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:
a.
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.
b.
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.
c.
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.
a.
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.
b.
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.
a.
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.
b.
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.
c.
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.
d.
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:
1.
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.
2.
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:
a.
Any matter, thing, condition or act which is or may become detrimental
or a menace to the health of the inhabitants of the city.
b.
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.
c.
Pollution or existence of a condition which threatens pollution of
any of the waters in the city.
d.
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.
e.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
f.
The existence or presence of any accumulation of garbage, refuse,
manure or 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.
g.
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.
h.
Spitting upon any public sidewalk or upon the interior or exterior
of any public building or public conveyance.
i.
The deposits or accumulations of bodily wastes of humans or animals
in any street, sidewalk or other public place.
j.
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.
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.
[Added 6-28-2017 by Ord. No. 1076-17]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control and can and have caused significant
damage to properties in the City of Wildwood. The purposes of this
subsection are to preserve and protect private and public property
from the damaging spread of bamboo, to protect indigenous and other
plant materials from the invasive spread of bamboo and to maintain
the general welfare of the residents of the City of Wildwood.
a.
Prohibition:
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of a plant species commonly known as "running bamboo"
upon any property located within the City of Wildwood. For the purposes
of this section, "running bamboo" means any bamboo in the genus Phyllostachys,
including Phyllostachys aureosulcata.
b.
Duty to
confine: In the event any species commonly known as running bamboo
is located upon any property within the City of Wildwood, prior to
the effective date of this prohibition, the owner and occupant of
said property shall jointly and severally be required to confine such
species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property, and all affected
properties. Failure to properly confine such bamboo shall require
removal as set forth below. The cost of said removal shall be at the
bamboo property owner's expense. This duty to confine shall not apply
if the property owner and/or occupant can establish to the satisfaction
of the Code Enforcement Officer that the bamboo which is on his/her
property as the time of the adoption of this subsection originated
on another property.
c.
Removal:
1.
In the
event running bamboo is present on the effective date of this prohibition
and a complaint is received by the City regarding an encroachment
of any bamboo plant or root, and the Code Enforcement Officer of the
City, after observation and/or inspection, determines that there is
an encroachment of invasion on any adjoining/neighboring private or
public property or public right-of-way (hereinafter, "the affected
property"), the City shall serve notice to the bamboo property owner
in writing that the bamboo has invaded other private or public property(s)
or public right(s)-of-way and demand remediation of the encroachment
of the bamboo from the affected property, and demand approved confinement
against future encroachment. Notice shall be provided to the bamboo
property owner, as well as to the owner of the affected property,
by certified, return receipt requested mail and regular mail. Within
45 days of receipt of such notice, the bamboo property owner shall
submit to the Code Enforcement Officer of the City, with a copy to
the owner of the affected property, a plan for the remediation of
the encroachment of the bamboo from the affected property, which plan
shall include restoration of the affected property after remediation
of the encroachment. Within 120 days of receipt of the Code Enforcement
Officer's approval of the plan of remediation and restoration, the
remediation and restoration shall be completed to the satisfaction
of the Code Enforcement Officer of the City.
2.
If the
bamboo property owner does not accomplish the remediation of the encroachment
from such other private or public property or public right-of-way
in accordance herewith, the Code Enforcement Officer of the City of
Wildwood shall cause a citation to be issued with a penalty up to
$100.00 for each day the violation continues, enforceable through
the Municipal Court of the City of Wildwood. The Municipal Court may
order a specific performance remedy. The City may also institute civil
proceedings for injunctive or civil relief.
3.
Nothing
herein shall be interpreted as limiting the rights of private property
owners to seek civil relief through a Court of proper jurisdiction,
nor the institution of civil proceedings against the property owner
and occupant.
4.
When an
encroachment is upon public property or public right-of-way and the
bamboo property owners and/or occupant has not complied with the written
notice provided as set forth above, the City of Wildwood, at its discretion,
may remove or contract for the removal of such bamboo from the City
property or public right-of-way. The cost of such removal shall be
the responsibility of the bamboo property owner and occupant and shall
be paid or assessed as a lien against the property on which the bamboo
growth originated. The cost of said removal from the City-owned property
and/or public right-of-way shall include the installation of an appropriate
barrier to prevent future bamboo invasion.
d.
Replanting
prohibited: Any running bamboo either planted or caused to be planted
or existing on the effective date of this regulation may not be replanted
or replaced once such bamboo is or has become dead, destroyed, uprooted,
or otherwise removed.
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:
a.
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.
b.
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.
a.
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:
|
Maximum Seating Capacity
|
Minimum Toilets
|
|---|---|
|
40 to 59
|
One which may be a common facility for both sexes
|
|
60 to 99
|
One for each sex
|
|
Over 100
|
Two for each sex
|
b.
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.
c.
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.
d.
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
a.
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.
b.
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.
c.
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.
d.
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:
a.
Engage in the operation of any vending machine, as defined in the
code, without having obtained a permit to do so.
b.
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.
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.
a.
ADMINISTRATIVE AUTHORITY — The health officer.
b.
AUTHORIZED AGENT — Any licensed health officer, sanitary inspector,
or any other properly qualified and licensed person functioning as
the agent of the administrative authority.
c.
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.
d.
OPERATE — Shall mean to conduct, maintain or otherwise pro-vide
or make available pool facilities.
e.
PERSON — Includes corporations, companies, associations, societies,
firms, partnerships, and joint stock companies as well as individuals.
f.
POOL —
1.
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.
2.
WADING POOL — Shall mean a shallow pool intended for use by
children.
a.
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.
b.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
1.
The Multiple Tube Fermentation Technique.
(a)
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.
(b)
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.
2.
Membrane Filter Test.
(a)
Standard Sample. A standard sample of pool water shall consist
of 199 milliliters (100 mi.).
(b)
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.
(c)
Maximum Coliform Densities. The number of coliform organisms
present shall not be more than 1.0 per standard sample (100 mi.).
f.
Chemical Quality. Chemical quality-free chlorine residuals and pH
value shall be maintained within the following ranges:
|
pH
|
Free Chlorine Residual
|
|---|---|
|
7-2-8.2
|
At least .4 ppm
|
g.
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.
h.
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.
a.
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.
b.
Lifeguards.
1.
A lifeguard shall be required to be present and on duty at all times
that a pool is opened for business.
2.
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.
3.
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.
4.
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.
Shall mean feces and excrement and include specifically soiled
diapers.
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.
a.
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.
b.
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.
