As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Health of the Borough of Roseland.
The Borough of Roseland, New Jersey.
The Health Officer of the Borough of Roseland appointed by
the Board of Health of the Borough of Roseland.
Includes an individual, firm, corporation, association, society,
partnership and their agents or employees.
a.
No person shall create, commit or maintain, or allow to be created,
committed or maintained, any nuisance within the Borough of Roseland,
New Jersey.
b.
For the purposes of this chapter, the following specific things,
conditions and acts, each and all of them, are hereby defined and
declared to be nuisances:
1.
Maintaining or permitting to be maintained any pool, pond, ditch,
stream or other body of water, or any cistern, privy vault, cesspool,
rain barrel or other receptacle containing liquid, or permitting the
accumulation of any water or liquid in which mosquito larvae or pupae
breed or do exist.
2.
The existence or presence of any accumulation of garbage, refuse,
manure or animal or vegetable matter in which fly larvae or pupae
exist or which attracts flies and other insects or wherein they breed.
3.
Constructing, maintaining or using any well, permitting the use of
any well or other supply of water for drinking or household purposes,
which is polluted or which is so situated or constructed that it may
become polluted.
4.
Polluting or causing or permitting the existence of any condition
or conditions which pollute or cause or threaten the pollution of
any source of potable waters or any water supply.
5.
Permitting ragweed in a flowering state or poison ivy to exist or
to grow upon any public or private property.
6.
Permitting the existence of any imperfect, defective, leaking, unclean
or filthy sink, water closet, urinal, sump pit, slop basin or other
plumbing fixture in any building used or occupied by human beings.
7.
Depositing, maintaining or permitting the maintenance or accumulation
of any household refuse, wastewater, sewage, garbage, tin cans, offal
or excrement; any decaying fruit, vegetable, fish, meat, animal carcass
or bones; any oyster or clam shell; or any other matter, material,
substance or thing which serves as food for insects or rodents and
to which they may have access, or which serves as or constitutes a
breeding place or harborage for insects, rats or other rodents.
8.
Causing or permitting to be created or to exist on any property any
foul or obnoxious odors, gases or vapors.
9.
Depositing or storing or permitting the deposit, storage or accumulation
on any property of any foul, putrid, corrosive or otherwise obnoxious
liquid or substance.
10.
Depositing or storing or permitting the deposit, storage or accumulation
on any property of any chemical or other waste or flammable, explosive,
corrosive or otherwise dangerous liquid, material or substance, except
in a manner and under such conditions and restrictions as are prescribed
by law.
11.
Permitting any garbage, offal, scraps, waste food or other putrescible
material to be held in a container which is not watertight or which
is uncovered, in any store or factory, outside of any building, on
any public or private property or in any building of multiple occupancy.
12.
Spitting by any person upon any public sidewalk or crossing or upon
the floor of any public building, bus or other public conveyance.
13.
The keeping of horses, cows, goats, rabbits, guinea pigs, dogs, cats
or other animals under unsanitary conditions.
14.
The keeping of swine, cows, horses or chickens except by special
written permission of the Board of Health.
15.
Permitting any human excrement or material containing human excrement
to remain or flow upon the surface of the ground or to remain or flow
in any open ditch or stream; or burying, plowing under or otherwise
disposing of such excrement or permitting the same to be done near
any stream, well, lake, spring or other source of water used for drinking
or domestic purposes; or depositing or permitting to be deposited
any such material in any place where it is likely to gain access to
such water or appear again above the surface of the ground.
c.
No person shall, within the Borough of Roseland sweep, throw, place
or otherwise deposit in or upon any sidewalk, street, gutter, public
alley, park or parking area or any other public place any dirt, rubbish,
paper, garbage, filth, ashes, glass, rubbish or refuse of any kind,
or suffer or permit the same to be done.
d.
No person shall throw, deposit or otherwise place upon any sidewalk,
crosswalk or other public place used for pedestrian travel any fruit,
vegetable or other substance which, when stepped upon, is liable to
cause or does cause any person to slip or fall.
e.
No person shall, within the Borough of Roseland direct, discharge
or otherwise drain, or cause or permit the direction, discharge, flow
or drainage, into any gutter or upon or across any sidewalk, street,
public alley, park or parking area or any other public or private
place, of any:
1.
Refuse or wastewater from any sink, stable, toilet, septic tank,
cesspool, sewer lateral or sewage disposal unit.
2.
Waste- or washwater from any laundry, automobile filling station,
garage or car-washing establishment.
3.
Stormwater from a cellar drain or sump pump or from any storm drain,
brook, spring, pond, marsh or lowland or from any swimming pool.
f.
No person shall, within the Borough of Roseland, deposit, empty,
drain or discharge any gasoline, fuel or lubricating oil or other
petroleum product or derivatives; or any solvent, thinner, lacquer,
paint, paint remover, varnish, cleaning fluid or other cleansing preparation;
or anything of a corrosive, explosive or flammable nature, or any
effluent containing any of the same, into any storm sewer, catch basin,
ditch, stormwater drain, gutter, street or other public place.
g.
No person shall, within the Borough of Roseland, burn any substance
in any public street or burn or permit to be burned any garbage, animal
remains or offal, or burn any other substance in such a manner that
there is thereby created noxious, nauseating or annoying smoke, fumes
or odors.
h.
No person shall, within the Borough of Roseland, bury or permit to
be buried the body of any dead animal, and the owner or person in
charge of any animal having died in the Borough of Roseland shall
remove and dispose of the body according to the directions of the
Health Officer.
i.
No owner, tenant, lessee or person in charge of any building, house,
store, room or place shall, within the Borough of Roseland, maintain
the same or permit the same to be maintained in any state of uncleanliness
or filthiness or in any unsanitary condition.
j.
The owner, lessee or other person in charge of any barn, stable or
shed in which any horse, goat or other domestic animal is kept shall
keep such barn, stable or shed and the premises thereof in a clean
and sanitary condition at all times, and no such person shall maintain
or permit to be maintained any accumulation of manure nearer than
thirty (30) feet to any dwelling house.
k.
No person shall, within the Borough of Roseland, maintain any shed,
coop, pen or runway for fowl or rabbits nearer than one hundred (100)
feet to the doors or windows of any building, or maintain any such
shed, coop, pen or runway in any unclean or unsanitary condition.
It shall be unlawful for any person to make or cause or to 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 the Borough of Roseland, 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 the Borough of Roseland.
All places and premises in the Borough of Roseland shall be
subject to inspection by the Board of Health, the Health Officer or
Registered Environmental Health Specialist.
a.
Whenever a nuisance, as declared by 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 (5) days from the date of service thereof. A duplicate
of the notice shall be left with one (1) or more of the tenants or
occupants of the premises or place.
b.
If the owner resides out of the state or cannot be so notified speedily,
such notice shall be left at that place or premises with the tenant
or occupant thereof or be posted on the premises, and such action
shall be considered proper notification to the owner, tenant or occupant
thereof.
c.
Whenever a nuisance, as declared by 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 Board of Health 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.
d.
If the owner, tenant or occupant who is 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 Board of Health
shall proceed to abate the nuisance or may cause it to be removed
or abated in a summary manner by such means as said Board shall deem
proper in accordance with law.
The Board of Health may institute an action at law to recover
costs incurred by it in the removal or abatement of any nuisance,
as declared by 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.
Any person who violates or neglects to comply with any provision
of this chapter or any notice or order issued pursuant thereto shall,
upon conviction thereof, be liable to a penalty as stated in Chapter
BH:I, Section BH:1-2, Penalty.
