[Ord. No. 1/11/60; Ord. 12/30/47; Ord. 1/12/65]
This chapter and all supplements hereto and amendments hereof, shall or may be known, referred to and cited as The sanitary code of the Board of Health of the Borough of Cliffside Park" or as "the code" or as "the health code" or as "the sanitary code."
[Ord. 1/11/61; Ord. 12/30/47; Ord. 2/18/64; Ord. BH:88-3]
a. 
Election. The board shall organize annually on the 1st day of January or as soon thereafter as may be feasible, at which time it shall elect, by a majority vote of all of the members of the board and from its members, a president and a vice-president.
b. 
Quorum and Meetings. A majority of the whole number of members of the board shall constitute a quorum for the transaction of business but a smaller number may meet and adjourn. Its regular meetings shall be held every month in the office of the Board of Health, at 8:30 p.m., on such date as may be decided upon at the organization meeting. The board shall determine and establish the rules of its own proceedings, and shall pass, promulgate or adopt such rules, regulations, orders, ordinances, bylaws and resolutions pertaining to the purposes and objectives of the board as may be necessary to properly carry out the provisions of applicable state laws governing the powers and duties of local boards of health. The president shall have the power to call special meetings of the board when necessary and in case of his neglect or refusal to do so, it shall be lawful for any two members of such board to call any special meeting, by written or printed notice to each member, served personally or left at their places of residence at least 24 hours previous to the time appointed for such meetings.
c. 
Officers and Employees. The board shall appoint, by resolution passed by a majority of all its members, a secretary, a health officer, a registrar of vital statistics, a counsel and such other officers and employees as it may deem necessary, each of whom shall hold their respective offices until December 31 of the calendar year of their appointment and until their respective successors are appointed and shall qualify, except as follows:
1. 
The registrar of vital statistics shall be appointed in accordance with the provisions of R.S. 26:8-13, as amended.
2. 
Nurses appointed by the board shall hold office for a term of three years from the first day of the year of their appointment and until their successors are appointed and qualify.
3. 
As of January 1, 1958, the stenographer-clerk, appointed by the board, shall hold office for a term of three years from the first day of the year of such appointment and until a successor is appointed and qualifies, and that this position shall be classified as a full time position.
4. 
(Reserved)
5. 
As of January 1, 1964, the medical director appointed by this board to serve as director of the William Fessler Baby Keep Well Station shall hold office for a term of three years from the date of such appointment and until his successor is appointed and qualify:
d. 
Salaries. The salaries or other forms of compensation of the aforesaid officers and employees shall be fixed by resolution passed by a majority of all the members of the board at the time of their appointment.
[Ord. 12/30/47]
a. 
President. The president shall be the chief executive officer of the board; he shall preside at all meetings of the board and shall appoint all committees and have all such other powers as may, by law or by the provisions of this chapter be vested in him. During the intervals between regular meetings, the president shall represent the board in all executive and judicial matters and he shall have the power and duty to appoint, at the annual meeting, or immediately thereafter, the following:
1. 
A sanitation committee;
2. 
A finance committee;
3. 
An ordinance committee and
4. 
With the advice and consent of the board, such other officers as may be required to be appointed and provision for whose appointment is not otherwise made in this chapter or subsequent legislation by the board.
b. 
Vice-President. The vice-president, in the absence, disability or disqualification of the president, shall serve in the place of president, with all of his powers and duties.
c. 
Secretary. The secretary shall keep the minutes of all the proceedings of the board; shall conduct all the official correspondence of the board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local, State or national, and make such other reports as may be required or directed by the board. He shall procure all books, stationery and other supplies, as may be required by the board and shall keep a record of all applications for permits, and in case of the refusal of any permits, the date of application and the action of the board, if any, thereon, and all such other pertinent information as may be necessary for a complete record of each such application.
d. 
Registrar of Vital Statistics. The registrar of vital statistics shall keep all such records of that office, as required by the bureau of vital statistics of the State of New Jersey, and he shall perform such other duties as may be required.
e. 
Counsel. The counsel shall be the legal adviser of the board, and shall, when required, attend its meetings. He shall, when ordered to do so by the board, represent it in all litigation to which it may be a party and perform all such other legal services as may be required of him by the board.
f. 
Written Report. The health officer, plumbing inspector and registrar of vital statistics shall make a written report at each regular meeting. All of the above named appointees shall perform such duties as may be directed by the Statutes of the State of New Jersey, the provisions of this code or as they may be directed by the board.
[Ord. 12/30/47]
Every member of the board and all officers and employees thereof, shall, by virtue of their respective appointments, be vested with the power and authority to make any and all inspections or examinations that are under the statutes of the State required to be made by local boards of health, or that are required by any code, ordinance, regulation or order of the board. They shall report to the health officer any violations occurring in the interim between meetings of the board and all persons are hereby forbidden to interfere with or obstruct such inspections or examinations.
[Ord. 12/30/47; Reserved by Ord. BH:88-3]
[1]
Editor's Note: Section BH2-3, "Nuisances," previously contained herein, has been repealed in entirety by Ordinance No. 88-3. For provisions regarding nuisances, see Chapter BH3, Public Health Nuisance Code.
[Ord. 1/12/65]
No person or persons engaging in the business which deals in pest control operations, for vermin and rodent infestation shall so do without first registering with the local Board of Health and making an application for a permit.
a. 
The application submitted shall contain a list of all injurious or toxic ingredients which may affect human beings or house pets.
b. 
No person may engage in such a business until approval by the local board is granted.
c. 
The annual fee for operation or engagement in such a business shall be fifteen ($15.00) dollars per annum.
d. 
The definition for pest control operator shall be construed as one engaged in the business of vermin and rodent control and eradication.
[Ord. 12/30/47]
No person shall sell, offer for sale or expose for sale, any horse meat or horse flesh, unless a license shall have first been obtained from the board covering each establishment, premises, vehicle or conveyance used therefor.
[Ord. 12/30/47]
No horse flesh or horse meat shall be sold, offered for sale or exposed for sale in the Borough, unless the animal from which the same originated, was slaughtered in the United States Government licensed slaughter house and unless every carcass, piece and parcel thereof, so exposed for sale, shall have conspicuously attached thereto a label or tag, not less than three inches wide and four inches long, on which there shall be printed or stamped, in letters not less than one inch in height, the words "Horse flesh."
[Ord. 12/30/47]
Every establishment, store or place in which horse flesh or horse meat is sold, shall display, in a conspicuous space on the outside of said building, store or establishment, and easily legible, without artificial aid, from a distance of at least 40 feet, a sign with the words "horse flesh sold here."
[Ord. 12/30/47]
a. 
No other flesh or meat of any kind or description, shall be sold in any building, store, establishment or place where horse flesh or horse meat is sold or exposed for sale.
[Repealed; Ord. BH:88-3]
[1]
Editor's Note: Section BH2-6, "Certain Regulations Governing Meat of Every Kind," has been repealed in its entirety by Ordinance No. BH:88-3.
[Repealed; Ord. BH:88-3]
[1]
Editor's Note: Section BH2-7. "Frozen Foods: Processing, Storage Sale or Distribution," previously contained herein, has been repealed in entirety by Ordinance No. BH:88-3.
[Ord. 12/30/47]
a. 
No person shall distribute or sell, or offer for sale, or have in his possession with intent to distribute, sell or offer for sale, within the Borough, any milk, cream, ice cream or ice cream mix; unless such person obtains a license therefor from the board, covering each premises or place from which the same is distributed, sold or offered for sale, or intended to be distributed, sold or offered for sale, and a license, covering each vehicle from which the same is distributed, sold or offered for sale, or intended to be distributed, sold or offered for sale.
b. 
A separate license is required and shall be obtained for each place of business used for any of the purposes set forth in this section and for each vehicle used for any of the purposes.
c. 
Every license, tag and every other evidence issued by the board as proof of the granting of such license or licenses, together with the number of the license, shall be prominently displayed in the premises so licensed and on each vehicle so licensed.
d. 
The board may at any time refuse to issue a license to any person who:
1. 
Has been convicted of violating any provision of this section;
2. 
Has failed or refused to comply with the lawful demands and requirements of the board relating to the conduct of any business regulated by this chapter.
3. 
Through negligence in the handling and preparation of milk, cream, ice cream, or ice cream mix, has disseminated contagious disease.
4. 
Maintains his milk house, table, milk plant or other place where milk or milk products, ice cream, or ice cream mix are produced, handled, processed, stored, distributed, sold or offered for sale, in any condition detrimental to health.
[Ord. 12/30/47]
a. 
No person shall manufacture, sell, offer for sale or deliver any ice in the Borough without obtaining a license therefor from the board to do so and covering each premises or place from or on which ice is to be sold, offered for sale, delivered or manufactured.
b. 
No such license shall be issued unless there is an application therefor, in writing, signed by the applicant, setting forth the source of his ice supply and the source of water from which the ice is made or intended to be made.
c. 
A separate application shall be made for and a separate license shall be required for each wagon, truck, vehicle, ice depot or plant, place or premises used or to be used in the sale, delivery or manufacture of ice.
[Ord. 12/30/47]
a. 
No ice shall be sold, delivered or manufactured if the source of supply of such ice or the source of the water used in the manufacture thereof, shall be changed or shall be different than that set forth in the application for the aforesaid license. However, the board, upon notice of such change, may authorize the manufacture, sale and delivery of such ice under the existing license.
b. 
No person shall manufacture, sell or deliver ice which has been cut from, or made from, any impure or polluted water, or which has been obtained or made from a source not approved by the board or which has otherwise become unfit for use.
c. 
Every license shall, at all times, and upon request of any authorized representative of the board, make available samples of the ice manufactured, sold or delivered, and in the case of manufacturers office, of the water from which the same is manufactured.
[Ord. 12/30/47]
The transportation of ice in wagons, trucks or vehicles used for an purpose other than the transportation of ice, is prohibited.
[Ord. 12/30/47]
It shall be unlawful for any person to engage in the business of selling or preparing for sale live fowl or poultry or slaughter live fowl or poultry in the Borough without obtaining from the Board of Health a license for such purpose.
[Ord. 12/30/47]
a. 
Before such license is granted, the applicant shall submit to the board, an application therefor, in writing, setting forth thereon the description of the premises intended to be so used, the character of the building wherein the business is contemplated to be conducted and also a description of all buildings, if any, located within a distance of 200 feet of the premises intended to be so used.
b. 
A license shall be denied if the application therefor, or an independent investigation, reveals that the premises intended to be so used:
1. 
Is located within a residential district or located within a residential zone, as the same appears on the Borough zoning map;
2. 
Is within 200 feet of any church, library, hospital, sanitarium or other public building, as measured from the nearest boundary line of the premises intended to be so used;
3. 
Is detrimental to the health of the surrounding neighbors;
4. 
Does not strictly comply with all the requirements of this chapter and the rules and regulations of the state Board of Health;
5. 
Shall tend to create a nuisance.
[Ord. 12/30/47]
a. 
Without in anyway intending to limit the generality of the preceding section, all buildings or places in which poultry slaughtering, or the business of selling, or preparing for sale, live fowl or poultry, is conducted, shall at all times conform with the following requirements:
1. 
The business shall be conducted on the ground floor only;
2. 
The floors thereof shall be paved with material impervious to moisture and shall be properly sloped as a well trapped outlet having direct connection with a sewer;
3. 
The walls of every room in which slaughtering is actually carried on, shall be covered to a height of at least six feet with smooth moisture-proof material and the remainder of the walls and ceilings shall be finished with a smooth hard surface;
4. 
No building or place operating under any such license, or any part of such building, shall be used for any purpose other than that provided for in said license;
5. 
Water-tight receptacles shall be provided for all refuse and shall be properly covered and the contents thereof removed daily from the premises;
6. 
All live poultry or fowl shall, at all times, be confined in coops, unless removed for the purpose of slaughter or sale;
7. 
Every room and every other place used for the purpose of slaughtering live poultry or fowl, or either of them, shall be ventilated directly to the open air and no such residential apartments of any adjoining building;
8. 
All coops shall be constructed of heavy wire and in conventional trade size. All stands or counters shall, at all times, be built substantially and maintained covered with marble, slate or other material impervious to moisture. The stands, counters and coops shall be raised from the floor in such manner as to permit thorough flushing under the same;
9. 
The stands and counters, for the sale of poultry shall, at all times, be arranged to permit a clear and adequate passageway to the public;
10. 
A plentiful supply of hot water shall be provided for cleansing purposes;
11. 
Every such poultry house or poultry slaughter house or other place in which the same is sold or prepared for sale, shall, at all times, be kept in a sanitary condition;
12. 
All poultry or fowl shall be sold within 24 hours of slaughtering, unless the same is adequately refrigerated in accordance with the provisions of this chapter applying to the refrigeration of meat.
[Ord. 12/30/47]
a. 
Plucking shall not be carried on in a room used for slaughtering.
b. 
No person shall sell, or offer for sale, any fowl or poultry which is diseased or in any manner unfit for human consumption. This shall apply alike to such fowl, or poultry, whether alive or slaughtered.
[Ord. 12/30/47]
a. 
No person shall engage as an operator in the business, nor shall any person employ any other person as an operator in connection with the business of a barber shop or beauty parlor, in the Borough, unless every such person, whether employer or employee, shall have previously filed, with the secretary of the board, a medical certificate from a physician duly licensed to practice medicine in the State of New Jersey, setting forth that such person, both employer and employee, is free from tuberculosis, syphilis, or any other contagious or communicable disease, and unless all such person obtain from the board, the customary health certificate.
b. 
The medical certificate referred to in the preceding section, shall be filled out and completed upon forms to be supplied by the board and, when filed, shall be effective for the balance of the calendar year of issuance.
c. 
In lieu of the medical certificate required in this section, satisfactory evidence may be furnished that a similar examination, or certificate, has been had or obtained by or from the State of New Jersey and in such case the effective period shall be concurrent with that provided in the state certificate.
d. 
Every health certificate as issued by the board, shall be prominently displayed, at all times, in the place where the person to whom the same has been so issued, is employed or engaged in the business aforesaid.
[Ord. 12/30/47]
Every person operating or conducting a barber shop or beauty parlor in the Borough and every person employed therein, shall at all times comply with the following requirements:
a. 
The premises in which the barber shop or beauty parlor is maintained, shall be kept in a clean condition.
b. 
All mugs, brushes, scissors, razors, combs, tweezers, clippers, shall be sterilized before being used upon any customer by immersion in boiling water or in a ten percent solution of formalin or a five percent solution of carbolic acid or by any other means approved by the board.
c. 
Every such shop or parlor shall be provided with running hot and cold water.
d. 
Clean towels and fresh neckbands shall be provided for each customer.
e. 
Every operator, employee or any person actually engaged in waiting upon or servicing a customer, shall thoroughly cleanse his or her hands immediately before serving such customer.
[Ord. 12/30/47]
a. 
No person shall be served in any barber shop or beauty parlor if such person visibly evidences that he is infected with ringworm of the scalp or any other communicable disease.
b. 
The use of styptic pencils is prohibited.
c. 
The use of powder puffs and sponges, except for individual use, is prohibited.
[Ord. 12/30/47; Ord. BH:1-95]
No person shall be engaged or employed in the Borough as a massage technician, masseur, or masseuse, in which any form of compensation is charged or accepted, without first having obtained a license from the Board of Health of the Borough of Cliffside Park. The license, when issued, is personal and should not be construed to render a certificate of occupancy or approval of the use of any premises or location for the purpose of massages.
[Ord. 12/30/47; Ord. BH:1-95]
The massage technician, masseur or masseuse shall mean any person who practices or administers the art of body massage and who has made a study of the underlying principles of anatomy and physiology as may be generally included in a regular course of study at a school of massage or therapy. Such techniques may include the art of body massage, either by hand or with mechanical vibratory apparatus for the purpose of body massaging, reducing or contouring, use of oil rubs, heat lamps, salt glows, tub, shower or cabinet baths. The following procedures may be employed: stroking, friction, kneading, vibration, percussion and gymnastics. Massage technicians, masseurs or masseuses cannot diagnose or treat classified diseases nor practice spinal or other joint manipulations or prescribe medicines or drugs.
[Ord. BH:1-95]
No such license shall be issued to any person;
a. 
Under 18 years of age;
b. 
Convicted of a crime of moral turpitude or any sex-related offenses;
c. 
Unless documentary proof is submitted to the department of health establishing the applicant's satisfactory completion of a course of study at a school of massage, anatomy, physiology, or physical therapy, with a minimum of 400 hours of study; or
d. 
Unless the applicant provides the board with proof that the applicant has been engaged in said occupation as may be evidenced by sworn affidavits attesting to the training and experience of said applicant;
e. 
Unless they provide an affidavit within 15 days of date of application from a duly licensed physician from the State of New Jersey, establishing that the applicant is free from contagious and communicable diseases;
f. 
Unless a clear full-faced photograph of applicant is submitted to the board, which is to be placed on an identification card and/or license as may be required by the board; and
g. 
Until the applicant completes a comprehensive written application in a form to be provided by the department of health, which application, among other things, requires a detailed description of the applicant, fingerprinting by the Cliffside Park police department, and the listing of prior residence and employment for the past ten years.
[Ord. BH:1-95]
a. 
The applicant must submit in writing to the department of health a certificate stating the location and place of business and hours of operation, which must meet with the approval of the zoning official of the place in which the business will be located.
b. 
Toilet and bathroom facilities shall be available and hot water shall be required at a suitable temperature so that the licensees may wash and cleanse their hands before attending to any patron of massage.
[Ord. BH:1-95]
a. 
Business owner's annual fee shall be five hundred ($500.00) dollars payable on the first of each year.
b. 
The fee for a masseur or masseuse shall be one hundred ($100.00) dollars payable each year on the first of the year.
[Ord. 12/30/47]
a. 
No person shall keep small animals, kennels or pet shops as defined herein, on any premises within the Borough unless a license for that purpose shall have been first secured from the board covering the premises to be so used.
b. 
No license for the keeping or raising of small animals, shall be granted to any person when the keeping or raising of such small animals, because of the nature or characteristics thereof, would be detrimental to the general health of the residents of the neighborhood of the premises sought to be so licensed.
[Ord. 12/30/47]
No person shall keep any small animals in a hutch or coop of a size having less than eight square feet of floor space and being less than two feet in height, without special permission from the board. Each hutch or coop shall be dry and adequately ventilated and shall be cleaned daily and rebedded with fresh straw, leaves or other absorbent material.
[Ord. 12/30/47]
a. 
No person shall keep any small animal affected with skin mange, cocceidosis, parasitic worms or other diseases contagious to other animals or human beings and any such small animal so affected shall immediately be destroyed and the carcass cremated forthwith.
b. 
Any hutch or coop wherein such affected animal is found and all adjoining hutches or coops, shall be destroyed or thoroughly disinfected with a germicide approved by the board and under the direction of the board. The provisions of this subsection shall not apply to any small animal under regular professional treatment by a duly licensed veterinarian, but all the provisions shall fully apply when such treatment shall be discontinued without a full cure having been affected or when such veterinarian shall certify that, in his opinion, such cure cannot be affected.
[Ord. 12/30/47]
a. 
No hutch or coop shall be less than 25 feet from any dwelling nor less than eight feet from all adjoining property lines.
b. 
No person shall allow any small animal, as the term "small animal" is herein defined, to run at large in the Borough, but the same shall, at all times, be confined to the premises licensed for the keeping thereof.
[Ord. 12/30/47]
No person shall keep or maintain any live poultry, pigeons or other fowl, even for noncommercial purposes, without first having obtained a license or permit for that purpose from the board covering the premises intended to be so used. No license will be issued for keeping or maintaining pigeons after present license expires.
[Ord. 12/30/47]
a. 
All live poultry, pigeons or other fowl, shall be confined in coops or runs.
b. 
All coops and runs shall be located outside of and completely apart from any building used wholly or in part for dwelling purposes, in which people congregate or used as a food or eating establishment.
c. 
All coops or runs shall be constructed in accordance with the regulations, if any, of the zoning chapter.
d. 
All coops shall be provided with concrete floors.
e. 
A sufficient number of roosts, to provide roosting space for each individual specimen of poultry or fowl kept in the coop and a sufficient number of properly placed drop boards beneath each roost, to catch all droppings excreted by the poultry or other fowl while on the roost, shall be provided.
f. 
All coops and runs and the entire surroundings of all such places, shall be kept clean at all times and shall be subject to periodic inspection by the health officer of the Borough, or his representative.
g. 
Coops and runs shall be disinfected or otherwise treated, when so directed by the board.
h. 
The floors of all coops shall be kept clean and dry at all times.
i. 
All of the droppings shall be removed from each coop and buried, removed from the premises, or otherwise disposed of in a manner approved by the board, at least once a week.
j. 
All food for immediate consumption shall be placed in suitable feeding troughs, or similar containers, and all other food shall be stored in rat-proof containers at all times.
[Ord. 12/30/47]
The provisions of this section shall not apply to the keeping of live poultry, pigeons or other fowl for sale or for the preparation for sale, but in all those cases the provisions of BH2-14 shall apply.
[Ord. 12/30/47; Ord. 5/23/50, Si]
a. 
No person shall keep any crowing rooster or screaming or chattering fowl.
b. 
No live poultry, pigeons, or other fowl shall be permitted to fly or run at large, excepting that the supervised flying of pigeons shall be permitted during such times as may from time to time be fixed by the Board of Health, not to exceed, however, two hours in each day.
c. 
No coop or run shall be located within 25 feet of any dwelling unit, or place where people congregate, or within 200 feet of any food establishment or eating establishment or within eight feet of any property line. This paragraph shall not apply to the dwelling house in which the licensee resides, provided that such dwelling house is occupied solely by the licensee and members of his immediate family.
d. 
No person shall keep more than one individual specimen of poultry or fowl in any coop for each three square feet of usable floor space within said coop.
e. 
No poultry food shall be scattered about any premises.
[Ord. 12/30/47]
The owner, tenant, manager and all other persons maintaining, operating or in charge or control of any public place, shall, at all times, keep and maintain every such public place, and all parts thereof, in a clean and sanitary condition and open to inspection by the board, its officers or any employee of the board.
[Ord. 12/30/47; 5/23/50, S j and k]
Every public place shall contain the following:
a. 
Proper lavatory facilities for the use of persons patronizing the place;
b. 
Adequate toilet facilities, a washroom, comfort station;
c. 
A sufficient quantity of toilet tissue;
d. 
Individual towels;
e. 
A sanitary waste receptacle for towels customarily discarded after usage;
f. 
Separate toilets for male and female patrons;
g. 
Provision for the thorough cleansing, boiling and sterilizing of cloth towels, if used;
h. 
A mechanical dispenser for liquid or powdered soap of a type approved by the board.
[Ord. 12/30/47]
In all public places there is prohibited:
a. 
The use of cake soap in common;
b. 
The use of any drinking cup in common;
c. 
The use of towels in common.
[Ord. 12/30/47; Ord. 12/15/64]
a. 
No person shall dump or engage in the business of dumping garbage, ashes, rubbish, animal or vegetable substances, swill or any offensive or putrescible material on any land or premises in the Borough, without obtaining a permit therefor from the board.
1. 
No person private or public may dump or engage in the business of dumping of any kind including the above described or any dirt, fill, rocks or any other material without first making application to the Board of Health and having secured a permit.
2. 
Anyone receiving permission for this operation shall take the necessary steps to see that the area involved is properly controlled and treated periodically to the satisfaction of the health department by a professional pest control operator.
3. 
Permits for dumping should note that this operation for which application is made must be completed within 60 days, at which time if the work is not completed, a new application shall be submitted.
4. 
A fee of fifty ($50.00) dollars shall accompany the initial application before permission is granted and all subsequent applications for the area described and for which application was initially made shall be accompanied by a fee of two ($2.00) dollars until the dumping is completed. Dumping in any one area should be completed before the expiration of one year from the date of the original approval of the first application which was approved by the board.
5. 
Excluded from the above provisions are land-owners or professional landscapers who require the use of topsoil for landscaping lawns, flower gardens and related endeavors.
b. 
No such permit shall be issued unless the applicant therefor shall furnish satisfactory evidence to the board, that he has given five days' prior written notice to the owners or other persons in actual or legal possession of all abutting premises, advising them of the date upon which the application shall be made.
c. 
The board may, in its discretion, withhold the granting of such permit until all of the interested parties have been heard and may impose such special conditions and regulations in connection with each such application as may be necessary to preserve the public health.
[Ord. 12/30/47]
a. 
The owner, tenant, lessee or occupant of every house, store, building or of any part thereof, or of any other premises in the Borough, shall place, or cause to be placed, in a metal watertight box or boxes, barrels or other receptacles, which have a proper cover for the opening thereof, all coal or wood ashes, plaster and all other household refuse and decaying vegetable and animal substances upon his premises.
b. 
Every owner, tenant, lessee or occupant of any house, store, building, or any part thereof, or of any premises in the Borough, shall, upon the days appointed by the proper authorities for the collection of garbage, place every box, barrel or other receptacle upon his premises, containing all matters and things referred to in paragraph a above, upon the sidewalk in front of his premises or as near the curb as the same can be conveniently placed, and immediately after the same are emptied, remove the same from the sidewalk or such places; provided, it shall at all times be the duty of those who have the collection and disposal of garbage under their control, to collect any garbage from any premises upon which underground containers are installed, from and out of the containers, and to maintain an unobstructed walk or drive leading from such street to the container.
c. 
Every person mentioned in paragraph b above shall, upon the days appointed by the proper authorities for the collection of refuse, other than garbage, place every box, barrel or receptacle upon his premises, containing refuse other than garbage or household refuse, upon the sidewalk in front of his premises or as near the curb as the same can be conveniently placed and immediately after the same be emptied, remove the same from the sidewalk or other places. Provided, nothing herein contained shall limit or prohibit any person from contracting with those who have the collection and disposal of ashes, dirt, and other household refuse under their control, so that collection may be made from their premises rather than from the side-line of the street.
d. 
Any person whose duty it may be, or who shall have undertaken to remove, from any public street, alley or other public place, in the Borough, the contents of any container of decaying or vegetable substances lawfully placed at the curb thereof, shall remove the same within 12 hours after such containers have been placed at such curb.
[Ord. 12/30/47]
The provisions of this section shall not apply to the collection of garbage, ashes, rubbish or other matter by the Borough or any agency or department thereof.
[Ord. 12/30/47]
No person shall remove or be permitted to remove anything whatsoever from any container placed upon any public street for collection, except the duly authorized collector.
[Ord. 12/30/47]
No person shall engage in the Borough in the business of removing fat, bones or refuse from any butcher shop, meat market or other establishment without obtaining from the board, a license for that purpose.
[Ord. 12/30/47]
a. 
All containers used for the collection and removal of fat, bones or other refuse from any meat market, butcher shop or other establishment shall be made of metal and with suitable tight fitting covers.
b. 
All vehicles used for the collection or transporting of any such fat, bones or refuse, shall be fully cleaned, excepting when engage in the actual collection thereof.
[Ord. 12/30/47]
No vehicle used in any business permitted by this section under a license granted by the board, shall remain or be permitted to remain in any place in the Borough, for any period longer than that necessarily requires to transact the particular business for which he is licensed.
[Ord. 12/30/47]
a. 
Every person and every employee of every person, in either actual or constructive control, maintenance or supervision thereof, shall, at all times, so maintain, control and supervise all steam boilers, furnaces, devices, contrivances, smoke stacks and chimneys, located in, or which may be a part of any house, building, place or premises, so that the same does not emit dense smoke, as hereinafter defined.
b. 
The preceding paragraph shall also apply to the chimney or stacks of locomotives, steam rollers, steam shovels, steam hoisting engines, tar kettles or any other similar machine, device or contrivance.
c. 
Every day or part thereof, that dense smoke is emitted in violation of this section shall be deemed to be a separate violation, unless an extension of time to continue such violation is granted by the board therefor, based upon a factually supported claim that extensive alterations are required for the purpose of complying with this chapter and based further upon the promise that such alterations shall be made within such time as the board may determine to be reasonable. The granting or denial of such extension of time shall, at all times, be discretionary with the board.
[Ord. 12/30/47]
It is intended that the terms "license" or "permit," wherever used herein, be synonymous if, in the interpretation of any part hereof, such synonymy is required to carry out the manifest intent and purpose of this chapter.
[Ord. 12/30/47]
a. 
All applications for licenses, permits or certificates, shall be made at the office of the board during regular office hours and the fee for every license or permit shall be paid in advance at the time of making the application therefor.
b. 
The granting of any license, permit or certificate may be withheld, at the discretion of the board, pending examination, investigation or inspection of the person who, or the premises which may be the subject matter of the license, permit or certificate under consideration.
[Ord. 12/30/47]
All licenses, permits or certificates issued hereunder shall be valid only for the balance of the calendar year in which they are issued, unless otherwise herein provided. No such license, permit or certificate shall be transferable or assignable.
[Ord. 12/30/47]
The board shall evidence the granting of any license, permit or certificate issued, by furnishing to the licensee, permitted or certificate holder, a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license, permit or certificate, the serial number of the same, name of the person to whom the same has been issued, the year in which the same is so issued, the premises or vehicle so licensed, if that be material or required, d such other information as the board may deem pertinent.
[Ord. 12/30/47]
Every license, permit or certificate issued by the board, shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued, and shall likewise be so displayed on every vehicle or conveyance so licensed, for the period that the said license, permit or certificate shall be in force, unless the board shall otherwise prescribe.
[Ord. 12/30/47]
a. 
Every license, permit or certificate issued hereunder, may at any time during the term for which the same is so issued, be suspended by the board or its health officer, pending a hearing, to be granted the holder thereof, pursuant to a notice to show cause to the board why the license, permit or certificate should not be suspended further or revoked.
b. 
No license, permit or certificate shall be suspended unless the health officer files with the board, a complaint or charges evidencing one or more violations of the section, under which the license, permit or certificate was originally issued.
c. 
Every suspension ordered under this section shall automatically terminate two weeks from the date thereof, unless the continuance of such suspension shall be ordered by the board, and then such suspension shall continue only during the period of any such continuance so ordered by the board.
d. 
During the period of any such suspension, or ordered continuance thereof, every license, permit or certificate so suspended shall be ineffective and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license, permit or certificate suspended.
[Ord. 12/30/47]
a. 
Any license, permit or certificate issued under the provisions or the ordinance, may be revoked at any time by the board, for just cause, or if licensee, permittee or certificate holder, or any of the employees, agents or servants of the licensee, permittee or certificate holder shall violate:
1. 
Any of the provisions of this ordinance or any amendments hereof or supplements hereto; or
2. 
The sanitary code of the department of health of the State of New Jersey specifically applicable to the subject matter for or upon which the license, permit or certificate was issued.
b. 
Before any license, permit or certificate may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violations charged against him.
c. 
The time and place for such hearing shall be fixed at the discretion of the board; provided, that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for the hearing.
d. 
Notice of the time and place of any hearing held under this section, shall be given by the board to the holder of the license, permit or certificate so involved, in writing, and served either personally or sent to him by registered mail, addressed to him at the address stated in the license, permit or certificate.
e. 
A licensee, permittee or certificate holder who fails to appear at the time and place fixed for such hearing, shall not be entitled to any further hearing and in the event his license, permit or certificate may, as a matter of course, be forthwith revoked.
[Ord. 12/30/47]
All of the fees required to be paid, or paid under the terms hereof, are intended to be annual fees but, when paid, shall cover only the balance of the calendar year during which the same are so paid or payable, unless otherwise herein provided.