[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.
BOARD
BOARDINGHOUSE
BOARDING HOME FOR CHILDREN
CAMP
CATTLE
CELLAR
CLEANING
CODE
CONTAINER
DENSE SMOKE
DISINFECTION
DWELLING
FOOD
FOOD ESTABLISHMENT
GARBAGE
HEALTH OFFICER
HOTEL
KENNEL
LABEL
LABELING
LODGING HOUSE
MATERNITY HOME
MEMBER
MULTIFAMILY HOUSE
NUISANCE
NURSE
NURSING HOME and/or CONVALESCENT HOME
PERMIT or LICENSE
PET SHOP
POULTRY
POUND
PROPERTY and PREMISES
PUBLIC PLACES
REGISTRAR
REGULATIONS
RESTAURANT
RUBBISH
SANITARIAN
SANITIZE
SMALL ANIMALS
STATE BOARD AND STATE DEPARTMENT
TENANT
The following definitions shall apply in the interpretation and enforcement
of this chapter:
Shall mean the Board of Health of the Borough.
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.
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.
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.
Shall mean the following animals and their respective young:
cows, horses, mules, asses, sheep, goats, swine and other hoofed animals.
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.
Shall mean the thorough removal of contaminating material
or materials.
Shall mean this chapter as herein designated, unless some
other code is expressly indicated.
Shall be synonymous with "package" as herein defined.
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.
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.
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.
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.
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.
Shall mean the accumulation of animal or vegetable matter,
or both, liquid or otherwise, that tends to decay.
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.
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.
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.
Shall mean a display of written, printed, or graphic matter
upon or affixed to the immediate container, not including the liners,
of any article.
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.
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.
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.
Shall mean one (1) of the persons who shall constitute the
Board of Health.
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.
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.
Shall mean a person licensed as such under the laws of the
State of New Jersey.
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.
Shall mean a duly authorized permit or license of the Board,
issued in accordance with this Code or the regulations of the Board.
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.
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.
Shall mean any establishment designated for the confinement
of dogs seized under the provision of this Code.
Shall mean, unless restricted or limited by the context to
either real or personal property, shall include both.
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.
Shall mean the person duly appointed as Registrar of Vital
Statistics by the Board.
Shall mean any regulations, whether general or special, which
the Board may lawfully adopt and issue.
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.
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.
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.
Shall mean the submerging of multi-use utensils in water
one hundred eighty (180° F.) degrees Fahrenheit for a period of
one (1) minute.
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.
Shall mean the New Jersey Public Health Council or Department
of Health or any successor agency thereto.
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:
[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:
[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]
[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:
[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:
[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]
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.
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;
[Ord. #4; 1973 Code § 130-274; New]
[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.
