[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.
[1972 Code § BH:1-2.1; Ord. No.
32-89; Ord. No. 2-11; Ord. No. 12-11]
[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]
[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.
(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.
GREASE
GREASE TRAP
RETAIL FOOD ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
CAT
DOG
DOG OF LICENSING AGE
DOMESTIC ANIMAL
FARM ANIMAL
KEEPER
KENNEL
OWNER WHEN APPLIED TO THE PROPRIETORSHIP OF A DOG
PERSON
PET SHOP
PLACE
POUND
REGISTERED
SHELTER
VICIOUS DOG
WILD ANIMAL
Definitions. As used in this section:
Any cat, male or female, spayed or not.
Any dog, bitch or spayed bitch.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
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.
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.
Any person exercising control over a dog or permitting a
dog to remain on premises under his control.
Any establishment where the business of boarding, selling
or breeding dogs for sale is carried on, except a pet shop.
Includes every person having a right of property in the dog
and every person who has a dog in his keeping.
As used herein shall be construed to mean an individual,
firm, partnership, corporation, voluntary association or an incorporated
association.
Any room or group of rooms, cage or exhibition pen not a
kennel wherein animals are displayed for sale.
Deemed and taken to mean any plot, lot or other premises,
house, garage, barn or other building of any kind whatsoever.
That establishment contracted by the Borough or Animal Control
Officer for the confinement of dogs or cats seized under the provisions
of this section.
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.
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.
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.
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.
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]
[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:
That an owner or caregiver has forsaken a domesticated cat
entirely, or has neglected or refused to provide care and support
for the cat.
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.
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.
An individual designated hereunder to manage feral cat colonies
and to provide for the needs of colony cats.
A feral cat or stray cat residing or congregating at a feral
cat colony.
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.
A cat that is not socialized to humans and which lives in
a wild state.
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.
Any person(s) or legal entity which maintains a home in which
food, water and shelter is provided to one or more cat(s).
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.
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.
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.
Trap, neuter and return.
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:
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]
[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:
The administrative officer of the Borough of Keyport Health
Department, and his or her authorized representatives.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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.
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.
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.
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]
[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:
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.
[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; amended 8-15-2023 by Ord. No. 8-23]
As used in this section, the following terms shall have the
meanings indicated:
The practice of physical body adornment using the following
techniques, but does not include ear piercing: 1) body piercing; 2)
tattooing; and 3) microblading/permanent cosmetics/micropigmentation.
A business engaged in the operation of body art as defined
by this section (i.e., body piercing, tattooing, microblading, permanent
cosmetics, micropigmentation).
One who engages in 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.
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.
The premises wherein tattooing or body piercing is performed.
The Keyport Borough Health Officer or his authorized representative.
Microblading is the practice of using a hand-held instrument,
tipped with a grouping or configuration of needles, utilized for penetrating
into the lower epidermal layers and/or dermis, so that pigments are
introduced and implanted into the lower epidermal layers and/or dermis.
"Permanent cosmetics," "permanent makeup" and "micropigmentation"
is considered microblading by law.
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.
The intradermal implanting of inert pigments, colors, and/or
dyes, which results in permanent alteration of tissue to gain a cosmetic
effect, and includes the form of micropigmentation known as "microblading."
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.
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.
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.
Destruction of all forms of microbiotic life, including spores.
One who engages in 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; amended 8-15-2023 by Ord. No. 8-23]
a.
It shall be unlawful for any person to engage in the business of
operating a body art establishment as defined by this section without
first obtaining a license from the Borough of Keyport to engage in
such business in accordance with the provisions hereof. All body art
establishments/businesses must maintain the appropriate permits and/or
certifications required by State law to operate a body art establishment
prior to seeking approval from the Borough of Keyport.
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 art establishment 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 five. 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; amended 8-15-2023 by Ord. No. 8-23]
a.
Age. Body art procedures on a person under 18 years of age shall
not be performed without the written consent of the parent or legal
guardian of such minor, which shall be 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 body art procedure 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 any and all body art procedures 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 body art business or 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.
[Ord. No. BH:98-1; Ord. No. 2-11; Ord. No.
12-11; amended 8-15-2023 by Ord. No. 8-23]
a.
Body Art Artist.
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 body art artists 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 body art artist 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 body art artists
during preparation for all body art procedures 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 performing an act of body art on a patron, body
art artists shall advise the patron on the care of the body art 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 body art which become
known to the operator shall be promptly reported to the Health Officer
by the person owning or operating the body art establishment or by
the body art artist.
b.
Skin Preparation.
1.
All body art procedures must only 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.
Body Art, Tattooing or Body Piercing.
1.
The use of single service hectographic stencils shall be required
for applying any body art 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 body art and/or 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 body art artist 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.
