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:
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.
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:
The requirement of the return to Silver Lake of all fish
and wildlife caught thereat.
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.
