance of any condition which may reasonably
constitute a safety hazard, an attractive nuisance or otherwise present
a threat to the safety and well-being of any person, such as:
(a)
Any vacant building which is not adequately secured so as to
preclude unlawful entry.
(b)
Any excavation, depression, hole, shaft, abandoned or unused
well, which is of such depth or dimension so as to present a hazard
to any person as a result of a lack of or inadequate fencing or sealing.
(c)
Any improperly secured discarded refrigerator, cabinet, automobile
or other piece of equipment or machinery which may present a hazardous
attraction to children or others.
(9)
The willful abandonment of any domestic animal within the boundaries
of the Township.
(10)
Accumulation and storage of solid waste for 14 or more days
on any private or commercial property without the approval of the
Director of Public Works.
(11)
Providing shelter and/or feeding feral cats or wildlife on any
public or private property.
(12)
Permitting sewage to flow onto any private or public property.
B.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance.
A.
All premises and property, both developed and undeveloped, shall
be subject to inspection by an enforcing official if that official
has reasonable cause to believe that there exists a violation of this
chapter.
B.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent an enforcing official, upon presentation of proper identification,
from gaining access to any property or premises upon which a violation
is suspected. In the event that entry to any property or premises
is denied by any owner or tenant, the enforcing official shall obtain
an appropriate warrant for entry through the Municipal Court.
A.
Notice of violation.
(1)
Whenever a nuisance is determined by an enforcing official to exist,
a notice of violation, when possible, shall be personally given to
the owner, in writing, to remove or abate the same within such time
as shall be specified therein, but no less than five days from the
date of service. Notice to the owner shall be deemed complete as of
the date it is served personally on the property owner. When personal
service is not possible, notice to the owner of the violation and
the time to abate shall be deemed complete three days after the date
of the violation notice, if served by regular first-class mail, or
posted at or on the subject premises.
(2)
If the owner resides out of state, and no other person has been designated
by the owner to accept service of notice, such notice shall be left
at the premises with the tenant or occupant or posted on the premises,
and mailed to the owner, and such action shall be considered proper
notification to owner, tenant and/or occupant. Notice to the owner,
tenant or occupant of the violation and the time to abate shall be
deemed complete as of the date of the violation notice, if served
personally on the tenant or occupant. Notice of the violation and
the time to abate shall be deemed complete three days after the date
on the violation notice, if served by regular first-class mail, or
posted at or on the subject premises.
B.
The cost of abatement shall be borne by the property owner.
C.
If any person fails to comply with such notice within the time specified
therein, the enforcing official may remove, abate or cause the cleanup
of the nuisance.
Whenever the owner, tenant or occupant has failed to comply
with the notice to abate the nuisance, and the nuisance has been abated
or removed under the direction of the enforcing official, any cost
or expense incurred for abating or removing the nuisance or condition
may be recovered by appropriate judicial action, or upon certification
of the actual costs, the Tax Collector may impose a lien against the
property. Regardless of how costs are actually recovered, they shall
be in addition to and shall not affect the imposition of any penalties.
The provisions of this chapter shall be enforced by the enforcing officials in the Municipal Court, and all proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S.A. 2A: 58-10 et seq.). Penalties may be imposed in accordance with the general penalty provisions set forth in Chapter 1, Article II, Penalties for Violations.
[Adopted 8-16-2021 by Ord. No. 2021-13]
The Township Council of the Township of Eastampton hereby finds
and determines that:
A.
The smoking of tobacco products is a major contributor to indoor
air pollution, and breathing in secondhand smoke is a cause of disease
to nonsmokers; and
B.
The United States Department of Environmental Protection (EPA) has
designated secondhand smoke as a Class A carcinogen, as well as a
significant cause of respiratory problems in children; and
C.
In 1986 the United States Surgeon General found that the active smoking
of tobacco products and the passive inhalation of environmental tobacco
smoke are the most prevalent causes of preventable death, disease,
and disability; and
D.
The United States Surgeon General found that separating smokers from
nonsmokers within the same air space does not eliminate the exposure
of nonsmokers to environmental tobacco smoke; and
E.
The New Jersey Legislature finds and declares that tobacco is the
leading cause of preventable disease and death in the State of New
Jersey and the nation and tobacco smoke constitutes a substantial
health hazard to the nonsmoking majority of the public; and
F.
The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire; and
G.
Smoking leads to the inevitable discarding of tobacco products and
a source of litter by those who fail to properly dispose of cigarettes;
and
H.
The State of New Jersey entered into litigation against various tobacco
product manufacturers and others for the purpose of improving the
public's health and adopting policies and programs to achieve
a significant reduction in smoking by its citizens, and in particular,
by youth, and, as part of a settlement, the State of New Jersey received
significant funding for the advancement of public health, including
the implementation of important tobacco-related public health measures
and restrictions; and
I.
In 2006, the New Jersey State Legislature enacted the New Jersey
Smoke Free Air Act, N.J.S.A. 26:3D-56 et seq., creating an outright
ban on smoking in virtually all public indoor facilities and extending
such ban to the grounds of any public or nonpublic elementary or secondary
school, regardless of whether the area is an indoor or outdoor public
place; and
K.
The Legislature has deemed the control of smoking tobacco and/or
use of cannabis products in any form to be a necessary and proper
exercise of municipal authority pursuant to N.J.S.A. 40:48-1 et seq.,
40:48-2 et seq., and N.J.S.A. 2C:33-13 for the preservation of public
health, safety, and welfare of the community.
As used in this article only, the following words and terms
shall be defined as set forth below. All other terms, words and phrases
not defined herein shall be given their customary meaning.
Any athletic fields, playgrounds, and other active and passive
recreation areas primarily of service to youth, owned, leased, operated
or under the ownership control of Eastampton Township, to which the
general public is invited and youth under the age of 18 may gather.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Any building, structure, facility or complex, including appurtenant
parking areas, owned, leased, operated or under the ownership control
of Eastampton Township, to which the general public is invited.
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
For purposes of this article, the burning of, inhaling, exhaling
and/or the inhaling and exhaling the smoke and/or vapor from or the
possession of a lighted cigar, cigarette, e-cigarette, pipe, battery
or electronic smoking device, or other paraphernalia that can be used
to consume tobacco, e-liquid, cannabis, marijuana products or a tobacco-like
substance. "Tobacco products" encompasses all smokeless tobacco, including,
but not limited to, chewing tobacco; loose-leaf tobacco; tobacco pellets;
plug tobacco; twist or rope tobacco; dipping tobacco and dissolvable
tobacco.
A.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
(1)
In every room, chamber, lobby, hallway, and other common areas in
and upon any public building.
(2)
In every park, as defined herein, whether or not children are present.
(3)
Any entrance or exit areas of any public buildings where smoke may
enter the air people breathe through such entrances, exits, windows
or ventilation systems.
(4)
Any vehicles owned and/or leased, in part or entirely, by the Township
of Eastampton.
(5)
Public areas of libraries, museums or the like which are funded or
partially funded by government agencies.
(6)
Any polling places within 100 feet of the public entrances to any
polling places during the time at which elections are being conducted.
B.
Smoking-optional areas. Notwithstanding the prohibitions contained
in the foregoing provisions, outdoor smoking areas may be designated
by the Township Council by resolution of same. Smoking areas, once
approved, shall bear signs specifically designating that they are
smoking areas. Smoking areas shall be clear of any public entrance
or exit areas of any public buildings where smoke may enter the air
people breathe through such entrances, exits, windows or ventilation
systems. The smoking of cannabis by any means described herein shall
not be permitted within the designated optional smoking area. Except
as approved by resolution, no smoking shall be permitted in any other
areas of any public buildings and parks.
"Smoking" or "No Smoking" signs, as appropriate, or the international
"No Smoking" symbol (a picture of a burning cigarette inside a red
circle with a red bar across it, and/or other indication of cannabis
use) shall be clearly and conspicuously posted by the owner, operator,
manager, employer, or such other person in control of every public
building where smoking is controlled by this article. The color of
such signs, when not of the international type, shall have letters
that are distinct, contrasting to the background and easily read.
The "No Smoking" signs shall be posted, at a minimum, on every area
which provides an entry to the public building. The sign shall list
the ordinance number and applicable fine. The "Smoking" signs shall
be posted only in those areas so designated by resolution of the governing
body as provided by this article.
The implementation and administration of regulations concerning
the Township's designation of the Township's smoking areas
shall be approved by resolution as necessary from time to time under
this article in accordance with the terms of this section. Prior to
implementing any such designations by resolution, the Township Council
shall consult with and obtain input from the designated Township staff
and advisory boards regarding the proposed designated smoking areas.
Notwithstanding anything to the contrary contained in this section,
any designated areas implemented hereunder shall not contradict the
specific terms of this article, nor may the penalties imposed under
this article be assessed for a violation of any regulation implemented
by the Township Council, unless such violated regulation was, prior
to the violation, adopted by an ordinance.
The provisions of this article shall be enforceable by a police
officer or employee of the Township of Eastampton, as well as by any
other individual. Any person seeking to enforce the provisions of
this article shall be authorized to file a complaint in the Municipal
Court of the Township of Eastampton.
A.
It shall be unlawful for any person to smoke in any area where smoking
tobacco or cannabis products, as defined herein, is prohibited under
this article.
B.
Unless a greater fine is permitted under N.J.S.A. 26:3D-56 et seq.,
for smoking in specific areas defined therein, in which case such
higher level of fine shall be utilized, any person who smokes any
tobacco or cannabis products as defined herein, in an area in which
smoking is prohibited, shall be guilty of a disorderly persons offense
and subject to a maximum fine of $200 for each violation pursuant
to N.J.S.A. 2C:33-13.
C.
Any person found guilty defacing, tampering with, or removing "No
Smoking" or "Smoking" signs, which are required by this article, shall
be guilty of a disorderly persons offense and subject to a maximum
fine of $200, plus the cost of replacing the sign.
D.
Any juvenile adjudicated to have violated the provisions of this
article shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this article.
No provision of this article shall be construed or interpreted
to allow smoking where it is otherwise restricted or prohibited by
other laws.
