Editor's Note: See Chapter 2, Administration, for the Department of Health and Human Resources and health boards and committees. See also Chapter 11, General Licensing and Business Regulations.
[1999 Code § 8.44.010]
As used in this chapter:
DIVISION OF HEALTH or HEALTH DEPARTMENT
Means the Division of Health of the Township.
ENFORCING OFFICIAL
Shall mean the Health Officer or other official authorized by the Board.
HEALTH ADVISORY BOARD or BOARD
Shall mean the Health Advisory Board of the Township.
HEALTH OFFICER
Shall mean the Health Officer of the Township, appointed by the Board.
PERFORMANCE BOND
Shall mean that the installer shall well and faithfully comply with the provisions of this chapter relating to the installation of individual septic disposal systems indicated in this chapter; that the installer will be responsible for any damages or injuries that may occur to persons, animals or property by reason of any neglect or carelessness or improper workmanship on the part of the said installer or his agent, servants or employees in connection with the work. This bond shall be for a term of not less than one (1) year.
PERMIT or LICENSE
Shall mean a written authorization to carry on specified activities as regulated by this chapter and includes a certification of approval.
PERSON
Shall mean any person or persons, firm, corporation or association.
SANITIZE
Shall mean the cleansing of equipment and utensils, with the reduction of the bacterial count to safe levels and the removal of harmful residues.
TOWNSHIP, THE TOWNSHIP, THIS TOWNSHIP or MUNICIPALITY
Shall mean the Township of Edison, New Jersey.
[1999 Code § 8.44.020]
The Health Advisory Board, Division of Health, and its members, agents or employees shall have the right of entry, at any reasonable hour, into and upon any public or private building or premises for the purpose of enforcing the provisions of this chapter or determining whether such provisions or the rules and regulations of the Board are being complied with and obeyed. No person shall oppose such entry, or hinder or interfere with the Health Advisory Board, Division of Health, or any of its members, agents or employees in the performance of their duty. The refusal of entry to any authorized representative of the Board by any person licensed or holding a permit under this chapter shall be sufficient reason for immediate suspension of such license or permit and its revocation after an opportunity for a hearing before the Board.
[1999 Code § 8.44.080]
a. 
Any person who shall:
1. 
Do or commit any act prohibited by the terms of this chapter; or
2. 
Do or commit any act for which a license or permit is required, without having secured and being in possession of a valid license or permit at the time of the doing or commission thereof; or
3. 
Omit to do or perform any act required by him to be so done or performed by this chapter; or
4. 
Maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions thereof; or
5. 
Violate any of the provisions of any of this chapter or regulations thereof; or
6. 
Fail to maintain any condition, equipment or facility required therein to be maintained; or
7. 
Fail to install any article of a particular type, kind, quality or specification, where such installation is required; or
8. 
In any manner, by deed, act, act of commission or act of omission, violate any one (1) or more of the provisions of this chapter;
shall, upon conviction thereof, or upon conviction of any violation of the provisions hereof, be liable to the penalty stated in Chapter I, Section 1-5.
b. 
Each day that a violation is allowed to exist shall constitute separate violation or offense.
c. 
In the event that any violation of this chapter shall also be a violation of a New Jersey State law for which a greater penalty is provided than that contained in this chapter, the Judge of the Municipal Court before whom the complaint is brought, based upon such violation, shall, in his or her discretion, have the right to impose, in the place and lieu of any penalty provided for herein, that penalty so provided for in the New Jersey State law which has been so violated.
d. 
If any penalty herein provided shall exceed or be greater than that provided by any law of the State of New Jersey for the violation of which such penalty is imposed herein, the maximum penalty for such violation shall be the maximum permitted by such law of the State of New Jersey as may be applicable thereto.
e. 
Every act herein designated as being unlawful is prohibited, and every act herein expressly prohibited is designated as being unlawful.
[1999 Code § 8.140.010]
In accordance with the rules of the State Department of Health of New Jersey, both contracting parties to a marriage shall appear before the Registrar or Deputy Registrar of Vital Statistics to apply for a license at least seventy-two (72) hours prior to the time ceremony is to be performed. Information must be furnished on applications supplied for that purpose before license will be issued.
[1999 Code § 8.140.020]
Every person having authority to solemnize marriages shall transmit to the Registrar of Vital Statistics a certificate in writing of every such marriage within five (5) days after the same shall be solemnized. Said certificate shall be made out on blank forms furnished by the Registrar for that purpose and shall include all facts required.
[1999 Code § 8.140.030]
Any physician or midwife present at the birth of any child born in the Township, and in case there be no physician or midwife present, then the parent or witness present at the birth, shall report in writing to the Registrar of Vital Statistics of the Township within five (5) days after the date of the birth, all particulars concerning the birth called for on the blank forms furnished by the Registrar for that purpose.
[1999 Code § 8.140.040]
When any person shall die within the Township, the physician who may have attended such person during his or her illness shall furnish to the undertaker or any member of the family applying therefor a certificate in writing of such death. The certificate shall be made out and shall comprise all the facts stated in the blank forms furnished by the Registrar of Vital Statistics for that purpose.
[1999 Code § 8.140.050]
No person shall bury or deposit in any grave, tomb or vault, cremate, or remove from the limits of the Township, the body of any person dying in the Township or of any child stillborn in this Township, without a permit therefor from the Registrar of Vital Statistics of the Township.
[1999 Code § 8.140.060]
No dead human body shall be disinterred or removed from any grave, tomb or vault without a permit from the Division of Health.
[1999 Code § 8.140.070]
The Division of Health may specify any communicable disease or diseases for which no public funeral shall be held, and prohibit such public funeral, and in case of threat or prevalence of an epidemic, may prohibit such public funeral of persons dying from the particular disease or diseases specified.
[1999 Code § 8.52.010]
The Director of the Department of Health is authorized to charge the following fees:
a. 
Fees for screening tests not routinely available and intermittently offered by the Health Department in conjunction with other programs such as health fairs.
Service Description
Fee
1.
Mammography administered to residents eligible per New Jersey Department of Health Guidelines and/or regulations
$85.00
2.
Lyme Disease: antibody screening
$30.00
3.
Hepatitis B: antibody screening
$25.00
4.
Blood Chemistry Profile (SMAC)
$20.00
5.
PSA (Prostatic Specific Antigen)
$30.00
6.
T-4 (Thyroid)
$5.00
b. 
Clinic Service Fees.
Service Description
Fee
1.
Clinic Registration Fee (nonresident) (excludes Medicare Part B services)
$20.00
2.
Pneumovax (with physician approval)
$30.00
3.
Influenza (to any Edison resident eligible according to Federal CDC or State Health guidelines, except Medicare recipients)
$20.00
4.
MMR (re-vaccination only)
$50.00
5.
TD - Adult
$20.00
6.
DT — Pediatric
$20.00
7.
School Age Immunization Registration (each)
$2.00
8.
Childhood Blood Level Screening (if not enrolled in CHC or if not indicated by risk assessment)
$10.00
9.
Mantoux (routine employment) (no charge for contact investigation)
$10.00
10.
Lyme (tick handling)
$25.00
11.
Hep B (per dose)
$40.00
12.
Polio IPV
$25.00
13.
Hep A (per dose)
$50.00
14.
Varicella
$75.00
15.
Meningitis
$100.00
16.
Hep B (per dose) — School Age Special Prog
$10.00
17.
STD/HIV Services (18 and under)
$0.00
18.
STD/HIV Services (over 18)
$5.00
19.
Well Child Care (CHC); or Women's Cancer Screening; or School Physicals
Sliding scale:
(a) Up to 200% poverty
$0.00
(b) Up to $70,000.00/year (per visit)
$5.00
(c) Over $70,000.00/year (per visit)
$25.00
20.
Cholesterol Screening
$7.00
21.
School Physicals (non sports related)
$15.00
22.
Copies of Immunization Records (Replacements)
$5.00
23.
TDAP - Adult
$40.00
[1999 Code § 8.48.010]
The fees imposed in this section for such permit are imposed for revenue, regulation and control.
[1999 Code § 8.48.020; Ord. No. O.1646-2008§ III]
All applicants for permits and for renewal thereof as encompassed herein shall be made in accordance with this chapter and shall be accompanied by the payment of the fees prescribed by the following table. Permits shall expire and shall be renewed in accordance with the expiration date as prescribed by the following table:
Description of Activity Under Permit
Fee
Expiration Date
a.
Bathing places: permit to operate a pond or lake
$500.00
June 30
b.
Boarding of children: permit to conduct a day-care service
$150.00
June 30
c.
Dormitories: permit to operate a trucking dormitory
$300.00
June 30
d.
Eating places (see restaurant fees)
e.
Food establishments (other than restaurants):
1. Class A (over 10,000 square feet)
$900.00
June 30
2. Class B (5,001 to 10,000 square feet)
$600.00
June 30
3. Class C (3,501 to 5,000 square feet)
$350.00
June 30
4. Class D (2,501 to 3,500 square feet)
$245.00
June 30
5. Class E (0 to 2,500 square feet)
$175.00
June 30
f.
Ice: permit to sell or deliver ice, each vehicle or depot
$25.00
June 30
g.
Laundry, self-service: permit to operate each washer or dryer in a self-service laundry
$15.00
June 30
h.
Microwave ovens: commercial
$50.00
June 30
i.
Milk: permit to sell milk or milk products, each vehicle or premises
$15.00
June 30
j.
Motel (motor lodge, motor court tourist lodge, hotel): permit to conduct each dwelling or rooming unit
$40.00
June 30
k.
Restaurants:
1. Class A (seating capacity of 100 or over)
$600.00
December 31
2. Class B (seating capacity of 50 to 99)
$490.00
December 31
3. Class C (seating capacity 1-49)
$375.00
December 31
4. Class D (primarily a bar serving food)
$245.00
December 31
l.
Food establishments (wholesale):
1. Permit to conduct a wholesale food establishment (manufacturing)
$400.00
June 30
2. Permit to conduct a wholesale food establishment (nonmanufacturing)
$400.00
June 30
m.
Food vehicles or vendors (restaurants):
1. Permit to operate a food vehicle (peddler)
$125.00
June 30
2. Temporary retail food establishments.
a) For one location for more than three (3) consecutive days.
$200.00
b) For one location for not more than three (3) consecutive days and one event.
$ 75.00
3. Permit to operate a food delivery vehicle
$50.00
June 30
4. Permit to operate an ice cream vehicle
$150.00
June 30
n.
Food-vending machines; permit to operate a food-vending machine, per machine
$30.00
September 30
o.
Frozen desserts:
1. Class A (wholesale plant)
$500.00
June 30
2. Class B (retail plant)
$275.00
June 30
p.
Septic tank:
1. Permit to conduct business of cleaning septic tanks
$100.00
June 30
2. Permit to conduct business of installing septic tank disposal systems
$250.00
June 30
3. Permit to install an individual septic tank disposal system, including percolation tests
$300.00
Two years from date of issue
q.
Slenderizing salon: permit to operate a slenderizing salon
$200.00
June 30
r.
Swimming pools:
1. Permit to operate, nonresidential:
(a) Seasonal (four months or less per year)
$550.00
(b) Yearly (four months or more per year)
$750.00
April 30
2. All new pools, other than nonresidential, initial inspection
$45.00
Initial inspection
s.
Wells: Permit to install individual and semipublic wells
$50.00
June 30
t.
Plan Review Fee (Food Establishments, septics and bathing places)
$100.00
u.
Late Fee (all licenses and permits)
20% late fee if more than thirty (30) days past expiration date.
[1]
Editor's Note: Pursuant to subsection 2-128.3a1 of the Township of Edison Charter and Code, any resident of the Township who shall have obtained the age of sixty-five (65) years old is hereby exempt from the municipal fees in this section.
[1999 Code § 8.48.030]
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other ordinances except those specifically repealed by the provisions of this chapter. Where this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of other ordinances, the provisions of this chapter shall control.
[1999 Code § 8.112.010; Ord. No. O.1512-2006]
The following matters, things, conditions or acts, and each of them, are declared to be a nuisance and injurious to the health of the inhabitants of this Township:
a. 
Pollution, or existence of a condition or conditions which cause or threaten pollution, of any waters in this Township in such manner as to cause or threaten injury to any of the inhabitants of this Township, either in their health, comfort or property;
b. 
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air, of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of this Township, or endanger their comfort, repose, health or safety;
c. 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place;
d. 
The growth, existence or presence of poison ivy within twenty (20) feet of any property line;
e. 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist;
f. 
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;
g. 
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 serve as or constitutes a breeding place or harborage for insects or rodents, in or on any land, premises, building or other place. Composts are permitted, except in cases where they may prove either a health hazard or a nuisance;
h. 
Any container or utensil in which garbage, offal, scraps, waste food and any other putrescible material is held in or upon any premises, and which is not watertight, tightly covered and so kept at all times to exclude flies, rodents and vermin;
i. 
Any common drinking cup or utensil in any park, playground, theater, school, club, boarding home, public washroom or lavatory, or in any place where a number of people congregate or are employed;
j. 
Any common towel for use by more than one (1) person without intermediate laundering, except roller towels which can be mechanically adjusted for individual use, in any park, playground, theater, school, club, boarding home, public washroom or lavatory, or in any place where a number of people congregate or are employed;
k. 
The placing of house sewage, waste fluids or fouled liquids on the surface of the ground in such a manner as to become a source from which offensive odors shall emanate, or in such a manner as to pollute the ground, air or water, or in such a manner as to endanger the purity of any water of any well, stream, pond or lake, or the discharge of any such sewage or fluids into any street or highway;
l. 
The discharge or deposit of any foul or offensive liquids or solids into or upon any lots or lands without first obtaining a permit therefor from the Division of Health, or the keeping or forming of sunken places or excavations upon any lot or land and the accumulation thereon of foul water or offensive animal or vegetable matter.
[1999 Code § 8.112.020]
Whenever the Division of Health shall have satisfactory evidence that any well, the water of which is used for domestic purposes, has become polluted and rendered unsafe for potable use, notice to discontinue the use of the polluted water shall be sent to the owner or party in charge of the well, and at the discretion of this Division the owner or party in charge of the well may be ordered, in writing, to close, fill up or withdraw from the ground the well. If the order is not complied with within the time therein specified, this section shall be deemed violated and this Division may proceed to cause the well to be closed, filled up or withdrawn from the ground.
[1999 Code § 8.112.030]
No person shall use or permit the use of hydrocyanic acid gas or any product of cyanogen or any other substance poisonous to animal life or human beings for fumigating or disinfecting any structure or premises in the Township without first having obtained a permit to do so from the Division of Health, which permit shall be exercised only in the presence of an authorized representative of the Division of Health at the time and place the gas or other product is released.
[1999 Code § 8.112.040]
It is unlawful for any person or persons to commit, maintain or allow any nuisance as declared and described in this section.
[1999 Code § 8.112.080]
a. 
Whenever a nuisance, as declared by this section, is found on any plot of land, lot, right-of-way or any other private premises or place, notice by certified mail 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 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 section, 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 Division 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, upon being notified as provided by this subsection, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Division 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 the Division of Health shall deem proper.
[1999 Code § 8.112.090]
The Division 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 section, 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.
[1999 Code § 8.68.010]
As used in this section:
BOARDING HOMES FOR INFANTS AND CHILDREN
Means any house or other place where one or more children under sixteen (16) years of age are received, cared for or kept, unattended by his or her parents or legal guardians, for the purpose of providing such child or children with food, lodging or care. This definition shall not apply to:
a. 
Any person caring for a child related by blood or marriage;
b. 
The Bureau of Children's Services;
c. 
Any children's home, orphan asylum or children's aid society incorporated under the laws of the State.
[1999 Code § 8.68.020]
No person shall conduct or maintain any boardinghouse for infants or children without having a license approved by the Division of Health.
[1]
Editor's Note: License fees may be found in Section 12-6 of this chapter.
[1999 Code § 8.68.030]
a. 
No greater number of infants or children shall be kept at any time than shall be authorized by the Division of Health.
b. 
The premises shall be kept clean and in a sanitary condition at all times and ample provision shall be made for light and fresh air.
c. 
Such infants or children at all times shall be kept clean and properly clothed, shall be fed upon wholesome food and shall be given proper medical attention and preventive treatment as prescribed.
d. 
No such infants or children shall be kept in any house in which any of the other occupants are affected with tuberculosis or any venereal disease in a communicable stage.
e. 
Individual beds shall be provided for each child.
f. 
All such infants or children shall, at all times, be properly cared for and such boardinghouse shall be conducted in a manner which meets with the approval of the Division of Health.
g. 
All boarding homes for infants and children must be approved by the Fire Official and the Construction Official.
h. 
No license for a home shall be granted where adult roomers or boarders are living.
i. 
Boarding homes and their grounds shall be maintained and equipped in such a manner that their use shall not be hazardous to children, and constant vigilance shall be exercised to prevent accidents.
[1999 Code § 8.68.040]
Any person or persons engaged in conducting, maintaining or employed in a boarding home for infants and children shall submit adequate character references to the Division of Health.
[1999 Code § 8.68.050]
The building and premises in which is conducted the business of operating a boarding home may be inspected from time to time by the Health Officer or his or her authorized representative or by the Fire Official or other authorized representative of the Fire Department. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections, and the owner or operator is required to provide the necessary arrangements to facilitate such inspections.
[1999 Code § 8.72.010]
As used in this section:
CARRIER
Means any person who harbors or carries the causative agent of any disease, but who at such time manifests no clinical symptoms.
COMMUNICABLE DISEASE
Means any disease in which the causative agent may be transmitted from person to person or from animal to person by direct or indirect means.
ISOLATION
Means the placing apart of persons or animals affected with or exposed to a communicable disease, for the purpose of preventing contact.
QUARANTINE
Means the limitation of freedom of movement of such susceptible persons or animals as have been exposed to a communicable disease, for a time equal to the longest usual incubation period of the disease to which they have been exposed.
[1999 Code § 8.72.020]
The following diseases and conditions are declared to be reportable and it shall be the duty of every physician, within twelve (12) hours after the disease has been diagnosed, to report the name, address, age, disease or condition and the precise location of the person so affected to the Health Advisory Board:
a. 
Communicable Diseases.
1. 
Amebiasis;
2. 
Anthrax;
3. 
Brucellosis;
4. 
Cholera;
5. 
Dengue;
6. 
Diarrhea of newborn;
7. 
Diphtheria;
8. 
Encephalitis, infectious;
9. 
Glanders;
10. 
Hepatitis, infectious, including serum hepatitis;
11. 
Influenza;
12. 
Leprosy;
13. 
Leptospirosis;
14. 
Malaria;
15. 
Measles (rubeola);
16. 
Meningococcal meningitis;
17. 
Ophthalmia neonatorum;
18. 
Plague;
19. 
Pneumonia, all forms;
20. 
Poliomyelitis;
21. 
Psittacosis;
22. 
Q fever;
23. 
Rabies (hydrophobia);
24. 
Rocky Mountain spotted fever;
25. 
Salmonellosis;
26. 
Shigellosis;
27. 
Smallpox;
28. 
Streptococcal sore throat, including scarlet fever;
29. 
Tetanus;
30. 
Trachoma;
31. 
Trichinosis;
32. 
Tuberculosis, all forms;
33. 
Tularemia;
34. 
Typhoid fever;
35. 
Venereal diseases.
(a) 
Chaneroid,
(b) 
Gonorrhea,
(c) 
Lymphogranuloma venereum,
(d) 
Granuloma inguinale,
(e) 
Syphilis;
36. 
Whooping cough (pertussis);
37. 
Yellow fever.
b. 
Communicable Disease Carriers.
1. 
Cholera;
2. 
Diphtheria;
3. 
Dysentery, amoebic, bacillary;
4. 
Paratyphoid fever;
5. 
Typhoid;
c. 
Food Poisonings.
1. 
Botulism;
2. 
Food poisonings due to the consumption of unwholesome, spoiled, contaminated or poisonous articles of food.
d. 
Occupational Diseases: Any Disease or Poisoning Due to Occupation.
e. 
Miscellaneous.
1. 
Animal bites;
2. 
Drug poisoning;
3. 
Mental deficiency;
4. 
Epilepsy;
5. 
Cerebral palsy.
[1999 Code § 8.72.030]
Physicians having knowledge of any outbreak of a disease not listed in subsection 12-11.2, or of unusual manifestations of disease, shall report the facts to the Health Officer in whose jurisdiction the condition exists, who shall make an investigation and submit a report thereof to the State Department of Health.
[1999 Code § 8.72.040]
Every house owner or occupant who shall know of, or have reason to suspect the existence of, any person affected with any disease or condition mentioned in subsection 12-11.2 who is in or upon any premises owned or occupied by him or her and who is not being attended by a physician, shall report immediately to the Division of Health the existence of such person and all necessary facts, within the knowledge of the person making such report, as to the name, address, age and sex of the person having or suspected of having such disease or condition.
[1999 Code § 8.72.050]
The principal or person in charge of every school shall immediately exclude from school or isolate any child or person in such school who appears to be affected with any communicable disease mentioned in subsection 12-11.2, and shall immediately report such fact to the Division of Health, together with the name and address of such child or person and the supposed nature of the disease.
[1999 Code § 8.72.060]
Whenever a communicable disease as listed in subsection 12-11.2 exists in any house or upon any premises, the Division of Health may cause a placard stating the name of the disease to be posted in a conspicuous place upon such house or premises, and no person shall conceal, mutilate, destroy or remove such placard except by authority of the Division of Health.
[1999 Code § 8.72.070]
Any person affected with, suspected to be affected with, or exposed to any communicable disease mentioned in subsection 12-11.2 may, until officially released by the Division of Health, be quarantined, isolated or restricted according to the regulations of the Health Advisory Board, or shall follow such precautions to prevent the spread or transfer of such disease as this Board or the Division of Health may direct.
[1999 Code § 8.72.080]
No person shall enter or leave the house or premises where any person is quarantined or isolated by reason of being affected with or having been exposed to any communicable disease mentioned in subsection 12-11.2 except in accordance with the regulations of the Health Advisory Board and by permission granted by the Division of Health.
[1999 Code § 8.72.090]
No person shall commit any act which may cause, contribute to or promote the spread of any disease from any person affected with such disease, or commit any negligent act connected with or in respect to the care or custody of the person affected.
[1999 Code § 8.72.100]
The Division of Health shall have the power to remove to a hospital or institution any person affected with a communicable disease listed in subsection 12-11.2, whenever in the opinion of the Division of Health such removal is necessary to prevent further spread of such disease, or whenever the isolation of such person is not effective or is contrary to the rules and regulations of the Health Advisory Board.
[1999 Code § 8.72.110]
Whenever the quarantine of a public or private building or premises is terminated by the Division of Health, such disinfection and cleaning as may be required by the Division of Health shall be performed immediately by the occupant of the public or private building or premises.
[1999 Code § 8.72.120]
In order to establish the true nature of any disease which may be communicable, any person suspected of being affected or who may have been exposed may be required to submit to a medical examination or test.
[1999 Code § 8.72.150]
Every person, corporation, organization or society maintaining a home, orphanage, nursery or other establishment for the care and/or maintenance, in whole or in part, of infants or children who are not members of the family, shall require that each such child be vaccinated against smallpox, immunized against diphtheria and any other communicable disease that the Board may designate, and be examined for syphilis or gonorrhea if requested by the Health Advisory Board. No infant or child not protected and examined as provided by this chapter shall be received by such home, orphanage, nursery or other establishment.
[1999 Code § 8.72.160]
The Health Advisory Board, in case of an epidemic or unusual prevalence of any communicable disease, may take measures and order to be done acts necessary for the preservation of public health until the emergency shall have ceased to exist.
[1999 Code § 8.72.170]
Every veterinarian who shall attend any animal in the Township affected or suspected to be affected with anthrax, glanders, farcy, psittacosis, foot-and-mouth disease, rabies, tuberculosis or any other communicable disease shall file with the Division of Health 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 thereof, and any other necessary information regarding the animal so affected. In case no veterinarian shall attend such animal, then it shall be the duty of the owner or person in charge to file such report with the Division of Health.
[1999 Code § 8.72.180]
The owner or person in charge of any animal affected with or suspected to be affected with any disease mentioned in subsection 12-11.2, 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 Division of Health may direct. The Division of Health shall have the power to order the destruction of any animal so affected, and it shall be the duty of the owner or person in charge thereof to comply immediately with the terms of such order. The Division of Health or the Board shall not be liable for the value of any animal so destroyed.
[1999 Code § 8.72.190]
Whenever any animal shall be bitten by another animal affected with rabies, the owner or person in charge of the animal so bitten shall, according as the Division of Health may order, either have such animal destroyed or have it isolated for a period of six (6) months.
[1999 Code § 8.72.200]
a. 
Whenever a dog or other animal not vaccinated against rabies within one (1) year shall have bitten any person not a member of the dog owner's family or household, the owner or person in charge thereof shall either surrender the animal for quarantine in accordance with instructions of the Division of Health, to be quarantined for such observation period not exceeding ten (10) days, as may be deemed safe by the Board, or shall arrange with the Division of Health for the quarantine of such animal for a like period by a veterinarian at the expense of the owner or person in charge of the animal. If the person bitten is a member of the animal owner's family or household, the animal may be quarantined at home for a similar period. Dogs with nursing puppies may also be quarantined at home.
b. 
Whenever any vaccinated dog or other animal has bitten any person and the vaccination was not performed at least three (3) months prior to the bite, as shown by a certificate of a licensed veterinarian, such animal shall be quarantined in the manner as provided for in paragraph a. above.
[1999 Code § 8.28.010]
As used in this section:
FOOD DEALER
Means and includes every person, firm or corporation, his, her, its or their agents, servants or employees, engaged in the business of selling, offering or exposing for sale, food at retail for human consumption either on or off the premises where sold.
MEAT
Means and includes poultry and fish as well as the other varieties of meats.
[1999 Code § 8.28.020]
It is unlawful for any food dealer in the Township as defined in subsection 12-12.1, to sell or offer or expose for sale, at retail, any sealed, prepackaged, unprocessed or untreated fresh-cut meat or frozen meat unless the packaging thereof is colorless and transparent on all sides, exclusive of labeling, which labeling shall not occupy more than ten (10%) percent of one (1) side of the package, or which fresh-cut meat or frozen meat is layered or shingled, making the entire contents of the package not wholly visible. This section shall not apply to meat commonly designated or known as "chopped meat" or "ground meat."
[1999 Code § 8.28.030]
Any person, firm or corporation, his, her, its or their agents, servants or employees, found guilty of a violation of any of the provisions of this section, shall, for each such violation, be liable to the penalty stated in Chapter I, Section 1-5.
[1999 Code § 8.80.010; Ord. No. O.1646-2008§ IV]
As used in this section:
EMPLOYEE
means any person who handles food during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food is prepared or served.
FOOD AND DRINK
Means all substances, except drugs, used or intended to be used for human consumption, whether simple, mixed or compounded.
FROZEN DESSERTS
Means ice cream, milk sherbet, ice or ice sherbet or frozen confection.
OPERATOR
Means any person who conducts a food-handling establishment, maintains a food vending machine or vends food within the Township.
PEDDLER
Means a person engaged in selling uncooked food products from a vehicle.
TEMPORARY RETAIL FOOD ESTABLISHMENT
Means any establishment which operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering, including church suppers, picnics or similar organizational meeting, as well as agricultural markets conducted on a regular basis.
UTENSIL
Means and includes any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food comes in contact.
[1999 Code § 8.80.020]
a. 
No person shall operate a food handling establishment, restaurant or itinerant restaurant, maintain a food vending machine or peddle or vend food from a vehicle, within the Township, without first making written application for a license to the Division of Licenses and Permits and securing the approval of the Division of Health for the conduct of such activity under the conditions specified.
b. 
This regulation shall not apply to taverns where no food is served.
c. 
Food vending vehicles shall not be permitted to operate between the hours of 10:00 p.m. and 8:00 a.m. without a special permit issued by the Division of Health.
[1]
Editor's Note: License fees may be found in Section 12-6 of this chapter.
[1999 Code § 8.80.030]
The seating capacity of each restaurant shall mean the total of each chair, stool or other individual unit. Where benches are used or standing space is offered at a bar or counter, each twenty (20) inches of linear length of such bench, counter or bar shall constitute a unit of serving capacity.
[1999 Code § 8.80.040]
a. 
Every food handler and every person who is charged with supervision of the operations of a restaurant or other eating place shall successfully complete, within one (1) year of the commencement of his employment, a course in food handling acceptable to the Division of Health.
b. 
The Health Officer may, at his or her discretion, when found necessary, require such persons to attend supplementary courses.
c. 
No restaurant or other eating place shall employ a food handler or a supervisor in charge of its operation unless he complies with paragraph a. above.
[1999 Code § 8.80.050]
The provisions of subsection 12-13.4 shall not apply to handlers of any food which is ordinarily cooked or peeled before consumption or which is enclosed in cans or other packages.
[1999 Code § 8.80.060]
The Division of Health shall inspect as often as it is deemed necessary every food handling establishment. The operator of a 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 Division of Health.
[1999 Code § 8.80.070]
No food or drink for human consumption shall be sold or offered for sale which has been exposed to any communicable disease or which is unfit, unwholesome, impure, decayed, diseased, misbranded or adulterated according to the meaning of Title 24 of the Revised Statutes of the State of New Jersey, or of the Federal Food, Drug and Cosmetic Act, or which contains or has been exposed to any foreign or injurious contamination.
[1999 Code § 8.80.080]
a. 
All employees shall wear clean, washable outer garments and shall keep their hands and arms clean at all times while engaged in handling food, drink, utensils or equipment; they shall not expectorate or use tobacco in any form in any room in which food is prepared or stored.
b. 
Employees with open lesions or cuts on hands shall not handle food. Employees having long hair shall wear hair nets while serving food. Employees with acute respiratory and acute intestinal illnesses or other diseases in a communicable stage shall not be permitted to work on the premises during the period of such illness.
[1999 Code § 8.80.090]
No person for any purpose shall, at any time, moisten with saliva, directly or indirectly, any food or any wrapper in which food is placed, or any label affixed to any such food or wrapper.
[1999 Code § 8.80.120]
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
[1999 Code § 8.80.130]
Every food handling establishment shall be provided with at least one (1) washroom. In any food handling establishment hereafter constructed where both males and females are employed or served, such facilities shall be provided for separate use of each sex and the washrooms shall not open directly into any room in which food or utensils are handled or stored. Each washroom shall be provided with an adequate number of flush toilets and handbasins and urinals, as required. Privies or earth closets are prohibited. The doors of all toilet rooms shall be self-closing. Hand-washing signs shall be posted in each washroom used by employees.
[1999 Code § 8.80.140]
Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels or air-drying facilities. The use of common towels is prohibited. Employees shall not resume work after using the toilet room or subjecting the hands to other contaminating contact without first washing the hands and arms.
[1999 Code § 8.80.150]
The floors, walls, ceilings, shelving, partitions, windows, doors and other surfaces shall be made of or coated with a smooth, tight, washable surface material which shall be kept clean and in good repair in those rooms in which food is stored, prepared or served or in which utensils are washed or in which toilet facilities are provided.
[1999 Code § 8.80.170]
From April 1 to November 1, all outer openings shall be effectively screened and all screened doors shall be self-closing. This requirement shall not apply when and where air-conditioning equipment is functioning.
[1999 Code § 8.80.180]
Suitable sinks with running hot and cold water shall be easily accessible to or in all rooms in which food is prepared or utensils are washed. The water supply system shall be adequate as to quantity and quality and meet the standards prescribed by the State Department of Health of New Jersey and/or the Division of Health.
[1999 Code § 8.80.200]
All refrigerators and iceboxes used for the storage of food shall be kept clean and in good repair. The compartments used for the storage of ice shall be lined with some proper, impervious substance so as to be watertight. Foods and containers of food shall be stored in the refrigerator so as to permit free circulation of cold air and in such manner as to prevent contamination.
[1999 Code § 8.80.210]
All perishable food shall be kept at or below fifty degrees Fahrenheit (50° F.) or above one hundred fifty degrees Fahrenheit (150° F.) except when being prepared or served; such temperatures shall be maintained while in vehicles used for transporting same.
[1999 Code § 8.80.220]
All equipment used in the preparation, handling and storage of food shall be so constructed, located and installed as to be easily cleaned, shall be kept clean and sanitary at all times and shall be kept in good repair.
[1999 Code § 8.80.230]
Food shall be protected during all processes and at all times, including delivery, from insects, rodents, dust, dirt and all foreign or injurious contamination. These requirements shall be interpreted to prohibit the self-handling of food by those being served, except at buffets, smorgasbords, salad bars or other foods offered where the consumer may make a choice to partake and shall provide for the protection of all foods from droplet contamination and shall mandate the use of sterile disposable gloves when deemed necessary by the Division of Health.
[1999 Code § 8.80.240]
No fruit, vegetables or other food shall be placed or exposed for sale upon any sidewalk or outside of any building unless placed upon structures having a height of at least twenty-four (24) inches above the sidewalk or ground.
[1999 Code § 8.80.250]
All individually used multiuse utensils shall be thoroughly cleaned and effectively sanitized after each use. All utensils shall be free from coliform bacilli and shall have a total bacterial count of not more than one hundred (100) per utensil as determined by examination in a laboratory approved by the Division of Health.
[1999 Code § 8.80.270]
The use of any utensil used in the preparation, service or sale of food which is badly worn or rusted, corroded or in such condition that it cannot be rendered clean and sanitary by washing is prohibited.
[1999 Code § 8.80.290]
Single-service utensils shall be purchased only in original protective containers and shall be stored therein in a clean, dry place in order to protect the inner and contact surfaces from contamination prior to use. Single-service containers shall be used only once.
[1999 Code § 8.80.310]
All foodstuffs shall be arranged and displayed in an orderly and systematical manner so as to improve appearance and to facilitate cleaning and inspection.
[1999 Code § 8.80.320]
No food intended for human consumption shall be deposited or allowed to remain less than twenty-four (24) inches above any street or floor unless contained in covered receptacles so as to be protected from animals.
[1999 Code § 8.80.330]
No person shall bring into the Township for sale or delivery any food for human consumption which has not been manufactured, prepared, handled, stored, sold or served under conditions of cleanliness, sanitation and protected from contamination.
[1999 Code § 8.80.340]
Suitable watertight, clean containers made of an impervious material shall be provided for receiving and holding all garbage and other waste material. A tight-fitting cover shall be provided for each can. The can shall be kept covered and shall not be allowed to become a nuisance. All garbage and other waste matter shall be removed from the premises and disposed of as often as may be necessary, in a manner approved by the Division of Health.
[1999 Code § 8.80.360]
Any food handling establishment, restaurant, delivery vehicle or other place where food for human consumption is manufactured, prepared, handled, sold, stored, served or transported shall, upon offer of value, deliver to the Division of Health or its authorized representative such samples of food for analysis as may be necessary or requested.
[1999 Code § 8.80.370]
a. 
Whenever any substance intended as food for human consumption is found being offered or exposed for sale, or held in possession with intent to sell, which is, in the opinion of the Division of Health, unfit for human use or liable to cause or transmit disease, the Division of Health may embargo or order the same removed and disposed of. It shall be the duty of the operator of such establishment to remove and dispose of it at his own expense according to the directions of the Division of Health. In case the operator shall fail to remove and dispose of such substance so ordered, such substance may be caused to be removed by the Division of Health at the expense of said operator.
b. 
Any embargoed substance shall be moved or disposed of under the supervision of the Division of Health.
[1999 Code § 8.80.380]
The presence in any part of a food handling establishment of any food, raw material, prohibited coloring matter or preservative shall constitute evidence of its intended use.
[1999 Code § 8.80.390]
a. 
All poultry, meats, oysters, clams and mussels shall be purchased from sources approved by the State Department of Health.
b. 
All beef, pork, veal, mutton or lamb shall have been examined, passed and stamped or labeled as fit for human consumption by a meat inspector appointed by the United States Government or other approved agency.
[1999 Code § 8.80.400]
a. 
The owner, proprietor or person in charge of any retail food store, restaurant or other establishment within the Township where meat is prepared for sale, distribution or consumption, cooked or uncooked, either shall use a separate meat grinder or multiple-piece unit, excluding the motor, solely for the grinding of pork and pork products. Equipment shall be so identified with a tag affixed thereon.
b. 
No person operating a market or other establishment within the Township wherein ground fresh meat is packaged and/or sold shall package and/or sell such ground fresh meat unless such package is plainly labeled as to the kinds of meat contained therein, including any additions of nonmeat substances added thereto.
c. 
All hamburger, chopped or ground veal, mutton, lamb or pork or combinations thereof shall not contain more than thirty (30%) percent of fat as determined either by a chemical analysis or a fat analyzer.
d. 
Sausage or similar pork products shall not contain more than fifty-five (55%) percent fat as determined by chemical analysis.
e. 
Where a raw pork product is processed or offered for sale or sold to the consumer in a retail establishment, sign shall be provided and conspicuously posted in the establishment; and where a raw pork product is displayed for sale in such establishment, its display case, tray or pan shall also be provided with a sign having the following statement clearly and legibly printed or stated on a contrasting background thereon and of such size and so placed as to be, in the opinion of the Department, clearly visible to the purchaser: "The raw pork product displayed herein must be thoroughly heated or cooked so that all portions thereof reach a temperature of not less than one hundred sixty-five degrees Fahrenheit (165° F) to prevent trichinosis."
f. 
Wherein trays or pans are used for storage or display of fresh meat or fresh meat by-products, individual trays shall be utilized for each item to prevent cross-contamination.
[1999 Code § 8.80.410]
a. 
No unplucked poultry shall be kept, sold or offered for sale in any food handling establishment where other foods are sold, unless such unplucked poultry shall be kept in a refrigerated case and apart from other food.
b. 
No poultry shall be dry-plucked in any food handling establishment unless a separate room is provided, to be used exclusively as a plucking room. The floors, walls and ceilings of the plucking room shall be kept in a clean and sanitary condition and in good repair and shall be painted whenever required by the Division of Health. The floors, walls and fixtures in the plucking room shall be washed at the close of each day's work with a disinfecting solution and flushed with clean water. Suitable impervious receptacles with tight-fitting covers for the holding of feathers shall be provided, and the feathers shall be removed daily from the premises and the receptacles thereupon disinfected.
[1999 Code § 8.80.420]
Pork products when served must have been heated to a temperature of one hundred sixty-five degrees Fahrenheit (165° F) or be approved for direct consumption without further heat treatment by virtue of prior approved treatment.
[1999 Code § 8.80.440]
a. 
All commercially prepared custard- or cream-filled bakery products shall be made under clean conditions.
1. 
Only pasteurized milk or cream shall be used.
2. 
The mix shall be heated to a minimum of one hundred forty-two degrees Fahrenheit (142° F) for a period of not less than thirty (30) minutes.
3. 
Upon completion of cooking the mix, it shall be immediately transferred into previously sterilized containers, properly covered, and chilled without delay to fifty degrees Fahrenheit (50° F) or below and maintained at such temperature until used.
4. 
The filling apparatus shall be of a suitable impervious material and shall be cleaned and properly sterilized before each use. No cloth filling bags shall be used.
5. 
The hands of employees shall not touch custards or cream fillings during their preparation.
6. 
All windows and showcases used to display custard- and cream-filled pastries shall be chilled to fifty degrees Fahrenheit (50° F) or below.
b. 
Custard- and cream-filled pastries shall not be sold or delivered from vehicles unless stored in a compartment maintained at fifty degrees Fahrenheit (50° F) or below, unless on a special trip and delivery is completed within two (2) hours.
[1999 Code § 8.80.450]
All ice cream, ice-cream products or frozen confections (including any coating) shall contain not more than ten coliforms per gram and not more than thirty thousand (30,000) bacteria per cubic centimeter as determined by examination in a laboratory approved by the Division of Health.
[1999 Code § 8.80.460]
No horseflesh shall be sold unless originated from an animal slaughtered under a United States Government license, and unless every carcass, piece and parcel thereof so exposed for sale, or sold, shall have conspicuously attached thereto a label or tag stamped, in letters not less than one (1) inch in height, with the words "Horse Flesh."
[1999 Code § 8.96.010]
Editor's Note: License fees may be found in Section 12-6 of this chapter.
No person shall manufacture for resale, sell or deliver any ice without first making written application for a license and securing the approval of the Division of Health for the activity. The application shall contain a true and accurate statement as to the source of supply or of the water from which the ice was made.
[1999 Code § 8.96.020]
No person licensed to sell ice shall change the source of such supply of ice or water without giving immediate notice to that effect to the Division of Health.
[1999 Code § 8.96.030]
No person shall sell or deliver ice which is unfit for use for domestic purposes or which has been cut or made from any impure or polluted water or which is obtained from a source which is not approved by the Division of Health.
[1999 Code § 8.96.050]
Any person engaged in the sale, delivery or manufacture for resale of ice shall, upon tender or offer of value, deliver to the Division of Health or its authorized representative such samples of ice or water from which it is made, for analysis, as may be necessary or requested.
[1999 Code § 8.108.010]
MILK
Is defined to be the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before and five (5) days after calving, or such longer period as may be necessary to render the milk practically colostrum free, which contains not less than eleven and one-half (11 1/2%) percent of watery fluids nor less than three (3%) percent of milk fats. Milk shall mean and include milk, certified milk and also that which has been pasteurized, homogenized, irradiated, modified, skimmed, concentrated or otherwise processed or treated, but shall not include or mean condensed, evaporated or dried milk in hermetically sealed containers.
[1999 Code § 8.108.020]
No person shall sell or deliver milk, milk products or fluid milk products in the Township unless such milk or milk products comply with the standards and quality required by, and were produced, handled, processed and transported in accordance with, the provisions of Title 24 of the Revised Statutes of New Jersey as amended, the Sanitary Code enacted by the Department of Health of the State of New Jersey, and the provisions of this section.
[1999 Code § 8.108.030]
Milk and fluid milk products shall be cooled to a temperature of fifty degrees Fahrenheit (50° F) or below, and maintained at that temperature during storage, distribution, shipment, transportation and until delivered to the consumer.
[1999 Code § 8.108.040]
a. 
No person, either as principal or through agent or employee, shall engage in the business of sale or distribution of milk in the Township without a license issued by the Division of Health; provided that no license shall be required for the proprietor of a public eating establishment to sell for consumption on the premises milk or cream obtained from a person licensed hereunder.
b. 
Each vehicle or premises from which milk or cream is sold or delivered shall require a separate license.
[1]
Editor's Note: License fees may be found in Section 12-6 of this chapter.
[1999 Code § 8.108.050]
No person having been granted a license hereunder shall procure for sale or delivery in the Municipality any milk or cream from a source other than the source specified on the application for a license hereunder, without having obtained authorization from the Division of Health.
[1999 Code § 8.108.060]
Vehicles used for the distribution of milk shall be constructed and operated so as to protect their contents from the sun, freezing and from contamination.
[1999 Code § 8.108.070]
Any person engaged in the sale, delivery or manufacture for resale of milk or milk products shall, upon tender or offer of value, deliver to the Division of Health or its authorized representative such samples for analysis as may be necessary or requested.
[1999 Code § 8.84.010]
a. 
As used in this section:
CONTROLLED LOCATION VENDING MACHINE (LIMITED SERVICE VENDING MACHINE)
Means a vending machine which:
1. 
Dispenses only nonpotentially hazardous food;
2. 
Is of such design that it can be filled and maintained in a sanitary manner by untrained persons at the location;
3. 
Is intended for and used at locations in which protection is assured against environmental contamination.
VENDING MACHINE
Means any self-service device which upon insertion of a coin, paper currency, token, card or key dispenses unit servings of food, either in bulk or in packages, without the necessity of replenishing the device between each vending operation. It shall also include self-service dispensers equipped for coin, paper currency, token, card or key operation and optional manual operation. Unless otherwise stated, "vending machine" includes controlled location vending machines.
b. 
All terminology in the above definitions shall be interpreted as provided by the provisions of N.J.A.C. 8:24-1.3.
[1999 Code § 8.84.020]
No person shall operate a food vending machine without first making written application for a license to the Division of Licenses and Permits and securing the approval of the Division of Health for the conduct of such machine at a stated location. A separate license shall be secured for each machine.
[1]
Editor's Note: License fees for food vending machines may be found in Section 12-6, License Fees.
[1999 Code § 8.84.040]
Food and ingredients intended for sale through vending machines shall be obtained from sources complying with the regulations of the Township and with other applicable State and Federal laws and regulations. Such products shall be clean and wholesome, free from spoilage and shall be processed, handled and stored in such a manner as to be protected against contamination and adulteration. All products, contact surfaces of containers and equipment shall be protected from contamination.
[1999 Code § 8.84.050]
Such machine shall be so located as to minimize the possibility of contamination of the product, shall be easily cleanable and shall be kept clean. Each machine shall receive an adequate degree of lighting by natural or artificial means.
[1999 Code § 8.84.070]
All interior surfaces and component parts of such vending machines shall be so designed and constructed as to permit easy cleaning and shall be kept clean. All product contact-surfaces of the machines shall be smooth, nontoxic, corrosion-resistant and shall be capable of withstanding repeated cleaning and bactericidal treatment by normal procedure. Such surfaces shall be protected against contamination.
[1999 Code § 8.84.080]
Water used in vending machines shall be from an approved source and shall be of a safe and sanitary quality.
[1999 Code § 8.84.090]
All wastes from such machines shall be properly disposed of and, pending disposition, shall be so kept as to prevent creating a nuisance.
[1999 Code § 8.84.100]
Food and ingredients and product contact-surfaces of containers, equipment and supplies shall be protected from contamination while in transit to such vending machines. Readily perishable foods while in transit shall be maintained at or below fifty degrees Fahrenheit (50° F) or at or above one hundred fifty degrees Fahrenheit (150° F).
[1999 Code § 8.132.010]
As used in this section:
OPERATE
Means maintain or undertake to maintain any such self-service laundry equipment, either as owner, agent or manager.
RENTAL SELF-SERVICE LAUNDRY
Means any retail establishment where a series of washing, drying or ironing machines are installed for the use of the general public. The provisions of this section shall not apply to the home of a person performing laundry work for a regular family trade.
RESIDENTIAL SELF-SERVICE LAUNDRY EQUIPMENT
Means any automatic or semiautomatic washing, drying, ironing or other laundry machine, or group or battery of such machines regardless of type or make, installed in any multiple dwelling, project, housing development or unit for the use of the tenants of such multiple dwelling, project, housing development or unit, and for the use of which a special charge, payment or other consideration is required, either by insertion of a coin, payment to an attendant or otherwise.
[1999 Code § 8.132.020]
No person shall operate rental or residential laundry equipment in the Township without a license approved by the Division of Health.
[1]
Editor's Note: License fees may be found in Section 12-6, License Fees.
[1999 Code § 8.132.030]
The licensee shall at all times be held strictly responsible for the installation, maintenance and operation of the self-service laundry equipment at all locations serviced.
[1999 Code § 8.132.040]
a. 
All plumbing fixtures and appliances shall be properly installed and connected in accordance with the requirements of the plumbing regulations of the State Uniform Construction Code.
b. 
Plumbing fixtures and appliances shall be maintained in good repair and in clean and sanitary condition.
[1999 Code § 8.132.050]
Each machine or group of machines shall be so installed in a building as to receive a proper and adequate degree of lighting by natural or artificial means.
[1999 Code § 8.132.060]
Machines shall not be installed and located in such a manner that they shall be exposed to unsanitary conditions. Floors under and adjacent to washing machines shall be constructed of nonabsorbent, watertight material and shall be maintained in a sanitary condition and kept free of accumulation of waste water at all times. The inner and outer surfaces of tubs and cylinders shall be kept visibly clean, sanitary and free from accumulation of residues and other debris. Within twenty-four (24) hours after the licensee or his or her representative has been notified that any washing machine or other installation controlled or operated by him or her is broken or defective, he or she shall cause such machine or machines to be inspected by capable repairmen and to be properly repaired, replaced or disconnected from service.
[1999 Code § 8.132.080]
All washing units shall be capable of laundering by a high-temperature process. The high-temperature process shall mean and include the washing of fabrics in water of a temperature of one hundred forty degrees Fahrenheit (140° F) or more for a minimum cleansing and an adequate series of rinses to render negligible any danger of bacterial contamination. Washing units capable of laundering at lower temperatures should be conspicuously marked. Where practicable, water temperature shall be measured at the delivery point to the machine unit.
[1999 Code § 8.100.010]
A code regulating the location, construction, alteration, use and supervision of individual and semipublic water supplies, requiring certain permits, providing for the inspection of such supplies, the fixing of fees and prescribing penalties for violations is 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.
[1999 Code § 8.100.020]
The code established and adopted by this section is described and commonly known as the "Water Supply Code of New Jersey (1959)."
[1999 Code § 8.100.030]
Three (3) copies, of the Water Supply Code of New Jersey (1959) have been placed on file in the Office of the Secretary, Clerk or other similar officer of this Health Advisory Board upon the introduction of this section and will remain on file in said office for the use and examination by the public.
[1999 Code § 8.100.040]
a. 
No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of the water supply shall have been approved by the Health Advisory Board.
b. 
The Board may approve a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the water supply as proposed is in compliance with the code.
[1999 Code § 8.100.050]
a. 
New water supplies 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 supply for water, until the Board shall have approved a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code. Issuance of such certificate shall not be required for alteration to an existing water supply.
b. 
The Board may approve such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing, signed by him or her, to the Board, that the water supply has been located and constructed in accordance with the terms of the permit and the requirements of the aforesaid code.
[1999 Code § 8.100.060]
In case any permit or certification required by this section is denied by the Board, a hearing shall be held thereon before the Board within fifteen (15) days after request therefor is made by the applicant, and upon such hearing the Board shall affirm, alter or rescind its previous determination and take action accordingly within fifteen (15) days after the date of such hearing.
[1999 Code § 8.100.070]
The Board may order all further work in and about any water supply 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 water supply or any part thereof, no further work shall be done thereon except as aforesaid.
[1999 Code § 8.100.080]
The following fees and charges are herewith established:
a. 
For the filing of an application and plans for a permit to locate and construct a water supply, a fee of ten ($10.00) dollars.
b. 
For the filing of an application and plans for a permit to alter an existing water supply, a fee of ten ($10.00) dollars.
c. 
For the issuance of a permit to locate and construct or alter a water supply, a fee of five ($5.00) dollars.
d. 
For each reinspection of a water supply or part thereof caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid code, an inspection fee of five ($5.00) dollars shall be charged.
[1999 Code § 8.100.090]
All applications for permits required by this section shall be made in writing to the Division of Licenses and Permits and such permits shall not be issued until approved by the Board.
[1999 Code § 8.104.010]
There shall be permitted, until such time as a public sanitary sewer is constructed along the street bounding that property, a septic tank of a style, size and kind that shall be approved by the Division of Health.
[1999 Code § 8.104.030]
No person shall engage in the business of construction or reconstruction of individual sewerage facilities unless approved and licensed by the Division of Health. Prior to issuance of license, a performance bond in the sum of five thousand ($5,000.00) dollars must be posted with the Division of Health.
[1999 Code § 8.104.040]
a. 
No septic tank, house sewer, effluent sewer, distribution box, seepage pit, disposal field or any connections shall hereafter be constructed or reconstructed in the Township without a permit for that purpose being first approved by the Division of Health upon such terms and conditions as the Division of Health may direct.
b. 
The permit issued must be displayed in a conspicuous place on the property for which it was issued.
c. 
No septic tank disposal system is to be covered or used until inspected and approved by the Division of Health.
d. 
No permit for the construction or reconstruction of any septic tank or any of its component parts shall be granted until the permeability of the soil is first determined by a percolation test meeting all the requirements set forth by this section.
[1999 Code § 8.104.060]
Where in any street or section of street there is now constructed a public sewer, or where hereafter in any street or section of street there may be constructed a public sewer for the purpose of carrying off sewage, the owner or owners of property abutting on, adjacent to or along the line of any such sewer so constructed shall, within thirty (30) days after being notified by the Division of Health, connect the houses and buildings on such property with such public sewer in a proper manner.
[1999 Code § 8.104.070]
a. 
Seepage pits and dry wells must be constructed in a manner approved by the Division of Health.
b. 
Dry wells may be used only for receiving drainage from roofs, areaways, etc., but shall not be used for the disposal of any sanitary sewage, septic tank effluent or laundry wastes.
[1999 Code § 8.104.080]
No drainage line from any roof, porch, shed, areaway, etc., or any other medium of drainage disposal resulting from rain, snow, sleet or hail, shall be permitted to be connected either permanently or temporarily to any public sanitary sewer or septic tank within the boundaries of Edison Township.
[1999 Code § 8.104.100]
Every contractor or person in charge of any construction or repair work in the Township shall provide toilet accommodations for the persons employed in such construction whenever it shall be deemed necessary by the Division of Health. If a connection with a sewer is not practicable, then application shall be made for a permit to install and maintain a temporary privy vault in accordance with the rules adopted by the Division of Health. All temporary privy vaults must be built and maintained in such a manner that flies, etc., cannot gain access to the contents.
[1999 Code § 8.104.110]
Any owner or occupant of any premises within this Township shall cleanse every cesspool or septic tank upon such premises and remove the contents therefrom upon notice in writing to that effect from the Division of Health.
[1999 Code § 8.104.130]
Any scavenger who shall commence to clean or empty any septic tank shall, without interruption or delay, proceed with the work until it is completed and the material removed from the premises; such material shall first be disposed of in such manner and place as approved by the Health Officer.
[1999 Code § 8.104.140]
Every person engaged in the business of removing the contents of any septic tank, where such contents are to be carried through any public street or highway of the Township, shall use in such business a suitable conveyance for carrying such contents, provided with watertight tanks with close-fitting lids or covers, or some other suitable conveyances to be first approved for such use by the Division of Health.
[1999 Code § 8.116.010]
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of licenses to locate and construct, alter or operate swimming pools and declaring and defining certain swimming pools as nuisances and fixing penalties for violations is adopted pursuant to N.J.S.A. 26:3-69.1 through 3-69.6. A copy of said code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
[1999 Code § 8.116.020]
The code established and adopted by this section is described and commonly known as the "Swimming Pool Code of New Jersey (1970)," as amended from time to time. Three copies of the Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Clerk of the Township upon the introduction of this section and will remain on file in said office for the use and examination by the public.
[1999 Code § 8.116.030]
a. 
No commercial swimming pool shall be permitted in the Township.
b. 
Exception. No swimming pool shall be permitted in the Township unless operated by a chartered organization or corporation upon a nonprofit private membership club plan with a membership at all times consisting of a minimum of seventy-five (75%) percent bona fide residents of the Township.
c. 
Since swimming pools may be inimical to the health, public safety and general welfare if located without the due consideration of conditions and surroundings, no permit therefor, shall be issued except upon application first made to the Board of Adjustment, which is directed to hear the same in the same manner and under the same procedure as the Board of Adjustment is empowered by law and ordinance to hear cases and make exceptions to the provisions of the zoning ordinance, and empowered to recommend in writing to the Municipal Council of the Township that a permit for such use be granted if, in its judgment, it will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.
1. 
The Municipal Council may by resolution approve such recommendation by the Board of Adjustment. In determining whether to approve or disapprove such recommendation by the Board of Adjustment, the Municipal Council shall apply the same standards and criteria as those to be applied by the Board of Adjustment.
2. 
Nothing herein contained shall be construed to authorize the issuance of a permit for the construction of a swimming pool in those districts of the Township in which they are otherwise prohibited by the zoning ordinance of the Township.
d. 
Notwithstanding authorization having been obtained as heretofore provided, no person shall locate and construct, alter or operate a swimming pool until licenses therefor shall have been issued by the Health Advisory Board and permit for the construction thereof obtained from the Construction Official.
e. 
Suitable and appropriate trees, shrubbery, planting or fencing shall be provided and maintained so that neither the pool itself nor the bathers using it are visible at any time to a person standing on the ground on any adjoining street or on any contiguous property, except that this provision does not apply to diving boards or platforms or to bathers while they are on such diving boards or platforms.
f. 
Sound-absorbing and deflecting structures and planting, shrubbery and trees shall be provided in such manner and such number as to effectively reduce the sounds from the pool as heard on continuous property or streets, to the end that there shall be no unreasonably loud noise which is abnormal to the surrounding neighborhood.
g. 
All areas surrounding the pool shall be made and kept neat and attractive so as to be in conformity with surrounding property, and no rubbish, debris or litter shall be permitted to remain or accumulate in or about the pool.
h. 
The pool shall be completely surrounded by such fencing as will effectively exclude children or trespassers, except that gates shall be provided which shall be kept locked when the pool is not in use.
[1999 Code § 8.116.040]
The following fees and charges, in addition to those normally charged for building construction, are herewith established:
a. 
For the issuance of a permit to locate and construct a swimming pool, one hundred ($100.00) dollars.
b. 
For the issuance of a permit to alter a swimming pool, fifty ($50.00) dollars.
[1999 Code § 8.116.050]
Licenses issued for the operation of a swimming pool shall expire annually on December 31 of each year, and application for the renewal thereof shall be submitted, together with the required fee, prior to April 30 of each year. The license fees shall not be prorated.
[1]
Editor's Note: Fees for licenses to operate a nonresidential swimming pool may be found in Section 12-6, Health License Fees.
[1999 Code § 8.116.060]
Licenses required by this section may be denied or suspended by the Health Advisory Board for failure to comply with this section. The Board shall afford the person whose license 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 the Board's decision.
[1999 Code § 8.120.010]
As used in this section:
PERMANENT RESIDENTIAL SWIMMING POOL
Means and includes any artificially constructed swimming pool or tank which is affixed to the real estate and which is established or maintained upon any premises by an individual for his or her own or his or her family's use or the use of guests of his household.
PORTABLE RESIDENTIAL SWIMMING POOL
Means and includes any artificially constructed swimming pool or tank which is not stationary or permanently affixed to the real estate and which has over one hundred twenty (120) square feet of area, twelve (12) feet in diameter or eighteen (18) inches of water depth, and which is established or maintained upon any premises by an individual for his or her own or his or her family's use or the use of guests of his or her household.
[1999 Code § 8.120.020]
No person, firm or corporation shall construct, install, establish, alter or maintain in the Township a residential swimming pool unless licensed to do so by the Division of Licenses after approval by the Health Officer of Edison Township. Upon being satisfied that the proposed pool conforms to the requirements of this section, the Health Officer shall approve a license, for a term expiring on the last day of April next succeeding the day of issuance. Application for renewal shall be made in writing not less than thirty (30) days prior to the expiration of the same, and the Health Officer, upon being satisfied that such pool conforms to the requirements of this section, shall approve same upon payment of the license fee.
[1]
Editor's Note: License fees may be found in Section 12-6, Health License Fees.
[1999 Code § 8.120.030]
All material used in the construction of the pool shall be waterproofed and easily cleaned. Sand or earth bottoms shall not be used.
[1999 Code § 8.120.040]
All such pools shall be provided with a drainpipe of galvanized iron or approved equal material, of a diameter not over two (2) inches, which shall extend from the pool to a brook or to the storm sewer where the capacity is adequate as determined by the Township Engineer. No such pool drain shall be connected to the sanitary sewer system. If neither a brook nor storm sewer is readily available, emptying of the pool may be accomplished by pumping the water at a slow rate into a suitable dry well or through a hose connected to sprinklers which will spray the water upon the premises upon which pool is located.
[1999 Code § 8.120.050]
No such pool shall be constructed or installed nearer than six (6) feet from any property line or nearer to the street line on which the property fronts than the main front wall of the dwelling erected thereon. No such pool shall be constructed or installed on any lot except in connection with a dwelling constructed on the lot.
[1999 Code § 8.120.060]
Every such pool referred to in this section shall be fully enclosed by a suitable fence with a gate capable of being locked when the pool is not in use. Such fence shall have a minimum height of four (4) feet; if a woven fence, a mesh so that openings will not exceed four (4) by four (4) inches, or if other, a maximum distance between pickets of four (4) inches.
[1999 Code § 8.120.070]
a. 
Residential swimming pools using the fill-and-draw system shall be completely emptied, cleaned and refilled with fresh water at such intervals so as to maintain sanitary conditions as determined by chemical and physical tests. In such of those who employ the flow-through system, there shall be a continuous flow of fresh water into the swimming pool and a corresponding overflow. In such of those as employ the recirculation system, the water shall be drawn from the swimming pool and passed through mechanical filters or other clarifying equipment and then returned to the pool, tank or plunge at such intervals to maintain sanitary conditions as determined by chemical and physical tests.
b. 
The Division of Health may from time to time adopt minimum sanitary, chemical and bacterial standard methods and tests for determining compliance with minimum standards for such swimming pool.
c. 
The water of swimming pools using any one (1) or a combination of the systems mentioned in paragraph a. above shall at all times be maintained in a sanitary condition for bathing purposes.
d. 
Locker rooms, shower rooms, runways and other places used in conjunction with swimming pools shall be kept in a sanitary condition at all times.
[1999 Code § 8.120.080]
a. 
Physical connections between potable public or private water system and swimming pool circulation systems shall not be permitted.
b. 
Potable water for filling swimming pools, tanks or plunges or for makeup purposes shall be introduced in such a manner as to prevent siphonage, either into a float-controlled surge tank having an air gap of at least six (6) inches above the overflow rim of the tank or directly into the pool by means of a discharge pipe turned downward with an air gap at least six (6) inches above the pool overflow level.
[1999 Code § 8.120.090]
Whenever any pool fails to comply with the requirements of this section, the Division of Health shall serve notice upon the owner or operator, by certified mail, stating the particulars in which the pool fails to conform. Upon issuance of such notice, the pool shall be closed until a subsequent inspection(s) indicates compliance.
[1999 Code § 8.120.100]
a. 
Emptying of pools may be accomplished by pumping water at a slow rate into a suitable dry well or through a hose connected to sprinklers which will spray water upon the premises upon which pool is located.
b. 
No pool shall be emptied so as to cause a nuisance or discomfort to adjoining property owners.
c. 
When pools are not to be used for periods of twenty-four (24) hours or more, they must either be emptied or properly protected so as not to endanger human health and life.
[1999 Code § 8.124.010]
It is unlawful for any person, partnership, association or corporation to operate any outdoor pond or lake in the Township for swimming or bathing purposes without having first obtained a license therefor in the manner hereinafter provided.
[1999 Code § 8.124.020]
Application for such a license shall be made to the Township Clerk, who may, in compliance with the hereinafter set forth rules and regulations, issue a license in writing upon payment of the annual license fee of two hundred fifty ($250.00) dollars. Application shall be made upon a form prepared by the Clerk, which shall require the following information:
a. 
Specific location of lake or pond;
b. 
Area and extent of lake or pond;
c. 
Sketch of property showing distances to nearest roads;
d. 
Maximum depth of the lake or pond;
e. 
Information as to number of bathing houses or dressing rooms;
f. 
Certificate of Health Officer as to acceptability of water for swimming or bathing purposes.
[1999 Code § 8.124.030]
Swimming or bathing shall be permitted in said ponds or lakes between the dates of May 30 and the day following Labor Day of each year. Bathing hours shall be between 10:00 a.m. and sunset.
[1999 Code § 8.124.040]
The bottom of any lake or pond so used for swimming or bathing purposes shall be graded so as to eliminate any sudden drop-offs or holes. The bottom slope where the depth is less than five and one-half (5 1/2) feet shall not be greater than one (1) to fifteen (15). There shall be no sudden change of slope where the pool or lake is less than five and one-half (5 1/2) feet. The bottom slope at depths greater than five and one-half (5 1/2) feet shall not be greater than one (1) to three (3). All areas to be used for bathing or swimming shall be marked by roping off the said sections to be used and marking the same at one (1) foot depth intervals, such markers to indicate the depth and to be plainly visible to all bathers at all times.
[1999 Code § 8.124.050]
Sufficient locker rooms, shower rooms, runways and other sanitary facilities shall be provided and shall be kept in proper and sanitary condition at all times. At least one (1) telephone must be available during the hours provided for bathing.
[1999 Code § 8.124.060]
All chemical and bacteriological analyses of the water shall be made in accordance with the procedure set forth in the current edition of "Standard Methods for the Examination of Water and Sewage," published jointly by the American Public Health Association and the American Water Works Association. The standard test for the coliform group shall consist of the presumptive and confirmed tests, the latter being required when presumptive evidence of coliform organisms is indicated. The standard test for total bacteria shall consist of the standard agar plate count at thirty-seven degrees (37° C) centigrade.
[1999 Code § 8.124.070]
The operator of the pond or lake shall have water samples analyzed by a laboratory approved by the Health Advisory Board unless otherwise directed by the Board or its authorized agent. Reports of all analyses shall be forwarded to the Board or its authorized agent within forty-eight (48) hours after completion. Samples shall be collected at least once weekly at the four (4) extreme ends of the pond or lake during periods of heavy bathing load. These samples shall be collected and handled and the bacterial quality standards shall be the same as provided in the "Swimming Pool Code of New Jersey (1955)."
[1999 Code § 8.124.090]
The pond or lake, when open for use, shall at all times be under the supervision of a competent director, who shall be responsible for all phases of the swimming or bathing operation, including the applicable provisions of this section.
[1999 Code § 8.124.100]
The requirements as to lifeguards shall be the same as in the "Swimming Pool Code of New Jersey (1955)."
[1999 Code § 8.124.110]
The Health Officer of the Board is designated as swimming pool inspector. Whenever any pond or lake, by reason of lack of proper supervision or failure to comply with the requirements of this section, is a hazard to public health or safety, the swimming pool inspector is authorized and directed to order the closing of the pond or lake until such time as no further hazard to the public health or safety exists.
[1999 Code § 8.124.120]
The portions of the Swimming Pool Code of New Jersey (1955) referred to herein, a copy of which code is annexed hereto and made a part hereof without inclusion of the text thereof herein, except as is included by specific reference thereto, are adopted. Three copies of the Swimming Pool Code of New Jersey (1955) have been placed on file in the office of the Clerk of the Township upon the introduction of this section and will remain on file in said office for the use and examination of the public.
[1999 Code § 8.128.010]
a. 
The owner, tenant, manager and all other persons maintaining, operating or in charge or control of any public place shall, at all times, keep and maintain every such public place and all parts thereof in a clean and sanitary condition and open to inspection by the Division of Health.
b. 
When used in this section, "public place" means any restaurant, lunchroom, cabin, barroom, hotel or other place where food or drink is offered for sale to the public and any camp, trailer camp, tourist home or public recreation place or place of business where toilet facilities or water for drinking or culinary purposes may be available for use of the public.
[1999 Code § 8.128.020]
Every public place shall contain the following:
a. 
A washroom containing adequate toilet facilities;
b. 
A sufficient quantity of toilet tissue;
c. 
Clean, individual towels, mechanically adjustable roller towels, or air-drying facilities;
d. 
A sanitary waste receptacle for towels customarily discarded after usage;
e. 
Separate toilets for male and female patrons;
f. 
An adequate supply of hand-cleansing soap or detergent shall be available at each hand-washing facility.
[1999 Code § 8.128.050]
Drinking fountains must be of the angle-stream bubbler-type or other accepted by the Plumbing Inspector. All fountains shall throw a stream not less than three (3) inches from the bubbler. It will be the responsibility of the property owner where a drinking fountain is located to keep same clean and free of debris.
[1999 Code § 8.112.050A]
a. 
Whereas excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; and, whereas a substantial body of science and technology exists by which excessive sound may be substantially abated; and, whereas the people have a right to, and should be ensured an environment free from excessive sound. It is therefore the policy of Edison Township to prevent excessive sound that may jeopardize the health, welfare or safety of the citizens or degrade the quality of life.
b. 
This section shall apply to the control of sound originating from stationary sources within the limits of the Township.
[1999 Code § 8.112.050B]
The Noise Control Code adopted by this section shall be enforced by the Department of Health and Human Services Director and his or her duly appointed designees.
[1999 Code § 8.112.050C]
As used in this section:
COMMERCIAL AREA
Means a group of commercial facilities and the abutting public rights-of-way and public spaces.
COMMERCIAL FACILITY
Means any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
a. 
Banking and other financial institutions;
b. 
Dining establishments;
c. 
Establishments for providing retail services;
d. 
Establishments for providing wholesale services;
e. 
Establishments for recreation and entertainment;
f. 
Office buildings;
g. 
Transportation;
h. 
Warehouses
CONSTRUCTION
Means any site preparation, assembly, erection repair, alteration or similar action, but excluding demolition of buildings or structures.
DECIBEL (dB)
Means the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to twenty (20) times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (twenty (20) micropascals); abbreviated dB.
DEMOLITION
Means any dismantling, intentional destruction, or removal of buildings or structures.
EMERGENCY WORK
Means any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way or abating life threatening conditions.
INDUSTRIAL FACILITY
Means any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.
MOTOR VEHICLE
Means any vehicle that is propelled or drawn on land by an engine or motor.
MUFFLER
Means a sound dissipative device or system for abating the sound of escaping gasses of an internal combustion engine.
MULTIDWELLING-UNIT BUILDING
Means any building wherein there are two (2) or more dwelling units.
NOISE
Means any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the State or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
Means the Noise Control Officer designated as the official liaison with all municipal departments, empowered to grant permits for variances.
NOISE CONTROL OFFICER
Means an officially designated employee of the Municipality, of a group of municipalities, or of the County, trained in the measurement of sound and empowered to issue a summons for violations of this section.
NOISE DISTURBANCE
Means any sound that: a. endangers the safety or health of any person; or b. disturbs a reasonable person of normal sensitivities, or c. endangers personal or real property.
PERSON
Means any individual corporation, company, association, society, firm, partnership, joint stock company, the State or any political subdivision, agency or instrumentality of the State.
PUBLIC RIGHT-OF-WAY
Means any street, avenue, boulevard, road, highway, sidewalk, alley that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Means either: a. the imaginary line including its vertical extension that separates one parcel of real property from another; or b. the vertical and horizontal boundaries of a dwelling unit that is one (1) in a multidwelling-unit building.
RESIDENTIAL AREA
Means a group of residential properties and the abutting public rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Means property used for human habitation, including but not limited to:
a. 
Private property used for human habitation;
b. 
Commercial living accommodations and commercial property used for human habitation;
c. 
Recreational and entertainment property used for human habitation;
d. 
Community service property used for human habitation.
SOUND LEVEL
Means the sound pressure level measured in decibels with a sound level meter set for A weighting; sound level is expressed in dBA.
SOUND LEVEL METER
Means an instrument used to measure sound level and conforms to Type 1 or Type 2 standards as specified by ANSI specification S1.4-1971.
WEEKDAY
Means any day, Monday through Friday, that is not a legal holiday.
[1999 Code § 8.112.050D; Ord. No. O.2013-2018]
a. 
The provisions of this section shall be enforced by the Department of Health and Human Services Director and his or her duly appointed designees.
b. 
The Noise Control Administrator shall have the power to:
1. 
Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable;
2. 
Review the actions of other municipal departments and advise such departments of the effect, if any, of such actions on noise control;
3. 
Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this section;
c. 
The Noise Control Administrator shall consult with the airport proprietor to recommend changes in airport operations to minimize any noise which the airport owner may have the authority to control in its capacity as proprietor. The Noise Control Administrator shall report on his or her efforts to the Governing Body.
d. 
A person shall be qualified to be a Noise Control Officer if the person has satisfactorily completed any of the following:
1. 
Community Noise - A Short Course" offered by the Department of Environmental Science of Cook College, Rutgers, the State University; or
2. 
A program of tutoring and on-the-job training offered by the New Jersey Department of Environmental Protection, Office of Noise Control to its employees; or
3. 
Education or experience or a combination thereof certified by the above Department as equivalent to the provisions of paragraph a or b.
e. 
Noise measurements made by Noise Control Officers shall be taken according to procedures specified by N.J.A.C. 7:29B, except as provided in subsection 12-27.6a.
[1999 Code § 8.112.050E]
a. 
All departments and agencies of Edison Township shall carry out their programs according to law and shall cooperate with the Noise Control Administrator in the implementation and enforcement of this section.
b. 
All departments charged with new projects or changes to existing projects that may result in the production of noise shall consult with the Noise Control Administrator prior to the approval of such projects to insure that such activities comply with the provisions of this section.
[1999 Code § 8.112.050E]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table 1 when measured at or within the real property line of the receiving property except as provided in paragraph b. below.
When measuring noise within a dwelling unit of a multidwelling-unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the room.
Table 1.
Maximum Permissible Sound Levels by Receiving Property Category, in dBA
Sound Source Property Category
Receiving Property Category
Another Dwelling Within a Multidwelling-Unit Building
Residential
Commercial
Industrial
7:00 a.m. -10:00 p.m.
10:00 p.m. - 7:00 a.m.
7:00 a.m. -10:00 p.m.
10:00 p.m.-7:00 a.m.
All Times
All Times
Any location within a multi-dwelling-unit building
45
40
55
50
65
75
Residential
55
50
65
75
Commercial or public spaces or rights-of-way
65
50
65
75
Industrial
65
50
65
75
b. 
The following are exempt from the sound level limits of Table 1:
1. 
Noise from domestic power tools, lawn mowers, and agricultural equipment shall be permitted when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays, provided that they produce less than eighty-five (85) dBA at or within any real property line of a residential property;
2. 
Sound from church bells and church chimes when a part of a religious observance or service;
3. 
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in subsection 12-27.7b6 of this section;
4. 
Noise from snowblowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal;
5. 
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29;
6. 
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated.
[1999 Code §§ 8.112.050F, 9.08.010B; amended 6-29-2022 by Ord. No. O.2149-2022]
a. 
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this subsection.
b. 
No person shall cause, suffer, allow, or permit the following acts regardless of maximum permissible sound levels as defined in subsection 12-27.6 of this chapter:
1. 
Sound reproduction systems: operating, playing, or permitting the operation or playing of any radio, television, phonograph, or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device;
2. 
Loudspeakers and public address systems: using or operating of any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 8:00 a.m. in the following day, such that the sound therefrom creates a noise disturbance across a residential real property line;
3. 
Animals and birds: owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration, makes sounds that create a noise disturbance across a residential real property line (for the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for ten (10) minutes or intermittently for thirty (30) minutes unless provoked);
4. 
Loading and unloading: loading, unloading, opening, closing or other handling or transportation of boxes, crates, containers, building materials, construction equipment, heavy equipment operated under its own motor or engine, lliquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 8:00 p.m. and 9:00 a.m. the following day when the latter is a legal holiday or a weekend day except by permit, when the sound therefrom creates a noise disturbance across a residential real property line;
5. 
Standing motor vehicles: operating or permitting the operation of any motor vehicle whose manufacturers gross weight is in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five (5) minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within one hundred fifty (150) feet (forty-six (46) meters) of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day, or in any other location whereby the noise created by such vehicle while stationary creates a noise disturbance across a residential property line between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a weekday, or between the hours of 8:00 p.m. and 9:00 a.m. the following day when the latter is a legal holiday or a weekend day;
6. 
Construction and demolition: operating or permitting the operation of any tools or equipment used in construction drilling, earthmoving, excavating, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, provided such equipment is equipped with a functioning muffler except for (a) emergency work; (b) by variance issued pursuant to subsection 12-27.9; or (c) when the sound level does not exceed any applicable limit specified in Table 1 of this section.
7. 
Repairs, construction work or maintenance, including use of lawn mowers or other types of equipment, which involves annoyance to person or persons, shall not be performed except on Monday through Friday, between the hours of 7:00 a.m. and 10:00 p.m., and on Saturdays and Sundays between the hours of 9:00 a.m. and 8:00 p.m.
[1999 Code § 8.112.050G]
The provisions of this section shall not apply to:
a. 
The emission of sound for the purpose of alerting persons to the existence of an emergency except as provided in subsections 12-27.6b5 and 12-27.6b6; or
b. 
The emission of sound in the performance of emergency work; or
c. 
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act;
d. 
Noise from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this section.
[1999 Code § 8.112.050H; Ord. No. O.2013-2018]
a. 
Any person who owns or operates any stationary noise source may apply to the Business Administrator for a variance from one (1) or more of the provisions of this section. Applications for a permit of variance shall supply information including, but not limited to:
1. 
The nature and location of the noise source for which such application is made;
2. 
The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his or her client, or the public if the permit of variance is not granted;
3. 
The nature and intensity of noise that will occur during the period of the variance;
4. 
The section or sections for which the permit of variance shall apply;
5. 
A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom;
6. 
A specific schedule of the noise control measures which shall be taken to bring the source into compliance with this section within a reasonable time;
b. 
Failure to supply the information required by the Business Administrator shall be cause for rejection of the application.
c. 
A copy of the permit of variance must be kept on file by the Municipal Clerk for public inspection.
d. 
The Business Administrator may charge the applicant a fee of twenty-five ($25.00) dollars to cover expenses resulting from the processing of the permit of variance application.
e. 
The Business Administrator may, at his or her discretion, limit the duration of the permit of variance, which shall be no longer than one (1) year. Any person holding a permit of variance and requesting an extension of time shall apply for a new permit of variance under the provisions of this section.
f. 
No variance shall be approved unless the applicant presents adequate proof that: 1. noise levels occurring during the period of the variance will not constitute a danger to public health; and 2. compliance with this section would impose an arbitrary or unreasonable hardship upon the applicant without equal or greater benefits to the public.
g. 
In making the determination on granting a variance, the Business Administrator shall consider:
1. 
The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property which is caused or threatened to be caused;
2. 
The social and economic value of the activity for which the variance is sought;
3. 
The ability of the applicant to apply best practical noise control measures.
h. 
The permit of variance may be revoked by the Business Administrator if the terms of the permit of variance are violated.
i. 
A variance may be revoked by the Business Administrator if there is:
1. 
Violation of one (1) or more conditions of the variance;
2. 
Material misrepresentation of fact in the variance application; or
3. 
Material change in any of the circumstances relied upon by the Business Administrator in granting the variance.
[1999 Code § 8.112.050I]
a. 
Issuance of Summons. Violation of any provision of this section shall be cause for a summons to be issued by the Noise Control Officer according to procedures set forth in this Code, relevant New Jersey Administrative Codes including but not limited to N.J.A.C. 7:29B., and New Jersey Rules of Court.
b. 
Abatement Orders.
1. 
Except as provided in paragraph b. below, in lieu of issuing a summons as provided in paragraph b. below, the Noise Control Officer may issue an order requiring abatement of any source of sound alleged to be in violation of this section within a reasonable time period and according to guidelines which the Noise Control Officer may prescribe.
2. 
An abatement order shall not be issued: (a) if any person willfully or knowingly violates any provision of this section; or (b) if the Noise Control Officer has reason to believe that there will not be compliance with the abatement order.
c. 
Penalties.
1. 
Any person who violates any provision of this section shall be subject to a penalty for each offense of not more than five hundred ($500.00) dollars, except as provided in paragraph 2 below.
2. 
Any person who willfully or knowingly violates any provision of this section shall be subject to a penalty for each offense a sum of not less than twenty-five ($25.00) dollars and not more than five hundred ($500.00) dollars.
3. 
If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
d. 
No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section or from other law.
Editor's Note: Section 12-28, Littering, was originally codified as Section 10-2 of the 2008 Revised General Ordinances. It was relocated to Chapter XII in Supplement No. 1.
[1999 Code § 8.24.010]
As used in this section:
COMMERCIAL ADVERTISING MATTER
Means any sample or device, dodger, bill or handbill, circular, pamphlet, paper, booklet or any other written or printed or reproduced matter which:
a. 
Advertises any merchandise, product, commodity, service or other thing for sale;
b. 
Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
c. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Means any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, including but not limited to any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include political literature or the waste of the preliminary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
PARK
Means a park, reservation, recreation center or any other area in the Township owned and used by the Township and devoted to active or passive recreation.
PERSON
Means any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Means any and all streets, sidewalks, boulevards, parking areas open to the public, alleys and any and all public parks, squares, spaces, grounds and public buildings.
REFUSE
Means all putrescible and nonputrescible solid wastes (except body wastes), including ashes, street cleanings, dead animals, abandoned automobiles, dismantled vehicles, other abandoned personal property and solid market and industrial wastes.
RUBBISH
Means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as circulars, leaflets, pamphlets, wrappers, handbills, newspapers and all and any other printed material, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, building materials and other like materials, but specifically excepting political literature.
TOWNSHIP
Means the Township of Edison.
[1999 Code § 8.24.020]
It is unlawful for any person to throw, drop, discard or otherwise place litter of any nature upon any public or private property, other than in a litter receptacle.
[1999 Code § 8.24.030]
Litter receptacles and their servicing shall be required at the following public places: sidewalks used by pedestrians in active retail commercially zoned areas, such that at a minimum there shall be no single linear one-fourth mile without a receptacle; buildings held out for use by the public, including schools, government buildings and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; boat-launching; sporting events, parades, carnivals, circuses and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
[1999 Code § 8.24.050]
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place or private property within the Township.
[1999 Code § 8.24.060]
No person shall throw or deposit litter on any private property within the Township, whether owned by such person or not, except the owner or person in control of private property may maintain authorized private receptacles for collection. Such owner or person in control of private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collections.
[1999 Code § 8.24.070]
No person shall throw or deposit litter in any park within the Township except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
[1999 Code § 8.24.080]
No person shall throw or deposit litter on any open or vacant private property within the Township, whether or not owned by such person.
[1999 Code § 8.24.090]
No person shall sweep into or deposit into any gutter or street within the Township any accumulation of litter as defined herein, including but not limited to leaves, grass clippings or other land or garden waste, except that a person may deposit leaves into the gutter or street immediately in front of his or her property during periods announced by the Township for pickup or collection thereof.
[1]
Editor's Note: See also Section 10-9, Property Offenses.
[1999 Code § 8.24.110]
It is unlawful for any vehicle to be driven, moved, stopped or parked on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped which could cause an obstruction, damage a vehicle or otherwise endanger travelers or public property shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.
[1999 Code § 8.24.120]
a. 
The storage of tires in areas zoned residential shall be prohibited, except that tires may be stored in a fully enclosed building or structure, except on days designated for the collection of tires.
b. 
The keeping of inoperable or unregistered vehicles on streets, vacant lots and residential lawns shall be prohibited.
[1999 Code § 8.24.130]
It is unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or nonflyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[1999 Code § 8.24.140]
It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind and to keep sidewalks, areaways, backyards, courts and alleys free from litter.
[1999 Code § 8.24.150]
a. 
No person shall throw, deposit, distribute or cause to be thrown, deposited or distributed any commercial advertising, unsolicited newspapers or advertising tabloids:
1. 
In or upon any private premises which are temporarily or continuously uninhabited or vacant;
2. 
In or upon any vehicle;
3. 
In or upon the private premises which are inhabited, except by handling or transmitting same directly to the owner, occupant or other person than present except as hereinafter provided:
(a) 
A person, unless requested by anyone upon the premises not to do so, may place or deposit any such commercial advertising, unsolicitated newspaper or advertising tabloid in or upon inhabited premises if the premises are not posted as provided in this section and the commercial advertising, unsolicited newspaper or advertising tabloid is placed or deposited as to secure prevention from being blown or drifted about the premises of sidewalks, streets or other public places. Mailboxes may not be used when prohibited by Federal postal rules or regulations. This provision of this subsection shall not apply to the distribution of mail by the United States nor to newspapers.
(b) 
Distributing Commercial Matter, Unsolicited Newspapers or Advertising Tabloids Where Refused or Sign Posted. No person shall throw, deposit, distribute or cause to be thrown, deposited and distributed any commercial advertising, unsolicited newspapers or advertising tabloid in or upon any premises if requested by anyone in or upon such premises not to do so or if there is placed on such premises in a conspicuous position near the entrance thereof a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating that the occupants or the premises do not desire to have their right of privacy disturbed or to have any such matter left upon the premises.
b. 
Violations and Penalties. Any person who violates any provision of this subsection shall upon conviction thereof be punished by a fine as follows:
1. 
First offense: two hundred fifty ($250.00) dollars.
2. 
Second and subsequent offenses: five hundred ($500.00) dollars.
[1999 Code § 8.24.160]
The provisions of this section shall be administered and enforced by the Department of Health and Human Services of the Township, and said Department is charged with the duty to enforce this section and, to that end, to make and sign complaints for violations in the Municipal Court of the Township.
[1999 Code § 8.24.170]
Any person who violates any provisions of this section shall, upon conviction thereof, be punished by the penalty stated in Chapter I, Section 1-5. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. O.2015-2018]
In this section:
ALLERGEN
Is defined as any of the eight (8) foods required by the Food and Drug Administration (the "FDA") to be listed by food manufacturers as common ingredients that trigger food allergies, as well as monosodium glutamate ("MSG") and commercial sulfites used as a food preservative or additive. The eight (8) foods are: milk, eggs, peanuts, tree nuts, fish, shellfish, soy and wheat.
CONTRACT CATERER
Is defined as a caterer that delivers prepared food to a customer, whether at a fixed location or at an off-site function.
NUT
Is defined as tree nuts, including, but not limited to, almonds, brazil nuts, cashews, hazelnuts, filberts, macadamia nuts, pecans, pistachios, and walnuts.
PEANUT
Is defined as the oval seed of a tropical South American plant in the legume family, often roasted and salted and eaten as a snack or used to make oil or animal feed.
RESTAURANT
Is defined as an establishment in which the principal business is the sale of food or beverages for consumption on the premises, and for the purposes of this section, includes any commercial establishments that cook, prepare, or serve food or beverages intended for immediate consumption either on or off the premises.
SHELLFISH
Is defined as an aquatic shelled mollusk, such as an oyster or clam, or crustacean, such as a crab or shrimp.
[Ord. No. O.2015-2018]
a. 
The local Health Officer, or her designee, shall furnish to all Restaurants at the time of inspection a fact sheet, prepared by the state Commissioner of Health, designed to explain food allergies and the health-related consequences to persons with food allergies who are exposed to food items that contain or are prepared with Allergens.
b. 
All Restaurants operating within the Township as of April 1, 2019 must identify on a menu all food items that contain or are prepared with specified Allergens, and must indicate on their public display menu sign no later than April 1, 2019 that such menus are available.
c. 
All Contract Caterers operating at a fixed location within the Township as of April 1, 2019 must identify on their menus and/or food display signs all food items that contain or are prepared with Allergens. Contract Caterers must specify the Allergen on the display sign or menu, and all Contract Caterers delivering food to an off-site function within the Township as of April 1, 2019 must provide menus indicating all food items that contain or are prepared with Allergens at the location of the function.
d. 
All establishments operating with a plenary retail consumption license, as defined pursuant to Chapter VI herein, are required to post a display sign no smaller than 8 1/2 x 11 inches for the purpose of indicating any food or beverage item that contain or are prepared with Allergens.
e. 
Any Restaurant or Contract Caterer found in to be in violation of any provision of this section shall be subject to penalty as set forth in Section 12-3 of this Chapter XII.