Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Middletown 9-25-1957 (Ch. 286 of the 1996 Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 336.
Solid waste — See Ch. 415.
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCING OFFICIAL
Includes the Health Officer or other official authorized by the Construction Official to enforce this code and chapter.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
A. 
The following matters, things, conditions or acts and each of them are hereby declared to be a nuisance and injurious to the health of the inhabitants of this municipality:
(1) 
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of this municipality.
(2) 
Any matter, thing, condition or act which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of this municipality.
(3) 
Pollution or existence of a condition or conditions which cause or threaten pollution of any streams, wetlands or water bodies in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this municipality, either in their health, comfort or property. This shall include the dumping of any material into streams, wetlands or water bodies, or adjacent to streams, wetlands or water bodies. Material shall include but not be limited to garbage, solid waste, wood chips, leaves, grass, brush or any liquid substances that could have the potential to pollute or cause harm of any kind.
[Amended 4-3-2017 by Ord. No. 2017-3193]
(4) 
The escape into the open air from any stack, vent, chimney or any entrance to the open air or from any fire into the open air of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety.
(5) 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
(6) 
The growth, existence or presence of poison ivy within 20 feet of any property line.
(7) 
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies may have access or in which fly larvae or pupae breed or exist.
(8) 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
(9) 
Depositing, accumulating or maintaining 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 or rodents in or on any land, premises, building or other place.
(10) 
Feeding, causing to be fed, or providing food to Canadian geese on lands or waters publicly or privately owned in the Township. This shall not be construed to prohibit humane acts toward an individual Canadian goose, such as the temporary nurturing of an injured bird on one's own premises and/or authorized wildlife management activities.
[Added 8-3-1998 by Ord. No. 98-2522]
B. 
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
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;
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;
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.
A. 
All places and premises in this municipality shall be subject to inspection by the Construction Official if the official has reason to believe that any section of this chapter is being violated.
B. 
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Construction Official from having full access to any place or premises upon which a violation of this chapter is believed to exist.
A. 
Notice.
(1) 
Whenever a nuisance as declared by § 341-2 of this chapter is found on any plot of land, lot, right-of-way or any other private premises or place, notice, in writing, shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein, but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place.
(2) 
If the owner resides out of the state or cannot be notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
B. 
Whenever a nuisance as declared by § 341-2 of this chapter is found on any public property or on any highway or any other public premises or place, notice, in writing, shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Construction Official may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
C. 
If the owner, tenant or occupant, upon being notified as provided by this section, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Construction Official shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said official shall deem proper.
The Construction Official may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by § 341-2 of this chapter 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.
[Amended 12-4-2017 by Ord. No. 2017-3212]
The provisions of this chapter shall be enforced by the Enforcing Official.
[Amended 8-4-1997 by Ord. No. 97-2479; 2-6-2017 by Ord. No. 2017-3185]
Any person who violates or neglects to comply with any provision of this chapter or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to the penalties provided in § 1-4 of this Code for each violation.