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Township of Mahwah, NJ
Bergen County
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Table of Contents
Table of Contents
[BH Ord. #3; 1976 Code § 206-1]
The terms "Board of Health" and "Board" as used in this Chapter shall be construed to mean the Board of Health of the Township of Mahwah in the County of Bergen.
[1]
Editor's Note: See Chapter BH15, Individual Subsurface Sewage Disposal Systems.
[BH Ord. #3; 1976 Code § 206-2]
No privy shall hereafter be constructed, reconstructed or installed in the Township unless a permit therefor shall first have been issued by the Board of Health of this Township.
[BH Ord. #3; 1976 Code § 206-3]
Each privy hereafter constructed, reconstructed, installed, maintained or used in the Township shall conform to the following requirements:
a. 
The privy building shall be substantially constructed and shall be kept in good repair.
b. 
There shall be a vault or other container for excremental matter beneath the seat in each privy building, and in the case of all privies located within fifty (50') feet of any well or spring, the waters of which are used for domestic or drinking purposes, the vault or excrement container shall be watertight.
c. 
Each privy and vault or other container for human excrement shall be so constructed and maintained that flies cannot gain access to excrementitious matter contained therein.
d. 
The openings in the seats of each privy shall be fitted with substantial, tightly fitting covers hinged to some part of the seat framework or to the back wall of the privy building and so arranged as to be self-closing.
e. 
The privy building shall rest upon a substantial foundation and in such a manner that flies cannot gain access to the material in the vault or other container between the foundation and the privy building.
f. 
The privy building shall be securely anchored to keep it in an upright position, and each privy shall be kept in an upright position except during the process of cleaning, reconstruction or removal.
g. 
Each privy shall be located at least eight (8') feet from any property line and thirty (30') feet from any well.
[BH Ord. #3; BH Ord. #59; 1976 Code § 206-6]
Each owner of property on which there is now or hereafter constructed a structure or building of any kind, which building is required to have or does have a need for disposal of sewage or other waste generally disposed of by a sanitary sewer treatment facility, shall within one (1) year from the date written notice is given to such person that a public sanitary sewer system is complete and available to serve such property, make a suitable, proper and lawful connection to such system.
[BH Ord. #3; BH Ord. #59; 1976 Code § 206-6.2]
Notice referred to in subsection BH11-2.6 of this section shall be given to each property by the administrative authority (Plumbing Subcode Official) designated in the Uniform Construction Code then in force in New Jersey. Notice shall be in writing and shall be deemed delivered when mailed by regular mail to the owner shown on the current Municipal real estate tax records at such owner's last known post office address shown on such records or by delivering such notice to the owner or his agent or by leaving such notice at such property with any person over the age of fourteen (14) or by securely and conspicuously affixing such notice to the principal building on such property in the absence of such resident person.
[BH Ord. #3; BH Ord. #60; 1976 Code § 206-6.4]
Every house sewer, whether dry or wet, installed at any time prior to completion of construction and operation of the public sanitary sewer system shall conform in every respect to the National Standard Plumbing Code regulations for house sewers in force at the effective date of this section or, if installed subsequent to the effective date of this section, such as are in effect at the commencement of such installation.
[BH Ord. #3; BH Ord.#60; BH Ord. #69; 1976 Code § 206-6.5]
Every dry sewer installed in new residential construction shall begin within such residential building and be capped at that end. Every dry sewer installed in an existing residential building shall be capped by an expandable plug or "test plug" either inside or outside such residential building. Every dry sewer installed after the effective date of this section shall be installed in a straight line, or on a course traversing the shortest practicable distance from the dwelling to the point of connection of such dry sewer to the Public Sanitary Sewer System. Every such dry sewer shall be indicated on every sewerage disposal plan approved by the Board of Health. Every owner of every lot upon which any such dry sewer is installed shall, upon completion of such installation, file with the Board of Health a copy of a prior approved plan marked "as built" and certified by the owner, a licensed plumber or professional engineer, to show the actual location of such dry sewer.
[BH Ord. #3; BH Ord. #39; BH Ord. #40; BH Ord. #54; BH Ord. #74; 1976 Code § 206-7; BH Ord. #12-128]
No person shall bring into the Township, own, keep, harbor, board, raise, breed or maintain any cattle or horse, as hereinafter respectively defined, within the Township nor permit the same, without first having applied for and having obtained from the Board of Health of the Township, a license for that purpose, as hereinafter prescribed. The license is renewable April 1 of each year.
a. 
A license shall be issued as follows.
1. 
For cattle, as hereinafter defined, upon making application for a license, payment of ninety ($90.00) dollars for one (1) to three (3) cattle, payment of one hundred fifty ($150.00) dollars four (4) to nine (9) cattle, and payment of two hundred fifty ($250.00) dollars for ten (10) cattle or more, upon presenting a veterinarian's certification that each cattle is free of communicable disease and is currently and effectively inoculated against any communicable disease against which either or both the Department of Health and/or the Department of Agriculture of the State of New Jersey may recommend or direct cattle as hereinafter defined, to be inoculated, and upon making an application for a license, and if the cattle are to be kept in a proper and sanitary place and will not result in giving forth of any offensive odor and will not in any way be unsanitary or dangerous or injurious to health.
2. 
For horses, as hereinafter defined, upon making application for a license, payment of a fee of ninety ($90.00) dollars for one (1) to three (3) horses, payment of one hundred fifty ($150.00) dollars for four (4) to nine (9) horses, payment of two hundred fifty ($250.00) dollars for ten (10) or more horses, upon presenting a veterinarian's certification that each such horse is free of communicable disease and is currently and effectively inoculated against eastern and western encephalitis and any other communicable disease against which either or both the Department of Health and/or the Department of Agriculture of the State of New Jersey may from time to time recommend or direct horses, as hereinafter defined, to be inoculated, and upon making an application for a license, and if the horses are to be kept in a proper and sanitary place and will not result in giving forth of any offensive odor and will not in any way be unsanitary or dangerous or injurious to health.
b. 
As used in this section unless the context otherwise requires, the following terms shall have the meanings indicated:
Application (in the case of application for a license for horses or cattle) shall mean a sketch or plot plan of the premises containing sufficient data which, together with a physical inspection of the premises, would tend to establish compliance with the requirements of this section.
Barn shall mean a structure housing any horses or cattle.
Cattle shall mean domestic quadrupeds of the bovine species, including, without limitation cows, bulls, sheep, goats and swine, but excluding horses as hereinafter defined.
Horse shall mean horses, asses, mules, burros and ponies.
c. 
No person shall keep any cattle or horses in excess of the number specified in the license granted for that purpose. License shall be prominently displayed where such cattle or horses are kept.
d. 
The Board may, after reasonable notice and public hearing if demanded, refuse to grant a license if a proper and sanitary place for keeping cattle or horses is not to be provided by the applicant or if it finds that a health hazard is likely to arise or if the applicant fails to comply with any part of this section.
e. 
The Board at any time may revoke any license if it finds, after reasonable notice and public hearing, the license notwithstanding, that a subsequent health hazard has arisen or that there is a failure to comply with any part of this section.
f. 
Should the Board find, determine or have reason to believe that an applicant should be denied a license, or, in any case where a license has been issued, should the Board find, determine or have reason to believe that the license should be revoked, then in such event the Board shall so notify the applicant or licensee, as the case may be, in writing, either by delivery of a copy of the notice to him personally or by mailing a copy by certified mail, return receipt requested. The applicant or licensee shall have ten (10) days from receipt of the notice if delivered personally, or from the date the notice was postmarked if mailed, in which to notify the Board in writing, signed by him, that the applicant or licensee desires a hearing on the matter.
g. 
Should the applicant or licensee not request a hearing as provided in paragraph f., or should the Board, upon conclusion of a hearing held upon such request, determine that a license should not be issued or that a license already issued should be revoked, then in that event the Board shall notify the applicant or licensee, personally at the conclusion of the hearing or by mailing him a copy of the written notice by certified mail, return receipt requested, of the fact and, in the case of a licensee, that the licensee shall have ten (10) days from the date of the hearing, if notice is in person, or, if by mail, ten (10) days from the date of mailing of the notice, to remove any and all such cattle or horses from the licensee's premises.
h. 
No person shall allow any cattle or horses to run at large in the Township. Cattle and horses shall at all times be confined to the premises for which a license is issued or be under the immediate control of the licensee.
i. 
It shall be unlawful for any person to bring into the Township, for any purpose whatsoever, any pigeon. This provision shall not be construed to prohibit the keeping of pigeons already within the Township prior to the effective date of this amendment, provided that the owner, keeper or breeder of such pigeons has obtained from the Board of Health a permit for such purpose and provided further that the holder of such permit shall not be in violation thereof.
[BH Ord. #3; BH Ord. #39; BH Ord. #54; 1976 Code § 206-8]
a. 
Upon each lot on which a horse is to be owned, kept, harbored, boarded, raised, bred or maintained there must be a barn under roof, within which barn there must be for each horse a box stall located within an area ten (10') feet square and unoccupied by any other stall or any part of any other stall. Such minimum areas shall be exclusive of storage area for feed and materials kept within any barn.
b. 
No barn shall be located nearer than fifty (50') feet to any dwelling.
c. 
Feed and products shall be kept in sanitary containers, which containers shall be constructed to prevent entry of rats or other vermin and shall be located so as to be inaccessible to any horses or cattle. If such containers are located in any part of a barn not separated from all stalls by a solid partition, the floor area between all stalls and the containers shall be of impervious material. If such containers are kept in any area separated from all stalls by a solid partition as permitted, access to such area shall be fitted with a tight door which shall be kept securely closed when not in actual use.
d. 
Every barn, feed room and material room shall be so constructed as to discourage the entry of rats and other vermin.
e. 
Every yard, arena, paddock, rink, stable and every other structure or enclosure where any horses or cattle are kept, housed or confined shall be kept in a clean and dry condition. No vegetable or other putrescible matter shall be allowed to remain or decay in any such structure or enclosure.
f. 
Liquid wastes of horses and cattle shall not be permitted to stand or accumulate upon the surface of any lot or premises.
g. 
Every barn shall be kept free of flies and like insects and pests.
h. 
No part of any barn, arena, paddock, rink, corral or pigpen shall be located nearer than fifty (50') feet to any adjacent property.
i. 
No horses or cattle shall be grazed or pastured nearer than eight (8') feet to any dwelling or adjacent property.
j. 
Nothing herein shall be construed to permit construction of any structure or enclosure not conforming to the Building Code and complying with the zoning ordinances of the Township of Mahwah.
[BH Ord. #3; BH Ord. #39; BH Ord. #65; 1976 Code § 206-8A; BH Ord. #12-128]
a. 
Any person who violates any provision of or order promulgated under this Chapter or Code established herein shall, upon conviction thereof, be liable to the penalty as stated in Chapter BH1, Section 1-2.
b. 
Each day that a violation of the provisions of this section exists shall be deemed a separate violation for which a penalty may be recovered.
[BH Ord. #3; 1976 Code § 206-9]
No house or kitchen slops, sink drainage, laundry waste or other decomposable or putrescible waste liquids shall be discharged or deposited in or upon any sidewalk, street, highway or public place in the Township nor in such place or manner as to reach any sidewalk, street, highway or public place in the Township, nor in or upon any private property within a distance of eight (8') feet from any property line; nor shall any such waste material be discharged or disposed of in any place or manner that will pollute the water in any well or spring, the waters of which are used for drinking or household purposes; nor shall such waste liquids otherwise be disposed of or permitted to accumulate in any manner that will create a nuisance detrimental to the public health; provided, however, that this subsection shall not apply to any sewerage system approved by the State Department of Health.
[BH Ord. #3; 1976 Code § 206-10]
No owner, tenant or other person in charge of any property in the Township shall maintain or permit to be maintained on the property any accumulation of house or kitchen slops, sink drainage, laundry wastes or other waste liquids in which fly larvae or mosquito larvae exist.
[BH Ord. #3; 1976 Code § 206-11]
All garbage, offal and decomposing animal or vegetable matter which shall accumulate at any dwelling, camp, restaurant, market, store or at other similar places in the Township shall be stored in watertight, tightly covered receptacles or buried daily in the ground to the depth of one (1') foot.
[BH Ord. #3; 1976 Code § 206-12]
No person shall deposit nor permit to be deposited any garbage, rubbish or decomposing animal or vegetable matter in or upon any sidewalk, street or highway in the Township.
[BH Ord. #3; 1976 Code § 206-13]
No owner, tenant or person in charge of any premises in the Township shall maintain or permit to exist on the premises any accumulation of decomposing animal or vegetable matter in which fly larvae exist or which otherwise contributes to and constitutes a nuisance.
[BH Ord. #3; 1976 Code § 206-14]
No person, firm or corporation shall transport, carry or cause to be transported or carried through or along any sidewalk, street, alley or public highway in the Township any night soil or material removed from any privy vault or from any cesspool, septic tank or other drainage receptacle except where such material is transported or carried in a watertight receptacle so covered as to prevent the oozing, leaking or splashing of any liquid or solid therefrom.
[BH Ord. #3; 1976 Code § 206-15]
Any person, firm or corporation collecting and transporting garbage, refuse, decomposing animal or vegetable matter shall first have obtained a permit from the Board of Health.
[BH Ord. #3; 1976 Code § 206-16]
Cleaning of privy vaults, cesspools and septic tanks and transporting of such waste material shall be done only by duly licensed scavengers. Such licenses shall be issued by the Board of Health for a period of one (1) year from the date of issuance, unless revoked prior to that date by the Board.
[BH Ord. #3; 1976 Code § 206-17]
Whenever the Board of Health of the Township of Mahwah shall have satisfactory evidence that any well, spring, or cistern, the waters of which are used for drinking or for domestic purposes or in the process of cleaning utensils used in handling food or drink at any hotel, restaurant, lunchroom, ice-cream store, soda fountain or similar food vending establishments, or in the process of cleansing utensils in handling milk or other dairy products, has become polluted and rendered unsafe for potable use, notice to discontinue the use of the polluted water for such purposes shall be sent to the owner or party in charge of the well, or, at the discretion of this Board, notice may be served upon the owner or party in charge of such well to close, fill up or withdraw from the ground the well or to make such supply safe for potable purposes.
[BH Ord. #3; 1976 Code § 206-18]
Each water closet, bathtub, washbowl, sink, washtray and other drainage fixture, also each trap, waste pipe, drainpipe, vent pipe and other drainage appliance, which is not constructed in a workmanlike manner or which is damaged, broken, imperfect or defective, and also each untrapped drainage fixture, is hereby declared to be a nuisance, and any person, firm or corporation which shall cause or maintain any such nuisance or which shall refuse or neglect to repair and make perfect any defect in any such water closet, bathtub, washbowl, sink, washtray, trap, waste pipe, drainpipe, vent pipe or any other drainage appliance or portion thereof shall be liable to a penalty.
[BH Ord. #3; 1976 Code § 206-19]
Whenever it shall be decided by this Board that any building or part thereof is unfit for human habitation by reason of its becoming infected with disease or by reason of its being in a condition dangerous to health or otherwise likely to cause sickness among the occupants, and notice of such decision shall be affixed conspicuously to the building or any part thereof so decided to be unfit for human habitation and shall be served personally upon the owner, agent or lessee, if the same can be found in the State, requiring all persons therein to vacate such building or part thereof, such building or part thereof shall, within ten (10) days thereafter or within such shorter time as may be specified in the notice, be vacated.
[BH Ord. #3; BH Ord. #41; 1976 Code § 206-20]
The owner, tenant, manager and all other persons maintaining, operating or in charge or control of any public place, including without limitation any service station, hotel, motel, restaurant, school, theater, public hall or railroad station, 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 Board of Health.
[BH Ord. #3; BH Ord. #41; 1976 Code § 206-21]
Every public place shall have separate toilet facilities for male and female and each such facility shall contain the following:
a. 
A washroom containing a sink and hot and cold water under pressure.
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 and a sanitary napkins waste receptacle.
e. 
A mechanical dispenser filled with liquid or powdered soap.
[BH Ord. #3; BH Ord. #41; 1976 Code § 206-22]
a. 
In all public places the following is prohibited:
1. 
The use of cake soap in common.
2. 
The use of any common drinking cup.
3. 
The use of towels in common.
4. 
The use of cleaning agents containing hydrocyanic acid or other poisonous ingredients.
b. 
Drinking fountains must be of the angle-stream bubbler type or other type accepted by the Board of Health. All fountains shall throw a stream not less than three (3") inches from the bubbler. Drinking fountains must be kept clean and free of debris.
[BH Ord. #3; 1976 Code § 206-23]
No person shall engage in the handling, selling or preparing in any store, bakery or market, or in the preparing, cooking or serving in any public restaurant, hotel or other boarding place, of any article of food for human consumption, unless such person furnishes to this Board a certificate signed by a licensed physician approved by this Board, stating that such person is free from evidence of communicable disease, such examination to be made with special reference to tuberculosis and venereal diseases. Such person shall be reexamined at least yearly on or before May 1 of each year and such certificate shall be filed with the Board not later than May 1 of each year.
[BH Ord. #3; 1976 Code § 206-24]
The sale or offering for sale of any meat or vegetable, food or drink for human consumption that is unwholesome or unfit for food is hereby prohibited; any person or persons who shall sell, offer for sale or have in his or their possession with intent to sell any meat or vegetable, food or drink for human consumption that is unwholesome or unfit for food shall, upon conviction thereof, be liable to a penalty.
[BH Ord. #3; 1976 Code § 206-25]
When any meat, fish, bird, fowl, fruit, vegetable or drink is found by an inspector or member of this Board being offered or exposed for sale which is in a condition which renders it unwholesome or unfit for use for human food, he shall order the same to be removed, and the owner or persons in charge of such article or matter or substance shall immediately remove the same from any market, street or place and such article shall not be sold or offered for sale nor in any way disposed of for human food.
[BH Ord. #3; 1976 Code § 206-26]
All dishes and other utensils in which food or drink is served or which are used by customers, and all knives, forks, spoons, cups, glasses and similar articles used by customers in the consumption of food or drink, except single-service utensils, shall be thoroughly cleansed in hot soapy water or a hot alkaline solution and later rinsed or immersed in clean water of a temperature of at least one hundred eighty (180°) degrees Fahrenheit before being used in serving another customer, or shall be cleansed and treated in some other manner which will yield equal results. Facilities for providing an adequate supply of hot water for the purpose above set forth shall be maintained and used.
[BH Ord. #3; 1976 Code § 206-27]
All utensils and implements used in cooking, preparing or serving food shall be cleansed in hot soapy water or a hot alkaline solution and later rinsed in clean scalding water or shall be cleansed and treated in some other manner which will yield equal results.
[BH Ord. #3; 1976 Code § 206-28]
The vessel in which dishes and other utensils and equipment used in preparing or serving food are washed shall be of metal or some other nonabsorbent material and shall be used for no other purpose unless it has been cleansed in accordance with the provisions of subsection BH11-6.7.
[BH Ord. #3; 1976 Code § 206-29]
Every physician shall, within twelve (12) hours after his first professional attendance upon any person who is afflicted with any of the following diseases, report such sickness by telephone or message and confirm the same in writing to the person designated by this Board to receive such reports:
Anthrax
Chicken pox
Cholera, Asiatic
Diphtheria (membranous croup)
Dysentery (Amebic and bacillary)
Encephalitis, lethargic
Glanders
Influenza
Leprosy
Malaria
Measles
Measles, German (rubella)
Meningitis (epidemic cerebrospinal)
Mumps
Ophthalmia neonatorum
Paratyphoid fever
Pneumonia (broncho, lobar)
Plague
Poliomyelitis, acute anterior
Rabies (hydrophobia)
Rocky Mountain spotted fever
Scarlet fever
Smallpox (varioloid)
Streptococcic sore throat
Tetanus
Trachoma
Trichinosis
Tuberculosis, all forms
Tularemia
Typhoid fever
Typhus fever
Undulant fever
Whooping cough
Yellow fever
[BH Ord. #3; 1976 Code § 206-30]
When no physician is in attendance, it shall be the duty of every person who has reason to believe that any person living, dwelling or being in any building or apartment under his control is affected with any of the communicable diseases enumerated in subsection BH11-7.1, to, within twelve (12) hours after discovering the same, report the facts in writing to the person designated by this Board to receive such reports.
[BH Ord. #3; 1976 Code § 206-31]
Whenever it shall be deemed necessary by this Board to establish the true character of any disease which it may believe to be communicable, a medical examination of the person or persons affected by such disease may be ordered and such examination shall be permitted by all attendants and persons.
[BH Ord. #3; 1976 Code § 206-32]
In case an infectious, contagious or communicable disease occurs in this Township, the person affected thereby shall, at the discretion of this Board, be isolated or he may be removed to such locality as this Board may order and direct; and all buildings, clothing, property, premises and vehicles which may become infected by the presence of persons affected with contagious, infectious or communicable disease shall be disinfected, and the disinfection shall be made and performed in such manner and with such materials and within such stated time and under such supervision as this Board may direct. This Board may establish such separation and isolation or quarantine of the sick from other persons not necessary as attendants and also provide and effect such special care, disinfection and cleansing of property and premises as shall, in the judgment of the Board, be needed in order to prevent the spreading of such diseases to other persons.
[BH Ord. #3; 1976 Code § 206-33]
Whenever quarantine or isolation and separation of persons or property on account of contagious, infectious or communicable disease is ordered by this Board, notice of the order shall be given to the persons affected thereby. Notice shall be in writing and it may be served personally, left with some person at the infected house, or it may be posted upon the building or premises occupied by the infected persons or property. The requirements of the quarantine notice shall be obeyed by all persons, and no such notice or any other sign indicating the presence of communicable disease upon any premises shall be removed except by consent of this Board.
[BH Ord. #3; 1976 Code § 206-34]
No person or article liable to contribute to the spread of a communicable disease shall be brought within or removed from the limits of the Township of Mahwah without the written permit and except under the direction of the Board of Health thereof; and whenever it shall come to the knowledge of any person that such a person or article has been brought within such limits, he shall give notice thereof immediately to the Board. No person shall, within the Township, without a permit from the Board of Health therefor, carry or remove from one (1) building to any other any person sick of any communicable disease, nor shall any person by an exposure of any individual sick of any communicable disease, or of the body of such person, or by a negligent act connected therewith or in respect to the care or custody thereof, or by a needless exposure of himself or of others by his instigation or direction, cause or contribute to or promote the spread of communicable disease. No owner, lessee or tenant of any dwelling, temporary or permanent, in which there shall occur a case of communicable disease, shall permit any clothing or other property that may have been exposed to infection to be removed from the dwelling until permission therefor shall have been granted by this Board, nor shall any occupant of such a dwelling change his residence elsewhere without the consent of the Board during the prevalence of any public danger from the disease.
[BH Ord. #3; 1976 Code § 206-35]
No principal, teacher or superintendent of any school and no parent or guardian of any child attending any school shall permit any child sick with any disease mentioned in subsection BH11-7.1 or any other contagious or infectious disease, or any child residing in any house in which such disease shall exist, to attend any school or any public gathering until a permit is granted by this Board.
[BH Ord. #3; 1976 Code § 206-36]
When any person shall be sick or infected with smallpox, scarlet fever, diphtheria, measles, German measles, cholera, typhoid fever, typhus fever, yellow fever, whooping cough, chicken pox, poliomyelitis, meningitis or any other contagious disease to be hereafter specified by the Board, it shall be the duty of the representative of the Board to cause to be put up or to put up and maintain in a conspicuous place in front of the dwelling house or place occupied by such person, a card or sign on which the name of the disease, together with such other words as may be necessary, shall be written or printed in plain letters of such size as the Board shall direct, and the card or sign shall be so maintained until the same shall be ordered to be removed by the Board.
[BH Ord. #3; 1976 Code § 206-37]
It shall be unlawful for any person or persons to remove, deface, injure, obstruct, hide or cover up the card or sign, or to cause the same to be removed, defaced, injured, obstructed, hid or covered up.
[BH Ord. #3; 1976 Code § 206-39]
No dog shall be allowed to enter any marketplace or store where food of any kind intended for human consumption is offered for sale.
[BH Ord. #3; 1976 Code § 206-40]
No vegetables, fruit, berries nor any article or substance intended to be used as food shall be displayed or exposed on sidewalks or otherwise on or in any public thoroughfare in the Township, and all fruits, berries, lettuce, celery and all other substances intended to be used as food and which may be eaten without being divested of an outer skin or husk or shell shall be effectually protected from dust, flies, etc, by netting or other covering approved by this Board.
[BH Ord. #3; 1976 Code § 206-41]
Every building, room, basement or cellar occupied or used as a bakery, confectionery, cannery, packing house, slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel, grocery or meat market, or other place or apartment used for the production, manufacture, preparation, packing, storage or distribution of food intended for sale or distribution, shall be properly lighted, drained, plumbed and ventilated, and the operations carried on in such building, room, basement or cellar shall be conducted in such a manner that the purity and wholesomeness of the food therein produced, manufactured, prepared, packed, stored, sold or distributed shall not be impaired.
[BH Ord. #3; 1976 Code § 206-42]
The floors, sidewalls, ceilings, receptacles, implements and machinery of every establishment or place where food intended for distribution or sale is produced, manufactured, prepared, packed, stored, sold or distributed, and all cars, trucks and vehicles used in the transportation of such food products, shall at all times be kept in a clean and sanitary condition. All food intended for distribution or sale, while in the process of production, manufacture, preparation, packing, storing, sale, distribution or transportation, shall be securely protected from flies, dust, dirt and, so far as the same is possible, by the use of all reasonable means, from all other foreign or injurious contamination; the refuse, dirt and waste products subject to decomposition or fermentation incident to the production, manufacture, preparation, packing, storing, sale, distribution or transportation of food shall be removed daily. The clothing worn by all operatives, employees, clerks and other persons while engaged in work in any of the places where food intended for sale or distribution is produced, manufactured, prepared, packed, stored, sold, distributed or transported shall be in a clean condition at all times. No person shall transport any such food in such a manner that the purity or wholesomeness thereof shall be in anywise impaired.
[BH Ord. #3; 1976 Code § 206-43]
The sidewalls of every bakery, confectionery, creamery, cheese factory, hotel or restaurant kitchen shall be well plastered, wainscoted or ceiled with metal or lumber and shall be oil-painted or kept well lime-washed, and all interior woodwork in every bakery, confectionery, creamery, cheese factory, hotel or restaurant kitchen shall be kept well oiled or painted with oil paint and shall be kept washed clean with soap and water, and every building, room, basement or cellar occupied or used for the preparation, manufacture, packing, storage, sale or distribution of food intended for distribution or sale and in which food is exposed shall have a tight floor made of cement or of tile laid in cement, brick, wood or other suitable material which can be flushed or washed clean with water.
[BH Ord. #3; 1976 Code § 206-44]
All operatives, employees, clerks or other persons who handle the material from which food intended for distribution or sale is prepared, or the finished product, before beginning work and after visiting the toilet, shall wash their hands and arms thoroughly with clean water and soap, and every owner or manager of any place in which food is produced, manufactured, prepared, packed, stored, distributed or sold shall provide adequate facilities for such washing, and it shall be the duty of every such owner or manager to take all reasonable means to compel all operatives, employees, clerks or other persons handling the material from which such food is prepared, or the finished product, to perform such washing as aforesaid. All toilets, lavatories and washrooms shall be separate and apart from the room or rooms where any processes incident to the production, manufacture, preparation, packing, storage, sale or distribution of such food are carried on, and such toilets, lavatories and washrooms shall at all times be kept in a clean and sanitary condition.
[BH Ord. #3; 1976 Code § 206-45]
No person or persons shall expectorate within any building or portion thereof where foodstuffs of any description whatsoever are produced, manufactured, packed, distributed or sold.
[BH Ord. #3; 1976 Code § 206-46]
No person or persons shall be allowed to live or sleep in any room where food intended for sale or distribution is produced, manufactured, packed, distributed or sold.
[BH Ord. #3; 1976 Code § 206-47]
a. 
All persons who are engaged in the business of barbering, shaving or haircutting or in the beauty shop business shall abide by the following regulations:
1. 
Barbers and beauty shop operators must wash their hands thoroughly with soap and water before attending each and every person.
2. 
No alum or other astringent shall be used in stick form, but if used at all, it must be applied in powder form.
3. 
The use of powder puffs, sponges and finger bowls is prohibited.
4. 
No towel shall be used for more than one (1) person without being washed.
5. 
All apparatus, utensils and appliances shall be kept clean and sanitary.
6. 
Towels shall not be dipped into warm-water tanks.
7. 
Shaving mugs shall be thoroughly washed before each use.
8. 
No person or persons suffering from any communicable skin disease or eruption of face or scalp shall be served in any barbershop or any beauty shop in the Township of Mahwah.
9. 
No person suffering from any such disease or from tuberculosis or other communicable disease shall engage in barbering, shaving or haircutting or in the beauty shop business in the Township of Mahwah.
b. 
A copy of these regulations shall be conspicuously posted in every barbershop and beauty shop.
[BH Ord. #3; 1976 Code § 206-48; BH Ord. #12-128]
All persons who desire to engage in the business of cleaning cesspools, privy vaults, septic tanks and holding tanks shall first apply for and obtain a license from this Board for that purpose, which application shall be in writing and shall give the place of residence of applicant; every person so licensed, when about to engage in his occupation, shall give notice to the Health Inspector or Secretary of the Board of Health of the time and place when and where he is to be so engaged, indicating the time and place he proposes to dump the material gathered. Every person so licensed shall pay an annual license fee as stated in Chapter BH15 of one hundred fifty ($150.00) dollars per year.
[BH Ord. #3; 1976 Code § 206-49]
No person shall expectorate upon the floor of any street or railway car or any public conveyance, nor upon the floor or any stairway of any public building, nor on any sidewalk of any public street in the Township.
[BH Ord. #3; 1976 Code § 206-50]
Whatever loud and unnecessary noise which disturbs the public peace, i.e., the unnecessary blowing of whistles or horns, sounding of gongs, ringing of bells, barking of dogs, operating of noisy delivery wagons, the use of muffler cutouts or the occurrence in any manner of loud and unnecessary noise in the Township is hereby declared a nuisance and is prohibited at all times.
[BH Ord. #3; 1976 Code § 206-51]
Every veterinary or other person who is called to examine or professionally attend any animal within the Township having the glanders, rabies, tuberculosis or any other communicable disease shall, within twenty-four (24) hours thereafter, report in writing to the Board of Health the following facts:
a. 
The location of the diseased animal.
b. 
The name and address of the owner thereof.
c. 
The type and character of the disease.
[BH Ord. #3; BH Ord. #39; BH Ord. #54; 1976 Code § 206-52]
Every barn shall be cleaned daily. Every barn shall be ventilated to keep the air in every part of the barn clean at all times.
[BH Ord. #3; BH Ord. #39; BH Ord. #54; 1976 Code § 206-53]
Manure shall be removed daily from barns and stalls. No manure shall be stored in a building. No person shall construct, reconstruct or maintain any receptacle for manure within one hundred (100') feet of any street, road or avenue, whether public or private, dwelling or property line, stream or body of water.
[BH Ord. #3; BH Ord. #39; 1976 Code § 206-54]
No manure shall be stored or piled in any manner on any premises in the Township without a written permit therefor first having been obtained from this Board, which permit may be incorporated in a permit permitting the keeping of horses or cattle. Unless such permit otherwise provides, all manure shall be removed from the premises on which horses or cattle are kept, harbored, raised, bred or maintained not less than once each week during that portion of the year embraced between the first day of April and the 30th day of November, and the Board shall be notified of the location to which such manure is removed. This subsection shall not apply to the keeping of small quantities of well-rotted manure for use as fertilizer on lawns or gardens. Any manure permitted by the Board to be kept or piled must be kept in such a manner and in such a place that it will not give forth any offensive odor and will not in any way be unsanitary or dangerous or injurious to health.
[BH Ord. #3; BH Ord. #39; BH Ord. #65; 1976 Code § 206-54A; BH Ord. #12-128]
a. 
Any person who violates any provision of or order promulgated under this Chapter or Code established herein shall, upon conviction thereof, be liable to the penalty as stated in Chapter BH1, Section 1-2.
b. 
Each day that a violation of the provisions of this section exists shall be deemed a separate violation for which a penalty may be recovered.
[BH Ord. #3; 1976 Code § 206-55]
No person shall conduct a public place for swimming without having first obtained a permit therefor. The Board of Health may, after public hearing refuse to grant a permit for the conduct of a place for swimming if in its opinion the sanitary conditions of the water or of any of the facilities provided at such place are such as to be dangerous or detrimental to the health of the persons who may attend such place. If a permit has been granted, the Board, after public hearing, may revoke such permit at any time when in its opinion either the water or the facilities at such place for swimming are such as to be dangerous or detrimental to the health of the person attending such place.
[BH Ord. #3; 1976 Code § 206-56]
The water in all such places for swimming shall at all times be kept in a clean and sanitary condition. The operator of all such places for swimming shall, at least once in each month during the swimming season, have an analysis made of the water and furnish a report thereof to this Board. Such analysis shall be made under the supervision of this Board by a laboratory approved by this Board, all at the cost and expense of the owner or operator of such place for swimming.
[BH Ord. #3; 1976 § 206-57]
It shall be unlawful for any person or persons to create, maintain or aid in creating or maintaining anything that is dangerous to human health or that renders the ground, water, air or food a hazard or an injury to human health.
[BH Ord. #3; 1976 Code § 206-58]
No person shall aid or contribute in doing any act dangerous to the life or detrimental to the health of any human being, except for justifiable motives and for adequate reasons, nor shall any person omit any precaution reasonable and proper to prevent or remove anything that is dangerous or detrimental to life or health of any human being.
[BH Ord. #3; 1976 Code § 206-59; New]
Any person violating any of the provision of this Chapter shall, upon conviction thereof, be liable to the penalty as stated in Chapter BH1, Section BH1-2.