Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. No. 2007-24 § 1]
The following definitions shall apply to all sections adopted herein by the Governing Body sitting as the Board of Health of the Township:
PEN
Shall mean a small enclosure used for the confinement or safekeeping of domestic animals
PET
Shall mean any domesticated or tamed animal that is kept as a companion or for amusement, including feral animals that are fed or cared for.
RODENT
Shall mean any of various mammals of the order Rodentia, including the mouse, rat, squirrel or beaver, characterized by large incisors adapted for gnawing or nibbling.
STABLE
Shall mean a building for the lodging and feeding of domestic animals, adequate for housing a horse or pony.
VERMIN
Shall mean various objectionable animals collectively, especially those of small size that appear commonly and are destructive, bothersome, undesirable or injurious to health, including flies, lice, fleas, bedbugs, cockroaches, mice and rodents.
WILD ANIMAL
Shall mean and refer to an animal, which is not tamed, domesticated or otherwise maintained by an individual, living in a state of nature.
[Ord. No. 2007-24 § 1]
a. 
Maximum Penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Township shall, upon conviction thereof, pay a penalty of not less than $5, nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Township or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
b. 
Separate Violations. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
[Ord. No. 2007-24 § 1]
All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Treasurer of the Township of Fairfield.
[Ord. No. 2007-24 § 1]
The Governing Body of the Township of Fairfield shall act as the Board of Health of the Township and all references herein to the "Board" shall refer to the Governing Body sitting as the Board of Health.
[Ord. No. 2007-24 § 1]
The Health Department of the Township of Fairfield shall issue all licenses authorized by the Board.
[Ord. No. 2007-24 § 1]
There shall be a Registrar of Vital Statistics, who shall be responsible to the Board of Health.
[Ord. No. 2007-24 § 1]
There shall be a Health Officer of the Board of Health, who shall be responsible to the Board of Health. The Health Officer shall hold the necessary license. He shall be appointed by the Board of Health for a term of one year, or such other term provided for in an Interlocal Agreement regarding the provision of health services. The Health Officer or his/her duly designee licensed shall, subject to the superior authority of the Board, be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the State.
[Ord. No. 2007-24 § 1]
There shall be, when appointed by the Board, special health reporting officers of the Board of Health, who shall promptly report to the Board every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The Police and Fire Officers of Township may be designated special health reporting officers of the Board of Health.
[Ord. No. 2007-24 § 1]
The Board may employ, appoint or retain such other personnel as it may deem necessary, including technicians, inspectors and others necessary to carry out the powers vested in the Board by law and by this Code. All such personnel shall, where required, be appropriately licensed.
[Ord. No. 2007-24 § 1]
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more 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 Code:
a. 
Power to Prevent the Sale of Food. The Health Officer may prohibit, the importation into the Township 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.
[Ord. No. 2007-24 § 1]
a. 
Inspection of Premises. The Board of Health, its agents and employees shall have the right to inspect any premises in the Township if they have reason to believe that any provision of this Code is being violated or as part of a regular program of inspection.
b. 
Search Warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Board of Health or Health Officer may apply to the Municipal Judge for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provided a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
[Ord. No. 2007-24 § 1]
a. 
Notice to Abate Nuisance.
1. 
Whenever anything declared by this code to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified not less than five days from the date of service in the notice.
2. 
Whenever anything declared by this code to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the health officer may remove or abate such nuisance or condition in the manner provided for a like condition existing on a private premises or place.
b. 
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection 8-2.9a, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by which means as shall be deemed proper.
c. 
Recovery of Costs.
1. 
Whenever any cost or expense is incurred by the Township as a result of the Health Officer abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expense may be recovered in the following manner:
(a) 
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
(b) 
Where it is impossible or impractical to proceed under Subsection 1(a) above, the cost or expense shall be recovered in an action at law in any court of competent jurisdiction; the action shall be instituted by the Board of Health in the name of the Township or ex rel. the State of New Jersey.
2. 
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this Code.
[Ord. No. 2007-24 § 1]
The Board of Health may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with, alter or amend any provisions of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this .
[Ord. No. 2007-24 § 1]
The fees for certified copy of a marriage license or for a birth or death certificate shall be $10 per copy, or as otherwise permitted by statute.
[1]
Editor's Note: See also Chapter 5 of the Revised General Ordinances for additional animal regulations.
[Ord. No. 2007-24 § 1]
No person shall have or keep or maintain in his possession any goats, sheep, swine, cattle or wild animals on any lands or premises within the limits of the Township. Any resident, however, owning and maintaining any of the enumerated animals as pets on its premises on January 1, 2008, may continue to keep and maintain the same, provided that the resident shall report the animal to the Health Officer within 30 days of January 1, 2008, and a permit shall be issued to the owner without fee.
[Ord. No. 2007-24 § 1]
a. 
Keeping of Horses or Ponies Regulated.
1. 
Not more than one horse, pony or other equine animal shall be kept, harbored or maintained on a lot in a residential zone having less than two acres in extent.
2. 
Not more than three horses, ponies, or other equine animals may be kept on a lot in a residential zone of three acres or more. The pen, corral, enclosure or stable shall not be less than 20 feet from the adjacent property lines and shall be at least 100 feet from any neighboring dwelling.
3. 
The stable shall be defined as an adequate structure for housing a horse or pony. No structure housing a horse or pony shall be located nearer than 20 feet to any adjacent property line or 100 feet to any neighboring dwelling.
4. 
Stables must be built so as not to create offensive odors, fly breeding or other nuisances.
5. 
Manure must he collected and removed daily or maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.
b. 
Commercial Activity Prohibited. Nothing herein contained shall authorize or permit the conducting of a commercial enterprise or activity on any premises situated in a residential zone under the provisions of XLV Zoning, of the Township Code, and any such commercial activity, including the rental of horses and ponies or any other commercial activity, is prohibited. Where the owner of any property has granted permission to any person permitting the use of his premises for the purpose of keeping, harboring or maintaining any horses or ponies upon his premises as herein limited and provided, then and in that event the owner shall file with the Board of Health a copy of any agreement, permit or license to the person making use of his premises for such purpose, with his post office address, in order that the Board of Health may be informed of the use of the premises by persons other than the owner, so that notice of any violation of the terms and provisions of health s of this Code can be given to the tenant or occupants of the premises.
[Ord. No. 2007-24 § 1]
a. 
Keeping of Small Animals and Fowl.
1. 
No person shall keep on his property or in his possession, or permit to be kept, any small animal, live chickens, pigeons or other fowl in excess of four in number without first having obtained a permit from the Board of Health to keep the same, on forms provided by the Board of Health. The keeping of roosters is prohibited.
2. 
No person shall keep on his property or in his possession more than three adult dogs and three adult cats without having first obtained a permit from the Board of Health. An adult dog or cat shall be defined as an animal six months in age or older.
3. 
Any person owning more than three adult dogs and three adult cats before January 1, 2008, is permitted to keep and maintain the same.
b. 
Regulations. The following rules and regulations shall govern the keeping of small animals, as herein defined, live chickens, pigeons or other fowl:
1. 
No person shall keep or permit to be kept more than four small animals, live chickens, pigeons or other fowl without first having obtained a permit from the Board of Health.
2. 
No such animals or fowl shall be kept in any dwelling house, store or building occupied by human beings.
3. 
Small animals or fowl shall be at all times kept outdoors in an enclosure, the location and size of which shall be approved by the Health Officer of the Board of Health.
4. 
Such animals without a permit, as above stated, shall be limited to four in number. Fowl shall be limited to six in number, and pigeons shall be limited to 12 in number.
5. 
Such animals shall not be permitted to run at large, and such fowl shall not be permitted to fly at large, within the Township, except that pedigreed homing, high-flying or air-performing pigeons may be permitted to fly for exercise or training at the discretion of the owner, provided that such flight shall not be or become a public nuisance.
c. 
Pen Construction Regulated. The construction, location and maintenance of sheds, coops, pens and other structures in which animals or fowl are kept or housed shall comply with the following requirements:
1. 
No structure shall be built or maintained which is less than 50 feet from the doors or windows of any neighboring dwelling or less than 10 feet from any neighboring property line.
2. 
All such places shall be kept in good repair, shall have floors impervious to moisture and shall be waterproof, free from rodents, vermin, properly lighted and ventilated and in a clean and sanitary condition at all times.
3. 
All plans for such structures and all structures intended for the use of housing such animals or fowl shall be in accordance with the Construction Codes of the Township.
4. 
A wire porch attached to the structure in which fowl are to be kept may be permitted. Such porch shall be at least one foot above the surrounding ground and shall consist of one inch mesh hardware cloth for the floor with any convenient size wire for the sides and top and shall not extend more than four feet from the house or coop.
d. 
Sale of Small Animals or Fowl. No person shall sell or keep for sale live rabbits or live poultry, including chickens, geese, ducks, turkeys or other fowl, without having first been issued a permit to do so by the Board of Health. This permit does not give the licensee the right to slaughter or dress animals or fowl.
e. 
Permit Fees. The fee for the issuance of any permits required by this shall be $10, unless stated otherwise.
[Ord. No. 2007-24 § 1]
A code regulating and controlling the location and construction, alteration and operation of public recreational bathing facilities, the issuance of permits to locate and construct, alter or operate public recreation bathing facilities and declaring and defining certain public recreational bathing facilities as nuisances and fixing penalties for violation is hereby adopted pursuant to N.J.S.A. 26:3-69.1 et seq., the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the New Jersey State Sanitary Code, 9, Public Recreational Bathing Facilities.
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 9, Public Recreational Bathing Facilities have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
"Swimming Pool" as defined in the Code[1] does not include swimming or wading pools established or maintained upon any premises by any individual for his own or his family's use or guests of his household.
[1]
Editor's Note: See Subsection 4-7.1 for definition of swimming pool.
[Ord. No. 2007-24 § 1]
No person shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by the Board of Health.
[Ord. No. 2007-24 § 1]
The following fees and charges are herewith established.
a. 
For the issuance of a permit to locate and construct a swimming pool: $50.
b. 
For the issuance of a permit to alter a swimming pool: $25.
c. 
For the issuance or renewal of a permit to operate a swimming pool: $150.
[Ord. No. 2007-24 § 1]
Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to April 1 of each year.
[Ord. No. 2007-24 § 1]
a. 
Permits required for this or Code may be denied or suspended by the Board of Health for failure to comply with this or Code.
b. 
The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board's decision as provided by State Code.
[Ord. No. 2007-24 § 1]
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 Board of Health 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. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied as a residence to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such a manner that the temperature of the building where one or more persons reside shall be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m. and at 60° F. or above between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. No. 2007-24 § 1]
A code regulating retail food establishments and food and beverage vending machines and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the "New Jersey State Sanitary Code, 12, Sanitation in Retail Food Establishment and Food and Beverage Vending Machines."
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 12, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
a. 
No person shall conduct, maintain or operate a retail food establishment in the Township of Fairfield as specified in 12 of the State Sanitary Code, (N.J.A.C. 8:24 and N.J.S.A. 26:1A-7) without first obtaining a license issued by the Board of Health.
b. 
All applications for the renewal of retail food licenses and the required fees must be received by the Health Officer no later than July 31 of the year in which the current license shall expire. License application fees are nonrefundable. All licenses shall expire on June 30 of the following year.
c. 
Whenever the owner of a retail food establishment fails to renew their retail food license and pay the required fees by September 1 of the year their license expires, the owner shall be assessed and the Board reimbursed a fee of $50.
d. 
A person purchasing a retail food establishment shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of retail food establishments are required to notify the Board of Health of the impending sale of the establishment no later than 30 days prior to the sale.
[Ord. No. 2007-24 § 1]
The Health Officer or his/her designee shall provide the holder of the retail food license with written notice of any violations of the provisions of this . The notice shall specify the violations found, the required remedial action and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked. If, in the opinion of the Health Officer or his/her designee, the violation(s) constitute an imminent health threat, the license may be suspended or revoked.
[Ord. No. 2007-24 § 1; Ord. No. 2010-05]
The fees for licenses and certificates under this shall be as follows:
a. 
All retail food establishments with a seating capacity:
0-50 seats
$75
51-100 seats
$135
101-150 seats
$200
151+ seats
$265
b. 
Take-out only, with no seating on premises:
0-1,500 square feet
$75
1,501-3,000 square feet
$135
3,001-4,500 square feet
$200
4,501+ square feet
$265
c. 
Caterers and mobile units:
Package foods (per truck)
$150
Packaged ice cream, soda or confectionery ONLY (per truck)
$75
d. 
Food and/or beverage vending machine: $30 per machine
e. 
Temporary food event (five days or less). First day: $30 per vendor; each additional day $10 per vendor.
f. 
Prepackaged snacks and confectionery products only: $45.
g. 
Nonprofit (religious, public school, etc.): no fee.
h. 
Food Handler's Certificate. Application for a food handler's certificate shall be made to the Board of Health for a fee of $10 to be paid upon the filing of said application. Each food establishment shall send a minimum of one manager and/or employee to the Township's Annual Food Handler's Certification Course.
i. 
Food and Beverage Vending Machines. The annual license fee to engage in the business shall be $30 for all types of food and beverage vending machines. However, where any of the following are vended by machine, there shall be an additional annual fee of $15 for each machine vending the following: bulk soft drinks, bulk food products, bottled or bulk milk, soup, coffee, hot cocoa or chocolate, fruit juices, cake, pastry, pie, buttered popcorn, sandwiches and ice cream.
j. 
Reinspection Fee. Whenever additional inspections are necessitated by reason of classification of a retail food establishment as "conditionally satisfactory" or "unsatisfactory" beyond one initial inspection, the owner(s) shall be assessed and the Township reimbursed for the cost of such inspections in the amount of the original license fee applicable to the premises.
[Ord. No. 2007-24 § 1]
The New Jersey State Sanitary Code, 12 is hereby amended as follows:
a.
Section 8:24-6.6, Size, installation and maintenance of plumbing. Subsection (a) is amended by adding the following:
6.
All restaurants, supermarkets and butcher shops must install and properly maintain grease traps. The purpose of said devices shall be to separate, capture and contain all rendered animal fat, all oily matters and all thick lubricants from wastewater discharging from any of the aforementioned food establishments into the sewer system.
7.
In addition to routine inspections by the Health Department, all restaurants, supermarkets and butcher shops must employ at their own expense a licensed plumbing inspector to conduct an annual inspection of their grease traps and connecting wastewater lines to ensure that waste oil and grease is being adequately removed from wastewater being discharged into the sewer system. The inspector will be required to provide a formal inspection report to the Health Department containing his observations.
b.
By the addition of the following: Food Equipment and Utensils. Design, Construction, and Materials; Equipment used or intended to be used for grinding or other processing of pork meats shall be used exclusively for such processing of pork and shall not be used for grinding or processing and intermingling of any other meats.
[Ord. No. 2007-24 § 1]
No vending machine, as defined in the code, shall be stationed in the open area of any premises but shall be confined to an indoor area available to the public during the regular business hours of the day.
[Ord. No. 2007-24 § 1]
No person shall sell or offer for sale or distribution milk, milk products or fluid milk products as specified in N.J.S.A. 24:10-57.1 et seq. without a license issued by the Board of Health.
[Ord. No. 2007-24 § 1]
Application for a seller's license shall be filed with the Secretary of the Board of Health upon forms supplied by the Board, and a license shall be issued to the applicant upon compliance by him with all of the relevant laws of the State of New Jersey, ordinances, rules and regulations of the Board of Health and payment of the license fee.
[Ord. No. 2007-24 § 1]
The license fee for distribution or sale of milk, as above set forth, shall be the sum of $10 for each wagon, vehicle, milk plant, milk depot or premises used for such purpose.
[Ord. No. 2007-24 § 1]
Whenever the Board has reason to believe that any licensee is operating in violation of state law or regulations or ordinances of the Board of Health and shall additionally find that suspension of the license is necessary for the protection of the public health, then the license may be suspended forthwith pending a hearing to ascertain the facts. Such hearing shall be held with dispatch upon the request of the licensee. Upon proof satisfactory to the Board that a violation has occurred, the license may be suspended or revoked. The Board may terminate a revocation or suspension upon proof satisfactory to it that the violation has been corrected.
[Ord. No. 2007-24 § 1]
A code regulating the use, operation and maintenance of coin operated dry-cleaning establishments and licensure thereof, authorizing inspection of dry-cleaning establishments and operations connected therewith and fixing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The code established and adopted by this is described and commonly known as the "Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962)."
[Ord. No. 2007-24 § 1]
Three copies of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) have been placed on file in the offices of the Secretary of the Board of Health and Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
The annual permit fee shall be $10 per machine, and the fee shall be paid to the Treasurer of the Township.
[Ord. No. 2007-24 § 1]
A code declaring ragweed and poison ivy to be a nuisance, providing for removal or abatement thereof and recovery of expenses incurred by the Board of Health in removing or abating such nuisance and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this section is described and commonly known as the "Weed Control Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Weed Control Code of New Jersey (1953) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
The construction, installation, maintenance and operation of incinerators is regulated by State or Federal law, codes, rules and regulations. Inspections, when required by the Township, shall be made by the Board of Health or their designated agency.
[Ord. No. 2007-24 § 1]
All owners of property along the lines of any sewers in the Township shall within 90 days connect their houses and other buildings with the sewer adjoining the property upon notice from the Board of Health to make the connections. A notice served by delivering the same to the owner of the property or by leaving the same at the residence of the owner with a member of the family above the age of 14 years and explaining the contents thereof, or, in case of a nonresident owner, by serving the same upon the resident agent, if any, or by mailing the same by registered mail to the owner's last known post office address shall be deemed a legal notice.
[Ord. No. 2007-24 § 1]
No person shall conduct a rummage sale or a sale for secondhand or used clothing or bedding without a written permit from the Health Officer. The permit shall be issued only after the clothing, bedding, etc. have been washed, boiled or disinfected to the satisfaction of the Health Officer. No articles from any house that has held a case of communicable disease shall be offered for sale.
[Ord. No. 2007-24 § 1]
a. 
Required. No person shall own, possess, harbor or have in custody any dog or cat over six months of age unless the dog or cat has been vaccinated against rabies by a licensed veterinarian, the vaccination to consist of one injection of not less than five cubic centimeters of anti-rabies vaccine of standard and accepted formula and manufactured under a license of the United States Bureau of Animal Husbandry of the Department of Agriculture. Vaccinations shall be repeated at least once during every three years; provided, however, that where inoculations may be dangerous to any dog or cat by reason of age or illness, such inoculation may be excused for a period of six months only upon the filing of a certificate from a licensed veterinarian, certifying that such inoculation is harmful to the dog or cat.
b. 
Services Provided by Township. The Board of Health may annually, during a period of not less than two weeks, to be designated by it, make available to all owners of dogs or cats within the Township free inoculation of dogs or cats from rabies and shall provide the necessary serum and furnish a duly licensed veterinarian to perform inoculations. The cost and expense shall be certified to the Mayor and Council and paid out of the funds received from dog license fees.
c. 
Certificates. The person owning, harboring, possessing or having custody of any dog or cat shall obtain from a veterinarian who inoculates any dog or cat against rabies a certificate that can be presented to the Township as proof that the dog or cat has been immunized.
[Ord. No. 2017-20 § 8-11]
As used in this section, the following terms shall have the meanings indicated:
BODY ART
The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques: 1. Body piercing, 2. Tattooing, and 3. Permanent cosmetic.
BODY ART ESTABLISHMENT
Any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed, provided it is compliant with the Fairfield Township Zoning Ordinance.
BODY ART PRACTITIONER
Any person that performs the act of tattooing, permanent cosmetics and/or ear and body piercing.
CERTIFICATE OF INSPECTIONS
Written approval from the Department that said tattoo studio has been inspected and meets all of the requirements of this section.
DEPARTMENT
The Department of Health of the Township of Fairfield or its duly authorized agent, officer or inspector.
LICENSE TO OPERATE
A license issued to the owner of a tattoo studio to operate a business under the provisions of this section.
OWNER
Any individual, firm, company, partnership, corporation or association that owns and/or operates an establishment where body art is performed.
REGISTRATION
A registration issued to a tattoo artist under the provisions of this section.
TATTOO OR TATTOOING
Any method of placing nontoxic inks or pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.
TEMPORARY BODY ART ESTABLISHMENT
Any booth, building, room, shop, store, structure, or portion thereof, where body art procedures are temporarily performed during a trade show, product demonstration, educational seminar, or special event, for a period of time not more than 14 days.
[Ord. No. 2017-20 § 8-11.1]
This section shall govern all businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of this section are enforceable by the New Jersey State Department of Health and Senior Services and the Township of Fairfield Health Department.
[Ord. No. 2017-20 § 8-11.2]
A code regulating body art establishments and fixing penalties 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 part of it without the inclusion of text.[1]
[1]
Editor's Note: A copy of this code may be found on file in the Township offices.
[Ord. No. 2017-20 § 8-11.3]
The code established and adopted by this section is described and commonly known as the "New Jersey State Sanitary Code, 8, Body Art Procedures N.J.A.C. 8:27-1 et seq.
[Ord. No. 2017-20 § 8-11.4]
a. 
No body art establishment shall be permitted to open for operation until the Health Department has given formal approval by issuance of an appropriate license. All licenses shall expire on December 31 of each year.
1. 
The license shall be displayed in a conspicuous place on the premises where it may readily be observed by all clients.
2. 
No person shall operate a body art establishment whose license has been suspended.
3. 
Proof of professional malpractice liability insurance for each practitioner shall be provided to the Health Department as part of the initial and renewal license application.
[Ord. No. 2017-20 § 8-11.5]
a. 
Any person desiring to engage in body art shall submit an application to the Department of Health in the form prescribed by said Department.
b. 
A fee as provided in this , shall be required for the initial application. A fee shall be required of each new applicant, said fee shall be no more than $125.
c. 
All fees paid pursuant to this section are nonrefundable.
[Ord. No. 2017-20 § 8-11.6]
No person, partnership, firm or corporation shall operate a body art establishment unless such person, partnership, firm or corporation has registered such shop with the Department of Health and has received a certificate of inspection from said Department. No certificate of inspection shall be issued unless the establishment was inspected by the Department of Health and found to be in compliance with the requirements of this section. (N.J.A.C. 8:27-1)
[Ord. No. 2017-20 § 8-11.7]
a. 
Any person desiring to construct, expand, alter, or operate a body art establishment shall apply in writing to the Health Department for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include the following information:
1. 
The applicant's legal name, home address and telephone number, full business name, business address, post office address and telephone number. The application shall also include whether the applicant is an individual, partnership, firm or corporation. If the applicant is a partnership, the names and addresses of the partners shall be included on the application. If the applicant is a corporation, the names and addresses of all corporate officers shall be included on the application;
2. 
Applications must be accompanied by a nonrefundable license fee and an additional nonrefundable fee for each artist performing procedures at the establishment specified on the application, as set forth in this .
(a) 
An application for a license renewal shall be accompanied by a fee, as set forth in this . Any change of ownership shall require a new application and license with payment of fees therefor.
(b) 
All licenses shall expire on the 31st day of December annually. In the event that renovations and/or alterations are made to the body art establishment, plans must be submitted to the Department of Health and the applicant will be required to comply with building and construction codes.
3. 
A statement of approval from the municipal agency responsible for the administration of planning and zoning ordinances for the proposed construction or expansion of the body art establishment;
4. 
A complete description of all services to be provided, the proposed hours of operation, the name of the operator and the names of all practitioners and their exact duties, a copy of the informed consent for each procedure;
5. 
The names and addresses of all manufacturers of processing equipment, instruments, jewelry, and inks used for any and all body art procedures;
6. 
A certificate of current professional malpractice liability insurance;
7. 
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
8. 
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
b. 
Plans and specifications must accompany the application and shall illustrate the location of the proposed establishment and a floor plan of the establishment as it is proposed to be operated. An exact inventory of all processing equipment as it is to be used. Plans shall indicate the layout of the reception area, the procedure areas, the cleaning and sterilization area, the storage area and the toilet facilities, in accordance with the requirements set forth in N.J.A.C. 8:27-1.1 et seq.;
1. 
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
2. 
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Ord. No. 2017-20 § 8-11.8]
In addition to any other penalty that may be imposed by Subsection 8-11.13, after due notice and hearing before the Health Officer of the Township of Fairfield, the Department may suspend or revoke any body art practitioner registration, any license to operate a body art establishment issued pursuant to this section for violations of the provisions of the section.
[Ord. No. 2017-20 § 8-11.9]
In order to qualify for a certificate of inspection there must be compliance with the following requirements:
a. 
The establishment shall be so located or constructed as to prevent the contamination of the work areas of the establishment by dust from the street or sidewalk.
b. 
The building and equipment shall be maintained in a state of good repair at all times. All parts of the establishment shall be kept neat, clean and free from litter and rubbish.
c. 
All walls, ceilings and floors shall be smooth, made of nonporous material and easily cleaned. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floor shall be swept and wet mopped daily. Floors, walls or ceilings shall not be swept or cleaned while tattooing is in operation.
d. 
Adequate light and ventilation shall be provided.
e. 
At least one hand-sink with hot and cold running water under pressure, and equipped with wrist, foot, or sensor operated controls and supplied with liquid soap, disposable paper towels and refuse containers shall be readily accessible and provided for every two work stations within the body art establishment.
f. 
Adequate toilet, urinal and hand washing facilities shall be available on the establishment premises for the use of customers and body art practitioners. Toilets, urinals and hand washing facilities shall be maintained in a sanitary condition at all times.
g. 
Furniture in the procedure rooms shall be of non-porous materials and cleaned and sanitized after each use. The surface of all work tables shall be constructed of metal or other material which is smooth, light-colored, nonabsorbent, corrosive-resistant and easily cleanable and cleaned and sanitized after each use.
h. 
The body art establishment shall have a waiting area that is physically separated from workstations.
i. 
Proper closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the studio shall be provided for each body art practitioner. Sharps containers shall be made available at each location.
j. 
The body art establishment shall have proper facilities for the disposition of waste materials. Written plans are to be submitted to the Health Department for proper disposal.
k. 
No smoking shall be permitted in any body art establishment.
l. 
The holder of any license to operate shall not allow a body art practitioner to perform in his/her body art establishment unless the body art practitioner is the holder of a valid registration as defined in this section.
m. 
The holder of a "license to operate" shall maintain proper records for each patron. A record of each patron shall include the date on which he/she had the body art performed, his/her name and his/her signature, address and age, the design of the body art and its location on his/her body, and the name of the body art practitioner who performed the service. These records shall be entered in ink or indelible pencil in a bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the Department of Health or any law enforcement officer and shall be preserved for at least three years from the date of the last entry therein.
n. 
Only body art shall be permitted in the body art establishment.
o. 
Only single use, all disposable equipment that comes into contact with clients' skin and bodily fluids shall be used. Single use items shall not be used on more than one client for any reason. This includes but is not limited to: tubes, needles, cartridges, grips, clamps and markers.
p. 
Aluminum foil or plastic covers shall be used to protect items and surfaces that may become contaminated by blood or saliva during use and that are difficult or impossible to clean and disinfect. These coverings shall be removed, discarded, and replaced with clean material between clients.
q. 
It shall be a violation of this section for anyone or any tattoo business to perform body art on an individual under 18 years of age without the presence, written consent, and proper identification of a parent or legal guardian. The operator shall be responsible for maintaining a copy of the birth certificate, original consent form and copies of all consent information for a period of three years. The operator shall obtain a copy of government issued photographic identification of all the individuals being tattooed and all records shall be available for inspection upon request.
r. 
Each person wishing to receive a tattoo must first apply to the operator, on a form approved by the Health Department. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the applicant.
s. 
All records regarding tattoos are to be maintained for a minimum of three years. Information required for each applicant referred to in Subsection r is to include the name, age, date of birth, address and telephone number of the applicant as well as the design and location of the tattoo.
t. 
All infections resulting from the practice of tattooing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo establishment or by the tattoo artist.
[Ord. No. 2017-20 § 8-11.10]
a. 
The body art practitioner will use standards of aseptic technique in tattooing, dressing and other operations that are approved by the Department of Health. He/she will use only such germicides and dressings as are approved by said Department. All instruments, needles, stencils, dyes, pigments, dressing materials, razors, and other equipment used by the body art practitioner while tattooing shall be sterile.
b. 
The following minimum standards shall be observed at all times.
1. 
No person, except a duly licensed physician, shall practice body art in any place other than a body art establishment for which a certificate of inspection has been issued.
2. 
It shall be unlawful to perform any body art procedure on an individual who is under the influence of intoxicating liquor or drugs.
3. 
It shall be unlawful to perform any body art procedure on an individual under the age of 18 years without the notarized written consent of a parent(s) or legal guardian of such individual and copy certified birth certificate. Such written consent and birth certificate shall be kept on file as provided in this section.
4. 
No person with any disease in a communicable form or suspected of having such disease shall engage in body art. Such diseases may include but shall not be limited to the common cold, influenza, tuberculosis, scabies, impetigo, syphilis, chickenpox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, AIDS, infection on hands or arms, sore throat or jaundice of the skin or sclera. The Department of Health may require a certificate signed by a duly licensed physician stating that said person is free from communicable diseases before permission to resume operation is granted.
5. 
Immediately after performing body art on a patron, the body art practitioner shall advise that patron in writing on the care of the procedure and shall instruct the patron to consult a physician at the first sign of infection of the body art.
6. 
Each body art practitioner must maintain a high standard of personal cleanliness and must wear a clean outer garment.
7. 
Before working on each patron, each body art practitioner shall thoroughly wash and scrub his/her hands with hot running water, and approved soap. When working on a patron each body art practitioner shall wear disposable non-latex gloves.
8. 
That portion of the patron's skin to be tattooed shall be prepared by washing with hot water and approved soap; by shaving with a sterile safety razor and a single-service blade; and shaving shall be followed by a thorough cleansing with hot water and approved soap applied with a clean, disposable cotton gauze or paper towel.
9. 
The stencils for transferring the design to the skin shall be disposable paper stencils. No plastic or reusable stencils shall be used.
10. 
Single-service or individual portions of dyes or pigments in clean, sterilized, individual containers or single service containers must be used for each patron. After tattooing, the remaining unused dye or pigment in the single service or individual containers must be discarded. All dyes or pigments used in tattooing shall be approved by the Department of Health.
11. 
Storage cabinets shall be maintained in a sanitary condition, and all instruments, dyes, pigments, stencils and other paraphernalia shall, when not being used, be kept in them in an orderly arrangement.
12. 
Work tables shall be kept clean and orderly and shall have washable interiors.
13. 
All rooms used for body art procedures shall be completely separated from any room used for human habitation, food service or other such activity which may cause potential contamination of work surfaces.
14. 
No person, except a duly licensed physician, shall engage in the practice of removing any tattoo.
[Ord. No. 2017-20 § 8-11.11]
a. 
The Health Department shall inspect every body art establishment as often as the Health Department deems necessary using an inspection report form.
1. 
A representative of the Health Department shall provide proper identification.
2. 
During all hours of operation, the operator shall permit access to all parts of the establishment and all pertinent records required for the inspection shall be made available to the Health Department representative for review.
3. 
Results of the inspection shall be made available to the public upon request.
4. 
Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1 et seq. or other provisions of this section and the Health Department determines that a reinspection is necessary, a re-inspection fee shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected within the time prescribed by the Health Department. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.
[Ord. No. 2017-20 § 8-11.12]
Unless another penalty is specifically provided elsewhere in the Code or in law of the State or Federal government, any person who violates any provision of this section, any other chapter of this Code or any other ordinance of the Township shall, upon conviction, be punishable by a fine of no less than $50 not more than $1,000 for each violation. Each day that such violation continues shall be deemed a separate offense.
a. 
Reasonable counsel fees incurred by the Health Department 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.
[Ord. No. 2017-20 § 8-11.13]
Temporary body art establishments shall be prohibited.
[Added 6-24-2019 by Ord. No. 2019-08]
Any business that sells medicinal and/or recreational marijuana and/or promotes the use of marijuana is strictly prohibited in all zones.
[1]
Editor's Note: Former Subsection 8-12.2, Use of Marijuana, was repealed 9-24-2019 by Ord. No. 2019-21.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1 § 1-5, General Penalty, of the Code of the Township of Fairfield.