[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.
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:
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]
[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.
[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;
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;
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.