Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § BH:1-1; Ord. No. 2-11; Ord. No. 12-11[1]]
The provisions of Chapter I of this Code concerning definitions, construction and severability shall apply to this Chapter 23, Board of Health Regulations.
[1]
Editor's Note: Pursuant to Ord. No. 12-11, the Keyport Board of Health established in Subsection 2-7.5, Chapter II, of the Revised General Ordinances of the Borough of Keyport was disestablished and its functions transferred to the Monmouth County Board of Health. In order to ensure the continued and uninterrupted validity, effectiveness and enforceability of the ordinances adopted by the former Board of Health it is necessary to formally adopt those ordinances and incorporate them into the Revised General Ordinances of the Borough of Keyport.
The Board of Health Chapters BH:1 through BH:8 (Sections BH:1-1 through BH:8-6) are designated as Chapter 23, Board of Health Regulations, and are redesignated as §§ 23-1 through 23-8.6 and are to remain in full force and effect.
[1972 Code § BH:1-2.1; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Any person violating any provision of this chapter shall, upon conviction, be liable to the provisions of Chapter 1, § 1-5, General penalty, of the Code of the Borough of Keyport, unless otherwise provided by the state statutes or the State Sanitary Code.
[1972 Code § BH:1-2.2; Ord. No. 2-11; Ord. No. 12-11]
Except as otherwise provided, each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate violation.
[1972 Code § BH:1-2.3; Ord. No. 2-11; Ord. No. 12-11]
All fees and penalties collected under any provision of this chapter shall be paid to the Borough Treasurer.
[Ord. No. 32-89; Ord. No. BH 92-1; Ord. No. 2-11; Ord. No. 12-11]
For review of plans needed in the construction or renovation of food establishments, public recreation bathing facilities or for development of subdivisions or where otherwise plan review is required by the Health Inspector, a fee of $100 will be collected.
[Ord. No. BH:94-2; Ord. No. 2-11; Ord. No. 12-11]
a. 
Marriage license: $28.
b. 
Certified copies: (marriage, birth, death): $5.
c. 
Copies, per page:
1. 
8 1/2 x 11 size: $0.05
2. 
8 1/2 x 14 size: $0.07
[1972 Code § BH:1-3; Ord. No. 2-11; Ord. No. 12-11]
There shall be, when appointed by the Governing Body, special health reporting officers who shall promptly report to the Governing Body every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The Police and Fire Officers of the Borough may be designated special health reporting officers of the health rules and regulations.
[1972 Code § BH:1-4; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one of the following powers without having to resort to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this Revision.
a. 
Power to Prevent the Sale of Food. The Health Officer may prohibit the importation into the Borough or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
b. 
Power to Seize and Destroy Unwholesome Food. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
c. 
Power to Declare Building Uninhabitable. The Health Officer may determine that a building is unfit for human habitation or use if he finds that conditions exist in the building which are dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings or other residents of the Borough. Such conditions may include the following (without limiting the generality of the foregoing): defects increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light, heat or sanitary facilities, dilapidation, disrepair, structural defects or uncleanliness.
d. 
Powers to Protect the General Health and Safety of the Public. Whenever the Health Officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply immediately. Hearing proceedings shall be as provided in Section 5-1 of the Revised General Ordinances.
e. 
Violation. It shall be unlawful for any person to occupy any building which has been deemed uninhabitable in the Borough. It shall also be unlawful for any person to refuse to comply with an order issued by the Health Officer under the provisions of this Code.
[Ord. No. 1-5-71; 1972 Code § BH:2-1; Ord. No. 2-11; Ord. No. 12-11]
A code regulating retail food establishments and food and beverage vending machines and fixing fees and penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
[Ord. No. 1-5-71; 1972 Code § BH:2-2; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
The code established and adopted by this section is described and commonly known as, New Jersey State Sanitary Code, Chapter 24 Sanitation in Retail Food Establishments and Food and Beverage Vending Machines. (N.J.A.C. 8:24-1 et seq.).
[Ord. No. 1-5-71; 1972 Code § BH:2-3; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Three copies of New Jersey State Sanitary Code, Chapter 24 Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file for the use and examination of the public.
[Ord. No. 465; 1972 Code § BH:7-8.4; Ord. No. BH:92-1; Ord. No. BH:94-1; Ord. No. BH:96-1; Ord. No. BH:97-2; Ord. No. 2-11; Ord. No. 12-11]
a. 
License Required. No person shall conduct a retail food establishment or vending machine as defined in and governed by the New Jersey State Sanitary Code, Chapter 24 Sanitation in Retail Food Establishments and Food and Beverages Vending Machines established by this section without first having procured a license from the Health Officer or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned New Jersey Sanitary Code, Chapter 24 Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.
b. 
Fee. The fees for licensure and reinspections of retail food establishments and food and beverage vending machines are fixed as follows:
1. 
Retail food establishments selling only prepackaged foods, $35 per year.
2. 
Restaurants, Luncheonettes, Taverns, Cafeterias.
Group
Seating Capacity
Annual Fee
(a)
Group I
1-50
$100
(b)
Group II
51-100
$200
(c)
Group III
101-200
$300
(d)
Group IV
Over 200
$400
3. 
Supermarkets.
(a)
Up to 1,000 square feet
$50
(b)
1,001 to 2,000 square feet
$80
(c)
2,001 to 3,000 square feet
$150
(d)
3,001 to 4,000 square feet
$200
(e)
4,001 to 6,000 square feet
$500
(f)
Over 6,000 square feet
$1,000
4. 
Miscellaneous.
(a) 
Take out food: $100.
(b) 
Soda fountains, snack bars, stands: $50.
(c) 
Mobile units (hot dog wagons, catering trucks, frozen dessert units): $250.
(1) 
The number of mobile unit licenses which may be issued under this subsection shall not exceed four licenses. However, seasonal mobile retail frozen dessert units (which operate only from April 1 to November 1 and which do not sell from a fixed location but utilize the public streets and thoroughfares) and mobile retail food establishments of the industrial catering type (which adhere to a routing schedule of fixed locations on private property, selling to the employees of those locations and not generally to the public), shall not be subject to the licensing restrictions in the number of licenses available as established in this paragraph b,4(c)(1).
(i) 
One additional mobile unit license shall be made available at the request of the Mayor and Council, as approved by the Health Officer, for use at the municipally-operated boat ramp facility (bottom of Broad Street). The fee for this additional license shall be $250. This license shall be operated ONLY on the municipal boat ramp facility property as designated by a lease issued to a vendor by the Borough of Keyport.
(2) 
The number of seasonal mobile frozen dessert licenses as described above, issued by the Borough of Keyport shall be two and issued in accordance with the provisions of this paragraph b4(c).
(3) 
Seasonal mobile retail frozen dessert units and industrial catering units as described in the categories above shall not be included by the Borough of Keyport when determining if all four mobile vendor licenses have been issued.
(4) 
Any licensee desiring to renew a mobile unit license shall apply for such renewal no later than December 1 of the year of issue. In the event said licensee shall not apply for such renewal by December 15th of the year of issue, such renewal shall not be issued to such licensee but shall be made available to any applicant on a first-come, first-serve basis.
(5) 
In the event that the mobile unit is not placed into service at the time that the license is applied for, the licensee will receive a letter of certification stating that a license has been reserved. The license will be issued by the Health Officer upon the finding that the unit is in substantial compliance with existing regulations and has received a "Satisfactory" inspection rating prior to operation. License fees are nonrefundable.
(6) 
Any license(s) reserved under the provisions of the previous paragraph and not issued by May 15 of the current year or the reserved license of any applicant who has been denied a mercantile/peddlers permit by the Borough of Keyport shall be considered abandoned.
(7) 
Such license(s) shall then be issued on a first-come, first-serve basis.
(8) 
Each licensee for a mobile food establishment shall display the license and affix same conspicuously on the pushcart, vehicle or unit.
(9) 
No person shall hold more than one mobile food establishment license nor have any interest directly or indirectly in any other mobile food establishment license.
(10) 
No mobile food establishment shall operate upon private property without the permission of the owner or person in control or possession of said private property and such permission shall be submitted in writing at the time of the application.
(11) 
In addition to the penalties set forth herein, any person operating a mobile food establishment who violates any provisions of this paragraph b,4(c), the vehicle, cart, or establishment which is being operated as such, shall be impounded by either the Police Department or the Health Officer; as the case may be. In the event any such establishment is impounded, the vehicle, or establishment may be redeemed by the person upon payment of the cost of impounding and the storage charges established by the Police Department. Said storage charge and cost of impounding shall be the same as are established for the impounding of motor vehicles.
(12) 
The requirements of this paragraph b4(c) are in addition to any and all requirements of the Borough of Keyport as set forth in the Revised General Ordinances of the Borough of Keyport, Chapter 5, Section 5-4, Peddlers, Hawkers, Vendors, Solicitors, Canvassers.
(d) 
Vending machines.
Nonfood
$100
Food
$100
25-cent machine
$25
(e) 
Child care centers (licensed in accordance with N.J.A.C. 10:122 DYFS Child Care Regulations): $35.
5. 
Food Handling Permits — Temporary.
(a) 
For an applicant who holds a current and valid retail food establishment license issued by the Health Officer, other than category Subsection 23-2.4b4(c), Mobile units, and Subsection 23-2.4b4(d), Vending machines: no fee.
(b) 
For an applicant who does not hold a current and valid retail food establishment license as specified above in paragraph 5(a), the fee shall be established as follows:
1 day
$15
2 days
$25
3 days
$35
4 to 10 days
$50
Temporary food handling permits shall be specific for the event intended and may not be used for any other event or purpose.
Temporary food handling permits shall be date specific and shall not be refundable or transferable.
6. 
School cafeterias and nonprofit.
Annual fee:
no fee
Temporary permits:
no fee
7. 
Reinspection fee. The fee for reinspection of a food establishment or vending machine, due to a conditional satisfactory or unsatisfactory inspection shall be $100 added to the license fee for that establishment.
c. 
Suspension or revocation. Any license issued under the terms and provisions of this section may be suspended or revoked by the Health Officer for the violation by the licensee of any provisions of this section or the New Jersey State Sanitary Code, Chapter 24 Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, or whenever it appears that the business, trade, calling, profession, or occupation of the person to whom the license was issued is conducted in a disorderly or improper manner, or in violation of any law of the United States, the State of New Jersey, or any ordinance of the Borough, or that the person conducting the retail food establishment or vending machine operation is of unfit character to conduct the same, or that the purpose for which the license has been issued is being abused to the detriment of the public or is being used for a purpose foreign to that for which the license was issued.
A license issued under the terms and provisions of this section shall not be revoked, cancelled or suspended until a hearing is held by the __________. Written notice of the time and place of such hearing shall be served upon the licensee at least three days prior to the date set for such hearing in accordance with the provisions of Section 5-1 of the Revised General Ordinances. At the hearing before the __________ the person aggrieved shall have an opportunity to answer and may thereafter be heard, and upon due consideration and deliberation by the __________, the complaint may be dismissed, or if the Governing Body concludes that the charges have been sustained and substantiated, it may revoke, cancel or suspend the license held by the licensee. If any license is revoked, neither the holder nor any person acting for him, directly or indirectly shall be entitled to another license to carry on the same business within the Borough unless the application for the license is approved by the Board of Health.
d. 
Food Handlers' Educational Program, Prior Renewal Requirement. In the event that the Health Officer shall present a food handlers' education program, during any year, attendance at such, or a comparable course which has been approved by the Health Officer, by the licensee, proprietor, manager, assistant manager, or other person in charge of a retail food establishment, shall be required prior to the renewal of any license.
e. 
Applicability. No provision of this section shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the State or Federal government.
[Ord. No. BH:01-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Scope and purpose. The scope and purpose of this section is to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils, and greases into the sanitary sewer system of the Borough from nonresidential, retail food preparation and serving facilities.
b. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GREASE
An organic foodstuff component and/or byproduct from the preparation thereof, which is viscous at room temperature and nonwater soluble, and commonly referred to as fat, oil or grease.
GREASE TRAP
A device for intercepting, separating and retaining waterborne grease prior to the wastewater exiting the device and entering the sanitary sewer system of the Borough.
RETAIL FOOD ESTABLISHMENT
Any retail or commercial facility, connected to the Borough sanitary sewer system, primarily or regularly engaged in the activity of preparing, serving, or otherwise making available for consumption of foodstuffs, and that uses one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activities that produce a hot, nondrinkable food product in or on a receptacle that requires washing.
c. 
Installation, maintenance and annual inspection of grease traps; records; restrictions.
[Amended 6-20-2017 by Ord. No. 6-17]
1. 
Installation. A retail food establishment shall install a grease trap, capable of preventing discernible accumulations of grease in the sanitary sewer system of the Borough and/or connecting wastewater lines from said establishment, the specifications of which are set forth in Subsection 23-2.5d below. The specifications, installation and repair of all grease traps shall be approved by the Plumbing Subcode Official of the Borough, in accordance with the requirements of the New Jersey Uniform Construction Code and Chapter 12, Building and Housing, of the Code of the Borough of Keyport.
2. 
Maintenance/records. Retail food establishments shall establish a grease trap maintenance schedule based upon the size and nature of the individual operation. That schedule shall be of sufficient frequency to prevent the trap from becoming overloaded with grease and solids and shall prevent the discharge of grease and solids into the downstream piping and municipal sewer system. A retail food establishment shall clean its grease trap(s) and properly dispose of any grease removed therefrom at least once every three calendar months. All waste material from grease traps shall be disposed of in a proper manner by properly licensed contractors. Retail food establishments shall maintain records of said actions for a period of at least three years for the purpose of inspection thereof by the Borough.
3. 
Annual inspection/report. On or before April 1 of each calendar year, a retail food establishment shall employ a licensed plumber, at its own expense, to conduct an annual inspection of its grease trap(s) and connecting wastewater lines to ensure that grease is being adequately removed from the wastewater being discharged into the sewer system. The licensed plumber conducting the inspection shall provide an inspection report to the retail food establishment within three weeks of said inspection. This inspection report shall contain the licensed plumber's observations with regard to the efficiency of the grease trap, the amount of grease found in the connecting wastewater lines and the maintenance and efficiency of the grease trap (with particular attention given to whether the grease trap needs replacement or increased capacity). The retail food establishment shall forward a copy of this inspection report to the Borough of Keyport within one week of receipt.
4. 
Surfactants/emulsifiers. The use or continued use of any surfactants, emulsifier or other such additive or chemical by any retail food establishment for the purpose of, or having the effect of, allowing grease to bypass a grease trap is prohibited by the Borough where consistent with the purposes of this section.
d. 
Specifications. The specifications for grease traps set forth in the National Standard Plumbing Code of 2009, as adopted and amended by the New Jersey Uniform Construction Code shall generally apply to all grease traps installed and maintained in accordance with paragraph c. of this subsection.
1. 
Accessibility. Each grease trap shall be so installed so as to provide unimpeded access for removal of cover, servicing and maintenance. The need for use of a ladder or the moving of bulky objects in order to access a grease trap shall constitute a violation of this subsection 23-2.5 of this chapter.
2. 
Approval of Specifications. The specifications, including design and capacity, of each grease trap shall be approved by the Plumbing Subcode Official of the Borough.
e. 
Inspections.
1. 
Generally. In consideration for continued use of its sanitary sewer system, the Borough shall have the right to periodically conduct routine inspections of the grease traps of any retail food establishment at all reasonable hours. During such inspections, the Borough shall have the right to inspect (i) any food preparation areas, (ii) any records maintained pursuant to this subsection, (iii) all grease traps which shall be opened upon request, and (iv) all wastewater lines from the retail food establishment to the sanitary sewer system, which may be accomplished by use of a line camera or other appropriate method.
2. 
Blockage. Whenever the Borough discovers a blockage of the sanitary sewer system caused by grease, the Borough shall have the right to conduct an inspection of any retail food establishment in the vicinity of said blockage in accordance with paragraph e, 1 above, of this subsection, without regard to any prior or recent inspection(s) thereof.
3. 
Violation discovered. If, during an inspection, the Borough discovers a violation of this section, the Borough shall notify the owner and/or operator of the retail food establishment of the nature of the violation as soon as reasonably possible and, in its discretion, issue (i) a summons in accordance with the penalty provision set forth herein or (ii) a notice to the owner and/or operator for the correction of the violation within or up to seven calendar days thereof. If the violation is not corrected within such time, the Borough shall issue a summons in accordance with the penalty provision.
[Amended 6-20-2017 by Ord. No. 6-17]
f. 
Penalties.
1. 
Fine for Noncompliance. Any retail food establishment that violates any of the provisions of this section is subject to the general penalty provision set forth in subsection 23-1.2 for each violation. Each day during which a violation occurs or persists shall constitute a separate violation.
2. 
Cost of Repair or Loss. Any retail food establishment that violates any of the provisions of this subsection shall become liable to the Borough for any expense, loss or damage occasioned by the Borough by reason of such violation, including the cost of repairing or restoring any sanitary sewer damaged by such violation.
3. 
Attorneys' Fees. In addition to the above penalties, any cost incurred by the Borough, including reasonable attorneys' fees, in seeking to enforce this section, shall be added to any amount accessed under paragraphs f,1 and f,2 above.
g. 
Enforcement.
1. 
Generally. Except as where otherwise provided, the Health Officer, his designated representative(s), and/or any persons so designated by the Mayor and Borough Council shall have the authority to enforce the terms of this section and to perform all duties described herein on behalf of the Borough.
2. 
Related Authorities. Nothing contained herein shall limit the authority of the Superintendent of Public Works and others so designated to enter the premises of any retail food establishment at all reasonable hours for the purposes of inspecting any water or sewer connection or service equipment in accordance with Revised General Ordinance subsection 14-2.4c, nor limit the authority of the Borough to assess penalties pursuant to Revised General Ordinances Section 1-5 and subsection 14-2.17 for any discharge of grease into the sanitary sewer system in violation of Revised General Ordinance subsection 14-2.13.
[1]
Editor's Note: Former Chapter BH:III, Garbage Collection and Recycling Regulations, was repealed by Ordinance No. 21-11. See now Code Sections 16-5 and 16-6.
Note: See also N.J.S.A. Title 4, Agriculture and Domestic Animals.
[1972 Code § BH:9-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Definitions. As used in this section:
CAT
Any cat, male or female, spayed or not.
DOG
Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
DOMESTIC ANIMAL
Includes those animals which are tame by nature, or from time immemorial have been accustomed to the association of man, or by his industry, have been subjected to his will, and have no disposition to escape his dominion, and for the purposes of this section, animals hereinafter described as farm animals shall be excepted from this designation.
FARM ANIMAL
Those domesticated animals which have historically been used in, by or for the production of agricultural income or products and which are generally assumed by prevailing community standards to be associated with farm or agricultural uses. "Farm animals" shall refer to sheep, chickens, goats, swine, horses, cows or animals of like or similar nature.
KEEPER
Any person exercising control over a dog or permitting a dog to remain on premises under his control.
KENNEL
Any establishment where the business of boarding, selling or breeding dogs for sale is carried on, except a pet shop.
OWNER WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG
Includes every person having a right of property in the dog and every person who has a dog in his keeping.
PERSON
As used herein shall be construed to mean an individual, firm, partnership, corporation, voluntary association or an incorporated association.
PET SHOP
Any room or group of rooms, cage or exhibition pen not a kennel wherein animals are displayed for sale.
PLACE
Deemed and taken to mean any plot, lot or other premises, house, garage, barn or other building of any kind whatsoever.
POUND
That establishment contracted by the Borough or Animal Control Officer for the confinement of dogs or cats seized under the provisions of this section.
REGISTERED
That any wild animal under the control of an owner or a keeper must be on file with the Secretary to the Board of Health to include owner or keeper's name, address at which wild animal is kept, and animal's type and description.
SHELTER
The temporary quarters in the Borough which shall contain all animals seized under the provision of this section, or otherwise, until the animal so seized shall be removed to the pound.
VICIOUS DOG
Any dog which has been declared by a Municipal Court Judge to be a vicious dog which has attacked or bitten any human being, or which habitually attacks other dogs or domestic animals.
WILD ANIMAL
Includes those animals wild by nature, which because of habitat, mode of life or natural instinct, are incapable of being completely domesticated, and require the exercise of art, force or skill to keep them in subjection.
b. 
Animals Permitted, Restricted or Banned.
1. 
It shall be unlawful for any person to own, harbor, keep or maintain any pigeons, sheep, fowl, horse, cattle, goat, swine, poultry or other domestic, farm or wild animal within the limits of the Borough except in conformity to the rules and regulations hereinafter established. The following traditional housepets, including but not limited to cats, dogs, caged birds, guinea pigs, and hamsters are permitted within the Borough.
2. 
Animals restricted.
(a) 
Farm animals as defined, with the exception of female chickens kept in accordance with § 23-4A of this chapter.
[Amended 12-18-2012 by Ord. No. 22-12]
(b) 
Pigeons.
3. 
Wild animals must be registered with the Board of Health Secretary within the month of January. All wild animals must be confined in a suitable pen or enclosure. Any wild animal deemed by the Health Inspector to be a threat to any individual shall be banned from the Borough.
[Ord. No. 350; BH Ord. No. 4-7-70; 1972 Code § BH:9-2; BH Ord. No. 12-2-80; Ord. No. 12-82; BH Ord. No. 92-1; BH Ord. No. 2000-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
License Required. Licenses shall be required for the following dogs and cats of licensing age:
1. 
Any dog and cat owned or kept within the Borough by a resident of the Borough on January 1 of any calendar year.
2. 
Any dog and cat acquired by any person during the course of any calendar year and kept within the Borough for more than 10 days after acquisition.
3. 
Any dog or cat of licensing age during the course of the calendar year.
4. 
Any unlicensed dog and cat brought into the Borough by any person and kept within the Borough for more than 10 days.
5. 
Any dog and cat licensed by another state brought into the Borough by any person and kept within the Borough for more than 90 days.
6. 
Required Rabies Inoculation. All dogs and cats kept in the Borough are required to be inoculated against rabies by a licensed veterinarian every three years.
Proof of such inoculation shall be presented upon application for a new dog or cat license, or application for renewal of a dog or cat license.
b. 
Application for License. Each application for a license under this section shall give the following information:
1. 
General description of the dog and cat sought to be licensed, including breed, sex, age, color and markings, and whether the dog and cat is of a long or short-haired variety.
2. 
Name, street and post office address of the owner of and of the person who shall keep or harbor the dog and cat.
Registration numbers shall be issued in the order in which applications are received.
c. 
Application for License, When Made. Applications for licenses for dogs and cats which are required to be licensed by the provisions of subsection 23-4.2a,1 shall be made before February 1 of each calendar year. In all other cases, the application for a license shall be made at the time the dog and cat in question first become subject to the provisions of this section.
d. 
License Record. The information on all applicants under this section and the registration number issued to each licensed dog and cat shall be preserved for a period of three years by the Secretary of the Board of Health. In addition, he shall forward similar information to the State Department of Health each month on forms furnished by the Department.
e. 
Fees. The person applying for a dog or cat license shall pay a fee of $7 for each dog or cat, plus $1 for the registration tag and $0.20 for the State Pilot Clinic Fund or a three year fee of $21, plus $3 for the registration tag and $0.20 for the State Pilot Clinic Fund. The same fees shall be charged for the annual renewal of each license and registration tag. The owner of any dog or cat may, if the license tag is mislaid, stolen or lost, procure a duplicate tag upon the payment of an additional $1. There is an additional fee of $3 per animal for any animal which is not spayed or neutered.
f. 
Expiration Date. Each dog and cat license and registration tag shall expire on January 31 of the calendar year following the calendar year in which it was issued. A late fee of $15 will be added to licenses which are applied for after February 15 of each year.
g. 
Exceptions. The provisions of this subsection shall not apply to any dogs used as guides for blind persons and commonly known as seeing eye dogs. Such dogs shall be licensed in the same manner as other dogs, except that the owner or keeper shall not be required to pay any fee.
h. 
Limitation on number of dogs and cats as pets.
[Amended 12-18-2012 by Ord. No. 24-12]
1. 
No person shall own, harbor, maintain or feed more than three dogs in or about any one residence or other structure or property owned or controlled by that person.
2. 
No person shall own, harbor, maintain or feed more than five cats in or about any one residence or other structure or property owned or controlled by that person, unless in compliance with a Trap, Neuter and Return (TNR) Program established in accordance with § 23-4B of this chapter. This requirement extends to premises not owned or controlled by the caregiver as defined in § 23-4B but which is utilized by the caregiver, whether or not with express or official license to provide food, water, shelter or other care for cats.
[Ord. No. 12-11]
a. 
Prohibited. No kennels, shelters or pounds will be operated or maintained within the Borough.
[1972 Code § BH:9-4; Ord. No. 12-82; Ord. No. 2-11; Ord. No. 12-11]
License fees and other moneys collected or received under the provisions of this section, except registration tag fees, shall be forwarded to the Borough Treasurer within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the Borough. The moneys shall be used for the following purposes only: collecting, keeping and disposing of dogs liable to seizure under this section, local prevention and control of rabies; all other purposes prescribed by the statutes of New Jersey governing the subject; and the administration of the provisions of this section. Any unexpended balance remaining in the special account shall be retained therein until the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from the special account to the general funds of the Borough any amount then in the account which is in excess of the total amount paid in during the last two fiscal years next preceding.
The registration tag fee of $1 for each dog shall be forwarded within 30 days after collection by the Secretary of the Board of Health to the State Department of Health.
[1972 Code § BH:9-5; Ord. No. 12-82; Ord. No. 2-11; Ord. No. 12-11]
a. 
Complaint; Investigation; Report. It shall be the duty of the Health Officer, or the Police Department or the Animal Control Officer to receive and investigate complaints against dogs. If they deem any animal complaint to be a vicious animal, they shall report their findings to the Municipal Court Judge.
b. 
Notice, hearing. The Municipal Court Judge shall notify the owner or keeper of an allegedly vicious dog, in writing, that a complaint has been made and shall require the person to appear before him at a stated time and place for a hearing. The Judge shall conduct the hearing in the same manner as he would conduct the trial of a criminal case. If the Judge decides that the dog complained of is a vicious dog, he shall so notify the owner or keeper of the dog.
c. 
Control of Vicious Dog. No person owning or keeping a vicious dog shall permit the dog to be off the property of the owner or keeper without being securely muzzled.
[BH Ord. No. 4-7-70; 1972 Code § BH:9-6; Ord. No. 10-79; Ord. No. 2-11; Ord. No. 12-11]
a. 
Causes for Impounding. The Animal Control Officer shall take into custody and impound, or cause to be taken into custody and impounded, any of the following animals:
1. 
Any unlicensed dog or cat running at large in violation of the provisions of this section.
2. 
Any dog or cat off the premises of the owner of or of the person keeping or harboring the dog or cat which the Animal Control Officer or his agent has reason to believe is a stray animal.
3. 
Any dog or cat off the premises of the owner of or of the person keeping or harboring the dog or cat without a current registration tag on its collar.
4. 
Any animal which has been determined to be a vicious animal as provided in subsection 23-4.5 or which in the judgment of the Animal Control Officer of the Borough is considered to be dangerous and a threat to humans or other animal life or property, and provided further that if such animal cannot be seized with safety, it may be killed. Any animal having a record of biting a person or any other animal, shall be deemed dangerous on the second offense, except when he is attacked or is properly confined in or upon the owner's property.
b. 
Access to Premises. Any officer or agent authorized or empowered to perform any duty under this section is hereby authorized to go on any premises to seize for impounding any animal which he may lawfully seize and impound when the officer is in immediate pursuit of the animal, except on the premises of the owner of the animal if the owner is present and forbids it.
c. 
Notice of Seizure. If any dog or cat so impounded or seized wears a registration tag, collar, harness or microchip showing the name and address of any person, or if the owner of or the person keeping or harboring the dog or cat is known, the Animal Control Officer shall immediately serve on the person whose address is given on the collar, harness or microchip, or on the person owning, keeping or harboring the dog or cat, a written notice stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven days after serving of the notice. A summons shall be served for allowing a dog or cat to run at large.
The notice and summons under this subsection may be served either by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of abode or at the address given on the collar, or by forwarding it by mail in a prepaid letter addressed to that person at his usual or last-known place of abode or to the address given on the collar.
d. 
Disposition of Unclaimed Dogs or Cats. The Animal Control Officer is authorized and empowered to cause the destruction of any unclaimed dog or cat, in as humane a manner as possible, under the following contingencies:
1. 
When any dog or cat so seized has not been claimed by the person owning, keeping or harboring the dog or cat within seven days after notice or within seven days of the dog or cat's detention when notice has not been or cannot be given, as set forth in the previous subsection.
2. 
If the person owning, keeping or harboring any dog or cat so seized has not claimed the dog or cat and has not paid all expenses incurred by reason of its detention.
3. 
If the seized dog or cat is unlicensed at the time of its seizure and the person owning, keeping or harboring the dog or cat has not produced a license and registration tag as provided in this section, the dog or cat shall not be released until proper licensing is established for that dog or cat.
[BH Ord. No. 4-7-70; 1972 Code § BH:9-7; Ord. No. 10-79; Ord. No. 2-11; Ord. No. 12-11]
a. 
Wearing of Registration Tags. All dogs and cats which are required by the provisions of this section to be licensed shall wear a collar or harness with the registration tag for the dog or cat securely fastened thereto.
b. 
Use of Registration Tags. No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog or cat without the consent of the owner, nor shall any person attach a registration tag to a dog or cat for which it was not issued.
c. 
Interference with Official Duties. No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
d. 
Disturbing the Peace. No person shall own, keep, harbor or maintain any animal which disturbs the peace and quiet of the neighborhood by barking, making other loud or unusual noises, for an unreasonable length of time, or by running through or across cultivated gardens or property.
e. 
Running at large. No person, keeping or harboring any animal shall permit it to run at large at any time in the Borough.
f. 
Leashing Dogs and Cats. No person owning, keeping or harboring any dog or cat shall permit it to be upon the public streets or in any of the public places of the Borough unless such dog or cat is accompanied by a person capable of controlling such animal and it is securely confined and controlled by an adequate leash of not more than six feet long.
g. 
Property Damage. No person owning, keeping or harboring an animal shall permit it to soil or defile, do any injury to or do any damage to any lawn, shrubbery, flowers, grounds, trees or property.
h. 
Nuisances on Private or Public Property.
1. 
Prohibited. No person owning or in charge of any animal shall cause or allow such animal to soil, defile, defecate on, or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or, upon any public property whatsoever, or upon any private property, without the permission of the owner of such property.
2. 
Removal by Owner. Any person owning or in charge of any animal which soils, defiles, defecates on, or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property, shall immediately remove in a sanitary manner all feces deposited by any such animal.
3. 
Disposal. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any animal in a sealed, nonabsorbent, leak-proof container.
4. 
Exemption. The provisions of this paragraph h. shall not apply to blind persons who may use dogs as guides.
[1972 Code § BH:9-8; Ord. No. 12-82; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Where it has been determined by a physician that a person has been bitten by an animal, the individual, or his parent or guardian if he is a minor, shall immediately notify the Police Department and the Health Officer. When the owner or keeper of any animal is notified by the Police Department that the animal has bitten any individual, the owner or keeper of the animal shall comply with the following procedures:
a. 
Have the animal examined by a licensed veterinarian within 12 hours, as required by the Health Officer.
b. 
Have the animal kept in quarantine in the owner's home or at a kennel for a period of 10 days.
c. 
At the end of the 10 days have the animal reexamined by a veterinarian and a written report of the animal's state of health sent to the Board of Health Secretary.
[BH Ord. No. 4-7-70; 1972 Code § BH:9-10; Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
The Mayor and Borough Council shall have the power to appoint or contract an Animal Control Officer whose duty it shall be to enforce the provisions of this section. The Animal Control Officer shall submit to the Mayor and Council each month a report of impounded dogs and cats.
[Amended 12-18-2012 by Ord. No. 22-12]
Notwithstanding any provision of § 23-9 to the contrary, any person who violates or who fails to comply with § 23-4.2 or 23-4A of this chapter shall be liable for a penalty of not less than $50 nor more than $100 for each offense, except that for the first offense, the penalty shall be not less than $25 nor more than $50. For any other violations of this chapter, the general penalty clause of § 23-1.2 shall apply.
[Added 12-18-2012 by Ord. No. 22-12]
The purpose of this § 23-4A is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while creating standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. As used herein, the term "chicken" shall only refer to female chickens, also known as hens. Male chickens (e.g., roosters) are not permitted.
[Added 12-18-2012 by Ord. No. 22-12]
a. 
An annual permit from the Secretary of the Board of Health is required for the keeping of any domesticated chickens. The annual permit is personal to the permittee and may not be assigned.
b. 
The fee for an annual permit to keep chickens is $50. The fee for a renewal of an annual permit shall be $10.
c. 
An applicant for a permit to keep chickens must demonstrate compliance with the criteria and standards in this § 23-4A in order to obtain a permit.
d. 
The application for a permit shall be submitted to the Secretary of the Board of Health.
e. 
If the applicant resides in a two-family dwelling or a multifamily dwelling (other than a condominium or apartment building), the application shall indicate the consent of the owner or landlord and all residents of the subject dwelling.
f. 
If the applicant resides in a condominium or apartment building, the application shall indicate the consent of the landlord, co-op association or condominium association.
[Added 12-18-2012 by Ord. No. 22-12]
a. 
The maximum number of chickens allowed is six per residential lot regardless of how many dwelling units are on the lot. In the case of multifamily dwellings, any landlord, co-op association or condominium associations shall have the right to ban or permit the keeping of chickens, but in no event shall the number of chickens permitted exceed six per building or lot.
b. 
Only female chickens are allowed; roosters are not permitted. There is no restriction on breed of chicken.
[Added 12-18-2012 by Ord. No. 22-12]
a. 
Chickens shall be kept for personal use only.
b. 
No person shall sell eggs, or engage in chicken breeding, slaughtering or fertilizer production for commercial purposes.
c. 
Chickens may not be slaughtered on any outdoor property in the Borough of Keyport.
[Added 12-18-2012 by Ord. No. 22-12]
a. 
Chickens must be kept in an enclosure or backyard fenced area at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The enclosure must provide adequate sun and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats. The larger fenced area must only be sufficiently secure to ensure that the chickens cannot escape its confines.
b. 
Chickens shall be secured within a henhouse during non-daylight hours. The henhouse must be a structural component of the larger enclosure or fully enclosed therein. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well-maintained.
c. 
Henhouses shall be kept no less than 25 feet away from any dwelling located upon an adjoining lot and not less than 10 feet away from any property line. Henhouses shall not exceed 30 square feet in size and may be freestanding.
d. 
Henhouses shall only be located in rear yards where a primary residence exists on the property. No part of the enclosure and henhouse may be located in a front or side yard. For a corner lot or other property where no rear yard exists, these facilities shall be not be located any closer to a public street than the primary residence. Henhouses are not allowed to be located in any part of a dwelling. Chickens are not allowed to be kept in any part of a dwelling or an attached or detached garage or other accessory structure.
[Added 12-18-2012 by Ord. No. 22-12]
a. 
Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
b. 
Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.
c. 
Any resident adversely impacted from such odors and noise may file a written complaint with the Monmouth County Board of Health. The Monmouth County Board of Health may take such action as it deems appropriate. The Mayor and Council may also make a determination as to whether the subject permit should be revoked in accordance with Subsection 23-4A.12 below.
[Added 12-18-2012 by Ord. No. 22-12]
Only motion-activated lighting may be used to light the exterior of the henhouse.
[Added 12-18-2012 by Ord. No. 22-12]
A permittee shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens that are infested, diseased or having any other condition that presents a risk to human health and/or safety must be removed promptly by the permittee. If a chicken dies, it must be disposed of promptly in a sanitary manner.
[Added 12-18-2012 by Ord. No. 22-12]
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.
[Added 12-18-2012 by Ord. No. 22-12]
The henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Accumulated droppings or manure must be regularly removed. All stored manure shall be covered by a fully enclosed container or compost bin. Uneaten feed shall be removed in a timely manner.
[Added 12-18-2012 by Ord. No. 22-12]
The County Board of Health and its designated Animal Warden shall have the authority and duty to enforce this § 23-4A.
a. 
Violations. Any violation of this § 23-4A shall be subject to the fines set forth in § 23-4.10. Each day a violation continues shall constitute a separate offense. Any violation of this § 23-4A may be enforceable by injunction or other action available at law. The County Board of Health and its designated Animal Warden shall retain the right to inspect any property to determine whether a violation has been corrected.
b. 
Removal. The County Board of Health or Animal Warden may order the removal of the chickens and the chicken-related structures, as appropriate, to redress a violation of this § 23-4A. The County Board of Health or Animal Warden may also order the removal of any or all chickens upon a determination that the chicken(s) pose a risk to human health and/or safety, are subject to unsanitary or unsafe conditions, or are subject to mistreatment, neglect and/or abuse.
[Added 12-18-2012 by Ord. No. 22-12]
Notwithstanding the provisions of Subsection 23-4A.11 above, a permit may be revoked by the Mayor and Council in its sole discretion without reimbursement of any fee for (a) any misrepresentation on a permit application, (b) any violation of the provisions of this § 23-4A (including Subsection 23-4A.6) or other ordinance or regulation of the Borough of Keyport, and failure to correct said violation upon reinspection, or (c) where there is a risk to public health, safety or welfare. Any revocation or suspension pursuant to this section may be appealed as provided by law.
[Added 12-18-2012 by Ord. No. 24-12]
a. 
Feral cats are members of the same species as the domestic or house cat but are not socialized to humans and are not generally adoptable. They typically live in groups called colonies. Feral cats can create nuisances to humans by getting into trash, defecating or urinating in gardens or other cultivated plants, and engaging in fighting, vocalizing or other annoying or apparently threatening behavior. Feral cats also constitute the vast majority of domestic animal rabies cases, though the possibility of transmission of rabies to humans is minimal because feral cats typically avoid contact with humans.
b. 
Because feral cats cannot usually be socialized to live with humans, they are not adoptable as pets. Virtually all feral cats in an animal shelter will be euthanized. However, this is not an effective way to manage a local feral cat population, because feral cats removed from a neighborhood will quickly be replaced by other feral cats. The most effective way to manage a local feral cat population is to trap and neuter the feral cats. Mature feral cats who are wary of human contact can be returned to their habitat. Kittens and other cats amenable to socializing with humans can be kept and adopted as pets.
c. 
Feral cats that are trapped, neutered and then returned to their habitat, roam and fight less and generally engage in less behavior that is offensive or annoying to humans. Through this process, the feral cat population can be stabilized and a vacuum is not created which might otherwise draw in additional fertile feral cats. Eventually, the feral cat population may slowly decline through natural attrition provided that it is not reinforced by an immigration of other feral cats.
[Added 12-18-2012 by Ord. No. 24-12]
For the purposes of this section, the following terms shall have the meanings set forth herein:
ABANDONED
That an owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support for the cat.
ANIMAL CONTROL OFFICER
Any person employed, contracted or appointed by the Borough who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with New Jersey law and this Code.
CAT
Any animal of the species felis catus, also known as the domestic or house cat, and shall not refer to a member of any other feline species, be it tamed, domesticated or wild.
COLONY CAREGIVER
An individual designated hereunder to manage feral cat colonies and to provide for the needs of colony cats.
COLONY CAT
A feral cat or stray cat residing or congregating at a feral cat colony.
DOMESTIC CAT
A cat that is (or has been) socialized to humans and is appropriate as a companion for humans, and shall include house cats, domesticated cats and free roaming cats.
FERAL CAT
A cat that is not socialized to humans and which lives in a wild state.
FERAL CAT COLONY
A group of feral cats that congregates, more or less, as a unit to live in a wild state, though the colony may also include stray cats which are not feral.
OWNER
Any person(s) or legal entity which maintains a home in which food, water and shelter is provided to one or more cat(s).
RESCUE GROUP
An organization or collaboration of humans with at least one of its purposes being the adoption or placement of cats in homes with humans to serve as companion animals.
SPONSOR
An organization or collaboration of humans, whether a New Jersey nonprofit corporation or an unincorporated volunteer association, approved by the Mayor and Council to perform the duties set forth in Subsection 23-4B.4c.
STRAY CAT
A domestic or house cat that is regularly off the property of its owner or caregiver, is not under the control of its owner or caregiver, and is not regularly provided with food by its owner or caregiver.
TNR
Trap, neuter and return.
TNR PROGRAM
A program pursuant to which feral cats are trapped, neutered or spayed, vaccinated against rabies and returned to their respective feral cat colonies.
[Added 12-18-2012 by Ord. No. 24-12]
a. 
Owners of domestic cats shall provide appropriate and adequate food, water and shelter for their cats.
b. 
The owner of a domestic cat shall exercise reasonable care to guard against the cat creating a nuisance and shall be subject to the provisions of Subsection 23:4-7.
c. 
The owner of a sexually intact (not spayed or neutered) domestic cat shall not permit the cat to roam unsupervised or permit it to come in contact with other sexually intact cats.
d. 
An owner shall not abandon a domestic cat.
[Added 12-18-2012 by Ord. No. 24-12]
a. 
Feral cat colonies shall be permitted and individuals designated hereunder as colony caregivers shall be entitled to maintain them in accordance with the terms and conditions of this section, which establishes the TNR Program in the Borough of Keyport.
b. 
Each feral cat colony shall be managed under the supervision of a sponsor approved by the Mayor and Council.
c. 
It shall be the duty of the sponsor to:
1. 
Oversee and administer the TNR Program and to review and approve of colony caregivers.
2. 
Help resolve any complaints over the conduct of a colony caregiver or of colony cats.
3. 
Maintain records provided by colony caregivers on the size and location of the feral cat colonies as well as the vaccination and spay/neuter records of cats in the sponsor's feral cat colonies.
4. 
Report annually to the Borough on the following:
(a) 
Number of feral cat colonies in the Borough;
(b) 
Total number of colony cats estimated in each feral cat colony;
(c) 
Number of cats and kittens spayed and neutered pursuant to the TNR Program;
(d) 
Number of colony cats (including kittens) placed in permanent homes.
5. 
Register feral cat colonies as provided in Subsection 23-4B.4f.
6. 
Cooperate with the Animal Control Officer to ensure that colony cats are humanely captured, trapped, neutered/spayed, vaccinated and identified/marked for return to their respective feral cat colony.
7. 
Obtain and maintain liability insurance having limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate for all activities, actions and work performed pursuant to this section and the laws of the State of New Jersey, designating the Borough of Keyport as an additional named insured and providing an annual copy of the declaration of insurance and proof of payment of same.
d. 
With respect to each feral cat colony he/she manages, it shall be the duty of each colony caregiver to:
1. 
Register the feral cat colony with the sponsor;
2. 
Undertake steps to enable the vaccination of colony cats against rabies and update their vaccinations as required;
3. 
Undertake steps to enable the spaying/neutering of colony cats;
4. 
Provide the sponsor with descriptions of each colony cat and copies of any documents evidencing that the colony cats have been vaccinated and spayed/neutered;
5. 
Provide food, water and, if feasible, shelter for colony cats;
6. 
Observe the colony cats at least once per week (this duty may be alternated amongst colony caregivers) and record any illnesses or unusual behavior noted in any colony cats;
7. 
Obtain approval, in writing, of any property owner to which the colony caregiver requires access to manage the feral cat colony;
8. 
Take reasonable steps, in the event that kittens are born to a colony cat, to ensure the removal of the kittens from the feral cat colony after they have been weaned and the placement of the kittens in foster homes or with the sponsor or approved rescue group for subsequent permanent placement;
9. 
Report annually, in writing, to the sponsor on the status of the feral cat colony, including data on the number and gender of all colony cats, the number of colony cats that died or otherwise ceased being a part of the feral cat colony during the year, the number of kittens born to colony cats and their disposition and the number of colony cats and kittens placed in permanent homes as companion cats;
10. 
Obtain proper medical attention for any colony cat that appears to require it;
11. 
Take reasonable steps to prevent colony cats from creating a nuisance on or to adjacent properties;
12. 
Take reasonable steps to have electronic animal identification devices (EAID) implanted in colony cats by a veterinarian in accordance with professional medical standards, which shall identify each colony cat by number; and
13. 
Otherwise assist the sponsor in its administration of the TNR Program.
e. 
Disposition of colony cats after trapping. An Animal Control Officer or sponsor who has trapped a cat that has been marked or which bears some other distinguishing mark indicating that it belongs to a feral cat colony shall scan the cat for an EAID.
1. 
If an EAID is found, the Officer or sponsor shall return the cat to its feral cat colony or its owner, as applicable.
2. 
If an EAID is not found, then the Animal Control Officer or the sponsor shall return the cat to its known or to an appropriate feral cat colony after making arrangements to have the cat neutered/spayed, vaccinated and implanted with an EAID, as applicable and as funding allows. If the cat appears to be a domestic cat, the sponsor shall arrange for care for the cat until the owner is located.
3. 
In any instance in which the owner of a trapped domestic cat cannot be located, the sponsor will treat the cat as a stray cat with a seven-day holding period.
f. 
Registration of feral cat colonies. The sponsor shall register feral cat colonies maintained by colony caregivers. Feral cat colonies within the Borough that are not registered by the sponsor are not entitled to any of the benefits or protections set forth in this section. No feral cat colonies may be established except in accordance with this section. On an annual basis, the sponsor shall provide the Borough with a colony management plan setting forth all registered feral cat colonies with information on the number of cats, anticipated rate of attrition, anticipated length of the project, efforts to deter predation and to prevent immigration of cats into each feral cat colony. The list of registered feral cat colonies and the annual colony management plan shall be filed with the Secretary of the Board of Health and the Borough Clerk.
[Added 12-18-2012 by Ord. No. 24-12]
a. 
The Borough shall have the following rights:
1. 
The right to seize or remove cats from a feral cat colony that have not been vaccinated against rabies and which are demonstrating signs of the disease.
2. 
The right to seize or remove a cat from a feral cat colony that is creating a nuisance as described in Subsection 23-4B.1 above, after the colony caregiver and sponsor have first been given 30 days to remove and relocate the cat and have failed to do so.
3. 
The right to seize or remove a colony of cats when the colony caregiver regularly fails to comply with the requirements of this section and the sponsor has not been able to obtain a replacement or substitute colony caregiver within 30 days of the Borough's notice to the sponsor of the colony caregiver's failure to comply with this section.
b. 
The requirements of this section notwithstanding, Animal Control Officers and Borough police officers may investigate any nuisance complaint and may take such steps as are necessary to remediate the source of the complaint.
[Added 12-18-2012 by Ord. No. 24-12]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in § 1-5 of Chapter 1.
[1972 Code § BH:5-1; Ord. No. 2-11; Ord. No. 12-11]
A Code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Borough in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the Code is annexed to this section and made a part of it without the inclusion of the text.
[1972 Code § BH:5-2; Ord. No. 2-11; Ord. No. 12-11]
The Code established and adopted by this section is described and commonly known as the Public Health Nuisance Code of New Jersey (1953) and shall control except as follows where certain higher standards are established.
[1972 Code § BH:5-3; Ord. No. 2-11; Ord. No. 12-11]
Three copies of the Public Health Nuisance Code of New Jersey (1953) and amendments thereto have been placed on file in the office of the Board of Health Secretary for the use and examination of the public.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Section 3.1 of the Public Health Nuisance Code shall be amended as follows:
It shall be unlawful for the owner who has agreed to supply heat to any building designed to be occupied as a residence or a business to fail to supply heat from October 1 in each year to May 1 of the succeeding year in such manner that the temperature of the building shall be maintained at 68° F. or above between the hours of 6:00 a.m. and 11:00 p.m. and 65° F. between the hours of 11:00 p.m. and 6:00 a.m.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Section 3.2 of the Public Health Nuisance Code be established as follows:
It shall be unlawful for the owner of any building designed to be occupied as a residence to fail to provide water heating facilities which are installed and maintained in good and safe working condition connected with hot water lines and capable of delivering water at a minimum temperature of not less than 120° F. and at a maximum temperature of not more than 160° F. at all times in accordance with anticipated need.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
In case of mechanical failure, the owner of any building having three or more units, shall immediately notify the Health Officer or the Police Department of the Borough when the heat shall be below prescribed levels for two hours or more, and to specify the nature of the failure and measures which are to be taken for restoration of required heating services. The owner of the building shall exercise due care to insure compliance with these requirements.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
The owner of any building having three or more dwelling units shall have all heating and hot water furnace or boiler systems inspected by a qualified person, during the months of either June, July or August of every year. The findings of these inspections are to be certified by such person and a copy of these findings with recommendations are to be filed with the Board of Health Secretary within 15 days of each inspection. Whenever corrections or repairs are recommended, the Health Officer shall serve the owner of the heating or hot water facility notice to abate such condition within a specified time. Failure to make such corrections or repairs within the specified period shall be considered a violation of this section.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
A Code regulating and controlling the operation of public swimming pools, and other recreational bathing places such as bathing beaches, hot tubs, spas, and wading pools is established.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
The Code established and adopted by this section is described and commonly known as New Jersey State Sanitary Code Chapter IX, Public Recreational Bathing.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
Three copies of the New Jersey State Sanitary Code Chapter IX, Public Recreational Bathing have been placed on file in the office of the Secretary of the Board of Health in Borough Hall for the use and examination of the public.
[Ord. No. 32-89; Ord. No. 2-11; Ord. No. 12-11]
a. 
Required. No one shall operate a public recreational bathing facility until a permit has been issued by the Health Officer (not including swimming or wading pools established or maintained on any premises by any individual for his own use or guests of his household).
b. 
Fees and charges. The following fees and charges are herewith established:
1. 
The issuance or renewal of a permit to operate a public recreational bathing place: $100.
c. 
Expiration of permit. Permits issued for the operation of a public recreational bathing place shall expire annually on May 31 of each year and application for renewal thereof shall be submitted together with the required fee prior to May 1 of each year.
d. 
Denial and suspension of permits. Permits required by this section or Code may be denied or suspended by the Health Officer for failure to comply with this section or Code.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
As used in this section, the following terms shall have the meanings indicated:
HEALTH OFFICER
The administrative officer of the Borough of Keyport Health Department, and his or her authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and/or any other personal consumption use including but not limited to cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use, and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.
VENDING MACHINE
Any type of automated, self-service device which, upon the insertion of money, tokens or any other form of currency or payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Prohibition. It shall be unlawful for any person to sell, give or permit to be sold or given to a person under the age of 18 years of age, tobacco in any form.
b. 
Self-Service Display. Self-service cigarette displays are prohibited in all public and/or retail establishments.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Requirements. The following six inch by eight inch sign shall be posted in a conspicuous place near each point of sale clearly visible to anyone purchasing tobacco products which shall read as follows:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED BY LAW. A TOBACCO RETAILER MAY REQUIRE ANY PURCHASER OF TOBACCO PRODUCTS TO PRODUCE A PHOTO IDENTIFICATION PRIOR TO SALE, AND MAY REFUSE TO SELL SAID PRODUCT TO ANYONE WHO FAILS TO PRODUCE SAID IDENTIFICATION.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
It shall be unlawful for a tobacco retailer to offer for sale any tobacco product through a vending machine in the Borough, except in the following instances:
a. 
In any premises or portion thereof to which access by minors is expressly prohibited by law, or by the expressed policy of the owner of the premises, provided that the tobacco vending machine is:
1. 
Located fully within such premises or section of the premises from which minors are prohibited; and
2. 
Under the visual supervision of the tobacco retailer or his adult employee, so that all purchases from the machine are readily observable; and
3. 
Inaccessible to the public when the business is closed.
b. 
In any premises such as commercial buildings or industrial plants or portions thereof where the public is expressly prohibited and where such machines are strictly for the use of the employees therein; provided that the area must be designated as not open to the public, and where no minors are admitted.
c. 
In any premises or portion thereof where the principal use is for the retail sale of alcoholic beverages pursuant to the "New Jersey Alcoholic Beverage Control Act," N.J.S.A. 33:1-1 et seq., where access by persons under 18 years of age is prohibited by law, provided that the tobacco vending machine is:
1. 
Located fully within such premises or section of the premises from which minors are prohibited; and
2. 
Inaccessible to the public when the premises are closed.
d. 
In all other instances, locations and places, a tobacco vending machine shall be permitted to operate only if:
1. 
The operation of the machine is possible only by the activation of an electronic switch or other device which is controlled by a proprietor or employee and only after the proprietor or employee has made a determination that the person wishing to use the tobacco vending machine is 18 years of age or older.
e. 
The locking device shall be certified by the distributor, both at the time of installation and at six month intervals thereafter, as one which functions in a manner that assures that the cigarette vending machine is always in the "off" mode and when activated will allow the purchase of only one pack of cigarettes whenever the locking device is operated by the person controlling the switch or button.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Issuance of Summons. Whenever the Health Officer, or his designee, reasonably believes there exists a violation of this section, he may issue a summons and complaint not later than 90 days after discovery of the alleged violation.
b. 
Citizens' Complaints. Citizens may bring complaints against violators of this section.
c. 
Obstruction of Health Officer in Performance of Duties. It shall be unlawful for any person to oppose or otherwise obstruct a Health Officer or his designee in the performance of duties hereunder.
d. 
Unless otherwise provided by law, violators shall be subject to the penalty stated in Chapter I, Section 1-5, General Penalty.
[Ord. No. BH:95-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Seizure of Machine. A tobacco vending machine and its contents which is operated in violation under this section, may be seized, forfeited and disposed of in the same manner as other unlawful property seized pursuant to N.J.S.A. 2C:64-1 et seq. Within 60 days of such seizure, any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure. After 60 days, the machine shall become the property of the Borough and may be disposed of accordingly.
b. 
Alternative or Additional Penalties. As an alternative or in addition to the provisions of subsection 23-7.6a., any tobacco retailer who permits an unauthorized tobacco vending machine to remain on his premises may be fined $250 for each day that such unauthorized tobacco vending machine is permitted to remain at the premises.
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No. 12-11]
As used in this section, the following terms shall have the meanings indicated:
BODY PIERCER
One who engages in body piercing.
BODY PIERCING
Refers to the piercing of any portion of the human body for placement of any type of jewelry or any other ornamentation, other than ear lobe piercing.
CERTIFICATE OF INSPECTION
Written approval from the Health Officer or his authorized representative that said tattooing or body piercing establishment has been inspected and meets all of the terms of this section.
ESTABLISHMENT
The premises wherein tattooing or body piercing is performed.
HEALTH OFFICER
The Keyport Borough Health Officer or his authorized representative.
OPERATOR
Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing or body piercing is performed, and any individual who performs or practices the art of tattooing on the person of another.
PERSON
Any individual, corporation, partnership, sole proprietorship or other form of business entity which is created pursuant to Title 14 of the New Jersey Statutes. The term shall also include the term "operator" as defined above.
SANITIZE
Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the State Department of Health as being effective in destroying microorganisms, including pathogens.
SINGLE USE
Products or items that are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary covering, razors, needles, scalpel blades, stencils and ink cups.
STERILIZATION
Destruction of all forms of microbiotic life, including spores.
TATTOO ARTIST
One who engages in tattooing.
TATTOO, TATTOOED, or TATTOOING
Refers to any method of placing designs, letters, scrolls, figures, symbols or any marks under the skin with ink or any other substance resulting in the coloration of the skin, by the aid of needles or any other instruments designed to puncture the skin.
[Ord. No. BH:98-11; Ord. No. 2-11; Ord. No. 12-11]
a. 
It shall be unlawful for any person to engage in the business of operating an establishment where tattooing or body piercing is performed without first obtaining a license from the Borough of Keyport to engage in such business in accordance with the provisions hereof.
b. 
An application for an initial license shall be made to the Health Officer of the Borough accompanied by a fee in the amount of $300.
1. 
Application for licenses under this section shall be made to the Keyport Board of Health Secretary, in writing, upon such printed forms as the Borough shall prescribe and prepare. Such forms may be obtained from the Board of Health Secretary and shall be signed by the applicant and shall contain the following information:
(a) 
If an individual, the full name, age, sex, and residence address at the time of application.
(b) 
The location of the establishment for which a license is sought and the date upon which the Construction Official has approved that location for same.
(c) 
If a corporation, the full corporate name, the date and the state of incorporation, address of the place or places of business, the name and address of the registered agent and the name, address and age of any principal owning more than 10% of the stock.
(d) 
If a partnership, the information required by paragraph b,1(a) above for each partner and the name under which the business is being conducted.
(e) 
The educational and/or business experience of the applicant in the business or occupation for which the license is sought.
(f) 
The length of time that the applicant has been engaged in such business or occupation.
(g) 
Whether the applicant carries public liability insurance, and if so, the amount of said coverage and the company providing such liability insurance.
(h) 
Whether the applicant has ever been convicted of any criminal violation, the date, nature and disposition of such criminal charges, summons, complaint or indictment.
(i) 
Name, address and age of every person to be initially employed to conduct the service. This shall be a continuing obligation for licensees to update the list of employees.
2. 
An after care plan for each body site tattooed or pierced shall be developed by the operator and submitted to the Health Officer at the time of the license application.
3. 
Investigation and Issuance. Upon receipt of an application, the Board of Health Secretary will cause to be conducted an inquiry by the Police Department, Construction Official and any other department or agency of the Borough of Keyport or State of New Jersey to verify the information contained in the application. Such inquiry shall be designed to include the reputation, business responsibility, reliability, criminal background and motor vehicle license abstracts of the applicant and all persons having management or supervision. It shall further include an inquiry or investigation of the proposed location and items proposed to be sold or used in the business or enterprise of tattooing or body piercing.
4. 
The Health Officer or the Governing Body may deny an application where the investigation or inquiry demonstrates that:
(a) 
The information set forth in the application is incomplete or fraudulent;
(b) 
The applicant or any person conducting the business has been convicted of a crime or disorderly person offense which has not been expunged pursuant to N.J.S.A. 2C:52-1 et seq. or pardoned and which offense relates adversely to the business for which the license is sought. In this regard the Board of Health shall be guided by N.J.S.A. 2A:168A-2;
(c) 
The applicant has within 12 months of the application been convicted of the habitual use of drugs or intoxicating liquors;
(d) 
The business property and location do not comply with requirements for business use, as same are set forth by the Construction Official, and/or other departments or agencies of the Borough of Keyport.
5. 
License renewal; additional regulations.
(a) 
No license or renewal thereof granted under the provisions of this section shall be assignable or transferable. Any change of ownership shall require a new application and license with payment of fees.
(b) 
The renewal license fee for engaging in the business of operating an establishment subject to this section within the Borough of Keyport shall be $150. All licenses shall expire on the last day of May of each calendar year. All applications for renewal must be presented to the Board of Health Secretary in writing on forms prescribed by the Borough, prior to May 15 of each year.
(c) 
All establishments existing at the time of the enactment of this section will be considered renewal applications provided that they apply for renewal of said license within one month after the effective date of this section. That application shall include submission of information pursuant with paragraph b,1 and b,2. Establishments failing to apply within the specified time period will be considered new applicants and will be subject to the provision of paragraph b. of this subsection.
(d) 
All applicants shall comply with the provisions of this section, as well as all other applicable codes, regulations or laws. In addition, for all new construction or renovations of the tattoo or body piercing establishment, plans shall be submitted to and approved by the Health Officer.
(e) 
In the event that an applicant fails to qualify for a license under this section, the fee herein shall not be refunded.
(f) 
The license issued pursuant to this section shall be posted conspicuously in the place of business or location named therein.
(g) 
All establishments shall manage contaminated (body fluids) contact waste materials as medical waste pursuant to N.J.A.C. 7:26-3A.8. All establishments shall be licensed with the State of New Jersey as a medical waste generator, pursuant to N.J.A.C. 7:26-3A.8 prior to approval from the Borough.
(h) 
The number of licenses issued by the Borough of Keyport pursuant with this section shall be three. No person shall hold more than one license nor have any interest directly or indirectly in any other tattoo or body piercing establishment.
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Age. It shall be a violation of this section for anyone or any tattoo or body piercing business to tattoo or body pierce any individual under 18 years of age without authorization signed by the parent or legal guardian witnessed and attested to before a notary public. The operator shall be responsible for maintaining the original consent form and copies of all consent information for a period of two years beyond the recipient's 21st birthday. The operator shall obtain a copy of a photo ID of such individual being tattooed and/or pierced.
b. 
Each person wishing to receive a tattoo or body piercing must first apply to the operator on a form approved by the Health Officer. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavior modifying substance, the operator must refuse the applicant.
c. 
All records regarding tattoos or body piercing are to be maintained for a minimum of two years. Information required for each applicant referred to in paragraph b. is to include the name, age, date of birth, address and telephone number of the applicant as well as the name of the person who did the tattoo or body piercing, the design, location, ink lot number(s), if available and the date of the tattoo or type of body piercing done. All such records shall be open to the Health Officer upon demand.
d. 
At the time any tattoo and/or body piercing establishment shall cease doing business in the Borough of Keyport or changes its name or undergoes a change in management or ownership, all records described in paragraphs a., b., and c. above shall be turned over to the Board of Health Secretary.
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Each tattoo or body piercing facility shall have a bathroom accessible to the public and staff. Each bathroom shall be equipped with a commode and a sink, with the sink being connected to hot and cold running water. All fixtures shall be connected to an approved public or individual sewage disposal system. Soap and sanitary towels, or other approved hand drying devices, shall be available at the sink at all times. Common towels are prohibited. In addition to the above, each tattooing or body piercing cubicle or work station must be provided with a sink as described above. This area shall also be supplied with soap and appropriate hand drying facilities. Employee Handwashing Signs shall be posted in each bathroom.
b. 
The chair or seat reserved for the person receiving the tattoo or body piercing shall be a material that is smooth and easily cleanable and constructed of material that is nonabsorbent. Any surface on the chair that becomes exposed to blood or body fluids must be cleaned and sanitized prior to use by the next customer.
c. 
The work table or counter used by the tattoo artist or body piercer shall be smooth and easily cleanable and constructed of material that is nonabsorbent.
d. 
The walls in the tattooing and body piercing area shall be light colored, smooth and easily cleanable and constructed of a nonabsorbent material.
e. 
The floor in the tattooing or body piercing area shall be of durable material that is nonabsorbent and is smooth and easily cleanable. Floors shall be kept clean.
f. 
Lighting within the tattoo or body piercing area shall be adequate so as to provide a minimum of 100-foot candles in all areas.
g. 
The work area reserved for the application of the tattoo or body piercing shall be separated from other areas of the establishment by walls or durable partitions extending at least six feet in height and so designed to discourage any persons other than the customer, the tattoo artist or body piercer from being in the work area.
h. 
Any surfaces in the establishment that become exposed to blood or body fluids must be immediately cleaned and sanitized, utilizing a method approved by the Health Officer.
i. 
Products used in the cleaning, sanitizing and sterilizing procedures must be clearly marked and stored in an acceptable manner. Smaller working containers filled on site from larger containers must be clearly marked with the name of the product.
j. 
Proper waste receptacles shall be provided and waste shall be disposed of at appropriate intervals.
k. 
A utility room shall be provided for the cleaning, packaging and sterilization of equipment which is physically separated from the work area and waiting rooms. The design of this utility room shall be such as to create a flow from soiled to clean processing.
l. 
The use of alcoholic beverages and tobacco in any form while engaged in tattooing and/or body piercing procedures is prohibited. The use of tobacco shall be restricted to areas physically removed from tattoo/body piercing work areas.
m. 
The consumption of food or drink shall be prohibited in the tattoo/body piercing work areas of the parlor.
n. 
Only articles considered necessary to the routine operation and maintenance of the tattoo/body piercing work room operation shall be permitted in the tattoo parlor.
o. 
No birds, reptiles, amphibians, dogs, cats or other animal(s) shall be permitted in any area used for the conduct of tattooing and/or body piercing operations or in the immediate open, adjacent areas including the main waiting area and the public access to the toilet room, with the exception of animals utilized for the assistance of the disabled.
p. 
Effective measures shall be taken to protect the entrance into the parlor and the breeding or presence on the premises of insects and rodents.
1. 
Anyone using pesticides must be certified by the State of New Jersey for application of same.
2. 
The use of pesticides shall not result in the contamination of dyes, inks, ink reservoirs, needles, jewelry or gloves or any equipment used in connection with the operation.
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Tattoo Artist or Body Piercer.
1. 
The parlor shall comply with the most current version of Centers for Disease and Prevention Publication, "Enforcement Procedure for Occupational Exposure to Hepatitis B Virus (HVB) and Human Immunodeficiency Virus (HIV), OSHA instruction CPL-2.2.44A, August 1988 or revised or late editions." (Bloodborne Pathogen regulations)
2. 
All tattoo artists and body piercers shall provide proof of a negative Mantoux test, or medical clearance in the event of a positive Mantoux test. This documentation shall be maintained by the parlor and available for review during inspections of the establishment.
3. 
Before working on each patron, each tattoo artist or body piercer shall scrub and wash his hands thoroughly with hot water and antiseptic soap using his individual hand brush. Fingernails shall be kept clean and short.
4. 
Disposable vinyl or latex gloves shall be worn by the tattoo artist or body piercer during tattoo preparation and application to prevent contact with blood or body fluids except for clients with a sensitivity to latex, other methods acceptable to the Health Department shall be employed. Universal precautions described by the Centers for Disease Control and Prevention (CDC) shall be followed. All materials shall be disposed of in accordance with this subsection after contact with each patron. Hands shall be washed immediately after removal of gloves. Any skin surface that has contact with blood shall be washed immediately.
5. 
Immediately after tattooing or body piercing a patron, the tattooist or body piercer shall advise the patron on the care of the tattoo or body piercing in a written form and shall instruct the patron to consult a physician at the first sign of infection of the tattoo or body piercing. Printed instructions regarding these points shall be given to each patron and submitted to the Health Officer for review at the time of the initial license application and in the event that changes and/or modifications are made to this form.
6. 
All infections resulting from the practice of tattooing or body piercing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo or body piercing establishment or by the tattoo artist or body piercer.
b. 
Skin Preparation.
1. 
Tattooing or body piercing shall be done only on normal, healthy skin surface that is free of moles or infection.
2. 
Only safety razors with disposable blades shall be used for the skin preparation. Blades shall be disposed of according to paragraph e. of this subsection after each use and new blades shall be used for each patron.
3. 
Following shaving, the area shall be thoroughly cleansed and scrubbed with bacterial soap, and warm water. Before placing the design or body piercing on the patron's skin, the area shall be treated with 70% alcohol and allowed to air dry.
Piercing of mucous membranes (i.e. oral, nasal, vaginal, etc.) shall be treated with an industry-appropriate and medically indicated antiseptic solution prior to the procedure.
4. 
Only petroleum jelly (U.S.P. or National Formulary) or antiseptic ointment shall be applied to the tattoo area prior to tattooing or body piercing. The ointment shall be applied in a sanitary manner, disposing of the utensil after spreading. Collapsible tubes of ointment or jelly may also be used.
c. 
Tattooing or Body Piercing.
1. 
The use of single service hectographic stencils shall be required for applying a tattoo outline to the skin. Multi-use stencils shall be prohibited.
2. 
Only non-toxic dyes or pigments may be used. Premixed sterile materials are preferred. Pre-mixed dyes shall be used without adulteration of the manufacturer's original formula. It shall be the responsibility of the operator to provide certification to the Health Officer of the non-toxicity of the dyes or inks at the time of license application and renewal.
3. 
Single service or individual containers of dye or ink shall be used for each patron and the container disposed of immediately after completing work on each patron.
4. 
The completed tattoo shall be washed with sterile gauze. The area shall be allowed to air dry and antiseptic ointment shall be applied and spread with sterile gauze and sterile dressing attached.
5. 
Upon completion of piercing of the mucous membranes the area shall be disinfected with the industry-appropriate and medically indicated solutions.
d. 
Needles and Instruments.
1. 
Only single service sterilized needles and needle bars shall be used for each patron.
2. 
If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of lead.
3. 
Any needle that penetrates the skin of the tattoo artist or body piercer shall be immediately disposed of in accordance with paragraph e. of this subsection.
4. 
Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then rinsed clean. Needle tubes shall be sterilized in accordance with paragraph d.5., stored in sterile bags and maintained in a dry, closed area.
5. 
Each item to be sterilized shall be individually wrapped using chemical indicator bags or chemical indicator strips. Sterilization shall be by steam sterilization. The sterilizer shall be well maintained with a tight fitting gasket and clean interior. The manufacturer's operating instructions and sterilization specifications shall be at hand. The sterilizer shall conform to the manufacturer's specifications with regard to temperature, pressure and time of sterilization cycle. Proper functioning of sterilization cycles shall be verified by the use of biologic indicators (i.e. spore tests) at a frequency recommended by the manufacturer, but shall be performed no less than once per month. A log book of these test results shall be continually maintained and available for review during inspections of the establishment, and a test of the adequacy of the sterilization equipment and procedures may be required during any such inspections.
6. 
If the primary source of sterilization malfunctions, the Health Officer shall be notified within 24 hours. In an emergent situation, the Health Officer may approve alternate sterilization techniques.
7. 
Needles and bars shall not be bent or broken prior to disposal. Tattoo artists or body piercers shall take precautions to prevent injuries from contaminated needles or tubes.
e. 
Disposal of Waste. All used needles, needle bars or other tools used in the tattooing process, as well as gloves, gauze or other materials contaminated with blood or body fluids, shall be disposed of pursuant to N.J.A.C. 7:26-3A. (Regulated Medical Waste regulations)
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No. 12-11]
a. 
Unless otherwise provided by law, any person who violates any provision of this section shall, upon conviction, be liable to the penalty as stated in Chapter I, Section 1-5, General Penalty.
b. 
Reasonable counsel fees incurred by the Borough or Health Officer in the enforcement of this section shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the Court hearing the matter.
c. 
After due notice the Health Officer may suspend or revoke any license issued under this section for violation of the provisions of this section.
[Ord. No. 2-11; Ord. No. 12-11]
The penalty sections of the Board of Health Regulations and Ordinances codified in Chapter XXIII are hereby amended to conform to the provisions of Section 1-5 of the Revised General Ordinances of the Borough of Keyport, except to the extent that Section 1-5 may be in conflict with the statutes or regulations authorizing municipal regulation of the goods, businesses, machines, tools, implements, premises, institutions, occupations or activities so regulated.