[2000 Code § 28-1.1]
This chapter shall be known and designated as the "Health Code
of the City of Asbury Park."
[2000 Code § 28-1.2]
The Health Officer/Chief Code Enforcement Officer or their designees
and employees shall have the right to enter into and upon any premises,
public or private building, or vehicle for the purpose of enforcing
the provisions of the Health Code and the health laws and regulations
of the State of New Jersey or to determine whether such provisions
or rules and regulations are being complied with or obeyed. No person
shall oppose such entry or hinder or interfere with the Health Officer/Chief
Code Enforcement Officer or their designees or employees in the performance
of their duty.
[2000 Code § 28-1.3]
a.
Issuance. All licenses or permits required by the Health Code, except
when otherwise specifically provided, shall be issued by the City
Clerk. Upon application to the City Clerk for the issuance of same,
the applicant shall, simultaneously therewith, apply to the Health
Officer/Chief Code Enforcement Officer or their designee for a Certificate
of Approval, which certificate shall be issued by the Health Officer
upon compliance by the applicant with the applicable provisions of
this Code and any rules and regulations adopted pursuant thereto.
b.
Revocation. In the event of the violation of any of the provisions
of this Code or of the relevant rules and regulations provided for,
a license or permit may be revoked after a hearing before the Health
Officer/Chief Code Enforcement or their designee upon charges filed
with the Health Officer/Chief Code Enforcement Officer or their designee.
The holder of the license or permit shall have at least one (1) week's
notice by mail of the time for the hearing. The notice shall be addressed
to the address of the holder of the license or permit as appears upon
the application. The penalty of revocation provided in this subsection
shall be in addition to any other penalties provided for in this Code.
c.
Suspension. In the event of the violation by the holder of a license
or permit of any provision of the Health Code or of the relevant rules
and regulations pertaining thereto, where the effect of such violation
is such as shall constitute a hazard or injury to public health, the
Health Officer/Chief Code Enforcement Officer or their designee is
authorized to suspend the license or permit pending the hearing before
the Health Officer/Chief Code Enforcement Officer or their designee
provided in paragraph b. In the event of such suspension, the Health
Officer/Chief Code Enforcement Officer or their designee shall, within
twenty-four (24) hours after notice of suspension, give to the holder
of such license or permit an opportunity for hearing before him/her
and to present such evidence as may be desired concerning such violation.
After the hearing, the Health Officer/Code Enforcement Officer or
their designee may continue or discharge such suspension, but if continued,
an early final hearing shall be provided by the Health Officer/Chief
Code Enforcement Officer or their designee.
[2000 Code § 28-1.4]
a.
All permits and licenses issued under the Health Code shall be prominently
displayed upon the premises for which issued; and upon each vehicle
or device used in the business for which a license or permit is required,
there shall be displayed at all times, in plain sight, on the left
side or rear of the vehicle or device, such current license or permit
sign as may be provided by the Health Officer/Chief Code Enforcement
Officer or their designee.
b.
Every holder of a license or permit shall exhibit same, upon demand,
to the Health Officer or any other authorized representative of the
Health Officer/Chief Code Enforcement Officer or their designee, or
any police officer of the City.
[2000 Code § 28-1.5; Ord. No. 2282 § 1; Ord. No. 2574; Ord. No. 2671; Ord. No. 2679; Ord. No. 2834; Ord. No. 2938; Ord. No. 2015-42; Ord.
No. 2017-46]
a.
Marriages, civil unions, domestic partnerships, births, deaths, and
fetal deaths (stillbirths) shall be reported to the registrar of Vital
Statistics of the City upon the forms supplied and in accordance with
the rules and regulations of the New Jersey State Department of Health.
b.
Fees.
1.
The local registrar, shall, upon request, supply to any applicant
a certification or certified copy of the record of any birth, death,
domestic partnership, marriage or civil union registered under the
rules and regulations of the New Jersey State Department of Health
for a fee of fifteen ($15.00) dollars.
2.
Performance of Marriage or Civil Union Ceremony. There shall be a
fee in the amount of seventy-five ($75.00) dollars for the Mayor or
Deputy Mayor of the City of Asbury Park to perform a marriage or civil
union ceremony. Such fee shall be deposited into the current fund,
payable to the City of Asbury Park. Said funds shall then be disbursed
by the City to the Mayor or Deputy Mayor, as appropriate, as compensation
for the performance of the ceremony.
3.
Correction of a Vital Record. There shall be a fee in the amount
of fifteen ($15.00) dollars for any correction requested of a vital
record (birth, death or marriage certificates). If the correction
requested was an error made by this City's registrar's office, the
fee shall be waived.
c.
The registrar shall furnish a birth, marriage, domestic partnership,
civil union or death certificate without fee in the prosecution of
any claim for public pension or military or naval enlistment purposes.
d.
Domestic Partnerships.
1.
Definitions. As used in this section:
(a)
Affidavit of Domestic Partnership shall mean an affidavit that
sets forth each party's name and age, the parties' common mailing
address, and a statement that, at the time the affidavit is signed,
both parities meet the requirements of the New Jersey Domestic Partnership
Act, P.L. 2003, c. 246, for entering into a domestic partnership and
wish to enter into a domestic partnership with each other.
(b)
Basic living expenses shall mean the cost of basic food and
shelter, and any other cost, including but not limited to, the cost
of health care, if some or all of the cost is paid as a benefit because
a person is another person's domestic partner.
(c)
Certificate of domestic partnership shall mean a certificate
that includes: the full names of the domestic partners, a statement
that the two (2) individuals are members of a registered domestic
partnership recognized by the State of New Jersey, the date that the
domestic partnership was entered into, and a statement that the partners
are entitled to all the rights, privileges and responsibilities accorded
to domestic partners under the law. The certificate shall bear the
seal of the State of New Jersey.
(d)
Commissioner shall mean the Commissioner of Health and Senior
Services.
(e)
Domestic partner or partner shall mean a person who is in a
relationship that satisfies the definition of a domestic partnership
as set forth in the New Jersey Domestic Partnership Act, P.L. 2003,
c. 246.
(f)
Have a common residence shall mean that two (2) persons share
the same place to live in this State, or share the same place to live
in another jurisdiction when at least one (1) of the persons is a
member of a State-administered retirement system, regardless of whether
or not: the legal right to possess the place is in both of their names;
one (1) or both persons have additional places to live; or one (1)
person temporarily leaves the shared place of residence to reside
elsewhere, on either a short-term or long-term basis, for reasons
that include, but are not limited to, medical care, incarceration,
education, a sabbatical or employment, but intends to return to the
shared place of residence.
(g)
Jointly responsible shall mean that each domestic partner agrees
to provide for the other partner's basic living expenses if the other
partner is unable to provide for himself or herself.
(h)
Notice of Rights and Obligations of Domestic Partners shall
mean a form that advises domestic partners, or persons seeking to
become domestic partners, of the procedural requirements for establishing,
maintaining, and terminating a domestic partnership, and includes
information about the rights and responsibilities of partners.
2.
In accordance with the New Jersey Domestic Partnership Act, P.L.
2003, c. 246, two (2) persons who desire to become domestic partners
and meet the requirements of this subsection may execute and file
an Affidavit of Domestic Partnership with the local registrar upon
payment of a fee, in an amount to be determined by the Commissioner.
Each person shall receive a copy of the Affidavit marked "filed."
3.
A domestic partnership shall be established when all of the following
requirements are met:
(a)
Both persons have a common residence and are otherwise jointly
responsible for each other's common welfare as evidenced by joint
financial arrangements or joint ownership of real or personal property,
which shall be demonstrated by at least one (1) of the following:
(1)
A joint deed, mortgage agreement or lease; or
(2)
A joint bank account; or
(3)
Designation of one (1) of the persons as a primary beneficiary
in the other person's will; or
(4)
Designation of one (1) of the persons as a primary beneficiary
in the other person's life insurance policy or retirement plan; or
(5)
Joint ownership of a motor vehicle; and
(b)
Both persons agree to be jointly responsible for each other's
basic living expenses during the domestic partnership; and
(c)
Neither person is in a marriage recognized by New Jersey or
a member of another domestic partnership; and
(d)
Neither person is related to the other by blood or affinity
up to and including the fourth degree of consanguinity; and
(e)
Both persons are of the same sex and therefore unable to enter
into a marriage with each other that is recognized by New Jersey law,
except that two (2) persons that are each sixty-two (62) years of
age or older and not of the same sex may establish a domestic partnership
if they meet the requirements set forth in this subsection; and
(f)
Both persons have chosen to share each other's lives in a committed
relationship of mutual caring; and
(g)
Both persons are at least eighteen (18) years of age; and
(h)
Both persons file jointly an Affidavit of Domestic Partnership;
and
(i)
Neither person has been a partner in a domestic partnership
that was terminated less than one hundred eighty (180) days prior
to the filing of the current Affidavit of Domestic Partnership, except
that this prohibition shall not apply if one (1) of the partners died;
and in all cases where a person registered a prior domestic partnership,
the domestic partnership shall have been terminated in accordance
with the provisions of the New Jersey Domestic Partnership Act.
4.
The local registrar shall:
5.
Upon the filing of an Affidavit of Domestic Partnership and payment
of the appropriate filing fee, the local registrar shall immediately
complete a Certificate of Domestic Partnership with the domestic partner's
relevant information and the date that the domestic partnership was
established. The local registrar shall then issue to the domestic
partners two (2) copies of the Certificate and two (2) copies of the
Notice of the Rights and Obligations of Domestic Partners. Copies
of the Certificate of Domestic Partnership shall be prepared and recorded
in the local registrar's records and with the State registrar.
6.
The local registrar shall, on or before the tenth day of each calendar
month, or sooner if requested by the Department of Health and Senior
Services, transmit to the State registrar the original of all of the
Affidavits of Domestic Partnership and Certificates of Domestic Partnership
received or prepared by the local registrar for the preceding month.
7.
A person who executes an Affidavit of Domestic Partnership in violation
of the provisions of the New Jersey Domestic Partnership Law, P.L.
2003, c. 246, or in violation of this subsection, shall be liable
to a civil penalty in an amount not to exceed one thousand ($1,000.00)
dollars. The penalty shall be used for and collected pursuant to the
"Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10,
et seq.)
[2000 Code § 28-1.6]
a.
Burial, disinterment, or removal permits shall be issued by the City
Registrar of Vital Statistics in accordance with the Revised Statutes
of the State of New Jersey upon application and payment of the prescribed
fees.
b.
All cemetery regulations shall be in accordance with the Revised
Statutes of the State of New Jersey.
[2000 Code § 28-1.7]
The control of communicable diseases in the City shall be conducted
as specified in the Sanitary Code of the Department of Health of the
State of New Jersey.
[2000 Code § 28-1.8; amended 4-22-2020 by Ord. No. 2020-6; 8-11-2021 by Ord. No. 2021-29]
a.
Prohibited. No person shall commit, maintain, or allow any nuisance,
as declared and described in this section.
b.
Nuisance Declared. The following matters, things, conditions, or
acts are hereby declared to be a nuisance and injurious to the health
of the inhabitants of this City:
1.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the City inhabitants.
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 City inhabitants.
3.
Pollution, or existence of a condition which causes or threatens
pollution, of any waters in this City in such a way or manner as to
cause or threaten injury to any of the inhabitants of the City, either
in their health, comfort, or property.
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 City inhabitants,
or to 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.
7.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
8.
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.
9.
The existence of, or presence of trash, discarded paper, cardboard,
wood, metal, glass, boxes, cans or vegetables, bottles, bones, rags,
tin or other metal, discarded furniture and household articles, articles
commonly called "junk."
10.
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.
11.
Abandoned Motor Vehicles.
(a)
Prohibited. To abandon a motor vehicle on any public street or highway
of the City; on any property which is owned, leased, or maintained
by the City; or on any property owned, leased, or maintained by the
Board of Education, Housing Authority or Parking Authority of the
City; or to abandon or permit the abandonment of any motor vehicle
on private property is prohibited.
(b)
ABANDON (with respect to private property)
(1)
(2)
(3)
ABANDON (with respect to public streets, public highways and
public property)
(1)
(2)
(3)
(4)
(5)
MOTOR VEHICLE
Definitions. As used in this section:
shall mean and include, any motor vehicle which:
Is parked out of doors without the current year's registration
or identification markers, as required by law, for a period of thirty
(30) days, except where the motor vehicle is clearly held for sale;
or
Is parked out of doors and found to be mechanically inoperative
for a period of thirty (30) days; or
Is parked out of doors and found without one (1) or more tires
for a period of thirty (30) days.
shall mean and include, any motor vehicle which:
Is parked without the current year's registration or identification
markers as required by law; or
Is so disabled as to constitute an obstruction to traffic, and
the driver or person owning or in charge thereof neglects or refuses
to move the same to a place where it will not obstruct traffic; or
Is found to be mechanically inoperative for a period of seven
(7) days; or
Is found without one (1) or more tires, or is found with one
(1) or more flat tires, for a period of seven (7) days; or
Is parked without being moved for a period of thirty (30) or
more days.
shall mean an automobile, omnibus, road tractor, trailer,
truck, truck trailer or vehicle as defined in R.S. 39:1-1.
(c)
Possession by Police Department. Whenever any member of the City
Police Department finds any motor vehicle abandoned, as defined in
this subsection, on any public street or public highway or public
property, he/she shall take possession thereof by removing or securing
removal to such garage or place as may be designated by the Police
Chief or his/her designee or by securely placing a written notice
on the motor vehicle which states that the City Police Department
has taken possession thereof and that the motor vehicle shall be removed
from the public street, public highway or public property. Such taking
of possession shall be reported immediately to the Director of the
Motor Vehicle Commission on a form prescribed by him/her for verification
of ownership. When such motor vehicle is removed to a garage or place
designated by the Police Chief or his/her designee and remains unclaimed
by the owner or other person having a legal right for a period of
thirty (30) days, the same may be sold at auction in a public place.
When possession is taken by placing a written notice on the motor
vehicle and it remains unmoved from the public street, public highway
or public property for a period of thirty (30) days, the same may
be sold at auction in a public place. The City Police Department shall
give notice of such sale by certified mail to the owner, if his/her
name and address is known, and to the holder of any security interest
filed with the Director of the Motor Vehicle Commission, and by publication
on a form to be prescribed by the Director of the Motor Vehicle Commission
by one (1) insertion, at least five (5) days prior to the sale in
one (1) or more newspapers published in this State and circulating
in the City in which such motor vehicle is being held.
(d)
Reclaiming Possession. At any time prior to the sale, the owner or
other person entitled thereto may reclaim possession of the motor
vehicle upon payment of the reasonable costs of removal and storage
of the vehicle and any fine or penalty and court costs assessed against
him/her for a violation which gave rise to the seizure of taking possession
of such vehicle.
(e)
Junk Sale Certificate. If the City Police Department shall, in its
report thereof to the Director of the Motor Vehicle Commission, certify
on an application prescribed by him/her that such motor vehicle is
incapable of being operated safely or of being put in safe operational
condition except at a cost in excess of the value thereof, the Division
shall, without further certification or verification, issue to the
City, for a fee of one ($1.00) dollar, a Junk Title Certificate thereto,
with proper assignment thereon, which shall be assigned and delivered
to the purchaser of the vehicle at public sale.
(f)
Sale of Motor Vehicles. Upon the sale of any motor vehicle for which
no Junk Title Certificate is issued, the City shall execute and deliver
to the purchaser an application for Certificate of Ownership prescribed
by the Director of the Motor Vehicle Commission, in the same form
and manner as provided in N.J.S.A. 39:10-15, which shall also contain
the name and address, if known, of the former owner. Such application
shall be accepted by the Director of the Motor Vehicle Commission
for issuance of a Certificate of Ownership for a fee of two ($2.00)
dollars.
(g)
Claims of Sold Vehicles. Upon the sale of a motor vehicle, claims
of interest therein shall be forever barred and the proceeds realized
therefrom after payment of the expenses of possession and sale shall
be remitted to the City Treasury as its sole property.
12.
The keeping, harboring, feeding, nesting, or breeding of common pigeons
or stray cats.
13.
Wherever any apartment house or project provides for off-street parking,
it shall be unlawful and shall constitute a nuisance for any person
to park in any space provided for the parking if the rear of the motor
vehicle faces the window of any occupied apartment.
[2000 Code § 28-1.9]
a.
Whenever a nuisance 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 a reasonable
time. A duplicate of the notice shall be left with one (1) or more
of the tenants or occupants of the premises or place.
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 posted on the premises and such
action shall be considered proper notification to the owner, tenant,
or occupant thereof.
b.
Whenever a nuisance is found on any public property or on any street
or any other public premises or place, notice in writing shall be
given to the person responsible therefor or in charge thereof to remove
or abate the nuisance within such time as shall be specified therein.
If such person fails to comply with such notice within the time specified
therein, the Health Officer/Chief Code Enforcement Officer or their
designee 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
Health Officer/Chief Code Enforcement Officer or their designee shall
proceed to abate the nuisance or may cause it to be removed or abated
in a summary manner by such means as he/she shall deem proper.
[1977 Code § 19-1.11; Ord. No.
2932]
No person shall make, cause or permit to be made or caused upon any premises owned, occupied or controlled by him/her or it, or upon any public street, alley or thoroughfare, 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 City. The provisions contained in Section 3-9 of the City Code are hereby incorporated herein by reference, and any violation of Section 3-25 shall also represent a violation of this Chapter.
[2000 Code § 28-1.11]
No person shall spit upon any public sidewalk or upon any part
of the interior or exterior of any public building or public conveyance.
[2000 Code § 28-1.12]
No tenant or occupant of any flat or apartment in any house
occupied by two (2) or more families, and no agent, servant or employee
of such tenant or occupant, shall use any window, dumbwaiter shaft,
fire escape, or porch of such house for the purpose of discharging
dust, by shaking or otherwise from clothes, rugs, or other floor coverings,
brooms, mops, rags, or other cleaning implements or material.
[2000 Code § 28-1.13]
No person shall have or keep in his/her possession any goats,
sheep, swine, horses, rabbits, chickens, pigeons or other fowl.
[2000 Code § 28-1.14]
a.
Reporting. Every veterinarian who attends any animal in the City
affected with or suspected to be affected with anthrax, glanders,
farcy, foot and mouth disease, rabies, tuberculosis, or any other
communicable disease, shall file with the Health Officer/Chief Code
Enforcement Officer or their designee within twelve (12) hours thereafter
a written report stating the name of the disease, the kind of animal,
the precise location of such animal, the name and address of the owner
or person in charge of such animal, and any other necessary information
regarding the animal so affected. In case no veterinarian attends
such animal, it shall be the duty of the owner or person in charge
to file such report with the Health Officer/Chief Code Enforcement
Officer or their designee.
b.
Isolation, Destruction. The owner or person in charge of any animal
affected with or suspected to be affected with any disease mentioned
in this section, or with any other communicable disease, shall isolate
or restrict such animal and follow such precautions in such manner
and for such length of time as the Health Officer/Chief Code Enforcement
Officer or their designee may direct. The Health Officer/Chief Code
Enforcement Officer shall have the power to order the destruction
of any animal with any such disease and it shall be the duty of the
owner or person in charge thereof to immediately comply with the terms
of such order. The Health Officer/Chief Code Enforcement Officer or
their designee or the City shall not be liable for the value of any
animal so destroyed.
[2000 Code § 28-1.15]
a.
Whenever any animal is bitten by any animal affected or suspected
of being affected with rabies, the owner or person in charge of the
animal so bitten shall, as the Health Officer/Chief Code Enforcement
Officer or their designee may order, either have such animal destroyed
or have it isolated in a manner approved by the Health Officer/Chief
Code Enforcement Officer or their designee for a period of six (6)
months.
b.
Whenever a dog, cat, or other animal bites any person, the owner
or person in charge shall securely confine such animal for the purpose
of observation in such a manner and for such period as may be designated
by the Health Officer/Chief Code Enforcement Officer or their designee.
c.
No person shall destroy, sell, move, or otherwise dispose of any
animal under observation as herein provided without a permit from
the Health Officer/Chief Code Enforcement Officer or their designee.
[2000 Code § 28-1.16]
No person shall kill or slaughter in the City any cattle, sheep,
swine, or horses or maintain any establishment or place where such
practice is followed.
[2000 Code § 28-1.17]
a.
No person shall engage in the business of preparing live fowl for
sale or selling live fowl or slaughtering poultry in the City without
first obtaining from the City Clerk a permit for that purpose. The
City Clerk shall issue such permit upon the receipt of a Certificate
of Approval signed by the City Health Officer/Chief Code Enforcement
Officer or their designee.
The person shall apply to the Health Officer/Chief Code Enforcement
Officer or their designee for such Certificate of Approval, which
shall be issued by the Health Officer/Chief Code Enforcement Officer
or their designee upon the compliance by the applicant with the applicable
provisions of this chapter and any rules and regulations adopted pursuant
thereto. The permit expires on December 31 each year, or prior thereto
if the premises licensed are converted to a use other than that provided
in this section. The building in which such business is conducted
shall only be used for the keeping, slaughtering and sale of poultry.
b.
All buildings or places in which poultry slaughtering or the sale
of live poultry is conducted as a business shall conform with the
following requirements:
1.
Such business shall be conducted on the ground floor only.
2.
The floors thereof shall be of material impervious to moisture and
shall be properly sloped to a well-trapped outlet having direct connection
with a sewer. The walls of the room in which slaughtering is actually
carried on shall be covered to height of six (6) feet with smooth
material impervious to moisture and the remainder of the walls and
ceilings shall be finished with a smooth, hard surface.
3.
Hand plucking shall be carried out in a separate and enclosed room.
Watertight receptacles shall be provided for all refuse and shall
be properly covered and removed daily.
4.
All rooms or space used for the purpose of slaughtering poultry shall
be ventilated directly to the open air. No such ventilation shall
in any way enter a ventilation shaft which is used in connection with
the living apartments of any building.
5.
All coops shall be made of heavy wire and shall be of uniform size.
All stands or counters shall be built substantially and shall be covered
with marble, slate, zinc, or tin. Stands, counters, and coops shall
be raised from the floor at least twelve (12) inches to permit flushing
with water underneath. A plentiful supply of running hot and cold
water shall be provided. Stands and counters for the sale of poultry
shall be arranged to allow a clear passageway to the public.
6.
All parts of such poultry slaughtering houses shall be at all times
kept in a sanitary condition.
[2000 Code § 28-1.18]
a.
No person shall sell, offer or expose for sale, or distribute any
horse flesh or horse flesh products unless every carcass, piece, parcel,
or container thereof shall have conspicuously attached thereto a label
or tag, not less than three (3) inches wide and four (4) inches long
in letters not less than one (1) inch in height the words, "Horse
Flesh," or "This Product Contains Horse Flesh."
b.
No horse flesh or horse flesh product shall be offered or exposed
for sale in any store or other premises unless there is maintained,
in a conspicuous place upon the front of such store or premises as
well as upon that portion of the premises which is nearest to the
place therein at which such horse flesh or horse flesh products are
kept, signs with letters not less than four (4) inches high, containing
the words, "Horse Flesh and Horse Flesh Products Sold Here."
c.
No person shall cancel, erase, obliterate, deface, cover, remove,
or alter any brand, tag, label, or other marking hereby or by any
other law or regulations required to be impressed or attached upon
any horse flesh or horse flesh product, nor any sign on any premises
or portion thereof as hereby required.
d.
This section does not apply to the sale of horse flesh or horse flesh
products in sealed containers as food for animals where such containers
are labeled in accordance with the laws and regulations of the State
and Federal government.
[2000 Code § 28-1.19]
a.
No person shall clean, pump out, or convey through the streets of
the City the contents of any cesspool or septic tank without first
obtaining a permit from the Health Officer/Chief Code Enforcement
Officer or their designee.
b.
No person shall collect, remove, or convey through the streets any
garbage, ashes, or other waste material without obtaining a Scavenger
License from the Health Officer/Chief Code Enforcement Officer or
their designee, the fee of which shall be five ($5.00) dollars for
each vehicle.
[2000 Code § 28-1.20; Ord. No.
2610]
No person shall place ashes or rubbish on the sidewalk or streets
of this City for removal therefrom, except after sunset of the day
preceding the collection pickup date or before 6:00 a.m. on the day
of the collection thereof.
[2000 Code § 28-1.21; Ord. No.
2610]
a.
The owner, tenant, or person in possession of any lands in the City
shall not permit such lands to be covered with or contain brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, or refuse where the same is inimical to the preservation
of the public health, safety, or general welfare of the people of
the City, or which may constitute a fire hazard.
b.
Upon complaint of any City resident, or any officer or employee of
the City, or upon his/her own motion, the Health Officer/Chief Code
Enforcement Officer or his/her designee shall make an investigation
of the condition. He/she shall notify the owner, tenant, or person
in possession of the lands complained of, in writing, either personally
or by regular mail, to remove the brush, weeds, dead or dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris,
or refuse and debris.
c.
If the owner, tenant, or person in possession fails to abate or remedy
the condition complained of, after one (1) day notice, the Health
Officer/Chief Code Enforcement Officer or his/her designee shall cause
the condition complained of to be abated and remediated and shall,
thereafter, certify the cost thereof to the Mayor and Council, who
shall examine the certificate, and, if found correct, shall cause
the cost as shown thereon to be charged against the lands. The amount
so charged shall become a lien upon such lands and shall be added
to the taxes to be assessed and levied upon such lands, to bear interest
at the same rate as taxes, and shall be collected and enforced in
the same manner as taxes.
[2000 Code § 28-1.22]
a.
Every building where the public is expressly or impliedly invited
or any establishment where people are employed, or any place of amusement,
shall be provided with proper toilet and lavatory facilities for the
employees and patrons.
b.
Industrial establishments shall provide at least one (1) toilet for
every fifteen (15) persons.
c.
All toilets and lavatories shall be kept clean at all times. An adequate
supply of toilet paper shall be provided in every water closet.
d.
All water closets, traps, flush tanks and pipes shall be effectively
protected against freezing.
[2000 Code § 28-1.23]
All buses operated in the City shall be kept in a thoroughly
clean and sanitary condition, and a sufficient number of ventilators
shall be open at all times to provide a plentiful supply of pure air.
The owners and operators of buses shall be responsible for the condition
thereof.
[2000 Code § 28-1.24]
The construction, alteration and operation of swimming pools
shall comply with the rules and regulations set forth in the "Swimming
Pool Code of New Jersey," dated 1970, of the Department of Health
of the State of New Jersey, as it may be amended and revised.
[2000 Code § 28-1.25]
Where a provision of this chapter or this Health Code is found
to be in conflict with a provision in any other portion of this Code,
or any regulation issued under the authority of this Code, the provision
which establishes the higher standard for the protection of health,
safety, and welfare shall prevail.
[2000 Code § 28-2.1]
As used in this section:
shall mean and include those premises wherein devices for
the cleaning of textiles, fabrics, garments or other articles by the
use of any solvent, other than water, are installed for and used by
the general public.
shall mean that portion of the establishment to which the
general public is permitted access.
shall mean the Health Officer/Chief Code Enforcement Officer
or their designee or an authorized representative thereof.
shall mean that portion of the establishment to which the
customer is not permitted access and which is used for general maintenance
and storage purposes.
shall mean any cleaning fluid which is free of additives
to mask the odor, classified by the National Board of Fire Underwriters
as nonflammable at ordinary temperatures, and not more toxic than
the generally accepted threshold limit value for perchlorethylene
as promulgated by the American Conference of Governmental Industrial
Hygienists.
[2000 Code § 28-2.2]
Any person desiring to operate a coin-operated or self-service
dry cleaning establishment shall make application therefor in writing
to the Health Authority. Such application shall include the following
information:
a.
The applicant's full name, residence, telephone number and post office
address, and whether such applicant is an individual, firm, or corporation.
If a partnership, the names and addresses of the partners shall be
included. If a corporation, the names and addresses of the officers
of the corporation shall be included.
b.
The proposed location of the establishment, a floor plan showing
the building outline and location of the equipment.
c.
The manufacturer of the machine, the trade name and manufacturer's
agent.
d.
The name, address and authorized officer of the person engaged to
install the equipment.
e.
The name or names of maintenance personnel and their telephone numbers.
f.
The signature of the applicant or the authorized officer of the applicant.
g.
Upon receipt of such application, the Health Authority shall make
such investigation as may be necessary of maintenance and storage
facilities, as well as machines and their locations in and about the
premises, to determine compliance with the provisions of this section.
Upon approval of the application, a numbered operator's permit shall
be issued.
[2000 Code § 28-2.3]
a.
The public shall only be permitted access to that portion of coin-operated
or self-service dry cleaning machines which is necessary for use of
those machines. The remaining portion of each machine shall be separated
from the customer area by a partition in which there are grills or
similar ventilation devices. This partitioned-off area shall be called
the maintenance area. The access door to the maintenance area shall
be self-closing and locked to prevent access by the public.
b.
No person, other than the permit holder or his/her representative,
shall enter the maintenance area.
c.
The maintenance area shall not be interconnected with that of heating
devices requiring air for combustion, such as gas dryers, water heaters
and comfort heating devices.
d.
Heating devices requiring air for combustion shall be installed in
such fashion as to obtain air for combustion from the outside temperature.
e.
Ventilation of establishments shall be effected by the drawing of
air from the customer area through grills or other openings in the
partition by means of an exhaust fan or fans operating in the maintenance
area. Exhaust fans shall have a rated capacity of four hundred (400
c.f.m.) cubic feet per minute per machine for normal use and one thousand
(1,000 c.f.m.) cubic feet per minute per machine, for use in emergencies.
The rated capacities of exhaust fans shall appear on this equipment
or its name plate.
f.
If air is being constantly exhausted as a built-in feature of the
equipment, the rated capacity of the fan can be reduced by this amount.
g.
Air shall be replenished at a temperature not less than sixty (60°F)
degrees Fahrenheit as quickly as it is exhausted from the customer
area.
h.
Each coin-operated or self-service dry cleaning machine shall be
equipped with an exhaust system that maintains a minimum of one hundred
(100) feet per minute velocity through the loading door whenever the
door is open. The duct work connections to this system shall be sealed
(soldered or taped) and the discharge outlet extended to a minimum
height of five (5) feet above the roof line and shall be located so
that the effluent may not reenter the premises.
i.
A concrete dike or metal pan or similar facility, shall be installed
at the location of each machine to collect and contain spillage. This
facility shall be constructed of a material impervious to the solvent
used.
j.
The floor covering in the customer area shall be made of a material
resistant to the solvents used in such machines.
k.
All establishments shall meet the requirements of all established
State and local laws, codes, and regulations; including, but not limited
to air pollution, electrical wiring, plumbing, fire prevention, waste
disposal, sanitation, solvent storage, food or beverage vending, hours
of operation and presence of an attendant.
[2000 Code § 28-2.4]
a.
A respirator, approved by the U.S. Bureau of Mines as affording protection
against organic solvent vapors, shall be provided for and used by
maintenance personnel during correction of leakages, cleaning of the
system, removal of line and muck bags, and at all times when the odor
of solvent is noticeable.
b.
The customer area shall be equipped with a fire extinguisher approved
by use against electrical or oil fires by the National Board of Fire
Underwriters.
c.
A step-by-step, readily legible instruction list for operation of
machines shall be posted in a conspicuous location near the machines
in the customer area. These instructions shall include a list of items
not to be dry cleaned in a coin-operated or self-service dry cleaning
machines, such as those made in part or completely of plastic, rubber,
leather, paper, fur, angora and urethane.
d.
Each establishment shall post in a conspicuous location, readily
visible from the outside of these premises, the telephone number or
numbers to be called in the event of an emergency.
e.
Each machine shall be provided with an interlock system to prevent
the loading door from being opened during the normal cycle or in the
event of a power failure. This system may be either electrical and/or
mechanical.
f.
No machine shall be permitted to be operated in a coin-operated or
self-service dry cleaning establishment which in normal operation
fails to eliminate all vapors from the cleaned items upon completion
of the dry cleaning cycle.
g.
Immediate action shall be taken to eliminate solvent odor in the
customer area. Failure to take such action shall be just cause for
closing the establishment. Vapors or odors from such establishments
shall be exhausted in such manner as not to constitute air pollution,
as defined by Statute (Chapter 212, P.L. 1954).
h.
No person shall use spotting equipment containing flammable material
in a coin-operated or self-service dry cleaning establishment.
i.
Each machine shall be inspected each day that it is in operation
and shall be kept in good repair by maintenance personnel. A record
shall be kept in the maintenance area of all inspections and repairs
made.
j.
Solvents shall be kept in closed airtight containers and shall be
handled in such manner as to prevent the escape of odors.
k.
A maintenance person shall be on duty on the premises at all times
that the establishment is doing business.
[2000 Code § 28-2.5]
The Health Authority shall inspect establishments as often as
he/she deems necessary. The permit holder or his/her representative
shall permit access to any portion of the establishment for the purpose
of making such an inspection.
[2000 Code § 28-2.6]
Any coin-operated or self-service dry cleaning establishment
constructed, operated, or maintained in violation of the provisions
of this section is hereby declared to be nuisance and detrimental
to public health.
[2000 Code § 28-3.1; amended 4-14-2021 by Ord. No. 2021-13; 11-8-2023 by Ord. No. 2023-37]
As used in this chapter:
Shall mean any article of food or drink, a source of food
or drink, a method, a device, or a piece of equipment which meets
the requirements of the Health Officer/Chief Code Enforcement Officer
or their designee of the City, or the State Department of Health.
Shall mean any person who handles food or drink during preparation
or servicing, or who comes in contact with any eating or cooking utensil,
or who is employed in a room in which food or drink is prepared or
served.
Shall mean the Health Officer/Chief Code Enforcement Officer
or their designee or other official possessing a license issued by
the State Department of Health under the provisions of N.J.S.A. 26:1a-41.
Shall mean a restaurant, tavern, box lunch establishment,
bakery, meat market, delicatessen, luncheonette, caterer, soda fountain,
food vending vehicle, and any other place in which food or drink is
prepared or stored for public consumption, distribution, or sale at
retail, including any vehicle used in connection therewith and all
places where water for drinking or culinary purposes is available
for public use.
Shall mean the rendering of eating and drinking utensils
free from disease-producing bacteria so that they have been so cleansed
and disinfected as to have a total bacterial count of not more than
one hundred (100) per utensil when sampled in accordance with approved
method in an approved laboratory.
Shall mean any kitchenware, tableware, glassware, cutlery,
containers, or other equipment with which food or drink comes in contact.
[2000 Code § 28-3.2; amended 11-8-2023 by Ord. No. 2023-37]
a.
No person shall operate a retail food handling establishment unless
a Certificate or approval of an existing Certificate to operate same
shall have been issued by the Health Officer/Chief Code Enforcement
Officer or their designee. The certificate shall not be issued except
after inspection of the premises proposed to be operated are found
to be in full compliance with this chapter. Such Certificate or approval
of an existing Certificate shall be posted in a conspicuous place
in such establishment.
b.
There shall be charge of five ($5.00) dollars for such Certificate
or approval of an existing Certificate.
c.
Certificates issued or approved under the provision of this chapter
expire annually on December 31. Application for renewal shall be submitted
with the required fee prior to January 1.
d.
A person conducting an itinerant retail food handling establishment
shall secure a Certificate; or if such person is the holder of a Certificate
issued by the Health Officer/Chief Code Enforcement Officer or his
designee of another jurisdiction, the Certificate may be approved
by the Health Officer/Chief Code Enforcement Officer or their designee
and there shall be a fee of five ($5.00) dollars charged for such
approval.
[2000 Code § 28-3.3; amended 11-8-2023 by Ord. No. 2023-37]
[2000 Code § 28-3.4; amended 11-8-2023 by Ord. No. 2023-37]
The City Clerk shall not issue a Mercantile License to any applicant
for any retail food handling establishment unless and until the applicant
produces a Certificate issued by the Health Officer/Chief Code Enforcement
Officer or their designee in accordance with this section.
[2000 Code § 28-3.5; amended 11-8-2023 by Ord. No. 2023-37]
The Enforcing Official shall inspect, as often as he/she deems
necessary, every retail food handling establishment. The person operating
a retail food handling establishment shall permit access to all parts
of the establishment and shall make available all records of food
purchased upon request of the Enforcing Official.
[2000 Code § 28-3.6; amended 11-8-2023 by Ord. No. 2023-37]
If the Enforcing Official has reason to believe that any retail
food handling establishment is or may be a source of food-borne infection,
he/she shall advise the owner, manager, or employees thereof accordingly
and order appropriate action to be taken, which will eliminate the
source of infection. In the event such action is not taken immediately,
he/she may order such establishment to be closed and post a statement
in a conspicuous place at the entrance thereof, stating "The sale
of food or drink in this establishment is forbidden - Health Officer
of the City of Asbury Park," which order shall be effective and statement
shall remain posted until the action ordered to eliminate the source
of food-borne infection has been completed. The Enforcing Official,
who believes an employee of any retail food handling establishment
is ill or infected with a disease, or may be a carrier of a disease,
which may be transmitted through food, may order him/her to leave
the establishment and order the employer to prohibit such employee
from returning to work until permission is granted to return by the
Health Officer/Chief Code Enforcement Officer or their designee.
[Former Subsection 28-3.7, Third-Party Food Takeout and Delivery
Service Application and Internet Website Fees; Limitations, was repealed 11-8-2023 by Ord. No. 2023-37. Prior history includes Ord. No. 2021-13.]
[2000 Code § 28-3.7; amended 4-14-2021 by Ord. No. 2021-13; 11-8-2023 by Ord. No. 2023-37]
[Ord. No. 2016-48]
The City of Asbury Park authorizes the Visiting Nurse Association
Health Group to establish a sterile syringe access program in Asbury
Park to be operated in accordance with the guidelines and procedures
established by the New Jersey Department of Health.
[Ord. No. 2018-34 § 28-4.1]
It is hereby found and declared that it will be the public policy
of City of Asbury Park to take action when feasible to reduce the
effects of certain products utilized, placed, or released with the
environment in order to protect the health and safety of the general
public.
[Ord. No. 2018-34 § 28-4.2]
This section is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and well-being of
persons and property by prohibiting the release of helium balloons
into the atmosphere, including latex and mylar, as it has been determined
that the release of balloons inflated with lighter-than-air gases
pose a danger and nuisance to the environment, particularly to wildlife
and marine animals so as to constitute a public nuisance and may pose
a threat to the safety of its inhabitants and their property.
[Ord. No. 2018-34 § 28-4.3]
It shall be unlawful for any person, firm or corporation to
intentionally release, organize the release, or intentionally cause
to be released balloons inflated with a gas that is lighter than air
within the City of Asbury Park limits, except for:
[Ord. No. 2018-34 § 28-4.4]
Any person found in violation is guilty of a non-criminal infraction
punishable by a fine not to exceed the sum of five hundred ($500.00)
dollars.
