Editor's Note: The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 26:3-70, 71. The statutory power to adopt health codes by reference is contained in N.J.S.A. 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 N.J.S.A. 26:1A-9 enforceable in every municipality in this State.
[1972 Code § 6-1.1]
It shall be lawful for the Health Officer, or any person acting under and by his authority, to enter in or upon any premises for any of the purposes specified in this chapter or for any other purpose in connection with his regular duties. Any person who shall prevent, obstruct or resist the Health Officer, or any person acting under and by his authority, in the performance of his duty, shall be guilty of a violation of this chapter.
[1972 Code § 6-1.2]
If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Health Officer may apply to the Municipal Judge of the Township for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises. An area search warrant may also be applied for and obtained in connection with a general program of inspection for an area based upon probable cause regarding the general conditions of the area or other factors.
[1972 Code § 6-1.3]
The Health Officer shall administer the business connected with:
The enforcement of this chapter and the laws of the State which relate to public health.
The investigation into causes of sickness and death and the institution of protective measures therefor.
The inspection and protection of the food supply.
The investigation and abatement of nuisances and conditions affecting the public health.
The investigation and enforcement of the sanitary conditions of public and private buildings and premises.
The collection and keeping of vital statistics and records.
The dissemination of information relating to public health matters.
[1972 Code § 6-1.4]
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort 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 Township 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.
[1972 Code § 6-2.1]
Whenever a license or permit is required by this chapter, the same shall be in addition to the requirements for any license or permit under any other chapter of this Code, and application shall be made by the applicant upon blank forms to be furnished by the Municipal Clerk, and shall be fully completed and signed by the applicant and filed with the Clerk. No license or permit shall be issued until the application has been approved and the license fee remitted to the Township.
[1972 Code § 6-2.2]
All licenses or permits shall be prominently displayed upon the premises for which they were issued and upon each and every vehicle or device used in the business for which a license is required. There shall be displayed at all times in plain sight upon each side of the vehicle or device a current license sign to be furnished by the Township.
[1972 Code § 6-2.3]
All licenses required by this chapter shall expire on December 31 of the year of issuance.
[1972 Code § 6-2.4; Ord. No. 05-06 § 6-2.4; Ord. No. 09-34; Ord. No. 10-06; New; Ord. No. 13-28; Ord. No. 2015-04]
The following license and inspection fees are established:
Mobile and Other Food.
Pre-packaged goods (each truck): $190.
Food preparation (including soft ice cream): $250.
Sale of eggs and/or produce from truck: $125.
Milk vehicles/machines (coin-operated): $65.
Ice machines or vehicles: $55.
Food vending machines (other than ice or milk): $55.
Hazardous food sampling: $160.
Milk dealer - vehicle or premises: $65.
Environmental file review/assessment (not including copying and postage): $70.
License/vending machine sticker replacement fee: $40.
Well permit — renewal: $165.
Pet shop inspection or plan review: $160.
Tanning facilities: $160.
Tattoo parlor and/or body piercing: $900.
Any fee for license or permit may be waived by the Township. No fee shall be charged for any license or permit by any Federal, State, County or municipal establishment.
[1972 Code § 6-2.5]
Any license or permit issued under this chapter may be revoked in accordance with the provisions of Section 4-1 of this Revision whenever the licensee, or any of his agents, violates the terms under which the license was issued or for any other causes enumerated in subsection 4-1.9. The Health Officer shall have the right to suspend the operation of any license pending a hearing.
[1972 Code § 6-3.1]
A Code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Township in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 6-3.2]
The Code established and adopted by this section is described and commonly known as the Public Health Nuisance Code of New Jersey (1953).
[1972 Code § 6-3.3]
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the Office of the Municipal Clerk for the use and examination of the public.
[1972 Code § 6-3.4]
Every person, whether owner, lessor or agent of a building constructed to be occupied as residences by one or more families, and where such person has agreed to supply heat, shall provide heat from the first day of October to the first day of May in each year so that the temperature of the apartment where one or more persons reside shall always be kept at 68° F. or above, between the hours of 6:00 a.m. and 10:00 p.m.
As used in this section:
- FOOD AND BEVERAGE VENDING MACHINE
- Shall mean and include any device offered for public use which, upon insertion of a coin, coins or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
- RETAIL FOOD ESTABLISHMENT
- Shall mean and refer to "retail food establishment" as defined in N.J.A.C. 8:24-1.5.
- TEMPORARY RETAIL FOOD ESTABLISHMENT
- Shall mean and refer to "temporary retail food establishments" as defined in N.J.A.C. 8:24-1.5.
[1972 Code § 6-4.1; New]
A Code establishing Sanitation in Retail Food Establishments and Food and Beverage Vending Machines shall refer to Chapter 24 of the New Jersey State Sanitary Code, as contained in N.J.A.C. 8:24-1.1 et seq. Sanitation in Retail Food Establishments and Food and Beverage Vending Machines. A copy of Chapter 24 of the New Jersey Sanitary Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 6-4.2; New]
The regulations established and adopted by this section is described and commonly known as Chapter 24 of the New Jersey State Sanitary Code, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
[1972 Code § 6-4.3; New]
Three copies of Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file in the office of the Municipal Clerk for the use and examination of the public.
[1972 Code § 6-4.4]
To assure adequate protection of food served by mobile and temporary establishments which may be unable to meet the requirements of this chapter, it is necessary to restrict the types of food sold and the methods by which food is served by mobile and temporary retail food establishments, in accordance with this section.
In addition, the design, operation and maintenance of mobile and temporary retail food establishments shall conform to the requirements of this chapter and any other requirements deemed necessary by the Department of Health to protect the public health.
Limits on Preparation of Potentially Hazardous Foods.
The preparation of potentially hazardous foods such as cream filled pastries, custards and similar products, and the preparation and cooking of meat, poultry and fish in the form of salads or sandwiches for sale or service by a mobile or temporary retail food establishment, is hereby prohibited, except that this prohibition shall not apply to:
Hamburgers and frankfurters that require only limited preparation such as seasoning and cooking;
[Ord. No. 2016-41]
No retail food establishment, fixed, temporary or mobile, shall serve potentially hazardous food products within the Township of Piscataway unless and until one or more supervisory personnel are certified in food safety and sanitation at least once every three years through a course of instruction by the State Department of Health. Organizations and groups which hold periodic gatherings and meals should have a responsible officer of the group certified in food safety.
It shall be the responsibility of the owner, operator or supervisory personnel in immediate charge of the establishment to provide proof of such program completion to the satisfaction of any authorized sanitary inspector requesting the same.
[1972 Code § 6-7.1; New]
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operation swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violation is hereby adopted, pursuant to New Jersey State Sanitary Code, Chapter IX, Public Recreational Bathing Code (N.J.S.A. 26:1A-7 et seq.). A copy of the Code has been made a part hereof without inclusion of the text herein.
[1972 Code § 6-7.2; New]
The Code established and adopted by this section is described and commonly known as the Public Recreational Bathing Code.
[1972 Code § 6-7.3, New]
Three copies of New Jersey State Sanitary Code, Chapter IX Public Recreational Bathing Code, N.J.A.C. 8:26 have been placed on file in the Office of the Municipal Clerk for the use and examination of the public.
[1972 Code § 6-9.1]
A Code regulating the emission of smoke from fuel-burning equipment, internal combustion engines, open fires, stacks or chimneys, and providing for the inspection of fuel-burning equipment, is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 6-9.2]
The Code established and adopted by this section is described and commonly known as the Smoke Control Code of New Jersey (1953).
[1972 Code § 6-9.3]
Three copies of the Smoke Control Code of New Jersey (1953) have been placed on file in the Office of the Township Clerk for the use and examination of the public.
[1972 Code § 14A-1]
It is hereby declared that air pollution is a menace to the health, welfare and comfort of residents and a cause of substantial damage to the property of the inhabitants of the Township of Piscataway.
For the purpose of preventing and reducing or otherwise controlling air pollution, it is hereby declared to be the policy of the Township to establish standards governing the installation, maintenance and operation of equipment and appurtenances relating to combustion, to effect and maintain control of stationary points and other sources of air pollution by whatever means are appropriate.
It is further declared to be the policy of the Township of Piscataway to develop and process data of both a qualitative and quantitative nature with reference to all point sources of emissions within the confines of the Township for the purpose of environmental impact assessment, evaluating conformance to standards, and requiring the reduction of emissions where it can be demonstrated that an undue risk to public health exists or appropriate control procedures are not in operation.
[1972 Code § 14A-2]
An Air Pollution Control Code be and is hereby established for the Township of Piscataway.
[1972 Code § 14A-3]
This Air Pollution Control Code, pursuant to N.J.S.A. 40:69A-181, shall incorporate by reference all of the technical regulations contained in the Air Pollution Control Code of the Middlesex County Health Department (N.J.A.C. 7:27), copies of this Code having been placed on file in the Office of the Municipal Clerk and in the Office of the Division of Health for inspection and review.
[1972 Code § 6-10.1]
A Code regulating the manner in which refuse may be stored, collected and disposed of; declaring and defining certain conditions as nuisances; fixing the responsibilities and duties of persons storing, collecting or disposing of refuse and providing for issuance of permits to collect refuse is hereby established pursuant to the provisions of Chapter 188, Laws of 1950. A copy of the Code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 6-10.2]
The Code established and adopted by this section is described and commonly known as the Solid Waste Code of New Jersey (1959).
[1972 Code § 6-10.3]
Three copies of the Solid Waste Code of New Jersey (1959) have been placed on file in the Office of the Township Clerk for the use and examination of the public.
[1972 Code § 6-10.4; New; Ord. No. 06-39; Ord. No. 08-29 § 1]
The following are additions to the Solid Waste Code at the sections indicated:
"The owner, tenant or person occupying any premises shall be required to arrange for pickup or collection of refuse from the premises at least twice a week by a licensed garbage collector."
"Collection shall be made between 6:00 a.m. and 6:00 p.m. The Director of the Department of Public Works shall have discretion to permit the collection in nonresidential areas between the hours of 5:00 a.m. and 6:00 p.m. for up to a period of one year, which may be renewed annually."
"Every truck or other vehicle used by a licensee or his agent in connection with the licensed refuse collection business shall have conspicuously displayed thereon the issued vehicle permit at all times."
"No person shall gather, collect, remove or in any way interfere with gathering, collecting or removing garbage and refuse matter from any dwelling house, tenement, store or other building or place, or engage in the business or occupation of gathering, collecting or removing garbage and refuse matter within the Township, or use the streets of the Township for the purpose of transporting the same, unless he first procures a refuse collection license and vehicle permit from the Licensing Authority."
"No owner, occupant or lessee shall use the streets of the Township for transporting garbage from his property."
"The provisions of this Code shall not apply to any person who has entered into a contract with the Township for the collection of its garbage and refuse matter nor to the carting of manure for farm or garden purposes and disposing of same for agricultural purposes."
[1972 Code § 6-12.1]
The owner of every existing house, building or structure which is or may be occupied or used by human beings, located on a street along the line of any sewer now or hereafter constructed in the Township shall, within 30 days after the date on which the services of the sewer are made available to such house, building or structure, unless a toilet is installed therein or shall have been installed therein prior to such date, install a toilet and connect such toilet to the sewerage system of the Township.
The owner of every house, building or structure hereafter constructed which may be occupied or used by human beings located on a street within 300 feet of any sewer line now or hereafter constructed in the Township shall, within 30 days after notice as herein provided, install a toilet therein and connect the toilet installed therein with any sewerage system constructed or acquired in the Township by the Township or any board, body or agency thereof.
The owner of every house, building or structure hereafter constructed, which may be occupied or used by human beings, located on a street along the lines of any sewer now or hereafter constructed in the Township shall, within 30 days after the date on which the services of such sewer are made available to such house, building or structure, whichever date shall be later, install a toilet therein and connect such toilet installed therein with the Township sewerage system.
[1972 Code § 6-12.2]
The connections required to be made by this section shall be made in accordance with the rules and regulations of the Township of Piscataway, which rules and regulations have been heretofore or will hereinafter be prescribed prior to the date on which service will be made to any owner hereinabove referred to and which rules and regulations are on file or to be hereinafter placed on file in the Office of the Health Officer prior to the making of any such installation and connection.
[1972 Code § 6-12.3; Ord. No. 13-28]
If the owner of any house, building or structure shall fail to make any installation or connection as required within 30 days after notice, in writing, of the availability of such sewer service, served on the owner by the Health Officer, a fine in the amount of $500 may be imposed on such owner and an additional fine of $750 may be imposed on such owner for each day of failure to make such installation or connection after the expiration of the 30th day following the service notice, all as provided in N.J.S.A. 26:3-31(d). The notice may be served upon the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years.
[Ord. No. 13-18; amended 10-15-2019 by Ord. No. 19-25; 1-28-2020 by Ord. No. 2020-02]
Except as herein provided, the burning of any material of any kind, solid or liquid, including, but not limited to, the burning of household waste, out-of-doors, is prohibited everywhere in the Township.
The aforesaid prohibition does not apply to:
Ceremonial fires by a recognized not-for-profit social, cultural or religious organization;
Ceremonial flag retirement;
A fire organized by a recognized Township Fire Company as part of a fire-training exercise whether or not located at the Township Fire Training Facility;
A fire organized by the Township Department of Public Works for any public purpose;
A fire set within an outdoor fireplace, metal, ceramic or other approved lined fire pit or chimenia;
A fire set within an outdoor grill utilizing charcoal, seasoned dry wood, natural gas or liquified petroleum gas for purposes of cooking or heating foods;
Township-organized fireworks displays;
Any other fire approved by the Township Fire Official in his/her reasonable discretion, with appropriate safeguards.
All permitted fires shall comply with all applicable State of New Jersey and Middlesex County statutes, codes and regulations, including but not limited to the Smoke Control Code of New Jersey and the Air Pollution Control Code.