[Ord. #1424, § 10]
This section shall be known and may be cited as the "Lyndhurst
Health Code."
[Ord. #1424, § 10; Ord. #2598, § 1; Ord.
#2608, § 1; Ord. #2838-12]
As used in this section:
Shall mean the department, branch or agency of this municipality designated in subsection 22-1.11.
Shall mean the health coordinator, who shall also serve as
nurse and alternate registrar of the department of health.
Shall mean the administrative body to advise and assist the
Health Authority with the administration and enforcement of the Health
Department and Health Code.
Shall mean any individual, partnership, firm or corporation.
[Ord. #1424, § 10]
a.
The following matters, things, conditions or acts and each of them
are hereby declared to be a nuisance and injurious to the health of
the inhabitants of this township.
1.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of this township.
2.
Any matter, thing, condition or act which is or may become an annoyance,
or interfere with the comfort or general well-being of the inhabitants
of this township.
3.
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.
4.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
5.
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.
6.
Depositing, accumulating, or maintaining any matter or thing which
serves as food for insects or rodents and to which they may have access
or which serves or constitutes a breeding place of harborage for insects
or rodents in or on any land, premises, building or other place.
7.
The existence, presence or accumulation of droppings and/or fecal
matter.
[Added 11-13-2017 by Ord.
No. 2980-17]
b.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisances, as declared and described in this subsection.
[Ord. #2608, § 1; Ord. #2710, § 1; Ord.
#2828-12]
a.
Establishment and Purpose. There is hereby established in the Township
of Lyndhurst Health Council to advise and assist the health authority
with the administration and enforcement of the health department and
Health Code for the protection of citizens and for the promotion of
health screening, licensure requirements, and health education, and
to improve the quality of life for township residents.
b.
Membership. The health council shall consist of five members. The
members shall be nominated by the commissioner of public affairs,
and appointed by a majority of the full membership of the board of
commissioners. The membership of the council shall consist of the
following: the commissioner of public affairs; the health authority;
a physician; a health nurse, and one member of the general public
interested in health programs and education. There shall also be two
alternates who shall be members of the general public interested in
health programs and education.
c.
Officers. The chairperson of the council shall be the health authority
of the township. A secretary shall be appointed from the membership
of the council at its annual reorganization meeting, which shall be
in September of each year. Service by the members of the council shall
be voluntary, and no members shall receive compensation for their
services as members or officers.
d.
Term. The term of office for members shall be one-year, which shall
commence in September of each year.
e.
Annual Report. The health authority, on behalf of the council, shall
prepare and file a report in or about January of each year with the
commissioner of public affairs. The report shall include a summary
of actions or decisions made by the health department and the council
during the prior year, and any recommendations for Health Code amendments
or revisions, or recommendations for new programs to be administered
by the health department.
f.
Meetings. Meetings of the council shall be held quarterly. The chairperson
or a majority of the full membership of the council may call a special
meeting upon two days' notice. Four members of the council shall constitute
a quorum.
g.
Bylaws. The council shall adopt bylaws governing the administration
and operation of the council at its annual reorganization meeting.
[1]
Editor’s Note: Repealed by Ordinance No. 2042.
[1]
Editor’s Note: Repealed by Ordinance No. 2042.
[Ord. #1424, § 10]
It shall be unlawful for the owner or owners who have agreed
to supply heat to any building designed to be occupied or occupied
as a residence by more than two families to fail to supply heat from
October 1 in each year to May 1 of the succeeding year in such manner
that the temperature of the building where one or more persons reside
shall always be kept at 68° F. or above between the hours of six
ante meridian and 10 post meridian.
[Ord. #1424, § 10]
It shall be unlawful for any person to rent, lease or otherwise
permit the occupancy of any building as a residence, or for any person
to reside in any building as its owner which:
a.
Is not adequately and properly ventilated.
b.
Fails to provide potable water at sufficient pressure and quantity
for each family unit from a public supply approved by the State Department
of Health or a private supply approved by the administrative authority.
c.
Does not have plumbing fixtures consisting of a kitchen sink, bathtub
or shower, lavatory and flush toilet, connected to the potable water
supply.
d.
Does not have facilities for the discharge of all household liquid
wastes into a public sewerage system approved by the State Department
of Health, or into a private sewerage system approved by the administrative
authority.
e.
Every owner of a dwelling containing two or more dwelling units or
lodging units shall be responsible for maintaining in a clean and
sanitary condition the common areas of the dwellings and premises
thereof.
[Ord. #1424, § 10]
a.
All places and premises in this township shall be subject to inspection
by the administrative authority, or the health authority, if such
authority has reason to believe that any provision of this code is
being violated.
b.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent the administrative authority or the health authority from
having full access to any place or premises upon which a violation
of this code is believed to exist.
[Ord. #1424, § 10; Ord. #1788, § 1]
a.
Whenever a nuisance as declared by subsection 22-1.3 is found on any plot of land, lot, right-of-way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein. If the owner, tenant or occupant upon being notified shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the administrative authority shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by means as the authority shall deem proper.
b.
Whenever a nuisance as declared in subsection 22-1.3 is found on any public property or 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 health authority may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
c.
Procedure When Violation Discovered. Except as provided elsewhere
in this code, where a violation of this code or the regulations hereunder
is found to exist, a written notice from the health authority shall
be served upon the person or persons responsible for the correction
thereof.
d.
Contents of the Notice. The notice shall specify the violation or
violations committed, a reasonable period of time, not to exceed 30
days to correct or abate the violation, the right of the person served
to request a hearing and that the notice shall become an order of
the public officer in five days after service unless the hearing is
requested, pursuant to paragraph f of this subsection.
e.
Serving of Notice. Notice may be served personally or by prepaid
telegram or by mail with postage prepaid, addressed to the last known
address of the person to be served. In the case of an occupant, notice
may be posted upon the door of his dwelling unit or rooming unit.
Where it is ascertained that the owner does not reside on the premises,
the "last known address" shall be the address of the owner as shown
in the office of the tax collector. If the last known address cannot
be ascertained, the notice may be posted on the outside front entrance
of the dwelling. The public officer shall file and provide notices
to any owner, operator or occupant of any violation at any address
other than the last known address provided hereunder if such other
address is filed with the public officer personally or by certified
mail addressed to the public officer. Service upon an owner, operator
or occupant may also be attained by service of any notice upon a member
of the family of the owner over the age of 14, operator, or occupant.
Date of service of the notice shall be determined where service is
by mail as the day following the day of mailing for notices to addresses
within the township, and as of the fourth day after the day of mailing
the notices to addresses outside the township. Where the day of service
would fall upon a Sunday or other day when mail is not ordinarily
delivered, then the day of service shall be the next regular delivery
day.
f.
Notice to Become an Order Unless Hearing Requested. Within five days
of the date of service of a notice, the notice shall constitute a
final order unless any person affected by the notice requests a hearing
thereon, services a written request within a five-day period in person
or by mail on the public officer. Such request for a hearing shall
set forth briefly the grounds or reasons on which the request for
a hearing is based and the factual matters contained in the notice
of violation which are to be disputed at the hearing. The public officer,
upon receipt of the request, shall within 30 days therefrom and upon
five days' notice to the party aggrieved set the matter down for hearing.
g.
Determination at Hearing. At any hearing provided hereunder, the
public officers shall be vested with all the powers provided by law
to compel the attendance of witnesses and parties in interest by issuance
and service of subpoena to require the production of books, records,
or other documents at any such hearing which may be pertinent to matters
to be determined by them and to enforce any such subpoena or secure
any order for the enforcement of any such subpoena as provided by
law. Determination shall be made within 10 days from the completion
of the hearing. The public officers shall issue an order either incorporating
the determination and directions contained in the notice, modifying
the notice, modifying the same or withdrawing the notice.
h.
Extensions of Time. The public officers may extend the time for correction
or abatement of the violation for an additional period of time not
to exceed 30 days.
[Ord. #1424, § 10; Ord. #1788, § 2]
The provisions of this chapter shall be enforced by the department
of public affairs, under the designations of administrative authority;
and the health authority; and the police department. Any citizen may
sign a complaint. When a citizen signs a complaint the summons shall
be signed by the health authority.
[Ord. #1424, § 10; Ord. #1788, § 3]
Where abatement of a violation or condition is required hereunder,
the administrative authority shall cause to be certified to the owner
of the premises the cost thereof. The owner may request a hearing
on the reasonableness of such cost. The administrative authority,
upon receipt of a request for such hearing, shall within 30 days therefrom
and upon five days' notice to the property owner set the matter down
for hearing. After such hearing, final determination shall be made
as to the reasonable cost of abatement, which determination shall
be certified to the tax collector and shall become a lien on the property
and be collected by the same procedure as real property taxes.
[Ord. #1424, § 10]
[Ord. #1562; Ord. #1758, § 1]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular number and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
Shall mean garbage, refuse and rubbish as defined herein
and all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety, and
welfare.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes) including ashes, street cleaning, dead animals,
abandoned automobiles, other abandoned personal property and solid
market and industrial wastes.
Shall mean nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as circulars, leaflets,
pamphlets, wrappers, handbills, newspapers, and all and any other
printed or nonprinted paper material, cigarettes, cardboard, tin cans,
yard clippings, leaves, wood, glass and other similar materials.
Is defined for the purpose of this section to be at least
one receptacle for each family unit or other occupant of premises,
but each occupant of premises shall provide sufficient receptacles
to store all the waste which may be accumulated between the times
when such refuse is disposed of as hereinafter provided.
Is defined to be a watertight metal, unbreakable rubber or
plastic receptacle with a tight fitting cover, so constructed as to
prevent spilling or leaking of its contents. Each receptacle for use
by a single residence shall have a capacity of not more than 20 gallons
and be equipped with a pull handle or handles. The use of commercially
manufactured plastic garbage bags is permitted when securely tied.
[Ord. #1562; Ord. #1785, § 1]
The director of the department of public works shall have charge
of the collection of garbage, rubbish and ashes in the township. Collection
shall be made for all premises at least twice each week, provided
that the material to be collected is properly placed at the curb in
front of the premises where the collection is to be made. The material
to be collected shall not be placed at the curbline prior to 6:00
p.m. on the day before the collection is to be made from the premises.
All containers used to store garbage, refuse and ashes for collection
shall be removed from the curbline by 6:00 p.m. on the day that the
collection is made by the refuse contractor designated by the board
of commissioners.
[New; Ord. #1785, § 1]
The owner of each occupied premises shall provide and keep on
such premises sufficient and suitable receptacles for receiving and
holding garbage, refuse and rubbish.
[Ord. #1785, § 1; amended 6-13-2023 by Ord. No. 3163-23]
All garbage, refuse and rubbish with the exception of newspapers
and cardboard shall be put out for collection in suitable containers.
Mattresses placed out for collection must be completely wrapped in
plastic.
[Ord. #1785, § 1]
If multi-dwelling units are using receptacles having a greater capacity than described in subsection 22-2.1 under the definition of "suitable," they must meet the qualifications established by the board of health and be equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and be replaced by the same type of receptacle if removed for emptying.
[Ord. #1785, § 1]
Receptacles that are badly broken or otherwise fail to meet
the requirements of this section may be classed as refuse and collected
and disposed of as such by the person or agency responsible for the
collection of refuse, provided that such receptacle shall not be collected
if it appears to have been suitable, under the definition of this
section, at some previous time, then, in that event, there shall be
given a written notice to the owner of the fact that the receptacle
is not deemed suitable, at least five days before the receptacle is
collected.
[Ord. #1785, § 1; Ord. No. 2657-08 § 2]
Receptacles shall be conveniently located on premises for the
storage of garbage, refuse, or rubbish and maintained in such a manner,
with a cover in place, as to prevent creation of a nuisance or menace
to public health. No receptacles or containers for the storage of
garbage, refuse or rubbish shall be visible from the public street
or right-of-way. If the location or area for the storage of such receptacles
or containers is visible from the public street or right-of-way, it
shall be completely concealed by suitable natural or artificial screening.
[Ord. #1785, § 1]
Newspapers and cardboard shall be bundled and tied securely.
[Ord. #1785, § 1]
Storage facilities shall be adequate for the proper storage
of all garbage, refuse and rubbish.
[Ord. #1785, § 1]
Storage areas shall be kept clean so as not to create a health
nuisance.
[Ord. #1785, § 1]
The provisions of this section shall be enforced by the department
of health under the designation of the health authority and the police
department. Any citizen may sign a complaint. When a citizen signs
a complaint the summons shall be signed by the health authority.
[Ord. #1705, § 1; Ord. #2464, § I; Ord.
#2597, § 2; Ord. No. 2665; Ord. #2780]
a.
It shall be unlawful for any person or any business entity to conduct a retail food establishment as defined in and governed by Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, N.J.A.C. 8:24-1 et seq. (hereinafter "Chapter 24"), including mobile and itinerant restaurants as defined and governed by Section 3-12 of the Township's Revised General Ordinances, without first having obtained a license from the Lyndhurst Department of Health and without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the said Chapter 24 and Section 3-12 of the Township's Revised Ordinances.
b.
No retail food establishment including restaurants, diners and any other establishments selling or serving food to the public in the Township of Lyndhurst shall be granted a retail food establishment license unless the "person in charge" as defined in said Chapter 24, which shall include the owner, manager or employee in charge of other employees serving food on each particular shift has successfully completed a food safety manager's certification course (hereinafter "manager's course") prescribed and approved by the Lyndhurst Department of Health pertaining to health, education, sanitation, personal hygiene, food borne illness, dishwashing and sanitizing procedures, micro-organisms, insects and rodents, and other health related matter.
c.
Commencing on 2011, the health inspector shall assign the risk type of retail food establishments in the township to be designated as Risk Type 1, 2, 3, and 4 as provided and defined in said Chapter 24. Each person in charge on each particular shift shall complete the first available food manager's and/or food handler's course, as provided in paragraph h below, prior to the Department of Health issuing an annual license to the retail food establishment. In addition, before a license shall be issued the retail food establishment shall pay the appropriate fee in accordance with this section.
d.
Approved courses which provide the "food protection manager certificate"
include the following: Servsafe, subject to the provisions of this
paragraph below; the 18-hour food manager's certification courses
administered by the County of Bergen Department of Health Services;
and the National Registry of Food Safety Professionals' course. Online
courses and/or test-only certificates shall not satisfy the requirements
of this section. The health administrator or health inspector shall
have the authority to proclaim additional courses acceptable when
they become available if they are approved by the Conference for Food
Protection and/or the State of New Jersey.
e.
Approved courses which provide the "food handler's certificate" include
a three hour course approved by the health department as follows:
Servsafe or the National Registry of Food Safety Professionals.
f.
The certificate of satisfactory completion for the food managers'
course shall be considered effective for three years from the date
of its issuance, unless the certificate states an earlier expiration
date. The food handler's certificate shall be considered effective
for two years from the date of its issuance, unless the certificate
states an earlier expiration date.
g.
No new food establishment may receive a food establishment license
until the appropriate courses have been completed and the certificates
received. No licenses will be issued unless at least one person holds
a current food manager's certificate from an approved course according
to the Health Code. The health inspector shall have the authority
and responsibility to review such documents and approve the issuance
of the license.
h.
The following certificates are required for the operation of a food
handling establishment in the township:
1.
Risk Type 1: The person in charge must have a food manager's or food
handler's certificate, and one person associated with the food establishment
must have a food manager's certificate.
2.
Risk Type 2: The person in charge must have a food manager's certificate.
3.
Risk Type 3 and 4: The person in charge must have a food manager's
certificate and one additional person must have a food handler's or
food manager's certificate.
i.
Commencing January 1, 2012, and each year thereafter, if the person
in charge of each particular shift has not completed the food managers'
course and/or food handlers' course as described according to risk
type, the health department shall issue a temporary retail food license
which shall expire on March 31 of that year. For the issuance of such
a temporary retail food license, the retail food establishment shall
pay the normal fee charged for the annual license in the amount of
$50. No part of the surcharge shall be returned. The surcharge shall
be used for the sole purpose of administering this section on those
retail food establishments whose person in charge has not successfully
completed the appropriate food managers' and/or handlers' course.
j.
If there is no person in charge on each particular shift who has
satisfactorily completed the food manager's certification course or
food handler's course in accordance with this subsection, then the
retail food establishment shall be issued a summons to appear before
the magistrate to answer the violation.
k.
1.
Any retail
food establishment which receives an "Unsatisfactory" rating from
the appropriate official inspecting the premises shall immediately
cease from serving any food or similar products until the licensee
has paid a reinspection fee of $200 prior to reinspection and received
a "Satisfactory" rating on reinspection from the health inspector.
The reinspection fee shall be paid at the main office in the Lyndhurst
Health Department. The owner, person in charge, or manager must take
and satisfactorily complete the next available eighteen-hour food
manager's certification course offered at the Bergen County Department
of Health Services.
2.
"Conditional
Satisfactory:" Any food establishment which received a "Conditional
Satisfactory" rating shall be subject to a reinspection fee of $200.
In addition, if violations are found on spot checks or in response
to complaints, a notice of reinspection shall be issued to the food
establishment, and it shall also be subject to the $200 reinspection
fee. This fee shall be required each time a food establishment receives
this rating or notice. The time period for the reinspection shall
be determined by the health inspector but in no event shall exceed
two weeks after the initial inspection. The reinspection fee shall
be paid at the main office in the Lyndhurst Health Department prior
to the reinspection. In the event that the fee is not paid within
two weeks after the original inspection, a summons shall be issued
for a fine in an amount not less than $500 nor more than $1,000.
3.
Any retail
food establishment which receives two "Conditional Satisfactory" ratings
within any twelve-month period shall have the conditional satisfactory
rating posted on the premises for such time as the inspector determines
it is necessary for the preservation of the public health and safety.
In addition, its owner or manager must take and satisfactorily complete
the next available eighteen-hour food Manager's certification course.
Failure of the establishment to adhere to this rule by licensing time
of the subsequent year, will result in a surcharge of $500 on the
new license.
l.
Term of License.
1.
The licenses issued under this section shall be effective for the
calendar year, expiring on December 31st of the year of issue, and
may be renewable for succeeding calendar years thereafter. The application
for renewal fee for license renewal shall be due and payable on or
before February 1 in the year of renewal. Retail food establishments
in operation at the time of enactment of this section shall be required
to procure licensing immediately as specified herein
[Ord. #1705, § 2; Ord. #2248, § II; Ord.
#2516, § II; Ord. #2571, § 1; Ord. #2665; Ord.
#2739, § 1; Ord. #2861-12, § 2]
The annual fees for licenses of retail food establishments are
hereby fixed as follows:
a.
Restaurants, Luncheonettes, Pizzerias, Etc.
|
Seating Capacity
| |
|
1 — 50
|
$200
|
|
51 — 100
|
$400
|
|
101 — 200
|
$500
|
|
Over 200
|
$600
|
b.
Miscellaneous.
|
Taverns, no food service
|
$75
|
|
Delicatessens
|
$150
|
|
Supermarkets
| |
|
Up to 3,000 square feet
|
$750
|
|
Over 3,000 square feet
|
$1,500
|
|
Catering Units Mobile
|
$95
|
|
Milk
|
$60
|
|
Bakery
|
$300
|
|
Sushi
|
$150
|
|
Prepackaged goods
|
$85
|
|
Ice Cream Mobile
|
$250
|
|
Nonprofit organization
|
$65
|
|
Temporary food establishment over 10 days
|
$35
|
|
Food Handling Permits-Temporary;
| |
|
Maximum 10 days for carnivals, fairs, feasts, etc.
|
$65
|
|
Food establishment not otherwise listed
|
$100
|
c.
Flea Markets. Notwithstanding anything to the contrary in this section,
vendors or operators of retail food establishments associated with
flea markets shall have the option of obtaining a license for each
event for a fee of $35 or for all events associated with the flea
market in the calendar year for an annual fee of $200. If the vendor
or operator elects to pay such annual fee, the vendor or operator
shall be required to submit written notice to the township's health
department at the time that the license is obtained of all events
during the calendar year to which the license applies and is restricted.
If the vendor or operator desires to add events during the calendar
year to those of which the health department was notified at the time
the license was obtained, written notice to the health department
of at least two weeks prior to the event shall be required.
d.
Term of License.
1.
The licenses issued under this section shall be effective for the
calendar year, expiring on December 31 of the year of issue, and may
be renewable for succeeding calendar years thereafter. The fee for
license renewal shall be due and payable on or before February 1 in
the year of renewal.
2.
Retail food establishments in operation at the time of enactment
of this section shall be required to procure licensing immediately
as specified herein, and the fees for these licenses shall be due
and payable forthwith in the amounts provided in this section, for
the calendar year 2006. Such licenses shall expire on December 31,
2006 and be subject to renewal for succeeding years.
3.
The annual fees for retail food establishment licenses after 2012
shall be the same amount for 2012 or 2013.
[Ord. #1705, § 3; Ord. #2780]
Any license issued under the terms and provisions of this section may be suspended or revoked by the department of health for the violation by the licensee of any provision of this section, or said Chapter 24, or whenever it shall appear that the business, trade, calling, profession or occupation of the person, firm or corporation to whom such license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of this township, or that the person or persons conducting the retail food establishment is of an unfit character to conduct same or that the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this section
shall not be revoked, cancelled or suspended until a hearing thereon
shall have been held before the health council. Written notice of
the time and place of such hearing shall be served upon the licensee
at least three days prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking, cancelling or suspending such license. Notice may be
given either by personal delivery thereof to the person to be notified
or be deposited in the United States Post Office in a sealed envelope,
postage prepaid, addressed to such person to be notified at the business
address appearing upon the license. At the hearing before the health
council, the person aggrieved shall have an opportunity to answer
and may thereafter be heard, and upon due consideration and deliberation
by the health council, the complaint may be dismissed, or if the governing
body concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
If any such license shall have been revoked, neither the holder
thereof nor any person acting for him, directly or indirectly, shall
be entitled to another license to carry on the same business within
the township, unless the application for such license shall be approved
by the department of health.
[Ord. #1705, § 4]
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the state or federal government.
[Ord. #1705, § 5; Ord. #2780]
[Ord. #1705, § 7; Ord. #2464, § I]
This section is being enacted pursuant to N.J.S.A. 40:52-1 and
N.J.S.A. 26:3-69.1 to 3-69.6.
[Ord. #1705, § 8; Ord. #2780]
The department of health of the township shall be responsible
for the administration and enforcement of this section.
[Ord. #1584]
This section shall be known as the "Pesticide Control Ordinance."
[Ord. #1584]
As used in this section:
Shall mean the using, applying, spraying, dusting, vaporizing,
or spreading of pesticides, in any manner, by contract or otherwise,
by any person.
Shall mean a written certificate, issued by the director,
authorizing the performance of services as custom applicator, pest
control operator, pest control consultant, or equipment operator,
or authorizing the use of specific equipment for the application of
pesticides.
Shall mean any person who, by contract, applies pesticides
to any land, structures, premises, plants, or waters by aerial, ground,
or hand equipment.
Shall mean any person who sells, wholesales, offers or exposes
for sale, exchanges, barters, or gives away within this township any
pesticides in containers of a net capacity of more than three pounds.
Shall mean the department of health of the Township of Lyndhurst.
Shall mean any instrument contrivance, or procedure intended
to trap, lure, destroy, control, repel or mitigate pests, or to destroy,
control, repel, or mitigate fungi, nematodes, or such other pests
as may be designated by the director.
Shall mean the health officer of the department of health
of the township.
Shall mean a natural person, individual, firm, partnership,
corporation, company, society, joint stock company, association, or
any organized group of persons whether incorporated or not and every
officer, agent, employee or servant thereof.
Shall mean, but is not limited to, any insect, rodent, nematode,
predatory animal, snail, slug, bacterium, weed and any other form
of plant or animal life, fungus, or virus, detrimental to persons,
vegetation, crops, animals, structures, households, or being present
in the environment, or which the department may declare to be a pest,
except those fungi or viruses on or in living man or other animals.
Shall mean, but is not limited to, any agent, substance,
or mixture or substances intended (1) to prevent, destroy, control,
repel, or mitigate any pest; (2) to be used as a plant regulator,
defoliant, or desiccant; (3) any adjuvant, such as a wetting agent,
solvent, spreading agent, deposit builder, adhesive emulsifying agent,
deflocculating agent, water modifier, or similar agent with or without
toxic properties of its own, used or intended to be used with any
other pesticide as an aid to the application or effect thereof, and
sold in a package or container separate from that of the pesticide
with which it is to be used, and (4) any other similar substance so
designated by the department, including, but not limited to, herbicides,
insecticides, fungicides, nematocides, molluscacides, rodenticides,
lamprecides, plant regulators, gametocides, postharvest decay preventatives,
and antioxidants.
Shall mean any plant life that grows where not wanted.
[Ord. #1584]
It shall be unlawful for any person to:
a.
Engage in the business of custom application of pesticides in the
township without first obtaining a certificate from the department;
or
b.
Use or apply any pesticide in any manner, or for any purpose, other
than in accordance with directions on the label; or
c.
Use a prohibited pesticide; or
d.
If a person other than a certified custom applicator, uses a restricted
pesticide.
[Ord. #1584]
The certification provisions of this section shall not apply
to persons using or applying pesticides to their own premises or to
those of which they are in possession.
[Ord. #1584]
The director may classify custom applicators according to the
type of pest control activities to be undertaken and issue certificates
according to these classes. No person may engage in a type of pest
control not authorized in his certificate.
a.
Application. Application for a certificate to engage in the business
of custom application of pesticides in the township shall be made
on a form provided by the director and shall include the applicant's
name, address, education, experience, kind of pest control activity,
and such other information as the director deems necessary to determine
qualifications.
b.
Qualifications. Applicants shall possess adequate knowledge concerning
the proper use, application, storage, transportation, and disposal
of pesticides.
c.
Fees. The fee for issuance of the certificate shall be $5 and shall
be renewable annually on a calendar year basis.
d.
Financial Responsibility. The director shall not issue a certificate
to a custom applicator until the applicant has furnished evidence
to the satisfaction of the director that the applicant has liability
insurance insuring both persons and property in connection with the
application of pesticides, in a minimum amount of $10,000.
Such an insurance policy shall not serve as a limitation on
any civil or penal liability incurred by the negligent or unlawful
use of pesticides.
Nothing in this section shall be construed to relieve any person
from liability for any damage to the person or property of another
caused by the use of pesticides even though such conforms to the rules
and regulations of the department.
e.
The department may suspend or revoke the certification of any custom
applicator who has:
1.
Made false or fraudulent claims through any media, misrepresenting
the effect of materials or methods to be utilized;
2.
Applied worthless or improper materials;
3.
Operated in a faulty, careless, or negligent manner;
4.
Through his operations, has injured the person or property of another
or vegetation, crops, or wildlife in violation of this section;
5.
Operated faulty or unsafe equipment;
6.
Refused or neglected to comply with the provisions of this section,
the rules and regulations adopted hereunder, or of any lawful order
of the director or of any state or federal agency having authority
in pesticides;
7.
Made false or fraudulent records or reports;
8.
Refused or neglected to keep and maintain the records required by
this section or to make reports when and as required;
9.
Operated equipment for the application of a pesticide without a certificate;
10.
Used fraud or misrepresentation in making an application for certification
or renewal of a certificate or permit;
12.
Refused or neglected to comply with any limitations or restrictions
on or in a duly issued certificate or permit.
[Ord. #1584]
Violation of any provisions of this section or of any regulations
adopted pursuant thereto, when so determined by a court of competent
jurisdiction, shall be sufficient cause to revoke the certificate
of persons found to be in violation.
[Ord. #1584]
Those certified shall keep such records and furnish such reports
as the director, by regulation, may prescribe.
[Ord. #1584]
The department shall issue regulations to carry out the provisions
of this section and shall establish rules for the safe sale, transportation,
storage, use, application, and disposal of pesticides.
[Ord. #1584]
The director may recommend, and the board may, by regulation,
restrict or prohibit the sale or use of pesticides found to be hazardous
to the health or welfare of the citizens, or which might cause harmful
contamination or pollution of the environment. "Restricted" pesticides
may be sold to and used by certified custom applicators only. The
director may, by regulations, prescribe the time when, places where,
and conditions under which pesticides may be used.
[Ord. #1584]
The custom applicator shall give at least 72 hours' notice prior
to the application of the pesticide by personal notice to all owners
of property within or without the township as shown by the most recent
tax lists of the municipality or municipalities, whose properties
abut the property on which the pesticide is to be applied, and to
the department.
The notice shall be given by sending written notice thereof
by registered or certified mail to the last known address of the property
owner(s); or by handling a copy thereof to the property owners; or
by leaving a copy thereof at their usual place of abode. The notice
shall contain the name of the custom applicator, and location, and
the identification of the pesticide and method of application.
When the owner is a partnership, service upon any partner as
above provided shall be sufficient; and where the owners are corporations,
service upon any officer, as set forth above, shall be sufficient.
[Ord. #1584]
Any person who sells pesticides in amounts over three pounds
shall first obtain a certificate from the township to engage in such
business and shall be subject to such rules and regulations concerning
recording and reporting of sales, as may be prescribed by the director.
The certificate shall be in a form prescribed by the director. The
certificate shall be valid for the calendar year in which issued;
the annual license fee shall be $5.
[New]
[Ord. #1584]
All fees, penalties, and monies collected under any provision
of this section shall be paid to the Township of Lyndhurst, New Jersey.
[Ord. #1706, § 1; Ord. #2861-12, § 2]
It shall be unlawful for any person or any body corporate to
maintain a coin operated vending machine in the township for the sale
of food or beverages, within the township without having first procured
an annual license from the local board of health so to do and without
complying with any and all of the provisions concerning the operation
and maintenance of the same as contained in regulations, promulgated
by the board of health of the township.
[Ord. #1706, § 2; Ord. #1902, § I; Ord.
#2571, § 2; Ord. #2861-12, § 2]
The annual fees for licenses for food and beverage vending machines
for the purpose of funding the costs of inspection and regulation
at each location where such machines are installed and operated shall
be as follows:
|
First machine
|
$75
|
|
Each additional machine
|
$25
|
[Ord. #1706, § 3]
Each vending machine shall have attached to it a sticker with
the following legend:
"This vending machine is licensed by the Lyndhurst Health Department,
License No. _____, effective from _______________, to December 31,
19_____."
[Ord. #1706, § 4]
The license fees shall be levied commencing January 1, 1979
and shall be issued for a calendar year. A license issued for a part
of a calendar year shall carry the full annual license fee.
[Ord. #1849, § I]
Pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6 the township adopts
by reference, in full, and without alteration the "Swimming Pool Code
of New Jersey - 1970" as approved by the State Department of Health
along with any changes, additions, or modifications as may be adopted
from time to time by the State Department of Health.
[1]
Editor’s Note: Prior ordinance history includes portions
of Ordinance No. 2313 and 2339.
[Ord. #2455, § I; Ord. #2255; Ord. #2208, § 1]
No person shall be engaged or employed in the township as a
massage therapist or practitioner for which any form of compensation
is charged or accepted, without first having obtained certifications
by the massage, bodywork, and somatic therapy examining committee
under the New Jersey Board of Nursing (hereinafter "the committee"),
and a license from the chief of police. The license, when issued,
is personal and shall not be construed to grant a certificate of occupancy
for the use of any premises or location.
[Ord. #2455, § I; Ord. #2608, § 1]
Shall mean any person other than a massage practitioner who
renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
Shall mean person(s) who provides municipal sanitarian/health
services.
Shall mean the operator of a massage establishment.
Shall mean any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of the external soft parts of the body with the hands, feet or with
the aid of any mechanical or electrical apparatus or appliance, with
or without such supplementary aids as rubbing alcohol, liniments,
antiseptics, oil, powder, creams, lotions, ointments or other similar
preparations commonly used in this practice.
Shall mean any establishment having a fixed place of business
wherein any person, firm, association or corporation engages in, carries
on, or permits to be engaged in or carried on any of the activities
mentioned in the definition of massage.
Shall mean an individual who has taken courses in massage
therapy at, and has received a diploma or certificate of completion
in the area of massage therapy from an educational institution offering
degrees and/or certifications in massage therapy and approved or accredited
by the state department of education within this state, or an equivalent
governing body within this state. The massage therapist or practitioner
shall also be an individual who has satisfied the requirements for
certification as a massage, bodywork and somatic therapist, by the
Committee, pursuant to N.J.A.C. 13:37-16.1 et seq.
Shall mean any person who receives a massage under such circumstance
that it is reasonably expected that he or she will pay money or give
other consideration therefor.
Shall mean any individual, copartnership, firm, association,
joint stock company, corporation or combination of individuals of
whatever form or character.
Shall mean genitals, anus or perineum of any person, or the
breasts or vulva of a female.
[Ord. #2455, § I; Ord. #2598, § 2; Ord.
#2608, § 1; Ord. #2872-12, § 5]
a.
Massage Establishment. No such license shall be issued to any massage
establishment which employs a massage therapist or practitioner (hereinafter
"person" or "applicant"):
1.
Under 18 years of age;
2.
Convicted of a crime of moral turpitude or any sex related offenses;
3.
Unless documentary proof is submitted to the department of health
establishing the applicant's satisfactory completion of a minimum
of 500 hours study of massage, anatomy or physiology;
4.
Unless the applicant provides the board with an affidavit from a
duly licensed physician of the State of New Jersey establishing that
the applicant is free from contagious and communicable diseases; within
30 days of date of application;
5.
Unless the person has been licensed or certified by the New Jersey
Board of Nursing, Massage, Bodywork, and Somatic Therapy Examining
Committee.
6.
Unless the applicant accurately and correctly completes and files
an application for certification to the committee and a comprehensive
written application, in a form to be provided by the police department,
which application, among other things, requires a detailed description
of the applicant, to include photographing and fingerprinting by the
Lyndhurst Police Department, and prior residence and employment of
the last 10 years, to include addresses and points of contact;
7.
Unless a license fee of $250 is received, and made payable to the
Township of Lyndhurst. An additional fee will be charged for state
police fingerprinting fee made payable to the New Jersey State Bureau
of Investigation;
8.
Unless that person is a member of a nationally recognized massage
therapy association;
9.
Unless that person has disclosed the funding source for opening the
establishment and all parties who hold an interest in the establishment
of 10% or greater;
10.
Unless documentary proof of liability insurance is submitted;
11.
Unless all building, zoning, health and fire codes are complied with
and satisfactory inspection certificates are granted.
b.
Massage Therapist or Practitioner. No such license shall be issued
to any massage therapist or practitioner (hereinafter "person" or
"applicant"):
1.
Under 18 years of age;
2.
Convicted of a crime of moral turpitude or any sex related offenses;
3.
Unless documentary proof is submitted establishing the applicant's
satisfactory completion of a course of massage therapy, minimum of
500 hours by a department of education recognized school;
4.
Unless the person has been licensed or certified by the New Jersey
Board of Nursing, Massage, Bodywork, and Somatic Therapy Examining
Committee.
5.
Unless that person is a member of a nationally recognized massage
therapy association;
6.
Unless documentary proof of liability insurance is submitted;
7.
Unless the applicant provides an affidavit from a duly licensed physician
of the State of New Jersey establishing that the applicant is free
from contagious and communicable diseases: within 30 days of the date
of application;
8.
Unless the applicant accurately and correctly completes and files
an application for certification to the committee and a comprehensive
written application in a form to be provided by the police department,
which application, among other things, requires a detailed description
of the applicant, to include photographing and fingerprinting as required
by the Lyndhurst Police Department at least once every two years,
and prior residence and employment of the last 10 years, to include
addresses and points of contact;
9.
Unless a license fee of $100 is received, and made payable to the
Township of Lyndhurst. An additional fee will be charged for state
police fingerprinting fee made payable to the New Jersey State Bureau
of Investigation.
[Ord. #2455, § I]
Every license shall be displayed in a conspicuous place within
the massage establishment so that same may be readily seen by persons
entering the premises.
[Ord. #2455, § I; Ord. #2608, § 1]
a.
Massage Establishment. Every massage establishment license issued
pursuant to this section shall expire at the end of the calendar year
or unless sooner suspended or revoked and may be renewed upon compliance
with the licensure requirements above, except that the renewal fee
shall be $100 annually.
b.
Massage Therapist or Practitioner. Every massage therapist or practitioner
license shall expire at the end of the calendar year or unless sooner
suspended or revoked, and may be renewed upon compliance with the
licensure requirements above, except that the renewal fee shall be
$100 annually.
[Ord. #2455, § I]
a.
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
b.
Price rates for all services shall be prominently posted in the reception
area and in each massage room in a location available to all prospective
customers. Such posting shall include a statement as follows:
Pursuant to the ordinances of the Township of Lyndhurst: THE
GENITAL AREAS OF ALL CUSTOMERS SHALL BE COVERED AT ALL TIMES WHEN
IN THE PRESENCE OF AN EMPLOYEE. NO EMPLOYEE OR PATRON SHALL TOUCH
OR FONDLE IN ANY MANNER THE SEXUAL OR GENITAL AREA OF ANY PERSON.
ANY PERSON OR CUSTOMER VIOLATING THIS ORDINANCE SHALL BE SUBJECT TO
PROSECUTION UNDER THIS AND APPLICABLE STATE LAW.
c.
All employees, including massage practitioners, shall be clean and
wear clean, nontransparent outer garments, covering the sexual and
genital areas.
d.
All massage establishments shall provide clean, laundered sheets,
towels in sufficient quantity and shall be laundered after each use
thereof and stored in a sanitary manner.
e.
The sexual or genital area of patrons must be covered by towels or
cloths and undergarments when in the presence of an employee or massage
therapist.
f.
It shall be unlawful for any person, knowingly, in a massage establishment,
to place his or her hand upon, to touch with any part of his or her
body, to fondle in any manner a sexual or genital area of any other
person.
g.
No massage therapist, employee or operator shall perform, offer or
agree to perform, any act which would require the touching of the
patron's genital area.
h.
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms
and all other physical facilities shall be in good repair and maintained
in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower compartments and toilet
rooms shall be thoroughly cleaned each day the business is in operation.
Bathtubs and showers shall be thoroughly cleaned each day.
[Ord. #2455, § I]
The conviction of any applicant or licensee or any criminal
offense, quasi-criminal offense or sanitary code violation related
to the licensee's business, or any sex related offense shall constitute
a forfeiture of their license and said license shall be deemed revoked.
[Ord. #2455, § I]
Any violation by the licensee of any of the provisions of this
section shall be grounds for the immediate revocation of a license.
However, the license shall not be revoked until a hearing therein
shall have been had before the health authority. Written notice of
the time and place of such hearing shall be served upon the licensee
at least 72 hours prior to the date set for such hearing. Such notice
shall also contain a brief statement of the grounds to be relied upon
for revoking the license. Notice may be given either by personal delivery
or by regular mail to the address listed on the license. At the hearing
before the health authority, the licensee shall have an opportunity
to answer and may thereafter be heard, and upon due consideration
and deliberation by the health authority, the license may be revoked
or the complaint may be dismissed. The decision of the health authority
shall constitute final administrative action of the municipality.
[Ord. #2455, § I]
The business operation is subject to unannounced department
of health and police department visits to insure the protection of
the citizens.
[Ord. #2455, § I]
If any section, paragraph, subdivision, clause or provision
of this section shall be adjudged invalid, such adjudication shall
apply only to that section, paragraph, subdivision, clause or provision
so adjudged, and the remainder of this section shall be deemed to
be valid and effective.
[Ord. #2455, § I; Ord. #2608, § 1]
This section shall take effect within 20 days after adoption
and publication according to law. The massage establishments and massage
therapists or practitioners currently engaged in massage therapy pursuant
to a license issued by the township shall comply with the requirements
for licensure within two years after their next renewal of their licenses.
[Ord. #2571, § 3; Ord. #2861-12, § 2]
It shall be unlawful for any person or business entity to maintain
a personal service establishment within the township without having
first procured an annual license from the local board of health so
to do, and without complying with any and all of the provisions concerning
the operation and maintenance of the same as contained in regulations
promulgated by the board of health of the township.
[Ord. #2571, § 3; Ord. #2861-12, § 2]
Shall mean any establishment having a fixed place of business
wherein any person or business entity engages in, carries on, or permits
to be engaged services of a personal nature, not otherwise provided
for in this chapter, relating to enhancement, improvement, or maintenance
of an individual's person or personal property, including but not
limited to, laundry, pet store and pet grooming establishments, dry
cleaning establishments, tanning salons, and commercial swimming pools
and whirlpools.
[Ord. #2571, § 3; Ord. #2861-12, § 2]
The annual fees for licenses for personal service establishments
are hereby fixed as follows:
a.
Laundromats/Launderettes.
Each coin operated washing or drying machine: $25.
Each coin operated machine in multiple dwelling laundry area:
$10.
b.
Dry cleaning establishments: $200.
c.
Pet Stores and Pet Grooming Establishments: $85.
d.
Tanning Salons: $250.
e.
Commercial Swimming Pools/Whirlpools: $250.
[Ord. #2571, § 3; Ord. #2861-12, § 2]
The license fees established in this section shall be effective
for the calendar year, expiring on December 31st of the year of issue,
and may be renewable for succeeding calendar years thereafter. The
fee for license renewal shall be due and payable on or before February
1st in the year of renewal.
[Ord. #2618, § 2; Ord. #2861-12, § 2;
Ord. #2872-12, § 5]
The purpose of this section is to regulate the practices of
body art, including permanent cosmetics, tattooing, and body piercing,
as defined in this section within the Township of Lyndhurst so as
to ensure the public safety and health against illness and injury.
[Ord. #2618, § 2; Ord. #2861-12, § 2;
Ord. #2872-12, § 5]
It shall be unlawful for any person to engage in the business
of operating an establishment where body art is performed without
first obtaining a license from the Lyndhurst Health Department to
engage in such business in accordance with the provisions hereof.
The license, when issued, shall be personal and shall not be construed
to grant a certificate of occupancy or approval for the use of any
premises or location. Each practitioner shall have an individual license
obtained from the township health department.
[Ord. #2618, § 2; Ord. #2861-12, § 2;
Ord. #2872-12, § 5]
Shall mean the practice of physical body adornment in permitted
establishments by operators utilizing, but not limited to, the following
techniques: (1) body piercing, (2) tattooing, and (3) permanent cosmetics.
Shall mean any place or premises, whether public or private,
temporary or permanent in nature or location, where the practices
of body art, whether or not for profit, are performed.
Shall mean the puncturing or penetration of the skin of a
person using presterilized, single-use needles and the insertion of
presterilized or disinfected jewelry or other adornment thereto in
the opening.
Shall mean the written approval provided by the health department
that a body art establishment has been inspected and meets all applicable
requirements.
Shall mean written approval provided by the Lyndhurst Health
Department confirming that the operator of a body art establishment
has registered with the local health department and meets all applicable
requirements.
Shall mean in the State of New Jersey a crime of the first,
second, third or fourth degrees; and in other jurisdictions, a crime
which is designated as a felony, a high misdemeanor, or any offense
which is higher than misdemeanor or disorderly person.
Shall mean the premises wherein body art performed.
Shall mean any individual, partnership, corporation or business
entity that owns and/or operates an establishment where body art is
performed.
Shall mean the implanting of inert pigments, colors and/or
dyes intradermally which results in permanent alteration of tissue
to gain a cosmetic effect. Permanent cosmetics is also known as "micro-pigmentation"
or "dermal pigmentation."
Shall mean any individual who, for any consideration whatsoever,
engages in the practice of body art as herein defined including but
not limited to, contractors, subcontractors, employees and temporary
employees.
Shall mean any method of placing ink or other inert pigment
into or under the skin or mucosa by the aid of needles or any other
instrument used to puncture the skin, resulting in permanent coloration
of the skin or mucosa. This includes all forms of permanent cosmetics.
[Ord. #2618, § 2; Ord. #2795-11; Ord. #2861-12,
§ 2; Ord. #2872-12, § 5]
a.
An application for a license for a body art establishment and practitioner
shall be made to the Lyndhurst Health Department, in writing, upon
such printed form as the Lyndhurst Health Department shall prescribe
and prepare, and shall require payment of an annual filing fee of
$500 and renewal fee of $250 for each establishment and $100 for each
practitioner.
b.
Any change of ownership shall require a new application and license
with payment of the required fees.
c.
All applicants shall submit construction plans and/or floor plans
to the Lyndhurst Health Department and Lyndhurst Construction Department
for review and approval prior to construction and operation.
d.
The Lyndhurst Health Department shall have the authority to establish
a payment plan for the required fees upon the request of an establishment
or practitioner, where the health department determines, in its sole
discretion, that the request is reasonable and appropriate.
[Ord. #2618, § 2; Ord. #2872-12, § 5]
Every license shall be displayed in a conspicuous place within
the body art establishment so that same may be readily seen by persons
entering the premises.
[Ord. #2618, § 2; Ord. #2872-12, § 5]
Every license for a body art establishment and practitioner
issued pursuant to this section shall expire one year after issuance
and may be renewed upon compliance with the requirements of this section
upon payment of the renewal fee.
[Ord. #2618, § 2; Ord. #2872-12, § 5]
a.
Compliance with Requirements of State Department of Health.
All establishments and practitioners of body art shall comply
with all requirements enacted by the State Department of Health pursuant
to N.J.S.A. 26:1A-10 et seq., and the regulations promulgated thereunder
pursuant to N.J.A.C. 8:27-1.1, as they pertain to the practice of
permanent cosmetics.
b.
Persons Seeking Body Art Services.
1.
Age. It shall be a violation of this section for any establishment
or practitioner to provide body art services to an individual under
18 years of age without authorization signed by the parent or legal
guardian of such individual and witnessed by the operator of the establishment.
The operator shall be responsible for maintaining the original consent
form and copies of all consent information, and copies of the photographic
identification of both the individual receiving the body art services
and the parent or legal guardian authorizing such services, for a
period of three years.
2.
Application for Services. Each person receiving body art services
must first apply to the operator of the establishment, on a form approved
by the Lyndhurst Health Department. Body art services may then be
applied no sooner than one hour after the time of the application
received by the practitioner. If the applicant is suspected of being
under the influence of alcohol, drugs or any other behavioral modifying
substance, the operator shall refuse to perform body art services
for the applicant.
c.
Background Check; Criminal Offenses.
1.
Background Check. All establishments, operators of establishments,
and practitioners shall be subject to a satisfactory background check
as required by the Lyndhurst Police Department, including but not
limited to, photographing and fingerprinting at least once every two
years.
2.
Criminal Offenses. No establishment, operator of an establishment,
or practitioner shall have been convicted of a criminal offense in
any jurisdiction.
d.
Training at Establishment Prohibited. Neither the operator of the
establishment nor a practitioner associated with the establishment,
shall train individuals in the practice of body art at the establishment,
or permit trainees to engage in the practice.
[Ord. #2618, § 2; Ord. #2872-12, § 5]
The conviction of any criminal offense by an establishment,
operator of an establishment, or practitioner, or of any violation
of the State Department of Health or sanitary code relating to the
practices of body art shall constitute a forfeiture of the license,
and such license shall be deemed revoked.
[Ord. #2618, § 2]
a.
Penalty. Any establishment, operator or practitioner who violates
any subsection of this section or fails to comply with any provisions
of this section, or the State Department of Health or sanitary codes,
shall be subject to a fine of not less than $250 nor more than $1,000
for each violation, or imprisonment in the County Jail up to 90 days,
or both. Each day that the violation exists shall be considered to
be a separate offense.
b.
Counsel Fees. The reasonable counsel fees incurred by the Lyndhurst
Health Department in the enforcement of this section shall be paid
by the establishment, operator or practitioner in connection with
any proceedings for violation. The amount of such reimbursable fees
and costs shall be determined by the court hearing the matter.
c.
Revocation and Suspension. In addition to the penalties provided herein, any license or certificate of registration issued under this section may be revoked or suspended for any misstatement in any application for any violation of this section. A license shall be afforded a hearing before the Lyndhurst Health Council prior to the revocation or suspension of a license for such misstatement or violation, other than for the reasons set forth in subsection 22-9.8. A licensee shall not be entitled to a hearing for conviction of a criminal offense or violation of the State Department of Health or sanitary code, as provided in subsection 22-9.8. Notice of the filing of a complaint which seeks to suspend or revoke any license or certificate of registration issued under this subsection shall be served on a licensee personally or on the person designated to receive service in the application for license of the establishment, operator of the establishment, or practitioner. Such notice shall establish a date for a hearing to be held not less than 10 days from the date of such notice, at which time the licensee shall have the right to be represented by counsel, call witnesses, cross-examine witnesses produced in support of the complaint, as well as such other rights necessary in order to ensure due process. Should any license or certificate of registration be revoked or suspended, no part of the license or registration fee shall be returned.
[Ord. #2618, § 2]
If any section, paragraph, sentence, clause, provision or phrase
of this ordinance shall be adjudged invalid, such adjudication shall
apply only to that section, paragraph, sentence, clause, provision
or phrase so adjudged, and the remainder of this ordinance shall be
deemed to be valid and remain in full force and effect.
[Ord. #2674, § 1]
The following Precautionary Principle shall be established as
the policy of the Township of Lyndhurst: "When an activity raises
threats of harm to human health, or the environment precautionary
measures should be taken even if some cause and effect relationships
are not fully established scientifically." (Wingspread Statement,
1998)
[Ord. #2674, § 1]
The following shall constitute The Township of Lyndhurst's Precautionary
Principle Policy. All officers, employees, boards, commissions, departments,
and agencies of the Township of Lyndhurst shall implement the Precautionary
Principle in conducting the Township's affairs:
a.
Utilization of Precautionary Principle. The Township of Lyndhurst
will utilize the Precautionary Principle to develop laws for a healthier
environment. By doing so, the township will create and maintain a
healthy, viable environment for current and future generations, and
will become a model of sustainability. The Precautionary Principle
is intended as a tool and philosophy to promote environmentally healthy
alternatives while removing the negative and often unintended consequences
of new technologies.
b.
Decision Making. The Township of Lyndhurst will strive to make decisions
based on the least environmentally harmful alternatives in order to
provide every resident with an equal right to a healthy and safe environment.
This requires that our air, water, soil, and food be of a sufficiently
high standard that we can live healthy lives. The precautionary approach
to decision-making will help Lyndhurst move beyond fixing environmental
ills to preventing the ills before they can do harm.
c.
Analysis of Alternatives.
1.
A thorough analysis of a wide range of alternatives will be explored
in order to present the public with different effects of different
options considering short-term versus long-term effects or costs,
and evaluating and comparing the adverse or potentially adverse effects
of each option, noting options with fewer potential hazards.
2.
Using the best available science, the Precautionary Principle requires
the selection of the alternative that presents the least potential
threat to human health and the township's natural resources. Fundamental
questions to be asked include: "Is this potentially hazardous activity
necessary?"; "What less hazardous options are available?"; and "How
much harm can we avoid?"
d.
Protective Action.
1.
By using the Precautionary Principle, the burden of proof will be
shifted from the public to the proponent of a technology. Where threats
of serious or irreversible damage to people or nature exist, lack
of full scientific certainty about cause and effect shall not be viewed
as sufficient reason for the township to postpone measures to prevent
the degradation of the environment or protect the health of its citizens.
Any gaps in scientific data will not prevent protective action being
taken by the township. As new scientific data become available, the
township will review its decisions and make adjustments when warranted.
2.
When there are reasonable grounds for concern, the precautionary
approach to decision-making will seek to reduce harm through:
(a)
Anticipatory action: A duty to take anticipatory action to prevent
harm. Government, business, and community groups, as well as the public,
share this responsibility.
(b)
Right to know: The community has a right to know complete and
accurate information on potential human health and environmental impacts
associated with the selection. The burden to supply this information
lies with the proponent, not with the general public.
(c)
Alternatives assessment: An obligation exists to examine alternatives
and select the alternative with the least potential impact on human
health and the environment, including the alternative of taking no
action.
(d)
Full cost accounting: When evaluating potential alternatives,
there is a duty to consider all the costs, including raw materials,
manufacturing, transportation, use, cleanup, eventual disposal, and
health costs even if such costs are not reflected in the initial price.
Short- and long-term time thresholds will be considered when making
decisions.
(e)
Transparency: Public participation and an open and transparent
decision making process are critical to finding and selecting alternatives.
e.
Preservation of Environment. The duty to enhance, protect and preserve
the township's environment rests on the shoulders of government, residents,
citizen groups and businesses alike. The Township of Lyndhurst will
work towards generating power from renewable sources, recycling waste,
and keeping our land and waters free from toxins and pollutants. The
Precautionary Principle provides a means for the Township to attain
these goals as we develop future laws and policies in such areas as
transportation, construction, land use, planning, water, energy, health
care, recreation, purchasing, and public expenditure.
f.
Promotion of General Welfare. All township employees and officials
are encouraged to take the Precautionary Principle into consideration
and evaluate alternatives when taking actions that could impact health
and the environment, especially where those actions could pose threats
of serious harm or irreversible damage. This ordinance does not impose
specific duties upon any township employee or official to take specific
actions. In adopting and undertaking the enforcement of this ordinance,
the township is assuming an undertaking only to promote the general
welfare. It is not assuming, nor is it imposing on its officers and
employees, an obligation for breach of which it is liable in money
damages to any person who claims that such breach proximately caused
injury nor may this ordinance provide any basis for any other judicial
relief including, but not limited to, a restraining order or injunction.
[Added 11-13-2017 by Ord.
No. 2980-17]
No person shall feed, in any public park or on any other property
owned, operated or controlled by either the Township of Lyndhurst
or any private owner, any wildlife, as herein defined, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
a.
The feeding of wildlife is prohibited.
1.
No person shall purposely or knowingly feed, bait or in any manner
provide access to food to any wildlife in the Township on lands either
publicly or privately owned.
2.
No person shall purposely or knowingly leave or store any refuse,
garbage, food product, pet food, forage product or supplement, slat,
seed or birdseed, fruit or grain in any manner that would constitute
an attractant to any wildlife.
3.
No person shall fail to take remedial action to avoid contact or
conflict with wild animals, which may include the securing or removal
of outdoor trash, cooking grills, pet food, bird feeders or any other
similar food source or attractant after being advised by the Township
to undertake such remedial action. Further, after an initial contact
or conflict with wild life, no person shall continue to provide, or
otherwise fail to secure or remove, any likely food sources or attractants,
including, but not limited to, outdoor trash, grills, pet food or
bird feeders.
b.
The feeding of songbirds and other backyard birds is permitted. Feeding
of songbirds and other backyard birds shall be permitted outdoors
under the following conditions, and the violation of any of the conditions
set forth below shall be a per se public health nuisance:
1.
No birdseed or any form of bird feed shall be thrown or scattered
on the ground of any property or placed on any fence.
2.
Birdseed and other forms of bird food must be dispensed from bird-feeding
receptacles that are enclosed and suspended or elevated no less than
five feet from the ground.
3.
No more than three bird-feeding receptacles shall be located on any
one property at any given time.
4.
Bird-feeding receptacles shall be placed in the front yard and rear yard of the property only and not less than 10 feet from the property line or any fence. The areas comprising a front yard or rear yard shall be in accordance with Chapter 21, entitled "Zoning Ordinance," of the Revised General Ordinances of the Township of Lyndhurst. The placing of bird-feeding receptacles in any side yard, as defined in Chapter 21, entitled "Zoning Ordinance," of the Revised General Ordinances of the Township of Lyndhurst, is be prohibited.
5.
Bird-feeding receptacles shall be filled with no more than three
pounds of bird feed or bird food at any time.
6.
Bird-feeding receptacles shall not create an unreasonable disturbance
that affects the rights of surrounding property owners or renders
other persons insecure in the use of their property.
7.
Bird-feeding receptacles shall not become an attraction for rodents
or other wildlife and shall not create an accumulation of droppings
and/or fecal matter on the property or surrounding properties.
c.
BIRD-FEEDING RECEPTACLE
FEED
NUISANCE
PERSON
WILDLIFE
Definitions. For purposes of this section, the following definitions
will apply:
Any device which is created, designed, or used for or otherwise
holds birdseed and/or bird food.
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting, or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any matters, things, conditions or acts as set forth and defined in Subsection 22-1.3 of the General Ordinances of the Township of Lyndhurst.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
All animals that are neither human nor domesticated. It includes
any animal which is not normally domesticated in this state, including,
but not limited to, bears, coyotes, deer, foxes, rodents, groundhogs,
opossums, raccoons, skunks, waterfowl, migrant waterfowl such as Canadian
geese, and the like.
d.
Enforcement. This section shall be enforced by the Property Maintenance
Officer(s), Police Department, Board of Health and Animal Control
Officers.
e.
Violations and penalties.
1.
Any person found to be in violation of this section shall be ordered to cease the feeding immediately. Any person found to be in violation of this section shall be provided with 24 hours to correct the violation. Any person who is provided with such notice and fails to correct a violation within 24 hours shall be subject to the penalties under Subsection e of this Section.
2.
Any person who is found in violation of the provisions of this section
shall be subject to a fine of $500 for a first offense and $1,000
for a second offense. Any person who is found in violation of the
provisions of this section for a third or subsequent offense shall
be subject to a fine of $500 per day until the violation is abated.
