[1980 Code § 117-1]
This chapter shall be known as the "Health Code of the Town of Morristown (1975)" and shall herein be referred to as the "code."
[1980 Code § 117-2; Ord. No. O-2-08; Ord. No. O-35-2014; Ord. No. O-13-2015]
As used in this chapter:
Any substance which will inhibit the growth and multiplication of microorganisms, without necessarily killing them.
The application of any method or substance for the destruction of pathogens and all other organisms, as far as practicable, which is effective and does not adversely affect the equipment or the food or drink or the health of the consumer.
Any house or other place where one or more children is received, cared for or kept, unattended by his parents or legal guardian, for the purpose of providing such child or children with food, lodging or care.
One who prepares food at one location and transports it to another location for consumption, or one who prepares food for special functions with facilities provided by those being served, with or without additional equipment of his own.
The lowermost portion of the building partly or totally underground, having 1/2 or more of its height measured from clear floor to ceiling below the average adjoining ground level. Where the natural contour of the ground level immediately adjacent to the building is interrupted by ditching, pits or trenching, then the average adjoining ground level shall be the nearest natural contour line parallel to the walls of the building without regard to the levels created by the ditching, pits or trenching.
Removal by scrubbing and washing, as with hot water, soap, detergent or by vacuuming infectious agents from surfaces.
The thorough removal of dust and other contaminating material in such a way as to prevent the entry thereof as far as may be possible into either rooms or dwellings; washing with soap and hot water; scouring, airing and exposure to sunlight.
Any systematic body of law, especially one given statutory force.
An illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal or other object to a susceptible host, either directly or indirectly.
The time during which an infectious agent may be transferred directly or indirectly from an infected person to another infected person.
To adjudge or pronounce to be unfit for use or service.
Person or animal in close proximity to an infected person so as to have an opportunity to be infected.
The definitions of dairy products as defined in N.J.S.A. 24:10-1 et seq. and in N.J.A.C. 8:21-10.1 et seq. are incorporated herein as if set forth at length.
Any chemical substance or agent which will destroy microorganisms.
The process of destroying the vitality of the disease-producing organisms by physical or chemical means.
The Division of Health of the Department of Human Services for the Town of Morristown.
A building or structure or part thereof containing one or more dwelling units or lodging units.
Any room or group of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking and eating.
Any raw, cooked, processed, edible substances, water, ice, beverage or ingredient used or intended for use for sale, in whole or in part, for human consumption.
Any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda shop, ice cream parlor, tavern, bar, night club, industrial cafeteria, bakery, public food market, meat market, dairy, non-profit caterers, food stands, liquor stores and supermarkets and grocery stores where food is prepared on or off- site for sale.
Putrescible animal and/or vegetable waste resulting from the handling, preparation, consumption or cooking of food.
Any substance which will kill microorganisms.
A room or enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
Physical, mental and social well being with the absence of disease.
Anything that is detrimental to health or is potentially injurious or dangerous to health.
The Health Officer for the Town of Morristown. A person who holds a license as a Health Officer from the New Jersey Department of Health and Senior Services.
The time from contact with an infectious agent to showing signs and symptoms.
The entry, development or multiplication of an infectious agent into the body of a human or an animal.
The placing apart of a person or persons affected with or exposed to a communicable disease for the purpose of preventing contact with other persons, and the establishment of restrictions directly surrounding such person or persons.
Hawking, soliciting or peddling ready-to-eat produce, meat, fish, poultry or any other edible substance from a vehicle, cart, truck or other conveyance on any public or private thoroughfare in the Town of Morristown.
The formal, written permission to perform certain acts or carry on a certain business embodied in the document granting such permission, issued by the Division of Health in accordance with its rules and regulations and the Sanitary Code.
Any place where for a fee a business is conducted which involves caring for and beautifying the human body by means of hand manipulation or instrumental devices, except such places where the individual performing such hand manipulations or operating such instruments, operating or supervising the operation of such devices is licensed by the State Board of Medical Examiners.
The secretion produced by the mammary glands of humans, cows and other mammals.
The New Jersey Department of Health and Senior Services.
Anything which is detrimental or hazardous to health or which is potentially detrimental or hazardous to health, as determined by the Division of Health.
Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties, as well as to one person, and to females as well as males, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.
Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
Any person who, by contract, agreement or ownership, conducts a restaurant, food-handling establishment or itinerant restaurant or operates a vending machine or apparatus, or who vends any food or food products within the Town.
Temporary permission, in writing, to cover the doing of a single act or series of acts and which may be revoked by the Division of Health for cause, at any time, although the act or acts for which the permit was granted have not been completed.
Any person or persons, firm, corporation, association, societies, firms, partnerships, joint-stock companies and political subdivisions, as well as individuals.
Those protective measures taken by a person to promote health and limit the spread of infectious disease.
And include all installed receptacles or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
Any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, raw seed sprouts, heat treated vegetables and vegetable products, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, or the slower growth of C. botulinum. The term does not include foods which have a pH level of 4.6 or below or a water activity (a [w]) value of 0.85 or less.
The placing of restrictions upon households or premises, or the persons thereof, for the purpose of preventing the spread of a communicable disease to other persons, households or premises.
And include but shall not be limited to garbage, ashes, street cleanings, abandoned vehicles or parts thereof, dead animals, paper, cardboard, glass, tin cans, yard trimmings, leaves, wood and dead tree limbs, bedding, furniture, excelsior and discarded clothing.
Two or more persons who live together in one dwelling unit or rooming unit and who maintain a common household and who are related by blood, marriage or adoption, except as hereinafter provided. For the purpose of this chapter, "related persons" includes only a husband and wife, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, nephew, niece, father, father-in-law, mother, mother- in-law, grandparent, grandchild, stepchild, adopted child and bona fide family servants living in and working full time on the premises. "Related persons" shall also mean foster children placed in homes by a duly authorized State agency or court of competent jurisdiction.
The process of notifying the Health Division of the occurrence of a communicable disease.
Restaurant, hotel, coffee shop, dining room, cafeteria, luncheonette, soda fountain, sandwich stand or any other place where food or drink is prepared, handled, stored, sold or served for consumption on the premises to the public, organization members or employees, with or without charge.
As applied to hazardous foods, below 45° F., or above 140° F.
Every delivery of food, whether the same is by direct sale or the solicitation or acceptance of an order for food, and including exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, serving with meals, delivering for value, peddling, possession with intent to sell, the gratuitous delivery or gift of any food by any licensee or person to whom a food certificate has been issued or by any other person.
That degree of cleanliness as the Division of Health may demand.
The process of rendering eating or drinking utensils free from disease, bacteria or other organisms indicative of unsanitary conditions.
The method of removing microorganisms from surfaces as approved by the NJDOHSS.
Edible species consisting of clams, mussels and oysters, either shucked or in a shell, either fresh or frozen.
A vessel of paper or plastic which may be used only one time.
The Sanitary Code enacted by the Department of Health of the State of New Jersey.
The destruction of all microbial life on or in an object.
And include outdoor and indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading. It shall not include artificially constructed outdoor ponds, rivers or lakes nor swimming or wading pools maintained by an individual for his own or his family's use or for the guests of his household.
A person, corporation or partnership operating a swimming pool for profit.
To mark or color the skin by pricking in coloring matter so as to form indelible marks or figures or by the production of scars.
Any room or space where tattooing is practiced or where the business of tattooing is conducted, or any part thereof.
Any person who controls, operates, conducts or manages any tattoo establishment, whether actually performing the work of tattooing or not.
Any place where a business is conducted which involves the placing of an indelible mark or figure upon the body by insertion of a pigment under the skin or by the production of scars.
The Town of Morristown, County of Morris, State of New Jersey.
And include electric, gas, heating, water and sewerage services and equipment therefor.
Rats, mice, roaches, bed bugs, fleas and other animals and insects of like nature.
[1980 Code § 117-3]
a.
Owners and operators. Owners and operators shall have all the duties and responsibilities as prescribed in this code and the regulations promulgated pursuant thereto, and no owner or operator shall be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the occupant or tenant is also responsible therefor and in violation thereof.
b.
Occupants or tenants. Tenants or occupants shall not be relieved from any such duty and responsibility nor be entitled to defend against any charge of violation thereof by reason of the fact that the owner or operator is also responsible therefor and in violation thereof.
c.
Contract not to alter responsibilities. Unless expressly provided to the contrary in this code, the respective obligations and responsibilities of the owner and operator on one hand and the occupant or tenant on the other shall not be altered or affected by an agreement or contract by and between any of the aforesaid or between them and other parties.
[1980 Code § 117-4]
All licenses and permits issued pursuant to any of the sections hereinafter repealed, and in force on the effective date hereof, shall continue in force until the respective expiration date specified herein: provided, however, that the holder of any such license or permit shall be subject to and comply with the requirements and the respective rules and regulations of this chapter.