The general power to adopt health ordinances is contained in N.J.S.A. 26:3.1 et seq. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 26:3-77.1 and N.J.S.A. 26:3-78. In addition to the health regulations contained in this Code, the State Sanitary Code (N.J.S.A. 26:1A-9) promulgated by the State Public Health Council is enforceable in every municipality in this State.
This Code shall be cited as the Revised General Ordinances of the Board of Health of the Township of Lakewood, 1999 and may be cited as the Board of Health Code, or Revision or Code when referred to herein.
[1971 Code § BH1-3.1; New]
The provisions of the Board of Health chapters shall apply to any violations on property within the Township. Notice of such violation shall be served upon the owner, agent, lessee, tenant, occupant or other proper person, personally, or, when there is an occupied dwelling on the premises, by leaving same with an adult occupant of such dwelling. The notice shall clearly define the provision violated and shall give not less than one day or more than 10 days for the compliance with the provisions of such section or with the requirements of the Board. The Sanitary Inspector shall determine whether a notice of violation shall be issued.
Except as otherwise provided, no action shall be brought for violation of any of the sections of the Board of Health Code until such notice has been served as hereinabove provided and there has been noncompliance by the party so served.
Notice as required in paragraph a may be dispensed with where there is immediate and serious danger or imminent peril to the health, safety and welfare of the public prior to abatement of the peril or danger.
[1971 Code § BH1-3.2; New]
Any person violating any of the provisions of any chapter herein shall, upon conviction thereof, pay a penalty of not less than $10, nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Township or before any other judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose any and all additional penalties provided by N.J.S.A. 26:3-77 et seq.
[1971 Code § BH1-3.2; New]
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.
All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Treasurer, Township of Lakewood.
[1971 Code § BH1-1]
As used in this Code:
- BOARD OF HEALTH
- Shall mean the Lakewood Township Board of Health.
- BUILDING SEWER
- Shall mean and include street laterals to their point of connection with main street sewer.
- EXECUTIVE OFFICER, HEALTH OFFICER OR SANITARY INSPECTOR
- Shall be interchangeable.
- MULTIPLE DWELLINGS
- Shall mean any house or building or portion thereof which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of two or more families living independently of each other provided each unit has kitchen facilities.
- Shall mean any matter, thing, condition or act which is or may become either detrimental or a menace to the health, safety or welfare of the inhabitants of the Township or may become an annoyance or may interfere with the comfort or general well-being of the inhabitants of the Township. This definition shall not be deemed to exclude the specific enumeration of nuisances set forth hereinafter.
- PERMIT, LICENSE OR CERTIFICATE
- Shall mean the written document issued by the Sanitary Inspector of the Board of Health to a permittee according to the rules and regulations of the Board of Health and of the provisions of this Code.
Every owner, agent, lessee, tenant or occupant of any stall, stable or compartment in which any horses, cattle, or other farm animals are kept, shall at all times keep such stalls, stables or compartments and the drainage yards and appurtenances thereto, in a clean, healthful and wholesome condition free of all offensive smells.
The Sanitary Inspector shall have the authority after written notice to the owner, agent, lessee, tenant or occupant to require the said party to remove all manure or excrement from stables and premises where it may accumulate.
Every stable or shelter housing any horses or cattle shall have an underground and properly covered manure vault, or watertight bin of sufficient capacity to care for all manure that may accumulate in such stable or shelter. Such vault or manure bin shall not be within 30 feet of any building used for residential or commercial purposes, or within 30 feet to the property line of any adjoining lot, street, alley or public place. Such stable or shelter shall be properly ventilated.
[1971 Code § BH1-2.2]
It shall be unlawful to use a common towel for more than one patron in any tavern, hotel, restaurant, clubhouse, public lavatory, public office, shop, store, railway or bus station in the Township. A sufficient quantity of individual towels of a material approved by the Health Officer shall be provided so that each person shall have a separate towel for his own use. Roll towel machines may be used if kept clean and sanitary and available at all times. All used roll towels shall be removed immediately after being used to the end of the roll.
[1971 Code § BH1-2.3]
No rummage or garage or yard sale shall be held without permission of the Sanitary Inspector. No secondhand wearing apparel or bedding shall be sold in the Township unless previously disinfected or dry cleaned.
No secondhand mattress or used mattress may be sold within the Township without properly being disinfected. Any secondhand mattress brought into the Township must be accompanied by a certificate from the Sanitary Inspector having jurisdiction over the locality from whence it is brought, certifying to the fact that it has not been subject to any contamination with infectious or communicable diseases. All secondhand, used or made-over mattresses shall be so labeled and not displayed or sold as new.
Rummage sales may not be held other than by a bona fide nonprofit charitable, civic or fraternal organization. No such organization shall be permitted to hold rummage sales aggregating more than seven days in any calendar year.
[1971 Code § BH1-2.4]
Whenever the Sanitary Inspector has satisfactory evidence that any well has become polluted and rendered unsafe for potable use, notice to discontinue the use of such polluted well shall be sent to the owner, agent, lessee or party in charge of such well. At the discretion of the Sanitary Inspector, the owner, agent, lessee or party in charge of the well shall be ordered by written notice either to correct the condition or to close such well. If the order is not complied with within the time therein specified, this action shall be deemed a violation and the Sanitary Inspector shall cause the well to be closed and filled. The owner, agent, lessee or person in charge shall pay all expenses to bring the well into compliance.
Whenever any premises has a cistern, well or any other exposed opening which contains foul or stagnant water, or is abandoned or in a dangerous condition, the same shall, upon notification by the Board of Health to the owner, be filled with ashes or clean earth in the manner provided above.
[1971 Code § BH1-2.5]
It shall be the duty of every owner of any animal which dies from accident or disease or is killed for any purpose other than consumption for food within the Township to give notice of such death to the office of the Board of Health within two hours of such death. If death takes place after office hours, the notice shall be given at 10:00 a.m. of the following day.
It shall be unlawful for any person to transport within the Township any such dead animal as is described in this section, without first having obtained permission in writing from the Sanitary Inspector. No such permit shall be granted unless there is a written application for the same signed by the owner of the dead animal.
If at any time, in the judgment of the Sanitary Inspector, any dead animal described in this subsection is a nuisance or offensive and likely to become dangerous to public health, or if the owner of the animal shall neglect or fail to apply for and receive a permit under this subsection, or in case the permit shall be given and the owner shall neglect or fail to remove the animal within the time specified in the permit, or within such period of time after the death of the animal, and if in the judgment of the Sanitary Inspector it is proper to prevent the animal from becoming a nuisance or offensive and likely to be dangerous to public health, the Sanitary Inspector shall cause the removal of the dead animal and hold the owner liable for cost of the removal of the animal.
Any permit granted under this subsection shall set forth the regulations in respect to such removal or transportation as, in the judgment of the sanitary inspector, may be necessary and proper to prevent the dead animal from becoming or being a nuisance or offensive and likely to be dangerous to public health. The failure to comply with any regulations shall be considered a forfeiture of the permit and shall subject the person to liability for the cost of removal.
[1971 Code § BH1-2.6]
Adequate sanitary facilities and accommodations shall be furnished by every business, industry and public establishment, particularly as set forth in this subsection.
Bathrooms. Dressing rooms, bathrooms and urinals shall be sufficient in number, ample in size and conveniently located. The rooms shall be provided with windows to admit direct natural light and shall have adequate facilities for artificial light. They shall be properly ventilated, and shall meet all requirements as to sanitary construction and equipment. They shall be separate from the rooms and compartments in which products are prepared, stored or handled. Where both sexes are using the same premises, separate facilities shall be provided.
Modern lavatory accommodations, including running hot and cold water, soap and towels, shall be provided. These shall be placed near or in the bathrooms and also at such other places in the establishment as may be essential to assure cleanliness to all persons handling product.
Toilet soil lines shall be separate from house drainage lines to a point outside the buildings, and drainage from toilet bowls and urinals shall not be discharged into a grease catchbasin.
Food Sanitation. All persons handling food products shall have properly located facilities for the purpose of washing their hands as well as disinfecting any utensils.
Plumbing. There shall be an efficient drainage and plumbing system for all public establishments. All drains and gutters shall be properly installed with approved traps and vents in accordance with the plumbing code.
Light and Ventilation. All rooms and compartments shall have necessary lighting by either natural or artificial means to provide a safe environment. There shall also be sufficient ventilation for all rooms and compartments to insure a sanitary condition.
Water Supply. The water supply shall be ample, clean and potable. There shall be adequate facilities for its distribution in the establishment and its protection against contamination and pollution. Every establishment shall be open for inspection by the Board of Health as to the source of its water supply, its storage facilities and the distribution system. Equipment using potable water shall be so installed as to prevent backsiphonage into the potable water system. Nonpotable water is permitted only in those parts of official establishments where no edible produce is handled or prepared, provided it is only used for limited purposes such as an ammonia condenser not connected with the potable water supply, in vapor lines serving inedible product rendering tanks, in connection with equipment used for hashing and washing inedible products preparatory to tanking and in sewer lines to move along heavy sewage.
In all cases, nonpotable water lines shall be clearly identified and shall not be cross-connected with the potable water supply unless installed in conformity with Chapter 308, Pamphlet Laws of 1942.
Inside Construction. The floors, walls, ceilings, partitions, posts, doors and other parts of all structures shall be of such materials, construction and finish that it can be readily and thoroughly cleaned. Rooms and compartments used for edible products shall be separate and distinct from those used for inedible products.
Dust and Odors. The rooms and compartments in which any food product is prepared or handled shall be free from dust and odors from dressing and bathrooms, catch basins, hide cellars, casing rooms, inedible tank and fertilizer rooms and livestock pens.
Rat and Vermin Control. Precaution shall be taken to exclude flies, rats, mice and other vermin from establishments. The use of poisons for any purpose in rooms or compartments where any unpacked product is stored or handled is forbidden except under such restrictions and precautions as prescribed by law. The use of bait poisons in hide cellars, inedible compartments, outbuildings, or in storerooms containing canned products shall be lawful provided it has been approved by the Board of Health. Rat viruses shall not be used in any part of an establishment or the premises thereof.
Dogs and Cats. Dogs and cats shall be excluded from all business, industrial and public establishments with the following exceptions: dogs used to guard any business or industrial establishment not involving the sale, processing or handling of foodstuffs and dogs, cats or other animals housed in a pet shop or other business engaged in the sale or harboring of animals as a licensed activity.
[1971 Code § BH1-2.7]
No drainage from any closets, bathtubs, laundry tubs, kitchen sinks or similar fixtures shall be permitted to flow upon the ground or be diverted onto or into any surface, subsurface or drain intended to carry away the natural flow of surface or rain water. It shall also be unlawful to permit the flow of water onto or upon any public or private highways. Any drainage must be conducted through vitrified brick, concrete or iron pipe not less than four inches in diameter, to a properly constructed septic system or sewer.
All owners of property abutting any street, roadway, highway or public easement along which a sanitary sewer and/or water main is installed and in operation in the Township or within 100 feet of the terminus of the sewer and/or water line are hereby required to connect any dwellings or other buildings which have sewer and/or water facilities with the sewer and/or water main in the street, roadway, highway or public easement abutting the property.
Should any property owner fail or neglect to connect the sewer and/or water line from the building to the street main he shall be given notice by the Board of Health that the sewer and/or water connection must be made within 30 days after the date of receipt of the notice.
Whenever a sewer and/or water line is installed in two connecting streets, so that it proceeds down one street and then makes an angle turn into an adjoining street, all property situated within 100 feet of the sewer and/or water line at the corner or intersection wherein it makes such a turn are hereby required to connect to the sewer and/or water line whether the line proceeds directly in front of their property or not, as long as the line comes within 100 feet of the property.
In the event sewer and/or water lines are installed as set forth above, all property owners with buildings containing toilets, lavatories or sink facilities shall hook up the sewer and/or water lines servicing the facilities to the sewer and/or water lines within 30 days after the date of completion of the installation for the sewer and/or water lines.
Notwithstanding the provisions of this section, water and/or sewer connections are required only in the following circumstances:
The Township Board of Health has declared an emergency and/or determined that failure to hook up would be detrimental to the health, safety and welfare of the occupants or the general public.
The installations are mandated by the Lakewood Municipal Utilities Authority (MUA) or Ocean County Municipal Utilities Authority (OCMUA).
The sale or transfer of ownership of any premises covered by paragraphs a through d of this section, for water connections only.
[1971 Code § BH1-2.8]
No person shall occupy any building or premises previously shut down or condemned by order of the Board of Health or Health Officer without first obtaining a certificate from the Board of Health or Health Officer certifying that the building or premises is in proper sanitary condition to permit occupancy or reoccupancy thereof.