Borough of Midland Park, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. #4; 1973 Code § 130-1]
This chapter and all ordinances supplementary with and amendatory hereof may be cited as the "Sanitary Code".
[Ord. #4; 1973 Code § 130-2]
a. 
The following definitions shall apply in the interpretation and enforcement of this chapter:
BOARD
Shall mean the Board of Health of the Borough.
BOARDINGHOUSE
Shall mean private housing or dwelling unit where the owner, tenant, or occupant thereof is engaged in keeping two (2) or more boarders, not related to him by blood or marriage for a part of a day or longer period, and in serving food to some or all of such lodgers, under expressed contract or rate of payment.
BOARDING HOME FOR CHILDREN
Shall mean any house or establishment where children are boarded or cared for, whether for one (1) day or part thereof or a longer period, by or under supervision of persons not close relatives of such children, for compensation or as a business.
CAMP
Shall mean any house, place or establishment intended to be used or occupied temporarily as living quarters for or by five (5) or more persons for a period of three (3) or more consecutive days.
CATTLE
Shall mean the following animals and their respective young: cows, horses, mules, asses, sheep, goats, swine and other hoofed animals.
CELLAR
Shall mean the lowest story of any building, dwelling or tenement house, of which one-third (1/3) or more of the height from the floor to the ceiling is below ground level.
CLEANING
Shall mean the thorough removal of contaminating material or materials.
CODE
Shall mean this chapter as herein designated, unless some other code is expressly indicated.
CONTAINER
Shall be synonymous with "package" as herein defined.
DENSE SMOKE
Shall mean smoke which is so heavy and thick as to prevent the seeing of objects through it at the point of emission into the external air or the equivalent of No. 3 grade of the Ringelmann Smoke Scale, the standard device used by the United States Bureau of Mines.
DISINFECTION
Shall mean the application of any disinfectant materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organisms.
DWELLING
Shall mean any building or portion thereof which is occupied or is intended to be occupied as a residence or sleeping place of one (1) or more individuals, families or households.
FOOD
Shall mean any article used for food or beverage for man or other animals and every ingredient therein including without limitation all confectionery, condiments, flavorings and other components of any such article.
FOOD ESTABLISHMENT
Shall mean any bakery, confectionery, cannery, packinghouse, slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel, grocery, meat market, fish market, delicatessen, or other place or vehicle used in the production, preparation, transportation or handling of food intended for sale or distribution.
GARBAGE
Shall mean the accumulation of animal or vegetable matter, or both, liquid or otherwise, that tends to decay.
HEALTH OFFICER
Shall mean the duly licensed Health Officer, Executive Officer or other officer duly appointed or designated by the Board to enforce this Code or supervise this work on behalf of the Board.
HOTEL
Shall mean a private housing or dwelling unit open to the public, where the owner, tenant or occupant is engaged in keeping two (2) or more guests for a part of a day or a longer period under expressed contract or agreed rate of payment.
KENNEL
Shall mean any establishment or premises wherein or whereon the business of boarding or selling dogs or the breeding of dogs or the keeping of three (3) or more dogs is carried on, except a pet shop.
LABEL
Shall mean a display of written, printed, or graphic matter upon or affixed to the immediate container, not including the liners, of any article.
LABELING
Shall mean all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
LODGING HOUSE
Shall mean a private dwelling unit where the owner, tenant or occupant is engaged in keeping two (2) or more lodgers, not related to him by blood or marriage, for a part of a day or longer period under expressed contract or agreed rate of payment.
MATERNITY HOME
Shall mean any home, house or other place conducted or maintained by any person advertised or held out by such person as a maternity or obstetrical home, hospital, sanatorium or place where one (1) or more women, during pregnancy, labor or lying-in period are attended or intend to be attended professionally or otherwise during any pregnancy, labor or lying-in period.
MEMBER
Shall mean one (1) of the persons who shall constitute the Board of Health.
MULTIFAMILY HOUSE
Shall mean every house, building or portion thereof, which is rented, leased, let or hired out to be occupied or is occupied as a house, home or residence by three (3) or more families living independently of one another and having facilities for doing cooking and sleeping upon the premises.
NUISANCE
Shall mean any condition which is dangerous to human life or health or that which renders air, water, soil or any type of food hazardous or injurious to human life or health, and as otherwise herein defined.
NURSE
Shall mean a person licensed as such under the laws of the State of New Jersey.
NURSING HOME and/or CONVALESCENT HOME
Shall mean any home, house or other place conducted or maintained by any person advertised or held out by such person, such as a rest home, hospital or sanatorium, where one (1) or more persons are cared for or attended during a convalescent period or the attending of the aged.
PERMIT or LICENSE
Shall mean a duly authorized permit or license of the Board, issued in accordance with this Code or the regulations of the Board.
PET SHOP
Shall mean any room or group of rooms, cage or exhibition pen, not a part of a kennel, wherein dogs for sale are kept or displayed.
POULTRY
Shall mean chickens, ducks, geese, turkeys, guinea fowl, pigeons, pheasants and all other fowl or winged animal kept, raised or sold for human consumption or for production of eggs.
POUND
Shall mean any establishment designated for the confinement of dogs seized under the provision of this Code.
PROPERTY and PREMISES
Shall mean, unless restricted or limited by the context to either real or personal property, shall include both.
PUBLIC PLACES
Shall mean any public place, as well as any restaurant, and every other establishment or place where food or beverage is sold or offered for sale to the public for consumption on the premises, and any camp, tourist home or public recreation place or any other place of business where toilet facilities or water for drinking or culinary purposes are available for the use of the public.
REGISTRAR
Shall mean the person duly appointed as Registrar of Vital Statistics by the Board.
REGULATIONS
Shall mean any regulations, whether general or special, which the Board may lawfully adopt and issue.
RESTAURANT
Shall mean any restaurant, coffee shop, cafeteria, short-order cafe, lunch room, lunch wagon, diner, soda fountain, snack bar, luncheonette, tavern bar, grill, cocktail lounge, hotel, club, boardinghouse, sandwich stand, refreshment stand and every other place or establishment, stationary or mobile, in which food or beverage is sold for consumption on or near the premises or at the time.
RUBBISH
Shall mean all coal or wood ashes, all loose material and dirt-like substance and all waste material accumulated from buildings or the cleaning of buildings.
SANITARIAN
Shall mean every duly licensed officer appointed by the Board to aid in the enforcement of the sanitary laws of this State or to aid in the enforcement of the rules, regulations and ordinances of the Board of Health, except Health Officer, Secretary, Registrar or persons performing principal clerical duties in the office of the Board.
SANITIZE
Shall mean the submerging of multi-use utensils in water one hundred eighty (180° F.) degrees Fahrenheit for a period of one (1) minute.
SMALL ANIMALS
Shall mean rabbits, mink, guinea pigs, rodents and any other small animal kept or raised for commercial purposes or kept and raised for sale or for the production of meat, fur or wool, or kept and raised for exhibition or as a source of supply for laboratories; provided, however, that the term "small animals" shall not apply if they total in the aggregate less than six (6) in number.
STATE BOARD AND STATE DEPARTMENT
Shall mean the New Jersey Public Health Council or Department of Health or any successor agency thereto.
TENANT
Shall mean any person occupying any house, building or portion thereof, which is rented, leased, let or hired out to be occupied as a house, residence or a business establishment.
b. 
In the construction of this Code, or any amendments hereof or any supplements hereto, words and phrases shall be read and construed:
1. 
In accordance with their context and, unless inconsistent with the manifest intent of the Board, as expressed herein.
2. 
Unless another or different meaning is expressly indicated, such words or phrases shall be given the meaning expressed herein, or if no such meaning be given, their generally accepted meaning, according to the approved usage of the language shall be applied.
3. 
Technical, trade or commercial words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with such technical, trade, commercial or special and accepted meaning.
4. 
Unless otherwise indicated by the context, the definitions herein contained shall apply to the terms used in the other definitions.
5. 
Unless otherwise indicated by the context, the singular shall include the plural and one gender shall include the other genders.
[Ord. #4; 1973 Code § 130-3]
The following specific acts of omissions, or the maintenance or allowance of any of the following conditions are hereby prohibited and are declared to be or to constitute nuisances:
a. 
Depositing, maintaining or permitting to exist any foul, decaying, odorous or offensive matter in or upon any lot, yard, street, house, building, premises or place, whether public or private.
b. 
Maintaining any excavation or any cans, barrels or other receptacles where water may stagnate or mosquito larvae may breed.
c. 
Throwing or overflowing of any slops, stable drainage, liquid filth or septic tank, cesspool or privy contents upon any public or private property.
d. 
Maintaining any polluted well, spring, stream or supply of drinking water.
e. 
Taking or allowing of any dog, cat or other animal to enter any store where food is handled or sold.
f. 
Maintaining any chimney, smokestack, pipe or flue, or any part thereof, that is out of repair and so defective as to allow coal gas or noxious fumes to escape into the building where it is situated or into any adjacent building.
g. 
Allowing to exist any unclean or unsanitary conditions in any cellar, room or building, or any imperfect plumbing or sewer appliances or connection from which any foul or noxious odors or liquids may escape.
h. 
Keeping cattle, poultry or small animals in any building used as a human habitation, except as to small animals or birds commonly used as household pets.
i. 
Expectorating upon the steps, halls, floors or other parts of any building, or upon any sidewalk, crosswalk, street, park, playground, public conveyance or other public place.
j. 
Maintaining any vehicle used for hire or for a public conveyance in a dirty or unsanitary condition.
k. 
Permitting a growth of, or failing to remove, ragweed and other noxious weeds, poison ivy, poison oak, poison sumac, contact with or the pollen from which is capable of causing discomfort or injury to health.
l. 
Burying or causing to be buried any dead animal under any property, private or public, in the Borough without a permit from the Board.
m. 
Permitting the emission of dust, gases, cinders, lint or other particles or dense smoke, in sufficient quantities to cause discomfort or injury to health.
n. 
Maintaining or causing the maintenance or existence of any offensive matter, foul or noxious odors, gases, or vapors, or any cause of disease or other injury to the health of the inhabitants of the Borough.
o. 
Polluting or permitting to be polluted any spring, well, cistern or other source of water supply, which is used for domestic or potable purposes, or is on the watershed which is the source of drinking water.
p. 
Maintaining or permitting to exist any manure pile or manure pit which is not tightly enclosed and covered.
q. 
Maintaining any building which is infested with rats, mice or other rodents, or with insects or other vermin.
r. 
All sunken lots or marshlands or lots below grade where stagnant water gathers or is collected are hereby declared nuisances, and any owner or owners or agent or tenant of any such lot or lots or lands shall, on written notice from this Board, correct and abate this nuisance in the manner prescribed by the Board in the notice.
[Ord. #4; 1973 Code § 130-102]
No persons shall conduct or maintain a hotel, lodging house or boardinghouse without first having obtained from the Board a permit therefor, which permit shall be issued on application and without cost.
[Ord. #4; 1973 Code § 130-103]
The application for a permit shall be made in writing and signed by the applicant, stating:
a. 
The type of establishment proposed to be maintained or conducted.
b. 
The maximum number of guests, lodgers or boarders to be accommodated.
c. 
The facilities to be offered.
[Ord. #4; 1973 Code § 130-104]
Such permit shall not be issued until the premises have been inspected and approved by the Health Officer.
[Ord. #4; 1973 Code § 130-105]
The permittee of a hotel, lodging house or boardinghouse shall provide heat for the inhabited rooms from September 15 to May 15, so that the temperature may be kept at sixty-eight (68° F.) degrees Fahrenheit between 6:00 a.m. and 10:00 p.m.
[Ord. #4; 1973 Code § 130-106]
Each such establishment shall have for every six (6) occupants or lodgers at least one (1) bathtub or shower and at least one (1) toilet and one (1) wash basin.
[Ord. #4; 1973 Code § 130-107]
Every occupant shall be furnished with clean towels, washcloths, soap and drinking glasses each for individual use. Adequate provision shall be made for furnishing and care of bed linens, all of which shall be kept clean and sanitary at all times.
[Ord. #4; 1973 Code § 130-108]
All rooms shall be kept in a clean and sanitary condition. All inhabited rooms shall be adequately lighted and properly ventilated with one (1) or more windows opening to the outside air. All outside doors and windows shall be screened to exclude flies and mosquitoes from April 1 to November 30.
[Ord. #4; 1973 Code § 130-109]
All sleeping quarters shall be above grade, and shall have ceilings at least seven (7') feet high, and at least sixty (60) square feet of floor space for each bed.
[Ord. #4; 1973 Code § 130-110]
All heating shall be furnished by a central heating system. The use of any portable heater or gas heater is hereby prohibited (except in an emergency), as is the use of any light other than electrical.
[Ord. #4; 1973 Code § 130-111]
Rooms used for storage, preparations or service of food shall be subject to the same requirements specified in this Code in respect to restaurants.
[Ord. #4; 1973 Code § 130-112]
The keeping or use on the premises of any cleansing agents containing hydrocyanic acid or other dangerous poisons is hereby prohibited.
[Ord. #4; 1973 Code § 130-113]
No person shall conduct or maintain a boarding home for children without a license first having been obtained therefor from the Board covering all the premises to be so used.
[Ord. #4; 1973 Code § 130-114]
Every application for a license shall be in writing, and it shall contain a full description of the premises and buildings intended to be used for such purposes, the age, qualifications and training of the person or persons in charge and satisfactory proof that each person residing in the licensed premises, or otherwise employed thereat, is free from communicable disease.
[Ord. #4; 1973 Code § 130-115]
Every license issued under this section, shall state the name of the licensee, location of the licensed premises and the maximum number of children that may be maintained, boarded or cared for at any time.
[Ord. #4; 1973 Code § 130-116]
In addition to any other provision in this Code contained and affecting the maintenance of premises or buildings, the following regulations shall apply to the conduct or maintenance of boarding homes for children:
a. 
The premises shall, at all times, be attended by a sufficient number of competent adult persons.
b. 
The buildings shall be approved by the local fire authorities, zoning authorities and Health Officer.
c. 
Not more than one (1) family shall reside in the building.
d. 
All buildings and appurtenant premises surrounding the same shall be subject to and open for inspection by the Health Officer at all times.
e. 
All rooms shall be above street level, well lighted and sufficiently ventilated by windows opening to the outer air.
f. 
Doors and windows shall be adequately screened to exclude flies and adequate provision for toilet and bathing facilities must be supplied.
g. 
The heating system must be adequate to maintain a temperature in all rooms of at least sixty-eight (68° F.) degrees Fahrenheit which shall be maintained in all inhabited rooms between 2:00 a.m. and 10:00 p.m.
h. 
Individual cots and cribs shall be provided for all children kept overnight or for any longer period.
i. 
Individual toilet articles shall be provided for each child and shall include washcloths, towels, combs and toothbrushes.
j. 
All formula must be prescribed by a registered licensed physician.
k. 
Adequate provisions shall be made for the care of formula, sterilization of bottles and nipples and the care of soiled diapers and bed linen.
l. 
All children must be examined by a licensed physician before admission.
[Ord. #4; 1973 Code § 130-117]
Every person who conducts or who is in actual charge of a boarding home for children shall keep or cause to be kept a record wherein there shall be entered the name, age, sex, color and religion of every child cared for by such person or establishment, together with the names and addresses of each of the parents of said child or in lieu of the names and addresses of each of the parents of said child, the name and address of the person placing said child in such boarding home; the name of every child who dies while in such person's care, together with the date and the cause of death, the name and residence of the person who removes the child; this entry to be made within twenty-four (24) hours after such child is given out, taken away or disposed of in any manner.
[Ord. #4; 1973 Code § 130-118]
All records required by the previous section or kept in conformity therewith shall be accessible to the Health Officer or his representative, or to the representative of the State Department of Health, for his examination at any time.
[Ord. #4; 1973 Code § 130-119]
In addition to the right to revoke any license contained in other provisions of this Code, any license granted under this section shall be revocable upon proof to the Board of misstatement of material facts in the application therefor, or upon failure of the licensee to furnish proof to the Board that the said licensee has deposited a surety bond of one thousand ($1,000) dollars with the State Department of Institutions and Agencies for each child boarded or to be boarded from outside the State of New Jersey, or upon the failure of the licensee to permit inspection of the licensed premises or records by the employees of the Board.
[Ord. #4; 1973 Code § 130-120]
No greater number of boarding children shall be kept at any one (1) time on the premises than that permitted by the terms of the license.
[Ord. #4; 1973 Code § 130-121]
No normal child shall be boarded in any home where any member of the family appears to be mentally deficient or where there is a mentally deficient child.
[Ord. #4; 1973 Code § 130-122]
No person shall conduct or maintain a maternity home or engage in conducting a business of attending women during pregnancy, labor or lying-in period outside their several homes, without first having obtained a license therefor from the Board, covering all the premises intended to be so used.
[Ord. #4; 1973 Code § 130-123]
Every application for such license shall state the following:
a. 
Name of proposed licensee.
b. 
A particular description of the premises and building in or at which the same is contemplated to be conducted.
c. 
The maximum number of women and infants to be cared for at any one (1) time.
[Ord. #4; 1973 Code § 130-124]
Every license granted under this section shall provide that the same shall be posted permanently on the licensed premises and the name shall, in fact, at all times be so posted.
[Ord. #4; 1973 Code § 130-125]
Every license granted hereunder shall contain a limitation upon the number of patients who may be cared for in the licensed premises at any one (1) time and such limitations shall be determined solely by the Board, based upon the number of rooms available in the licensed premises for the care of patients, their size, height and such other factors as may bear upon the services contemplated to be rendered.
[Ord. #4; 1973 Code § 130-126]
The licensee shall, at all times, keep and maintain complete records in the form to be prescribed by the Board and covering the name, age, color, religion, place of residence and such other information concerning the care, maintenance, treatment and progress of all customers, aprons and patients, together with full and complete records of any and every kind, concerning births, deaths, disease or illness as are now or hereafter may be required by any regulation or law, statute or ordinance.
[Ord. #4; 1973 Code § 130-127]
All records required to be kept under this section shall be open to inspection, check and audit by the Board or any of its duly authorized representatives.
[Ord. #4; 1973 Code § 130-128]
The licensed premises shall, at all times, likewise be open to inspection by the Board or any of its duly authorized representatives.
[Ord. #4; 1973 Code § 130-129]
The provisions of this section shall not apply to any institution or department maintained or operated by the State of New Jersey or by any county, municipality or subdivision thereof, or a hospital duly licensed by the State Board of Control of the Department of Institutions and Agencies.
[Ord. #4; 1973 Code § 130-130]
No maternity home shall be operated in conjunction with a boarding home for children.
[Ord. #4; 1973 Code § 130-131]
The number of women cared for during pregnancy, labor or lying-in period shall at no time exceed the number authorized or permitted by the terms of the license.
[Ord. #4; 1973 Code § 130-132]
No women or infants shall be kept, cared for or administered to within any place or building not designated in the license.
[Ord. #4; 1973 Code § 130-133]
In addition, the same regulations shall apply to the conduct and maintenance of a maternity home and the premises and buildings used in connection therewith, as provided in the preceding § BH3-12 regarding the conduct and the maintenance of boarding homes for children.
[Ord. #4; 1973 Code § 130-134]
No person shall conduct or maintain a nursing home or convalescent home without first having obtained a license therefor from the Board, covering all the premises intended to be so used.
[Ord. #4; 1973 Code § 130-135]
No nursing and/or convalescent home shall be run in conjunction with a maternity home or boarding home for children.
[Ord. #4; 1973 Code § 130-135]
In addition, the same regulations shall apply to the conduct and maintenance of a nursing and/or convalescent home and the premises and buildings used in connection therewith, as provided in § BH3-13 regarding the handling of food and the conduct and maintenance of boarding homes for children and maternity homes.
[Ord. #4; 1973 Code § 130-151]
No person shall operate a kennel or pet shop without having first obtained a license therefor from the Board.
[Ord. #4; 1973 Code § 130-1]
No dog kept in a kennel, pet shop or pound shall be permitted off such premises except on leash or in a crate or other safe control.
[Ord. #4; 1973 Code § 130-153]
The keeping of three (3) dogs or more per premises shall be deemed a kennel.
[Ord. #4; 1973 Code § 130-154; New]
All kennels, pet shops or pounds shall conform with the regulations now or hereafter in force under the Zoning Ordinance and the Construction Code.[1]
[1]
Editor's Note: See the Land Development Regulations and Chapter 10, Building and Housing, of the Revised General Ordinances of the Borough of Midland Park.
[Ord. #4; 1973 Code § 130-155]
No person shall slaughter or engage in the business of slaughtering any live animals.
[Ord. #4; 1973 Code § 130-156]
No person shall keep any cattle except as hereinafter provided in § BH3-18.
[Ord. #4; 1973 Code § 13-157]
No person shall keep any cattle without having first obtained a license or permit.
[Ord. #4; 1973 Code § 130-158]
All barns and stables shall be construed in accordance with the regulations now or here-after in force under the Zoning Ordinance.
[Ord. #4; 1973 Code § 130-159]
No barn, stable, pen or corral shall be within one hundred (100') feet of any dwelling unit or place where people congregate, or within four hundred (400') feet of any food or eating establishment or within ten (10') feet of any property line.
[Ord. #4; 1973 Code § 130-160]
Adequate ventilation shall be provided in all barns or stables.
[Ord. #4; 1973 Code § 130-161]
Every stable or barn shall have a concrete floor.
[Ord. #4; 1973 Code § 130-162]
Adequate drainage and seepage pits shall be provided for all liquid waste.
[Ord. #4; 1973 Code § 130-163]
Manure from all barns or stables shall be removed from the premises weekly.
[Ord. #4; 1973 Code § 130-164]
Every stable or barn shall have a watertight covered container for receiving and holding stable wastes and accumulations.
[Ord. #4; 1973 Code § 130-165]
No person shall keep or maintain any live poultry or fowl, even for noncommercial purposes, without first having obtained a license or permit for that purpose from the Board covering the premises intended to be used.
[Ord. #4; 1973 Code § 130-166]
All live poultry shall be confined in coops or runs.
[Ord. #4; 1973 Code § 130-167]
All coops and runs shall be located outside of and completely apart from any building used wholly or in part for dwelling purposes, in which people congregate or used as a food or eating establishment.
[Ord. #4; 1973 Code § 130-168]
All coops or runs shall be constructed in accordance with the regulations now or hereafter in force under the Zoning Ordinance.
[Ord. #4; 1973 Code § 130-169]
All coops shall be provided with concrete floors.
[Ord. #4; 1973 Code § 130-170]
A sufficient number of roosts, to provide roosting space for each individual specimen of poultry or fowl kept in the coop, and a sufficient number of properly placed drop boards beneath each roost, to catch all droppings excreted by the poultry or other fowl while on the roost, shall be provided.
[Ord. #4; 1973 Code § 130-171]
All coops and runs and the entire surroundings of all such places, shall be kept clean at all times and shall be subject to periodic inspection by the Health Officer or his representative.
[Ord. #4; 1973 Code § 130-172]
Coops and runs shall be disinfected or otherwise treated when so directed by the Board.
[Ord. #4; 1973 Code § 130-173]
The floors of all coops shall be kept clean and dry at all times.
[Ord. #4; 1973 Code § 130-174]
All of the droppings shall be removed from each coop and buried, removed from the premises, or otherwise disposed of in a manner approved by the Board, at least once each week.
[Ord. #4; 1973 Code § 130-175]
All food for immediate consumption shall be placed in suitable feeding troughs, or similar containers, and all other food shall be stored in rat-proof containers at all times.
[Ord. #4; 1973 Code § 130-176]
The provisions of this section shall not be deemed to authorize the keeping of live poultry for sale or for the preparation for sale.
[Ord. #4; 1973 Code § 130-177]
No person shall keep any crowing rooster or screaming or chattering fowl.
[Ord. #4; 1973 Code § 130-178]
No live poultry, pigeons or other fowl shall be permitted to fly or run at large.
[Ord. #4; 1973 Code § 130-179]
No coop or run shall be located within seventy-five (75') feet of any dwelling unit or place where people congregate, or within two hundred (200') feet of any food or eating establishment or within ten (10') feet of any property line.
[Ord. #4; 1973 Code § 130-180]
No person shall keep more than one (1) individual specimen of poultry or fowl in any coop for three (3) square feet of usable floor space with-in the coop.
[Ord. #4; 1973 Code § 130-181]
No poultry food shall be scattered about any premises.
[Ord. #4; 1973 Code § 130-182]
No person shall keep small animals, as defined in § BH3-2 hereof, on any premises within the Borough unless a license for that purpose shall have been first secured from the Board covering the premises to be so used.
[Ord. #4; 1973 Code § 130-183]
No license for the keeping or raising of small animals shall be granted to any person when the keeping or raising of such small animals, because of the nature or characteristics thereof, would be detrimental to the general health of the residents of the neighborhood of the premises sought to be so licensed.
[Ord. #4; 1973 Code § 130-184]
No person shall keep any small animals in a hutch or coop of a size having less than eight (8) square feet of floor space and being less than two (2') feet in height, without special permission from the Board.
[Ord. #4; 1973 Code § 130-185]
Each hutch or coop shall be dry and adequately ventilated and shall be cleaned daily and rebedded with fresh straw, leaves or other absorbent material.
[Ord. #4; 1973 Code § 130-186]
No person shall keep any small animal affected with skin mange, coceidosis, parasitic worms or other diseases contagious to other animals or human beings and any such animal so affected shall immediately be destroyed and the carcass cremated forthwith.
[Ord. #4; 1973 Code § 130-187]
Any hutch or coop wherein such affected animal is found and all adjoining hutches or coops shall be destroyed or thoroughly disinfected with a germicide approved by the Board and under the direction of the Health Officer. The provisions of this section shall not apply to any small animal under regular professional treatment by a duly licensed veterinarian but all the provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected or when such veterinarian shall certify that, in his opinion, such cure cannot be affected.
[Ord. #4; 1973 Code § 130-188]
No hutch or coop shall be less than fifty (50') feet from any dwelling nor less than ten (10') feet from all adjoining property lines.
[Ord. #4; 1973 Code § 130-189]
No person shall allow any animal, as the term is herein defined, to run at large, but the same shall at all times be confined to the premises licensed for the keeping thereof.
[Ord. #4; 1973 Code § 130-190]
It shall be the duty of every person who shall have contracted or shall be otherwise bound or legally obligated to heat or to furnish heat for any building, part of any building, apartment or space occupied as a home or place of residence of one (1) or more persons, or as a business establishment where one (1) or more persons are employed, to so heat or to so furnish heat to every occupied portion of such building, so that a minimum temperature of sixty-eight (68° F.) degrees Fahrenheit is maintained therein at all times; provided, however, that the provisions of this subsection shall not apply to buildings or parts thereof used and occupied for trades, businesses or occupations where high or low temperatures are essential and unavoidable.
[Ord. #4; 1973 Code § 130-191]
For the purpose of this section, wherever any building, or the part thereof so concerned, is heated by means of a furnace, boiler or other apparatus under the control of the owner, agent or lessor, in the absence of an agreement to the contrary with the tenant or occupant the owner, agent or lessor shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this section.
[Ord. #4; 1973 Code § 130-192]
With respect to the obligation or duty to furnish heat to or in a building, apartment or portion thereof, occupied as a home or place of residence, the term "at all times" as used in this section, shall mean the time between the hours of 6:00 a.m. and 10:00 p.m. from September 15 to May 15. With respect to the obligation or duty to furnish heat to a building or portion thereof used and occupied as a business establishment, the term "at all times", as used in this section, shall mean the usual working hours established and maintained in the said building or portion thereof so involved.
[Ord. #4; 1973 Code § 130-193]
The term "contracted," as used in this section, shall be taken as used in this section to mean and include on obligation arising by a written verbal or implied contract, and the presence of heating outlets, radiators, risers or returns in any hall or apartment, or subdivision of a house, shall be prima facie evidence of an implied contract.
[Ord. #4; 1973 Code § 130-194]
At no time, however, shall the minimum temperature be permitted to fall below fifty (50° F.) degrees Fahrenheit in any building, apartment, part of any building or apartment or other space wherein or wherefor there shall be any obligation to furnish heat. It shall be the duty of every person who shall have such obligation to furnish such heat, to maintain the same in accordance with this section.
[Ord. #4; 1973 Code § 130-195]
In all buildings occupied for residential purposes by two (2) or more families and when the owner thereof shall have agreed to supply hot water, sufficient hot water, at least at one hundred forty (140° F.) degrees Fahrenheit shall, at all times be supplied.
[Ord. #4; 1973 Code § 130-196]
In all buildings occupied as residence by two (2) or more families and when the owner or lessor thereof shall have agreed to supply refrigeration facilities, he shall be and is hereby required to supply and maintain such refrigeration facilities at all times and in such manner as may be necessary for the proper and wholesome preservation of foodstuffs.
[Ord. #4; 1973 Code § 130-197]
No person shall let, or occupy, or suffer to be occupied separately as a dwelling, any vault, cellar or underground room whatsoever, unless every part thereof shall be at least seven (7') feet in height, measured from the floor to the ceiling thereof, and unless the same be for at least three (3') feet of its height above the surface of the street or ground adjoining or nearest to the same and unless there is an air space of not less than one (1') foot below the level of the floor and unless the same have external window openings of at least nine (9) square feet clear at all points in elevation of the sash frame, which shall be so construed to affect or apply to any existing uses, unless such uses are otherwise detrimental to the health of the occupants of the premises.
[Ord. #4; 1973 Code § 130-198]
No person having the right or power to prevent the same shall knowingly cause or permit any person to sleep or remain in any cellar or in any place dangerous or prejudicial to health by reason of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive substance or by reason of lack of suitable sanitary facilities.
[Ord. #4; 1973 Code § 130-199]
No owner, tenant, agent or lessee of any building or any part thereof shall lease, let or hire out the same or any portion thereof to be occupied by any person, or allow the same to be occupied as a dwelling or lodging place, unless such building or parts thereof so occupied are sufficiently lighted and ventilated, and have available suitable sanitary facilities, and are in all respects in that condition of cleanliness and wholesomeness required by this Code and by all applicable laws of this State.
[Ord. #4; 1973 Code § 130-200]
No owner nor other person in charge or control of any tenement or any other building, shall permit any building or part thereof to be occupied or inhabited if the same is unfit for human occupation by reason of its being infected with vermin, or by reason of its being in a condition dangerous to health or otherwise likely to cause disease among its inhabitants.
[Ord. #4; 1973 Code § 130-201]
Whenever it shall be decided by the Board that any building or part thereof is unfit for human occupation by reason of its harboring disease, or by reason of its being otherwise likely to cause disease among the occupants, and notice of such decisions shall have been affixed conspicuously on the building or any part thereof and personally served upon the owner, agent or lessee, if the same can be found in the State, requiring all persons therein to vacate from such building or part thereof, for such reason as stated in the notice aforesaid, such building or part thereof shall, within ten (10) days thereafter, be vacated or in case of a special emergency, within such shorter time as in the notice may be specified. Every such notice shall be void if within the time limited by the notice, or before the premises are so vacated, the cause for the giving of such notice shall be so cured, so that the condition theretofore existing and upon which the notice is based, shall no longer exist.
[Ord. #4; 1973 Code § 130-202]
The owner or other person in charge and control of any building, shall provide watertight and covered receptacles for receiving garbage and other refuse matter. No building or any part thereof shall be used as a place of storage for any article detrimental to health.
[Ord. #4; 1973 Code § 130-203]
Every building and its appurtenant premises shall at all times be kept clear and free from accumulation of dirt, filth, trash, garbage or other detrimental matter.
[Ord. #4; 1973 Code § 130-204]
The owner, lessee, tenant or occupant of every building or structure, within the right or ability of either to remedy or prevent the same, shall not cause or allow any matter of thing to be done in or about any such building or structure dangerous or prejudicial to health.
[Ord. #4; 1973 Code § 130-205]
The owner, tenant, manager and all other persons maintaining, operating or in charge or control of any public place 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, its officers or any employee of the Board.
[Ord. #4; 1973 Code § 130-206]
Every public place shall contain the following:
a. 
Proper lavatory facilities for the use of persons patronizing the place.
b. 
A washroom, comfort station or other place of a like nature.
c. 
A sufficient quantity of toilet tissue.
d. 
Individual towels.
e. 
A sanitary waste receptacle for towels customarily discarded after usage.
f. 
Separate toilets for male and female patrons.
g. 
Provisions for the thorough cleansing, boiling and sterilizing of cloth towels, if used.
h. 
A mechanical dispenser for liquid or powdered soap of a type approved by the Board.
[Ord. #4; 1973 Code § 130-207]
In all public places there is prohibited:
a. 
The use of cake soap in common.
b. 
The use of any drinking cup in common.
c. 
The use of towels in common.
[Ord. #4; 1973 Code § 130-208]
Use of cleansing agents containing hydrocyanic acid or other poisonous ingredients is specifically prohibited.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-209]
No person shall dump, bury, burn or allow to accumulate any garbage, ashes, rubbish, condemned or spoiled animal or vegetable substances, except as may be specifically authorized.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-210]
All food establishments, restaurants, food processing places, all retail and wholesale business establishments and multiple-dwelling units consisting of three (3) or more dwelling units shall provide a metal receptacle within which to store the garbage and/or refuse between the periods of collection. Such receptacle shall be covered and shall be watertight so as to provide the emission of any odor or liquid.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-211]
No person shall engage in the business of collecting or disposing of or transporting any such substances or materials without first having obtained a permit therefor from the Board.
a. 
Application for permit shall be made to the Board of Health.
b. 
Applicant must submit in writing a list of equipment to be used and a statement giving location for the disposing of the ashes, rubbish and garbage. These must be satisfactory to the Board of Health before a permit will be issued.
c. 
The license fee for a permit to collect garbage and/or refuse from single- or two-family dwellings shall be three hundred ($300) dollars and the permit shall be renewed annually starting January 1 of each year.
d. 
Fee.
1. 
The license fee for a permit to collect garbage and/ or refuse from multiple-dwelling units consisting of three (3) or more dwelling units and commercial establishments shall be as follows:
Number of Multiple-Dwelling Units or Commercial Establishments
Fee
1 to 5
$50
6 to 10
$70
$100
2. 
The permits shall be renewed annually starting January 1 of each year.
e. 
Schedule of Rates.
1. 
All applications shall be accompanied by a schedule of rates to be charged by the applicant for the year covered by the permit, and rates may not be increased during any given calendar year unless an increase in services is involved and the Board of Health determines by resolution that a rate increase is justified.
2. 
Each applicant shall in writing agree at the time of the submission of an application for a permit that the schedule of rates shall not be increased during the year covered by the permit unless such increase is approved by the Board of Health.
3. 
Any applicant proposing to renew a permit for the next year and desiring to increase rates for the next year shall give not less than sixty (60) days written notice prior to his application of the proposed increased rates and such notice shall be given to the Secretary of the Board of Health.
f. 
The Board of Health shall issue permits to any responsible applicant who is able to show that he can comply with the terms of this chapter. In the event the Board of Health withholds the issuance of a permit, the applicant may appeal the decision to the Mayor and Council, at which time he should be prepared to produce evidence showing that he will be able to comply with all of the terms of this chapter and that he is financially responsible.
g. 
The Board of Health may revoke any permit which it has issued if the holder of the permit violates any of the terms and provisions of this section.
[Ord. #4; Ord. #8-18-67; Ord. #4-19-68; 1973 Code § 130-212]
a. 
Any person obtaining a permit shall be required to execute and deliver within ten (10) days thereafter a bond in form satisfactory to the Board to secure the faithful performance of the undertakings for the work for which the permit is issued. The amount of the bond shall be determined by the Board of Health. The Board of Health shall take into account in establishing the amount of the bond the financial responsibility of the permittee, the approximate cost of providing the services permitted under the license and the prior experience with the permittee.
b. 
In case the applicant for a permit shall fail to furnish the bond and to renew the same annually, then the permit so issued shall immediately end and terminate.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-213]
All vehicles used in the collecting, transporting or disposing of such materials or substances as described in Subsection BH3-23.1 shall have a closed, water-tight metal body, and shall at all times be maintained and operated in a clean and sanitary manner. Such vehicles shall be kept closed at all times, except while actually being filled or emptied.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-214]
The owner, tenant, lessee and occupant of every house, store or other building or any part thereof, or of any other premises, shall be obligated to place or cause to be placed in a metal water-tight receptacle, which shall have a tight cover and be kept tightly closed at all times, all coal or wood ashes, plaster and all other household refuse and decaying vegetable or animal substances upon his or her premises. All such receptacles shall be kept at ground level, at the rear of the house or outside the garage door, in a place accessible for emptying by authorized collectors, and shall be maintained in sanitary condition.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-215]
The provisions of this section shall not apply to the collection of garbage, ashes, rubbish or other matter by the Borough, but a licensee with the Borough shall not be exempt from such provisions.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-216]
All vehicles and receptacles mentioned in this section shall be available for inspection by the Health Officer at all reasonable hours.
[Ord. #4; Ord. #8-18-67; 1973 Code § 130-217]
a. 
All animal or vegetable substance or garbage or wet, offensive refuse shall be disposed of and collected two (2) times in each week.
b. 
All ashes, rubbish or other dry, inoffensive refuse shall be disposed of and collected on the first pickup every week, but more often if conditions require or if ordered by the Board in residential areas. All such refuse shall be put at the curb the preceding evening or on the pickup day.
c. 
All ashes, rubbish or dry, inoffensive refuse, animal or vegetable substances, wet garbage or wet, offensive refuse shall be removed daily, except Sunday from the premises of all commercial business, industrial and apartments exceeding three (3).
d. 
The permittee shall not permit litter of any kind to fall from containers and to remain on the premises of patrons or in the streets. Should the permittee fail to comply with this requirement and permit such litter to fall from containers and to remain on the premises of patrons or in the streets, the Board of Health may notify the permittee and specify the time within which such litter shall be removed by the permittee, or the Borough may, with or without notice to the permittee, remove and dispose of such litter. Whenever the Board of Health removes and disposes of such litter, the permittee shall pay to the Board of Health the reasonable cost thereof. Whenever the Board of Health demands from the permittee payment of any cost incurred by the Board of Health in the removal and disposal of such litter, payment shall become due immediately.
e. 
All collections shall be between the hours of 6:00 a.m. and 6:00 p.m.
[Ord. #4; 1973 Code § 130-218]
Every person and every employee of every such person, in either actual or constructive control, maintenance or supervision thereof, shall at all times so maintain, control and supervise all boilers, furnaces, engines, devices, contrivances, smoke-stacks and chimneys located in, passing through or which may be a part of any house, building, place or premises or vehicle so that the same does not emit dense smoke or other solids, gases or fumes that may cause discomfort or injury to health.
[Ord. #4; 1973 Code § 130-219]
The preceding Subsection BH3-24.1 shall also apply to the chimney stacks or exhaust of locomotives, steam rollers, steam shovels, steam hoisting engines, tar kettles, buses, or any other machine, device or contrivance.
[Ord. #4; 1973 Code § 130-220]
Each and every day or part thereof that such smoke, solids, gases or fumes shall be emitted in violation of this section shall be deemed to be a separate violation, unless an extension of time to continue such violation is granted by the Board therefor based upon a factually supported claim that extensive alterations are required for the purpose of complying with the provisions of this Code and based further upon the promise that such alterations will be made within such time as the Board may determine to be reasonable. The granting or denial of such extensions of time shall, at all times, be discretionary with the Board.
[Ord. #4; 1973 Code § 130-221]
Whenever a dog, cat or other animal is infected or is suspected of being infected with rabies, or has been bitten by an animal known or suspected to be infected with rabies the owner or person in charge of any such animal, or every other person having knowledge thereof, shall forthwith notify the Board. Such notification shall be in writing, signed by the person making the same, and shall state where the animal or animals so infected may be found.
[Ord. #4; 1973 Code § 130-222]
Whenever the Board or any officer thereof has reason to believe, or has been notified by the State Department that there is danger that rabies may spread within the jurisdiction of such Board, the Board of Health Officer shall serve a notice, in writing, upon all persons within the jurisdiction of such Board, so far as the same may be known to the Board or to such Health Officer, of any dog, requiring such person to confine such dog.
[Ord. #4; 1973 Code § 130-223]
Any and all other animals may be included in the notice last mentioned whenever in the opinion of the Board such animal shall be so included.
[Ord. #4; 1973 Code § 130-224]
In lieu of serving the written notice required to be given by Subsection BH3-25.2, one may be published in the official legal newspaper of the Borough.
[Ord. #4; 1973 Code § 130-225]
The Board or the duly authorized agent of such Board, within its jurisdiction, shall be permitted by the owner or person in charge of a dog, cat or other animal which has attacked or bitten a person to place the animal in quarantine at a designated pound for a period of ten (10) days to determine whether the animal shows symptoms of rabies. Cost of any confinement to be paid by its owner.
[Ord. #4; 1973 Code § 130-226]
No person shall refuse, obstruct or interfere with the Board in making such examination.
[Ord. #4; 1973 Code § 130-227]
The owner or other person in charge of any dog, cat or other animal known to have been bitten by an animal known to have been infected by or with rabies, upon notice by the Board to do so, shall confine such animal for a period of six (6) months at a designated pound, cost of any confinement to be paid by its owner.
[Ord. #4; 1973 Code § 130-228]
Any animal confined, under order of the local Board, shall not be released until a certificate of release has been issued by such Board.
[Ord. #4; Ord. #12-11-68; 1973 Code § 130-229]
a. 
The owners of all dogs seven (7) months or older shall cause the same to be licensed, such license to be obtained by the owner on or before January 1 in each year or within thirty (30) days after becoming the owner, unless such dog shall already be licensed. The person applying for the license and registration tag shall pay a fee of six ($6) dollars for each new dog license, plus such amounts as may be charged by the State of New Jersey or any other governmental agency for the registration tax of each dog and the licenses. Registration tags and renewals thereof shall expire on December 31 of the year for which issued. Licenses may be secured up to and including January 31, effective as of January 1 of that year, without penalty. Dogs used as guides for blind persons and commonly known as "seeing eye" dogs shall be licensed and registered as other dogs hereinabove provided for except that the owner or keeper of such dog shall not be required to pay any fee therefor.
b. 
Anyone not complying with the above provisions shall be subject of an additional fee of five ($5) dollars late charge, payable to the duly authorized agent at the time the license is issued.
c. 
All dogs must have a current immunization against rabies.
d. 
No licenses will be issued without proof of a current rabies immunization certificate.
e. 
The provisions of this section shall be enforceable by any duly authorized agent of the Mayor and Council and Board of Health.
[Ord. #4; 1973 Code § 130-230]
Such license shall be issued by the Board upon application. A record shall be kept of each license, giving the name, breed, sex, age, license number of the dog and the owner's name and address. The Board shall issue to the owner a metal tag bearing the number of the license, which tag must be worn by the dog at all times.
[Ord. #4; 1973 Code § 130-231]
No person shall allow any dog to run at large. Any dog running at large may be impounded.
[Ord. #4; 1973 Code § 130-232]
The animal pound already designated is hereby continued and any dog running at large when captured shall be taken to the pound. If such captured dog is wearing a properly issued current year license tag the owner shall be notified personally or by mail, addressed to him at his last known address. If notification is by mail, it shall be accompanied by a copy of this section. Such owner may redeem his dog upon payment of the sum of two ($2) dollars to the keeper of the pound, provided the payment is made within a period of forty-eight (48) hours after such dog has been placed in the pound and notice mailed to the owner, or, if after forty-eight (48) hours, then upon payment of one ($1) dollar per day additional for each day thereafter that the dog remains in the pound. If such owner shall not redeem his dog within the period of seven (7) days after notification as herein provided, then it shall be lawful for the keeper of the pound to dispose of the dog in some humane manner. The keeper of the pound, however, shall, if practicable, find a home therefor. A report of his disposal of the dog shall be promptly filed by the keeper of the pound with the Board of Health, which shall keep a proper and complete record of all such disposals.
[Ord. #4; 1973 Code § 130-233]
No provision of this section shall in any way invalidate or supersede the provisions of any existing ordinance regulating the control and licensing of dogs unless the provisions of any existing ordinances are inconsistent with the provisions of this section.
[Ord. #4; 1973 Code § 130-249]
It shall be unlawful to operate a laundry, dry-cleaning business, laundromat, laundry vehicle or carrier within the limits of the Borough for the purpose of cleaning, washing, collecting or distributing laundry without first having a license from the Board.
[Ord. #4; 1973 Code § 130-250]
It shall be unlawful to place any soiled laundry in any automobile, other vehicle or carrier containing clean laundry or laundry intended for delivery, except where such automobile, vehicle or other carrier is so constructed as to effect a complete separation and avoidance of contact between soiled and cleaned laundry and in a manner acceptable to the Board.
[Ord. #4; 1973 Code § 130-251]
It shall be unlawful to collect laundry from a house wherein there exists a communicable disease and having been placarded by the Board as having or having had a case of communicable disease, during the period of quarantine established by such placarding.
[Ord. #4; 1973 Code § 130-252]
Laundry which has accumulated during the period of communicable illness, shall not be removed from such house where the same has accumulated until a permit issued by the attending physician or Health Officer certifying that such accumulated laundry has been properly sterilized and is in acceptable condition for removal and relaundering.
[Ord. #4; 1973 Code § 130-253]
The vehicles, carriers, plant, buildings and premises wherein or whereon the work of laundering is done, and wherein or whereon soiled and cleaned laundry is stored or handled, shall at all times be kept in a clean sanitary condition satisfactory to the Board, and such plant, buildings, premises, vehicles and carriers shall at all times be subject to examination and inspection by the Board and its duly authorized representatives. Soiled laundry which is in transit to or from or within such plant, buildings, premises, vehicles and carriers shall not at any time be allowed to come in contact with cleaned laundry, and means satisfactory to the Board must be provided by the permittee to effectively prevent possibility of such contact.
[Ord. #4; 1973 Code § 130-254]
It is intended that the terms "license" or "permit," wherever used herein, be synonymous if, in the interpretation of any part hereof, such synonym is required to carry out the manifest intent and purpose of the Code.
[Ord. #4; 1973 Code § 130-255]
All applications for licenses, permits or certificates, shall be made at the office of the Board during regular office hours and the fees for every license or permit shall be paid in advance at the time of making the application therefor.
[Ord. #4; 1973 Code § 130-256]
The granting of any license, permit or certificate may be withheld, at the direction of the Board, pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license permit or certificate under consideration.
[Ord. #4; 1973 Code § 130-257]
All licenses, permits or certificates issued under any of the several sections of this Code shall be valid only for the balance of the calendar year in which they are issued, unless otherwise herein provided. No such license, permit or certificate shall be transferable or assignable.
[Ord. #4; 1973 Code § 130-258]
The Board shall evidence the granting of any license, permit or certificate issued by furnishing to the licensee, permittee or certificate holder a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license, permit or certificate, the serial number of the same, name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed, if that be material or required, and such other information as the Board may deem pertinent.
[Ord. #4; 1973 Code § 130-259]
Every license, permit or certificate issued by the Board shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued, and shall likewise be so displayed on every vehicle or conveyance so licensed, for the period that the license, permit or certificate shall be in force, unless the Board shall otherwise prescribe.
[Ord. #4; 1973 Code § 130-260]
Every license, permit or certificate issued hereunder may, at any time during the term for which the same is so issued, be suspended by the Board (or in an emergency by its Health Officer) pending a hearing to be granted the holder thereof, pursuant to a notice to show cause by the Board why the license, permit or certificate should not be suspended further or revoked.
[Ord. #4; 1973 Code § 130-261]
No such license, permit or certificate shall be suspended unless the Health Officer shall file, with the Board, a complaint or charges evidencing one (1) or more violations of the section hereof under which the license, permit or certificate was originally issued.
[Ord. #4; 1973 Code § 130-262]
Every suspension ordered under this section shall automatically terminate two (2) weeks from the date thereof, unless the continuance of such suspension shall be ordered by the Board, and then such suspension shall continue only during the period of any such continuance so ordered by the Board.
[Ord. #4; 1973 Code § 130-263]
During the period of any such suspension, or ordered continuance thereof, every license, permit or certificate so suspended shall be ineffective and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license, permit or certificate suspended.
[Ord. #4; 1973 Code § 130-264]
Any license, permit or certificate issued under the provisions of this Code may be revoked at any time by the Board for just cause, or if the licensee, permittee or certificate holder, or any of the employees, agents or servants of said licensee, permittee or certificate holder shall violate:
a. 
Any of the provisions of this Code or any amendments hereof or supplements hereto; or
b. 
The Sanitary Code of the Department of Health of the State of New Jersey specifically applicable to the subject matter for or upon which said license, permit or certificate was issued.
[Ord. #4; 1973 Code § 130-265]
Before any license, permit or certificate may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violation charged against him.
[Ord. #4; 1973 Code § 130-266]
The time and place for such hearing shall be fixed at the discretion of the Board; provided, however, that an unreasonable time shall not be permitted to elapse between the date of any suspension of licenses and the date fixed for the hearing.
[Ord. #4; 1973 Code § 130-267]
Notice of the time and place of any hearing held under this section shall be given by the Board to the holder of the license, permit or certificate so involved, in writing, and served either personally or sent to him by registered mail, addressed to him at the address stated in the license, permit or certificate.
[Ord. #4; 1973 Code § 130-268]
A licensee, permittee or certificate holder who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing, and in that event his license, permit or certificate may, as a matter of course, be forthwith revoked.
[Ord. #4; 1973 Code § 130-269]
The Board may adopt such rules and regulations as by law it is permitted, authorized or empowered to so adopt and which shall, in its judgment, aid in the proper understanding and general enforcement of this Code.
[Ord. #4; 1973 Code § 130-270]
The Board shall and may amend, supplement or implement this Code by other provisions amendatory thereof or supplementary there-to.
[Ord. #4; 1973 Code § 130-271]
The Board may, by general resolution, suspend or declare inoperative any provisions of this Code which, in their judgment, are not for the time being required for the protection of the health of the Borough.
[Ord. #4; 1973 Code § 130-272]
HEALTH OFFICER
Shall mean the duly licensed Health Officer, executive officer or other officer duly appointed or designated by the Board to enforce this Code or supervise this work on behalf of the Board.
SANITARIAN
Shall mean every duly licensed officer appointed by the Board to aid in the enforcement of the sanitary laws of this State or to aid in the enforcement of the rules, regulations and ordinances of the Board of Health, except Health Officer, Secretary, Registrar or persons performing principal clerical duties in the office of the Board.
[Ord. #4; 1973 Code § 130-273; New]
Except as otherwise provided in this section, any person who shall:
a. 
Do or commit any act prohibited by the terms of this Code; or
b. 
Do or commit any act for which a license, permit or certificate is required, without having secured and being in possession of a valid license, permit or certificate at the time of the doing or commission thereof; or
c. 
Omit to do or perform any act required by him to be so done or perform by this Code; or
d. 
Maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions thereof; or
e. 
Violate any of the provisions of any of the sections hereof; or
f. 
Fail to maintain any condition, equipment or facility required therein to be maintained; or
g. 
Fail to install any article of a particular type, kind, quality or specification where such installation is required; or
h. 
In any manner, by deed, act, act of commission or act of omission, violate any one (1) or more of the provisions of this Code;
shall, upon conviction thereof, or upon conviction of any violation of the provisions hereof, be liable to the penalty established in Chapter BH1, § BH1-2 of this Board of Health Code.
[Ord. #4; 1973 Code § 130-274; New]
Any person convicted of violating any provision of § BH3-3 shall be liable to the penalty established in Chapter BH1, § BH1-2 of this Board of Health Code. If judgment is rendered against a body corporate, execution shall be issued against the goods and chattels of such body corporate.
[Ord. #4; 1973 Code § 130-276]
All of the fees required to be paid, or paid under the terms hereof, are intended to be annual fees but, when paid, shall cover only the balance of the calendar year during which the same are so paid or payable, unless otherwise herein provided.
[Ord. #4; 1973 Code § 130-277; Ord. #11-9-87, § 1; amended 2-12-2004 by Ord. No. BOH 01-2004; 12-6-2004 by Ord. No. BOH 02-2004; 5-11-2009 by Ord. No. BOH 01-2009; 9-10-2012 by Ord. No. BOH 01-2012; 5-11-2015 by Ord. No. BOH 01-2015; 9-14-2015 by BOH 02-2015; 9-10-2018 by Ord. No. BOH 01-2018]
The annual fee for the several licenses, permits or certificates, referred to in this Code, are hereby fixed as follows:
Type of Establishment
Fee
Prepackaged food and beverage
$100
Miscellaneous retail food
$300
Bakery
$200
Convenience stores
$300
Restaurant seating 1-49
$200
Restaurant seating 50+
$300
Keeping of cattle: each animal
$75
Health spa/exercise facility
$150
Nursery/day care
$200
Catering truck
$200
Ice cream truck
$125
Milk truck
$100
Supermarket
$800
Vending machines, one
$50
Vending machines, additional
$25
Temporary retail food, 1-3 days
$100
Temporary retail food, 4-7 days
$150
Late fees licenses, under $100
$25
Late fees licenses, $100 and over
$50
Vital statistics fees
Certified copies for each numbered page
Birth certificate
$15
Death certificate
$15
Marriage certificate
$15
Domestic partnership
$15
Correction
$15
a. A fee of $ 25 per transcript shall be imposed for issuance of a certified transcript of a vital record for any death. A fee of $2 per transcript shall be imposed for each additional transcript issued at the same time, to the same person, for the same record.
b. A fee of $15 per transcript shall be imposed for issuance of a certified transcript of a vital record for any birth, marriage, civil union, partnership or correction.
Public recreational bathing facilities
$250
Inspections
For a conditional inspection:
First reinspection
$0
Second reinspection (each)
$100
Three or more reinspections (each)
$150
For an unsatisfactory inspection:
First reinspection
$150
Second reinspection (each)
$300
Three or more reinspections (each)
$400
For emergency opening during evenings and weekends
$200
Temporary retail food establishment license fees
1 to 3 days
$25
4 to 14 days
$50
[Ord. #4; 1973 Code § 130-278; Ord. #11-9-87, § 1]
Whenever, in this Code, a license or permit is required and no specific fee is established, for such license or permit the fee thereof shall be ten ($10) dollars.
[Ord. #4; 1973 Code § 130-279]
No fee for any permit, license or certificate issued hereunder shall be required of any person declared by State law to be exempt from the payment of any such fee.
[Ord. #4; Ord. #5; Ord. 2/13/90]
Failure to obtain a "renewal" of an establishment license in the month of January in any calendar year for existing establishments and before any new establishment opens for business a twenty-five ($25) dollar late fee will be imposed for all licenses valued at one hundred ($100) dollars and below, and fifty ($50) dollars for all licenses valued at above one hundred ($100) dollars.
All fees thereof inconsistent herewith are hereby expressly repealed.