Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
The powers of a local Board of Health are exercised by the Borough Council. The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 26:3-70, 71. The statutory power to adopt health codes by reference is contained in N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained in this Chapter, the State Sanitary Code promulgated by the State Public Health Council is by reason of N.J.S.A. 26:1A-9 enforceable in every municipality in this State.
[1966 Code § 11-1.1]
A Code regulating retail food establishments, providing for the inspection of such establishments and fixing penalties for violations, is hereby established in and for the Borough of Belmar pursuant to Revised Statutes 26:3-69.1 to 69.6. A copy of that Code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[1966 Code § 11-1.2]
The Code established and adopted by this section is annexed hereto and made a part hereof without the inclusion of the text thereof, is described and commonly known as the "Retail Food Handling Establishment Code of New Jersey (1965)."
[1966 Code § 11-1.3]
Three copies of the "Retail Food Establishment Code of New Jersey (1965)" have been placed on file in the office of the Borough Clerk and shall remain on file for the use and examination of the public.
[1966 Code § 11-1.4]
No person shall conduct a retail food establishment as defined in and governed by the aforesaid Code without first having procured a license from the Borough Clerk.
[1966 Code § 11-1.5]
The fees for licensing of retail food establishments shall be as prescribed in Chapter 20, Section 20-6 of this revision. In addition to the fees prescribed by Section 20-6 there shall be an additional fee of $15 charged for issuance of a retail food handling license. The license shall be issued subject to Monmouth County Board of Health inspection and approval of the premises for which the license is issued.
[1966 Code § 11-1.6]
Any license obtained under this section shall be conspicuously placed in the licensed establishment.
[1966 Code § 11-1.7]
Any license issued under the terms and provisions of this section may be suspended or revoked by the Borough Council for any violation of the "Retail Food Establishment Code of New Jersey (1965)," in accordance with the provisions concerning revocation and notice of hearing contained in Chapter 20.
[1966 Code § 11-2.1]
Pursuant to Chapter 188 of the 1950 Laws of New Jersey, the "Public Health Nuisance Code of New Jersey (1953)" is hereby adopted by reference, with the exception of Sections III, IV and VI. A copy of that Code as adopted is annexed hereto and made a part hereof without the inclusion of the text thereof herein. The Code defines and prohibits certain matters, things, conditions or acts and each of them as a nuisance, authorizes the inspection of premises by the Borough Health Officer or his/her duly designated agent and provides for removal or abatement of certain nuisance, as well as recovery of expenses incurred by the Division of Health in removing or abating such nuisances.
[1966 Code § 11-2.2]
Three copies of the "Public Health Nuisance Code of New Jersey (1953)," plainly marked as to the sections adopted, have been placed on file in the office of the Borough Clerk and will remain on file for the use and examination of the public.
[1966 Code § 11-2.3]
Any person who violates or neglects to comply with any provision of the Code as adopted shall, upon conviction thereof, be liable to a penalty of not less than $5 nor more than $500 for each violation.
[Ord. No. 2013-13]
It has been well established by the Department of Health that the feeding of wild animals is both detrimental to the animals and causes a public health nuisance and safety hazard that is detrimental to the health and general welfare of the public.
[Ord. No. 2013-13]
As used in this section, the following terms shall have the meanings indicated:
WATER FOWL
Shall include any bird that frequents the water, or lives about rivers, lakes, etc., or on or near the sea; an aquatic fowl, including but not limited to ducks, geese, swans, heron and egrets.
WILD ANIMAL
Shall include any animal, which is not normally domesticated in this State, including but not limited to bears, coyotes, deer, feral cats, foxes, groundhogs, opossums, raccoons, squirrels, skunks and waterfowl.
[Ord. No. 2013-13]
a. 
No person shall purposely or knowingly, as said terms are defined in Title 2C of the New Jersey Revised Statutes, feed, bait, or in any manner provide access to food to any wild animal or waterfowl in the Borough of Belmar, on lands either publicly or privately owned. This section shall not apply to the feeding of farm animals.
b. 
No person shall purposely or knowingly leave or store any refuse, garbage, food product, pet food, forage product or supplement, salt, seed or birdseed, fruit or grain in a manner that would constitute an attractant to any wild animal or waterfowl.
c. 
No person shall fail to take remedial action to avoid contact or conflict with wild animals, which may include the securing or removal of outdoor trash, cooking grills, pet food, bird feeders or any other similar food source or attractant after being advised by the Borough to undertake such remedial action. Further, after an initial contact or conflict with a wild animal, no person shall continue to provide, or otherwise fail to secure or remove, any likely food sources or attractants, including, but not limited to, outdoor trash, grills, pet food or bird feeders.
d. 
Nothing in this section shall apply to (1) any agent of the Borough of Belmar authorized to implement an alternative control method set forth in any approved community based deer management plan and possessing a special deer management permit issued by the New Jersey Division of Fish and Wildlife in accordance with the provisions of P.L. 2000, c.46, or (2) any hunter engaging in baiting for the purpose of hunting pursuant to a valid hunting license issued in accordance with the provisions of Title 23 of the New Jersey Revised Statutes.
[Ord. No. 2013-13]
Feeding of other songbirds and other backyard birds shall be permitted outdoors at such times and in such numbers that: (1) such feeding does not create an unreasonable disturbance that affects the rights of surrounding property owners and renders other persons insecure in the use of their property and; (2) does not create an accumulation of droppings on the property and surrounding properties and; (3) does not become an attractant for rodents or other wild animals and; (4) bird feeders are placed at least five feet above the ground.
[Ord. No. 2013-13]
a. 
Each property owner shall have the duty to remove any above named materials or device placed on the owner's property in violation of this section.
b. 
Failure to remove such materials or device or to make such modifications within 24 hours after notice from the Borough shall constitute a separate violation of this section.
c. 
Health Department personnel, Animal Control Officers and all Police Officers of the Borough of Belmar are hereby given full power and authority to enforce this section.
d. 
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this section.
[Ord. No. 2013-13]
Any person violating any provision of this section shall be liable to a fine not less than $50 or more than $500 for each offense, together with the costs of prosecution. A separate offense shall be deemed committed on each day or part of each day during which a violation occurs or continues.
[Ord. No. 2013-13]
Every subsection of this section or subdivision or separate part thereof shall be considered a separate provision to the intent that if any portion shall be declared unconstitutional it shall not affect the remaining parts of this section.
[Added 6-16-2020 by Ord. No. 2020-28]
The purpose of this section is to establish Silver Lake as a catch-and-release facility for purposes of enhancing opportunity for recreation fishermen and to stabilize wildlife in the lake.
As used in this section, the following terms shall have the meanings indicated:
CATCH AND RELEASE
The requirement of the return to Silver Lake of all fish and wildlife caught thereat.
FISH
The fish and wildlife living in Silver Lake.
a. 
Silver Lake is designated as a catch-and-release facility, and all wildlife and fish caught, trapped or extracted from said lake shall be returned immediately to the lake, and every reasonable effort must be taken to maintain the health and life of the wildlife.
b. 
It shall be a violation of this section for any person to deposit any fish, and/or other wildlife of any kind, into Silver Lake, other than in accordance with the catch-and-release requirements of Subsection a above, without the express authorization and directive from the Department of Public Works or Borough Engineer.
Anyone convicted of violating this article shall be subject to the applicable sanction provisions provided for in § 24-3.6, Penalties, of this Code.
The Police Department shall be charged with enforcing this section.