Under the Commission Form of Government, the powers of a local board of health are exercised by the Board of Commissioners. The general power to adopt health ordinances is contained in R. S. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in R.S. 26:3-70, 71. The statutory power to adopt health codes by reference is contained in R. S. 26:3-69.1, et seq. In addition to the health regulations contained in this chapter, the State Sanitary Code promulgated by the State Public Health Council is by reason of R.S. 26:1A-9 enforceable in every municipality in the state. The New Jersey Air Pollution Control Code and the New Jersey Radiation Protection Code are also enforceable throughout the state.
Whenever the health officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without resorting to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this chapter:
Power to Prevent the Sale of Food.
The health officer may prohibit the importation into the city or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
Power to Seize and Destroy Unwholesome Food. The health officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
Power to Alleviate a Nuisance or Other Dangerous Condition. The health officer may order the suspension of any license provided in this or any other chapter of this revision and abate immediately the privilege licensed thereunder if, in his opinion, the continuation of such privilege would pose an immediate threat to the health, safety and welfare of the inhabitants of the city.
Inspection of Premises. The health officer, his agents and employees shall have the right to inspect any premises in the city if they have reason to believe that any provision of this chapter is being violated, or which is part of a regular program of inspections.
Search Warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the health officer may apply to the magistrate for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspections or that conditions and circumstances exist that provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the magistrate is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the City of Wildwood, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified in the notice, but not less than five days from the date of service.
Whenever anything declared by this chapter to be a nuisance or any unsanitary or unhealthy condition is found on any public property or on any highway or any other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified.
If the owner or person in control of the premises, upon being notified as provided by paragraphs (a) and (b), does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the health officer, his agents or employees shall proceed to abate the nuisance or condition or may cause it to be re-moved or abated in a summary manner by such means as shall be deemed proper.
Whenever any cost or expense is incurred by the city as a result of the health officer, his agents or employees abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expenses may be recovered in the following manner:
In all cases where practical and permitted by law, such costs shall be certified to the division of tax assessments and shall be a part of the taxes next assessed upon the premises upon which the nuisance or unsanitary or unhealthy condition was located.
Where the city is not permitted by law or it is impractical to proceed under paragraph (1), the cost or expense shall be recovered by an action at law in any court of competent jurisdiction, which action shall be instituted by the health officer in the name of the city.
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this section.
Any person knowing of anything being offered for sale as food for human consumption which he has reason to believe is spoiled, contaminated or otherwise unfit for human consumption, shall immediately report that fact to the health officer or one of his subordinates or agents.
The health officer may make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with, alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
Each of the following matters, things, conditions or acts is hereby declared to be a nuisance and injurious to the health of the inhabitants of the City of Wildwood:
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of the city.
Any matter, thing, condition or act which is or may become an annoyance to or interfere with the comfort or general well-being of the inhabitants of the city.
Pollution or existence of a condition which threatens pollution of any of the waters in the city.
The escape into the open air from any stack, vent, chimney or other entrance to the open air of smoke, fly ash, dust, fumes, vapors, mist, gases or other matter of a nature or quantity likely to cause injury, detriment or annoyance to the inhabitants of the city or to endanger their comfort, health or safety.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
The existence or presence of any accumulation of garbage, refuse, manure or other animal or vegetable matter which may attract flies or to which flies may have access or in which fly larvae or pupae breed or exist.
The depositing, accumulating or maintaining of any matter or thing which serves as food for insects or rodents, or to which they may have, access, or which serves as a breeding place or harborage for insects or rodents in or on any land, building or other place.
Spitting upon any public sidewalk or upon the interior or exterior of any public building or public conveyance.
The deposits or accumulations of bodily wastes of humans or animals in any street, sidewalk or other public place.
Throwing or leaving or causing to be thrown or left in any public place within the city any offal or the carcass or part of the carcass of any dead animal.
No person shall commit or maintain or permit the commission or maintenance upon any premises owned by him or under his control of any matter, thing, condition or act declared to be a nuisance by this section.
- NOXIOUS PLANT
- Shall mean any plant likely to have an adverse effect on the health or comfort of human beings, including but not limited to, ragweed, goldenrod, poison oak, poison ivy and sumac (poisonous and nonpoisonous).
The growth or existence of any noxious plant in a public or private place is hereby declared to be a nuisance and detrimental to public health.
No owner, occupant or other person having control over any parcel of land shall cause or permit noxious plants to grow thereon.
Pursuant to the authority granted by N.J.R.S. 26:3-69.1 to 26:3-69.6, a code is hereby adopted regulating retail food establishments and fixing penalties for its violation. A copy of this code is annexed to and made a part of this section without the text of the code being included herein.
The code established and adopted by this section is commonly known as the "Retail Food Establishment Code of New Jersey (1965)," and is sometimes referred to herein as the code.
Three copies of the "Retail Food Establishment Code of New Jersey (1965)" have been placed on file in the office of the health officer and will remain on file there for the use and examination of the public.
No person shall operate a retail food establishment as defined in and subject to the code, without first obtaining a license from the health officer to do so or without complying with the provisions concerning the operation and maintenance of a retail food establishment as contained in the code.
Any license issued under the provisions of this section may be revoked by the health officer after notice and a hearing as provided in section 2-16 of this revision for any of the following reasons:
Conducting the licensed establishment in a disorderly or improper manner or in violation of any law of the United States or the State of New Jersey or any provision of this revision or other ordinance of the City of Wildwood.
Whenever it shall appear that the person conducting the retail food establishment is of unfit character to conduct it or that the purpose for which the license has been issued is being abused to the detriment of the public.
In addition to any and all other state and municipal requirements for toilet facilities, every retail food dispensing establishment shall provide for patrons, adequate washing and toilet facilities, with hot and cold running water, soap, soap dispensers, non-common towels, and covered trash receptacles, all of which shall be installed and maintained in a sanitary condition and maintained in proper working order. The minimum requirements for these facilities shall not be less than those standards set by the New Jersey State Sanitary Code pertaining to washroom and toilet facilities for employees as shall be reasonably determined by the health inspector.
There shall be provided adequate toilets, urinals or water closets, for patrons as determined by the health inspector, separate for each sex in accordance with the schedule as follows:
Retail food dispensing establishments in existence at the time of the enactment of Ordinance No. 801, i.e., May 21, 1974, which do not meet the requirements as set forth in paragraph 9-4.7a, shall, prior to June 1, 1976, be required to provide toilet facilities, toilets, urinals, or water closets in accordance with subsection 9-4.7 and paragraph 9-4.7a.
In general, toilet and hand washing facilities for patrons shall be separate from those for employees. However, a food dispensing establishment which is in operation on May 21, 1974 which does not on May 21, 1974 have separate toilet and hand washing facilities for employees and customers may continue to operate common toilet and hand washing facilities. Access to toilet facilities for the use of patrons of the food dispensing establishment shall not be through the area nor be connected to the area where food is stored or prepared.
All toilet rooms shall be effectively ventilated and equipped with self-closing doors.
The following rules and regulations shall govern the use of vehicles for the transportation or sale of food products
Whenever any food is transported in a vehicle which is wholly or partly open, it shall be completely screened or covered at all times. The screening or covering shall consist of material which will effectively prevent flies or other insects from alighting around or upon any food.
All sea food, meat, poultry and dairy products shall be trans-ported only in refrigerated vehicles and shall remain under refrigeration until the time of sale or delivery. The refrigerated portion of the vehicle shall be maintained at a temperature low enough to completely safeguard the products contained in it to the fullest extent possible.
No person shall at any time permit any debris, waste material, rotting or unfit produce or merchandise of any kind to remain in or upon his vehicle, unless the same is contained in a leakproof metal container having a properly fitted metal cover.
No person shall permit any waste materials or parts of produce or any other merchandise to remain on any street, roadway, curb or walk, and shall at all times remove any debris that may have fallen from his vehicle so that the same is immediately placed in metal containers, as provided in paragraph (c).
Before any vehicle is used for the transportation or sale of food or in connection with any activity for which a license is required from the city, it shall be inspected by the health officer or his agents or employees to ascertain whether the vehicle complies with the provisions of this section and all other applicable health regulations. The vehicle shall be reinspected at reasonable intervals and, if used in connection with a licensed activity, shall in any event be reinspected at the time that the license is renewed. No vehicle shall be used for any of the purposes specified herein unless approved by the health officer. A written certificate of approval shall be kept in the vehicle at all times and shall be shown to any person who may request to see it.
In accordance with the authority granted by N.J.R.S. 26:3-69.1 to 26:3-69.6, a code is hereby adopted and established regulating the use, operation and maintenance of food and beverage vending machines, licensing the same, prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded food or drinks, and authorizing the inspection of vending machines and operations connected with them. A copy of the code is attached to and made a part of this section without the text being included herein.
The code adopted by this section is commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961.)," and is sometimes referred to herein as the code.
Three copies of the "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the office of the health officer and will remain on file there for the use and examination of the public.
No person shall:
Engage in the operation of any vending machine, as defined in the code, without having obtained a permit to do so.
Maintain any vending machine, as defined in the code, or permit any vending machine to be maintained at any location under his control without having obtained a license to do so.
Licenses and permits shall be obtained from the health officer. Licensees and permittees shall comply with all the provisions of the code adopted by this section.
All permits and licenses required by this section shall expire on the 31st day of December following their issuance.
Applications for and issuance of permits and licenses required by this section shall be made in conformity with the provisions of the code, and shall not be transferable.
Permits and licenses issued under the authority of this section may be suspended or revoked by the health officer in accordance with the provisions of the code. The health officer may suspend any license or permit without notice or a hearing as provided in subsection 9-1.1 of this chapter; however, in that event, a hearing shall be held as soon as possible. Procedure at the hearing shall be in accordance with section 2-16 of this revision.
There is hereby established a code to regulate the licensing and inspection of pools, as defined herein, in the City of Wildwood.
ADMINISTRATIVE AUTHORITY — The health officer.
AUTHORIZED AGENT — Any licensed health officer, sanitary inspector, or any other properly qualified and licensed person functioning as the agent of the administrative authority.
APPROVED — Shall mean accepted or acceptable under applicable specifications stated or cited in this code, or accepted as suitable for the proposed use under procedures and powers of administration delegated in this code.
OPERATE — Shall mean to conduct, maintain or otherwise pro-vide or make available pool facilities.
PERSON — Includes corporations, companies, associations, societies, firms, partnerships, and joint stock companies as well as individuals.
SWIMMING POOL — Shall mean and include indoor and outdoor fill and draw, pools, flow through pools, and recirculation pools, all of which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include naturally or artificially constructed outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or practice of the healing arts. It shall not include swimming or wading pools established or maintained upon any premises by any individual for exclusive use by himself, his family or guests of his household. It shall specifically include swimming or wading pools established or maintained by motels, hotels, apartments and rooming houses.
WADING POOL — Shall mean a shallow pool intended for use by children.
Approval to Operate. No person shall either directly or indirectly operate a pool as defined in this section within the city without having a license issued therefore. Such license shall be displayed in a conspicuous place and adjacent or proximate to the pool on the premises where such shall be visible and readily observed by all patrons.
Procedure for Obtaining License. A license to operate a pool shall not be issued until a properly executed application has been submitted and approved by the administrative authority.
Analysis. All chemical and bacteriological analyses of swimming pool waters shall be made in accordance with the procedures set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
Either the multiple tube fermentation or the membrane filter technique shall be used. All costs shall be borne by the applicant.
Procedure. The applicant shall, at his own expense, have pool water samples analyzed by a laboratory properly authorized and licensed by the State of New Jersey to conduct such analysis.
Frequency. Samples shall be collected at least once monthly by such laboratory from each end of the pool during each month or a portion thereof that the pool is operational or in use and once weekly at each end of the pool during each week in which the pool is operational and in use and is subject to a heavy bathing load. Said sample shall be so certified by the laboratory conducting such analysis. No monthly test as required herein shall be conducted within 15 days of any other required monthly test. No weekly test as required herein shall be conducted within 72 hours of any other required weekly or monthly test.
Reports of Analysis. Reports of all analyses shall be forwarded to the administrative authority or its authorized agent within 72 hours after the sample is taken by a properly qualified laboratory.
Chemical and Bacterial Quality Standards. For the purpose of this code, the bacterial quality of swimming pool waters shall be judged on the basis of coliform densities determined by either the multiple tube fermentation technique or the membrane filter test procedure.
The Multiple Tube Fermentation Technique.
Standard Sampling. For the purpose of the code, a standard sampling shall consist of the ten standard sampling portions obtained from the two samples taken from the pool in accordance with paragraph 9-7.4c.
Maximum Coliform Densities. Of all ten standard portions obtained from a standard sampling, not more than one portion shall show the presence of organisms of the coliform group at any time.
Membrane Filter Test.
Standard Sample. A standard sample of pool water shall consist of 199 milliliters (100 mi.).
Standard Sampling. For the purpose of this code, a standard sampling shall consist of two standard samples taken from the pool in accordance with subsection 9-7.4c.
Maximum Coliform Densities. The number of coliform organisms present shall not be more than 1.0 per standard sample (100 mi.).
Chemical Quality. Chemical quality-free chlorine residuals and pH value shall be maintained within the following ranges:
Pool Disinfectants. If other pool water disinfectants are used, residuals of equivalent disinfecting strength shall be maintained whenever the pool is open or is used. Comparators for measuring disinfectant residuals and pH shall be provided.
Samples Not Meeting Standards. The administrative authority or its authorized agent shall, in its sole discretion, have the applicant provide at the applicant's expense, additional samples to be taken pursuant to paragraph 9-7.4b, when such authority deems such to be appropriate or when samples provided by the applicant do not meet standards established pursuant to paragraph 9-7.4e.
Swimming pools, when open for use shall, at all times, be subject to the supervision of a competent director who shall be responsible for phases of pool operation.
A lifeguard shall be required to be present and on duty at all times that a pool is opened for business.
Each swimming pool or public swimming place, excluding the public bathing beach of less than 1,000 square feet shall have as a lifeguard a person 18 years or older who is certified by the American Red Cross and Basic Rescue and Water Safety Standard or multi-media first aid, and by the American Red Cross or the American Heart Association in cardiopulmonary resuscitation or, in the alternative, a lifeguard who is certified as provided in paragraph 3 hereinbelow.
Each swimming pool or public swimming place excluding the public bathing beach of 1,000 square feet or more shall have as a lifeguard a person who holds a valid senior lifeguard certificate issued by the American Red Cross, YMCA or equivalent rating.
There shall be at least one lifeguard for every 150 patrons in attendance at a swimming pool or swimming place except the public bathing beach.
A swimming pool constructed, altered or operated in violation of the provisions of this code is hereby declared to be a nuisance and detrimental to public health.
Failure to comply with the provisions of this code shall subject the violator to prosecution pursuant to section 3-12 of this revision.
As used in this section:
- Shall mean any dogs, cats, domesticated or undomesticated animals and any other vertebrate animal not specifically defined herein.
- HUMAN WASTE
- Shall mean feces and excrement and include specifically soiled diapers.
- SOILED DIAPER
- Shall mean any diaper containing waste or urine as defined herein.
- Shall mean the feces and excrement, from any humans or animals falling into any of the descriptions of either human or animal contained in the within section.
No person owning, harboring, keeping, walking or in charge of any animal shall cause, suffer, permit or allow such animal to defecate on any common thoroughfare, street, sidewalk, passageway, road, path, gutter, play area, mall, park or any other public place where people congregate or walk or in any public property whatsoever, or upon any private property without the express written permission of the owner of the private property, unless immediate clean up and disposal is taken by such person owning, harboring, keeping, walking or in charge of such animals.
Clean-up. Proper clean-up and disposal shall be defined to mean that such person shall immediately remove all feces and droppings deposited by said animal which removal shall be in a sanitary manner by shovel, container, disposal bag, or other similar device and said feces and droppings shall be removed by said person from the aforesaid designated areas and disposed of by said person in a sanitary manner in a proper receptacle, so as to prevent any noxious odors, attraction of vermin or any other public health and safety problem.
No person shall place or otherwise dispose of any soiled diaper on any common thoroughfare, street, sidewalk, passageway, road, path, gutter, play area, mall, park or any other public place or public property or upon any private property within the confines of the City of Wildwood. No person shall dispose of any soiled diaper within the confines of the City of Wildwood except in a garbage can or public trash receptacle.
This section shall not apply to or be enforced against blind persons in connection with their use of seeing eye dogs.
Each person convicted of a violation of this section shall be subject to a fine of not less than one hundred ($100.00) dollars or more than five hundred ($500.00) dollars or up to 90 days in jail or both.
The said Code established and adopted by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953) Approved by the New Jersey State Department of Health, September 16, 1953."
Three copies of the said "Public Health Nuisance Code of New Jersey (1953) Approved by the New Jersey State Department of Health, September 16, 1953" have been placed on file in the office of the city clerk and will remain on file there for the use and examination of the public.
Any person who violates or neglects to comply with any provision of this section or Code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not less than five ($5.00) dollars nor more than five hundred ($500.00) dollars for each violation.