Editor's Note: The general power to adopt health ordinances
is contained in N.J.S.A. 26:3-31. The penalties that may be provided
for a violation of health provisions are contained in N.J.S.A. 26:3-70,
71. The statutory power to adopt health codes by reference is contained
in N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations
contained in this chapter, the State Sanitary Code promulgated by
the State Public Health Council is by reason of N.J.S.A. 26:1A.9 enforceable
in every municipality in this State.
[1973 Code § 17-1.1]
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 Township in removing or abating such nuisances, and prescribing
penalties for violations is hereby established pursuant to Chapter
188, Laws of 1950. A copy of the code is annexed hereto and made a
part hereof without the inclusion of the text herein.
[1973 Code § 17-1.2]
The code established and adopted by this section is described
and commonly known as the Public Health Nuisance Code of New Jersey
(1953).
[1973 Code § 17-1.3]
Three (3) copies of the Public Health Nuisance Code of New Jersey
(1953) have been placed on file in the office of the Clerk for the
use and examination of the public.
[1973 Code § 17-2.1]
By virtue of the authority granted N.J.S.A. 26:3-69.1 to 69.6,
a Code is hereby adopted regulating retail food establishments and
fixing penalties for its violation. A copy of this Code is annexed
hereto and made a part hereof without inclusion of the text herein.
[1973 Code § 17-2.2; Ord. No. 19-1976]
The Code established and adopted by this section is commonly
known as the Retail Food Establishment Code of New Jersey (1972).
[1973 Code § 17-2.3; Ord. No. 19-1976]
Three (3) copies of the Retail Food Establishment Code of New
Jersey (1972) have been placed on file in the office of the Clerk
for the use and examination of the public.
[1973 Code § 17-2.4; Ord. No. 25-1980]
a.
No person shall operate a retail food handling establishment unless
a permit or approval of an existing certificate, permit or license
to operate same shall have been issued by the Health Officer. Such
permit or approval of an existing certificate, permit or license shall
be posted in a conspicuous place in such establishment.
[1973 Code § 17-2.5; Ord. No. 25-1980; Ord. No 5-1984; Ord. No. 19-1987; New]
a.
MOBILE RETAIL FOOD ESTABLISHMENTS
Definition.
means any movable restaurant, truck, van, trailer, cart,
bicycle, watercraft, or other movable unit including hand carried,
portable containers in or on which food or beverage is transported,
stored, or prepared for retail sale or given away at temporary locations.
b.
Permit Required for Mobile Food Handling Establishments. A person
conducting an itinerant retail food handling establishment shall secure
a permit, but if such person is the holder of a certificate, permit
or license issued by the Department of Health of another jurisdiction,
the certificate, permit or license may be approved by the Health Officer
and there shall be a fee of one hundred ($100.00) dollars charged
for such approval.
[1973 Code § 17-2.6; Ord. No. 2-1976; Ord. No. 25-1980; Ord. No. 19-1987; Ord.
No. 42-2005 § 2]
The fee for issuance or renewal of any licenses mentioned hereunder
shall be as follows:
a.
|
Up to 2,000 sq. ft.
|
$75.00
|
|
2,001—3,000 sq. ft.
|
$100.00
|
|
3,001—5,000 sq. ft.
|
$150.00
|
|
5,001—10,000 sq. ft.
|
$200.00
|
|
Over 10,000 sq. ft.
|
$300.00
|
|
Mobile Units
|
$125.00
|
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Pre-packaged goods only
|
$50.00
|
|
Temporary (maximum 7 days)
|
$50.00
|
b.
Plan Review Fee. Retail food establishment shall be charged a fee
for plan review. This fee shall be based on the square footage of
the entire establishment. The fee for any plan review mentioned hereunder,
shall be as follows:
|
Up to 2,000 sq. ft.
|
$75.00
|
|
2,001—3,000 sq. ft.
|
$100.00
|
|
3,001—5,000 sq. ft.
|
$150.00
|
|
5,001—10,000 sq. ft.
|
$200.00
|
|
Over 10,000 sq. ft.
|
$300.00
|
c.
Penalty for Late Licensing. A penalty of seventy-five ($75.00) dollars
shall be imposed after January 31st of any year for late licensing.
d.
Re-inspections; Charges. In the event that two (2) successive inspections
result in conditionally satisfactory rating, or one (1) unsatisfactory
rating, the licensee shall be subject to the amount of one hundred
($100.00) dollars for the first and each subsequent inspection.
[1973 Code § 17-2.7]
Permits issued or approved under the provisions of this section
shall expire annually on December 31 and application for renewal thereof
shall be submitted together with the required fee prior to December
1 of each year.
[1973 Code § 17-2.8]
A permit or approval of a certificate, permit or license, may
be suspended or revoked for a violation by the holder of any provision
of this section or code after an opportunity for hearing by the Health
Officer or his authorized representative.
[1973 Code § 17-2.9]
A permit or approval of a certificate, permit or license issued
by another Board of Health is not transferable.
[New]
a.
In the event that the Department of Health shall present a food handlers'
educational program during any year, attendance at such or a comparable
course, which has been approved by the Department of Health, by the
licensee, proprietor, manager, assistant manager or other person in
charge of a retail food establishment shall be required prior to the
renewal of any license.
b.
A reasonable registration fee per applicant or per person per establishment,
as determined by the Department of Health for attending such food
handlers' educational program shall be payable in advance for
such program to the Township of Aberdeen, upon notification by the
Department that such program will be conducted.
c.
At the option of the Department of Health and notwithstanding the
provisions of paragraph b. hereof, attendance at a food handlers'
educational program sponsored by the State of New Jersey or County
of Monmouth or the Monmouth County Health Officers' Association
may be required and in which event all attendees required to attend
shall be liable for and shall pay to such agency or unit conducting
such food handlers' educational program all reasonable fees as
may be established for the same upon notification by the Department
of Health.
[N.J.S.A. 8:24-10.7]
Any person who shall violate any provision of this chapter or
who shall refuse to comply with a lawful order or direction of the
Department or health authority, shall be liable to penalties as provided
by N.J.S.A. 26:1A-10 or an injunctive action as provided by law, or
both.
[1973 Code § 17-4]
A Code regulating the location, construction, use, maintenance,
and method of emptying or cleaning individual sewage disposal systems,
the issuance of permits to locate, construct, empty or clean such
systems, and fixing penalties for the violation thereof is hereby
adopted pursuant to N.J.S.A. 26:3-69.1 to 69.6. A copy of the Code
is annexed hereto and made a part of this section without inclusion
of the text herein.
The Code established and adopted by this section is described
and commonly known as N.J.A.C. Standards for Individual Subsurface
Disposal Systems (1990).
[1973 Code § 17-4.1]
Three (3) copies of N.J.A.C. Standards for Individual Subsurface
Disposal Systems (1990) have been placed on file in the office of
the Clerk for the use and examination of the public.
[1973 Code § 17-4.2]
No person shall locate, construct or alter any individual sewage
disposal system until a permit for the location, construction or alteration
of the sewage disposal system has been issued by the Health Officer.
New individual disposal systems shall not be placed in operation,
nor shall new dwellings or buildings or additions thereto be sold
or occupied, which must rely on such a system for sewage disposal,
until the Health Officer has issued a certificate indicating that
the disposal system has been located and constructed in compliance
with the terms of the permit issued and the requirements of the Code.
Issuance of such certificate shall not be required for alterations
to an existing individual sewage disposal system.
[1973 Code § 17-4.3]
If any permit or certification required by this section is denied
by the Health Officer, a hearing shall be held thereon before the
Health Officer within fifteen (15) days after request therefor is
made by the applicant and upon such hearing the Health Officer shall
affirm, alter or rescind his previous determination and take action
accordingly within fifteen (15) days after the date of such hearing.
[1973 Code § 17-4.4]
The Health Officer may order all further work in and about any
individual sewage disposal system, which is being erected or installed
in violation of the Code, to be stopped forthwith, except such work
as shall be necessary to remedy such violation, and, thereafter, the
work continued without any violation of any of the provisions of the
Code, and after issuance of any such order and the service of a copy
thereof upon any person connected with or working in and about the
erection or installation of any such disposal system, or any part
thereof, no further work shall be done thereon except as aforesaid.
[1973 Code § 17-4.5; Ord. No. 25-1980; Ord. No. 6-1990; Ord. No. 43-2005 § 2]
The following fees and charges are herewith established:
For the filing of an application and plans for a permit to locate
and construct an individual sewage disposal system, two hundred ($200.00)
dollars.
For the filing of a revised application and plans for a permit
to locate and construct an individual sewage disposal system (each
revision), fifty ($50.00) dollars.
For the filing of an application and plans for a permit to alter
an individual sewage disposal system, fifty ($50.00) dollars.
For the issuance of a permit to locate and construct or alter
an individual sewage disposal system, fifty ($50.00) dollars.
For each reinspection of an individual sewage disposal system,
or part thereof, caused by the failure of the licensee to locate and
construct or alter the same in accordance with the terms of the permit
issued or the terms of the aforesaid standards, one hundred ($100.00)
dollars.
For the witnessing of each percolation test for each individual
lot as required by the Health Department, one hundred fifty ($150.00)
dollars.
For the witnessing of each soil boring test for each individual
lot as required by the Health Department, one hundred fifty ($150.00)
dollars.
For the issuance or renewal of a permit to a person or corporation
engaged in the business of cleaning or emptying receptacles for the
reception and storage of human excrement or other putrescible matter,
for each vehicle or conveyance. No fee.
[New]
Any person or persons, firms or corporation who shall violate
any provision of this section shall, upon conviction thereof, pay
a penalty of not less than two hundred ($200.00) dollars, nor more
than fifty thousand ($50,000.00) dollars for each offense. Each day
shall be considered a separate violation.
[1973 Code § 17-5.1]
It shall be unlawful to keep or maintain more than three (3)
sheep, goats, pigs, hogs or swine for home consumption on an area
of less than five thousand (5,000) square feet without a permit therefor
issued by the Health Officer, the permit to be renewed annually. The
permit shall be revocable at the pleasure of the Health Officer.
[1973 Code § 17-5.2]
It shall be unlawful to keep or maintain four (4) or more sheep,
goats, pigs, hogs or swine for resale without a permit therefor issued
by the Health Officer, the permit to be renewed annually. The fee
therefor shall be the sum of five hundred ($500.00) dollars. The permit
shall be revocable at the pleasure of the Health Officer.
[1973 Code § 17-6; Ord. No. 18-1976; New]
A Code regulating and controlling the location and construction,
alteration and operation of swimming pools, the issuance of permits
to locate and construct, alter or operate swimming pools, and declaring
and defining certain swimming pools as nuisances and fixing penalties
for violations is hereby adopted, pursuant to N.J.S.A. 26:3-69.1 to
69.6. A copy of the Code is annexed hereto and made a part hereof
without inclusion of the text thereof herein.
The Code established and adopted by this section is described
and commonly known as the N.J.A.C. 8:26 of the State Sanitary Code,
Chapter IX, Public Recreational Bathing.
[1973 Code § 17-6.1; Ord. No. 18-1976; New]
Three copies of N.J.A.C. 8:26 of the State Sanitary Code, Chapter
IX, Public Recreational Bathing have been placed on file in the office
of the Clerk of this Township and will remain on file in the office
for the use and examination of the public.
[1973 Code § 17-62; New]
No person shall locate and construct, alter or operate a public
swimming pool as defined in N.J.A.C. 8:26 et seq. until permits therefor
shall have been issued by the Health Officer.
[1973 Code § 17-6.3]
Permits issued for the operation of a public swimming pool shall
expire annually on December 31 and application for renewal thereof
shall be submitted together with the required fee prior to January
1 of each year.
[1973 Code § 17-6.4]
Permits required by this section or Code may be denied or suspended
by the Health Officer for failure to comply with this section or Code.
The Health Officer shall afford the person whose permit to locate
and construct, alter or operate has been denied or suspended an opportunity
to be heard in public hearing; and following this to be informed of
his decision as hereafter provided.
[1973 Code § 17-6.5; Ord. No. 25-1980; Ord. No. 19-1987; Ord. No. 44-2005 §§ 2, 3]
The following fees and charges are herewith established:
The fee for the issuance or renewal of a permit to operate each
individual public swimming pool, hot tub or spa shall be one hundred
fifty ($150.00) dollars.
[1973 Code § 17-7.1]
It shall be unlawful to place, deposit or allow to remain in
or upon any public or private property any dead animal or part thereof,
any offal, garbage, manure (except in properly covered pits), overflow
from cesspool or privy vault, waste matter, dirty water, slops, stable
drainage, or any foul, offensive or noxious substance whatsoever.
Where manure is kept upon farm lands for use in farming the farm lands,
such manure thereon shall not be required to be kept in covered pits.
It shall be unlawful for any owner, agent or lessee to allow
any waste water or excremental matter which would be unhealthful or
obnoxious to collect or accumulate upon any public, semi-public or
private property.
It shall be unlawful to keep garbage except in watertight containers,
covered or tied, and of not over twenty (20) gallons capacity.
[1973 Code § 17-7.2]
It shall be unlawful for any owner, agent or lessee of any building,
or any part thereof, to lease or let or hire out the same or any portion
thereof to be occupied as a place of residence or business, except
when such buildings or such parts thereof are sufficiently lighted,
ventilated, provided and accommodated and are in all respects in that
condition of cleanliness and wholesomeness, for which this section
or any law of this State provides, or in which they, or either of
them, require any such premises to be kept, and unless suitable and
adequate toilet facilities are installed therein.
[Ord. No. 2-2003, Preamble;
New]
The Township Council of Aberdeen Township has general jurisdiction
under N.J.S.A. 26:3-64 to adopt health ordinances for the control
of disease and improvement of the health of its citizens, and the
New Jersey Administrative Code authorizes the regulation of establishments
that engage in the practice of tattooing, body piercing, ear piercing
and the application of permanent cosmetics.
There is a need for the regulation of these establishments because
of the potential danger for the spreading of communicable disease
through processes unless there are safeguards to ensure that said
processes are safe and under appropriate regulations.
[Ord. No. 2-2003 § 1]
It shall be unlawful for any person to engage in the business
of or operating an establishment where tattooing, body piercing, ear
piercing, or the application of permanent cosmetics is performed,
as defined and governed by Chapter VIII, New Jersey State Sanitary
Code (N.J.A.C. 8:27-1 et seq.) without first obtaining a license from
the Department of Health to engage in such business in accordance
with the provisions hereof, and without complying with any and all
of the provisions concerning operation and maintenance of the same
as contained in the aforementioned Chapter VIII of the State Sanitary
Code.
a.
An application for an initial license to conduct an establishment
where tattooing, body piercing, ear piercing or the application of
permanent cosmetics is performed shall be accompanied by a fee of
four hundred fifty ($450.00) dollars. The licenses issued aforesaid
shall be effective for the calendar year, expiring on the 31st day
of December of the year of issue, and shall be renewable for succeeding
calendar years thereafter. The fee for license renewals shall be two
hundred ($200.00) dollars due and payable on or before the first day
of February in the year of renewal. Establishments in operation at
the time of enactment of this section shall be required to procure
licensing within thirty (30) days of enactment.
b.
A fifty ($50.00) dollar late fee shall be charged on all license
fees that are not paid on or before February 1 of the license year.
An additional fifty ($50.00) dollars shall be charged for each thirty
(30) day period that the license fee is not paid after February 1
of the license year.
c.
Any license issued under the terms and provisions of this section
may be suspended or revoked, after public hearing, by the Department
of Health for the violation by the licensee of any provision of this
section or Chapter VIII of the New Jersey State Sanitary Code or whenever
it shall appear that the business, trade, calling, profession or occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner or in violation of
any law of the United States, the State of New Jersey or any ordinance
of this Township.
d.
The provisions of Chapter VIII, New Jersey State Sanitary Code (N.J.A.C.
8:27-1 et seq.), which govern the operation or establishments that
engage in the practices of tattooing, body piercing, ear piercing
and the application of permanent cosmetics are hereby annexed as part
of this section and are made a part of this section by reference,
and the required number of copies have been placed on file in the
office of the Department of Health.
e.
Pursuant to the provisions of N.J.A.C. 8:27-9.1, establishments and
individuals that pierce the ear lobe only shall be exempt from the
requirements of this section.
[Ord. No. 22-2005 § II]
For the purpose of this section, the following terms, phases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean all animals that are neither human nor domesticated.
[Ord. No. 22-2005 § III]
No person shall feed, in any public park or on any other property
owned or operated by Aberdeen Township, any wildlife, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
[Ord. No. 22-2005 § IV]
[Ord. No. 22-2005 § V]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a minimum fine of one hundred
($100.00) dollars per day with a maximum fine not to exceed one thousand
($1,000.00) dollars per day.
[Ord. No. 2-2008 § II]
a.
Purpose. The purpose of this section is to establish policies and
procedures for the collection of fees associated with the performance
of marriage or civil union ceremonies by the Mayor.
[Ord. No. 2-2008 § II]
a.
Collection of Fees. Persons seeking to be married or joined in civil
union by the Mayor of the Township of Aberdeen shall remit a fee of
one hundred ($100.00) dollars for such services at Town Hall and one
hundred fifty ($150.00) dollars for such services performed at locations
outside of Town Hall.
b.
Compensation and Reimbursement of Fees.
1.
Receipt of Fees. The fee shall be paid by check payable to the Township
of Aberdeen. Fees collected shall be deposited into the Township of
Aberdeen's current fund.
2.
Disbursement of Fees. Fees for such service may be disbursed to the
Mayor through the appropriate budget line item and with appropriate
authorization.
