Township of West Orange, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: The powers of the local Board of Health are exercised by the Township Council in the Township of West Orange. The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. 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 by N.J.S.A. 26:1A-9 enforceable in every municipality in this State.
[1972 Code § 11-8]
There shall be, when appointed by the Township Council, Special Health Reporting Officers who shall promptly report to the Department of Health every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The Police and Fire Officers, the Code Enforcement Officer and the Engineer may be designated as Special Health Reporting Officers.
[1972 Code § 11-1.1]
A code regulating retail food establishments and fixing penalties is hereby established pursuant to Chapter 188, Laws of 1950. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
[1972 Code § 11-1.2]
The code established and adopted by this chapter is described and commonly known as the "Retail Food Establishment Code of New Jersey (1965)."
[1972 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 Clerk of the Township and will remain on file in such office for the use and examination of the public.
[1972 Code § 11-9.1; Ord. No. 254-73 § 1]
FOOD
Shall include any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATE
Shall mean a permit or a license issued or granted to any person by the Health Department.
[1972 Code § 11-9.2; Ord. No. 254-73 § 1]
No employer shall employ any person for more than 30 days in the preparation or processing of food intended for human consumption unless the person so employed shall have a Food Handler's Certificate.
A person may engage in or be employed in the business or service of preparing and processing food intended for human consumption for a period not exceeding 30 days provided that written application is made for the Food Handler's Certificate to the Health Department.
[1972 Code § 11-9.3; Ord. No. 254-73 § 1]
The Food Handler's Certificate shall not be issued or granted to any person unless the person seeking a Food Handler Certificate shall have first completed a course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
A Food Handler's Certificate may be granted to persons taking a comparable course of instruction in another municipality approved by the Health Department.
[1972 Code § 11-9.4; Ord. No. 254-73 § 1; Ord. No. 730-84 § 8]
Application for the Food Handler's Certificate shall include a fee of $3 payable to the Township. All fees shall be placed in a fund used for the upgrading of instructional materials and the purchasing of audio-visual equipment. Monies shall be left in the fund for the prescribed usage for a period of three years. Thereafter, monies shall be transferred to the General Account.
[1972 Code § 11-9.5; Ord. No. 254-73 § 1]
No person to whom a Food Handler's Certificate is issued or granted shall give, loan, transfer or permit the same to be used by any other person, for any purpose whatsoever.
[1972 Code § 11-9.6; Ord. No. 254-73 § 1]
The Director of Health and Welfare reserves the right to suspend or revoke any Food Handler's Certificate issued or granted upon a showing of good cause and on written notice to any person holding a Certificate.
[1972 Code § 11-9.7; Ord. No. 254-73 § 1]
All owners or managers or supervisors shall renew their Food Handler's Certificate annually.
[1972 Code § 11-9.8; Ord. No. 254-73 § 1]
All employees engaged in the business or service of preparing and processing food intended for human consumption shall at all times keep and maintain accurate records of the name and address of each employee, date of employment, the date of issuance and certificate number of the Food Handler's Certificate. The records shall be available at all times for inspection by the Director of Health and Welfare or his/her duly authorized representatives.
[1972 Code § 11-9.9; Ord. No. 254-73 § 1]
Any person violating any of the provisions of the section shall, upon conviction, be subjected to the penalty stated in Chapter 1, Section 1-5.
[1972 Code § 11-2.1]
A code regulating the use, operation and maintenance of food and beverage vending machines and licensure thereof; prohibiting the sale or possession with intent to sell through vending machines of adulterated or misbranded foods or drinks; authorizing inspection of vending machines and operations connected therewith; and fixing penalties for violations thereof is hereby established pursuant to Chapter 199, Laws of 1950. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
[1972 Code § 11-2.2]
The code established and adopted by this chapter is described and commonly known as the "Food and Beverage Vending Machine Code of New Jersey (1961)."
[1972 Code § 11-2.3]
Three copies of the "Food and Beverage Vending Machine Code of New Jersey (1961)" have been placed on file in the office of the Clerk of the Township and will remain on file in such office by the use and examination of the public.
[1972 Code § 11-3.1]
As used in this section:
ENFORCING OFFICIALS
Shall mean and include the Health Officer or other official authorized by the Township Council to enforce this section.
[1972 Code § 11-3.1]
This section shall be known as the "nuisance code."
[1972 Code § 11-3.2]
The following matters, things, conditions, or acts and each of them are hereby declared to be a nuisance and injurious to the health of residents of the Township when they are affected thereby:
a. 
Any matter, thing, condition or act which is or may become detrimental or a menace to health.
b. 
Any matter, thing, condition or act which is or may become an annoyance or interfere with their comfort or general well being.
c. 
Pollution or existence of a condition or conditions which cause or threaten pollution of any waters in the Township in such manner as to cause or threaten injury to health, comfort or property.
d. 
The escape into the open air from any stack, vent, chimney or any entrance to the open air or from any fire into the open air of such quantities of smoke, fly ash, dust, fumes, vapors, mists or gases as to cause injury, detriment, or annoyance or to endanger comfort, repose, health or safety.
e. 
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
f. 
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies and to which flies have access or in which fly larvae or pupae breed or exist.
g. 
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
h. 
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
i. 
Throwing or permitting to be deposited or scattered upon any sidewalk, alley, street, bridge or public passageway or upon any private or public property any waste or other material of any kind or nature.
j. 
Expectorating upon any sidewalk, street, floor in public buildings or upon any other private or public place.
k. 
The existence of any open pit or incomplete foundation for a period of eight weeks or more.
It shall be unlawful for any person to commit, maintain or allow any nuisance as declared and described in this section.
[1972 Code § 11-3.3]
It shall be unlawful for any person to rent, lease or otherwise permit the occupancy of any building as a residence or for any person to reside in any building as its owner which:
a. 
Is not adequately and properly ventilated.
b. 
Fails to provide potable water at sufficient pressure and quantity for each family unit from a public supply approved by the State Department of Health or from a private supply approved by the Enforcing Official.
c. 
Does not have plumbing fixtures consisting of a kitchen sink, bathtub or shower, lavatory and flush toilet connected to the potable water supply.
d. 
Does not have facilities for the discharge of all household liquid wastes into a public sewerage system approved by the State Department of Health or into a private sewerage system approved by the Enforcing Official.
[1972 Code § 11-3.4]
a. 
All places and premises in the Township shall be subject to inspection by the Township Council or by the Enforcing Official if the Township Council or the Official has reason to believe that any subsection of this section is being violated.
b. 
It shall be unlawful for any person to hinder, obstruct, delay or resist or prevent the Council or the Enforcing Official from having full access to any place or premises upon which a violation of this Code is believed to exist.
[1972 Code § 11-3.5; Ord. No. 1660-99 § II]
a. 
Whenever a nuisance as declared by subsection 12-5.3 is found on any plot of land, lot, right of way or any other private premises or place, notice in writing shall be given to the owner thereof to remove or abate the nuisance within such time as shall be specified therein but not less than five days from the date of service thereof. A duplicate of the notice shall be left with one or more of the tenants or occupants of the premises or place. If the owner resides out of the State or cannot be notified speedily, the notice shall be left at that place or premises; and such action shall be considered proper notification to the owner, tenant or occupant.
b. 
If the owner, tenant or occupant upon being notified as provided by this subsection shall not comply with the notice within the time specified therein and fails to remove or abate the nuisance, the Township Council shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Council shall deem proper.
c. 
Whenever a nuisance as declared by subsection 12-5.3 is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the nuisance within such time as shall be specified therein. If this person fails to comply with the notice within the time specified, the Township Council may remove or abate the nuisance in the manner provided in the case of a like condition existing on a private premises or place.
d. 
Notwithstanding the foregoing, in the event that the Director of the Health Department or his designee find a significant public health hazard or nuisance, the Health Officer of his/her designee may immediately issue such summonses or directives as may be necessary to safeguard, remove or abate the nuisance of other condition.
[1972 Code § 11-3.6]
The Township Council may institute a civil action to recover costs incurred by it in the removal or abatement of any nuisance from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of the premises who after notice and notification as herein provided shall fail to remove and abate the nuisance within the time specified in the notice.
[1972 Code § 11-3.7]
This section shall be enforced by the Township Council or an official appointed by the Council.
[1972 Code § 11-5.1; Ord. No. 1298-94 § 1]
No person shall sell or deliver ice within the Township without first having obtained an annual license issued by the Health Department. Every license shall be nontransferable and its terms shall run from January 1 to December 31 of each year.
[1972 Code § 11-5.2; Ord. No. 730-84 § 6; Ord. No. 1298-94 § 2]
Any person applying for a license shall make written application therefor on forms prepared and distributed by the Health Department. A license fee of $10 shall be paid for each vehicle used by the applicant in the sale or delivery of ice.
[1972 Code § 11-5.3]
The Health Department may refuse to issue or may at any time revoke any license to sell ice upon failure to comply with any of the statutes, ordinances, rules and regulations regarding ice or when such refusal or revocation may be deemed necessary by the Health Department for the protection of the public health.
[1972 Code § 11-5.4]
A person engaged in the sale or delivery of ice shall not change his/her source of supply without giving notice to that effect to the Health Department, nor shall be/she sell or deliver ice which is unfit for health reasons or which has been cut or made from any impure or polluted water or which is obtained from a source which is not approved by the Health Department.
[1972 Code § 11-5.5]
A person shall not sell or deliver ice in vehicles that are used for any other purpose.
[1972 Code § 11-5.6]
A person engaged in the sale or delivery of ice shall permit any authorized representative of the Health Department at any time to take samples as may be deemed necessary.
[Ord. No. 1309-94 § 1]
As used in this section:
HEALTH DEPARTMENT
Shall mean the Department of Health and Welfare of the Township of West Orange.
INDIVIDUAL SUBSURFACE SEWAGE DISPOSAL SYSTEM
Shall mean any system, device or instrumentality commonly known as a privy vault, cesspool, septic tank and the like.
PERSON
Shall mean an individual, partnership, sole proprietorship, corporation, unincorporated association, or professional association or joint venture.
TOWNSHIP
Shall mean the Township of West Orange.
[Ord. No. 1309-94 § 1]
Chapter 199 of the New Jersey Administrative Code (N.J.A.C. 7:9A-1.1) is hereby incorporated by reference into this ordinance and the regulations set forth therein shall control the construction and maintenance and operation of individual subsurface sewage disposal systems in the Township. It is commonly known as "The Standards for Individual Subsurface Sewage Disposal Systems."
[1972 Code § 11-6.1; Ord. No. 1309-94 § 2]
No individual subsurface disposal system in the Township shall be constructed, maintained or altered unless a permit for that purpose is first obtained from the Health Department.
[Ord. No. 1309-94 § 3]
No person may obtain a permit to construct, alter, or maintain an individual sewage disposal system without first submitting a plan for approval by the Health Department which plan has been prepared and certified by an engineer licensed to practice in New Jersey. Any modifications to the initial plan submitted must also be approved by the Health Department prior to construction or alteration. This plan and any modifications thereto shall be in addition to any other approvals required by Township ordinances or State law.
[Ord. No. 1309-94 § 4]
There shall be a nonrefundable $100 fee for the permit required by subsection 12-7.3 which must accompany the filing with the Health Department of the plan required by subsection 12-7.4.
[Ord. No. 1309-94 § 5]
No permit shall be issued for the construction or alteration of an individual sewage disposal system unless the type, method of construction and location of the system shall be approved by the Health Department and meet all appropriate Township and State codes.
[Ord. No. 1309-94 § 6]
No person may operate or utilize an individual sewage disposal system without first obtaining from the Health Department a permit to operate such system. There shall be a $5 fee for the issuance of the permit.
[Ord. No. 1309-94 § 7]
No individual sewage disposal system shall be constructed, maintained or altered on any lot or premises whose boundaries are within 100 feet of an existing sewer connection.
[Ord. No. 1309-94 § 9]
Whenever any individual sewage disposal system is abandoned or taken out of use either voluntarily or by order of the Health Department or other tribunal or agency its privy vault, cesspool or septic tank shall be filled with fresh earth unless otherwise ordered by the Health Department.
[Ord. No. 1309-94 § 1]
No person shall operate or maintain an individual subsurface sewage disposal system that is in disrepair or otherwise causes a nuisance by discharging waste outside of the approved system or by causing odors to emanate due to a malfunctioning system unless within any time frame allowed by the Health Department for correction.
[Ord. No. 1309-94 § 10]
a. 
Any person violating any provision of this section shall be subject to a cease and desist order from the Health Department. Any violation of a cease and desist order shall be subject, upon conviction, to a fine in Municipal Court of $50 per day for each day that the violation continues.
b. 
The Health Department shall also have discretion to bring an action in Municipal Court charging any person violating this section with maintaining a nuisance.
[1]
Editor's Note: Prior ordinance history: Ordinance No. 1310-94 as amended by Ordinance No. 1343-95.
[Ord. No. 1388-96 § 1; Ord. No. 1440-97; Ord. No. 2480-16 § 2]
The purpose of this section is to prohibit the sale of tobacco and nicotine delivery products to persons under the age of 21. The Township Council recognizes the dangers and health risks associated with teenagers and young persons who start smoking, as set forth in various studies conducted by the United States Department of Health, the American Cancer Society, and surveys conducted by other entities. The Township of West Orange has concluded that it is appropriate to prohibit the sale of tobacco and nicotine delivery products within the Township of West Orange to persons under the age of 21.
The Township Council adopts the following findings with respect to this section:
a. 
Cigarette smoking causes about one out of every five deaths in the U.S. every year. (Centers of Disease Control and Prevention, 2014).
b. 
90% of all tobacco users start before age 21. (Campaign for Tobacco-Free Kids, 2015).
c. 
Every day, more than 1,200 people in this country die due to smoking. (U.S. Surgeon General, 2016).
d. 
The younger a child begins smoking, the more likely it is that he/she will become a heavy smoker as an adult. (Surgeon General's Report, 1994).
e. 
As of 2015, the American Academy of Pediatrics strongly recommends the minimum age to purchase tobacco products, including e-cigarettes, be increased to age 21.
f. 
Raising the minimum age of legal access to tobacco products to at least 21 years old would significantly reduce smoking rates, resulting in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for persons born between 2000 and 2019. (Institute of Medicine, 2015).
g. 
75% of U.S. adults support raising the age of tobacco product sales to age 21 (U.S. Centers for Disease Control and Prevention, 2015).
h. 
Teens that use e-cigarettes have a willingness to start smoking conventional cigarettes, more so than teens that do not use e-cigarettes. (Tobacco Control Journal, 2015).
i. 
E-cigarette use amongst high school students has tripled from 2013 to 2014. (Center for Disease Control, 2015).
[Ord. No. 1388-96 § 2; Ord. No. 1440-97 § 2; Ord. No. 2480-16 § 3]
As used in this section:
HEALTH DEPARTMENT
Shall mean the Department of Health and Welfare of the Township of West Orange.
HEALTH OFFICER
Shall mean the Health Officer of the Township of West Orange or his/her designee.
LICENSE
Shall mean any license issued by the Township including, but not limited to, a liquor license, a license to sell or distribute food and beverages or a license to permit vending machines and/or mechanical amusement devices.
LIQUOR LICENSE
Shall mean any license to sell or distribute alcoholic beverages issued by the Township pursuant to the laws of the State of New Jersey.
MINOR
Shall mean any male or female under the age of 18 years of age.
NICOTINE DELIVERY PRODUCT
Shall mean any product that is designed to deliver nicotine, nicotine vapor or non-nicotine vapor, including but not limited to, any type of electronic smoking device defined as an electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related product, including but not limited to, any substances used in such devices, such as liquids or powders or other forms of tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
PERSON
Shall mean an individual, partnership, corporation, cooperative association, personal representative, receiver, trustee, assignee or any other legal entity.
PUBLIC PLACE
Shall mean any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the Township and maintained for use by the general public.
TOBACCO
Shall mean any product made from the tobacco plant for the purpose of including but not limited to smoking, chewing, inhaling or other use including but not limited to cigars, chewing tobacco, pipe tobacco, snuff, shisha and cigarettes in any form or shall mean any other matter or substance which can be smoked.
TOBACCO RETAILER
Shall mean any person that operates a store, stand, booth, concession or place at which sales of tobacco are made including a person that owns, operates or uses a vending machine and/or a vending machine location.
TOWNSHIP
Shall mean the Township of West Orange.
VENDING MACHINE
Shall mean any automated self-service device which, upon insertion of money, tokens or other form of payment, dispenses a tobacco product.
VENDING MACHINE LOCATION
Shall mean the room, enclosure, space or area where a tobacco product vending machine is installed and/or operated.
[Ord. No. 1388-96 § 3; Ord. No. 1440-97 § 3; Ord. No. 2480-16 § 4]
a. 
No person shall sell, distribute or give tobacco or nicotine delivery products in the Township of West Orange unless an employee of the establishment controls the sale of such products. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco or nicotine delivery products shall be prohibited.
b. 
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21 years.
c. 
No person or tobacco retailer selling tobacco or nicotine delivery products shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the West Orange Ordinances and State laws pertaining to the sale or distribution of tobacco and nicotine delivery products and has signed a statement that they have read such ordinances and State laws. Such form statement will be supplied by the Health Department and all signed original statements shall be kept on file by the tobacco retailer and made immediately available at all times for review by the Health Department. All retailers shall be in compliance with this provision by the effective date noted in subsection 12-8.16.
[Ord. No. 1388-96 § 4; Ord. No. 1440-97 § 4; reserved by Ord. No. 2480-16]
[Ord. No. 1388-96 § 5; Ord. No. 1440-97 § 5; Ord. No. 2480-16 § 6]
No retailer, employee or other person shall sell, distribute or give tobacco or nicotine delivery products unless they shall verify by means of government-issued photographic identification containing the bearer's date of birth and that no person purchasing the tobacco or nicotine containing products is younger than 21 years of age. No such verification is required for any person over the age of 26. No person shall sell, distribute or give tobacco or nicotine delivery products to a person less than 21 years of age who has a note or any form of communication from any person.
[Ord. No. 1440-97 § 6]
It shall be unlawful for any minor to use tobacco in and/or on any public place or to possess in open view, an opened pack, opened carton or other opened container holding a tobacco product in any public place unless in the presence of a parent or guardian. A broken seal on any package or other container shall be evidence of an open container.
[Ord. No. 1388-96 § 6; Ord. No. 1440-97 § 7; Ord. No. 2480-16 § 7]
The following six inch by eight inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and/or nicotine delivery products:
SALE OF TOBACCO PRODUCTS OR NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO SELLS OR OFFERS TO SELL A TOBACCO PRODUCT OR A NICOTINE DELIVERY PRODUCT TO A PERSON UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUTES AND TOWNSHIP OF WEST ORANGE ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE WEST ORANGE HEALTH DEPARTMENT AT (973) 325-4120.
[Ord. No. 1388-96 § 7; Ord. No. 1440-97 § 8; Ord. No. 2480-16 § 8]
a. 
Tobacco product vending machines are expressly prohibited unless a tobacco retailer demonstrates to the satisfaction of the Health Officer that only persons over 18 are permitted on the premises or location at any time and under any circumstances. The Health Officer may also obtain from any tobacco retailer a sworn statement that the premises or location is only accessible to persons over 18.
b. 
At any premises or location where a tobacco product vending machine is permissible no such machine is permissible unless its operation is possible only by the activation of an electronic switch or device which is installed on the vending machine and controlled by the tobacco retailer or designated employee over the age of 18 from a location separate and distinct from the vending machine. In addition the vending machine must be in full view of the person activating the electronic switch or device and prior to activation the tobacco retailer or employee over 18 must obtain written proof that the person desiring to use the machine is not a person under the age of 21.
[Ord. No. 1388-96 § 8; Ord. No. 1440-97 § 9]
Any electronic switch or device required to be installed by this section must be placed in operation within 20 days of the effective date hereof. All such devices shall be subject to inspection and approval by the Health Department.
[Ord. No. 1388-96 § 9; Ord. No. 1440-97 § 10]
It shall be unlawful for a tobacco retailer to operate a tobacco vending machine in any premises or portion thereof located within 200 feet of any public or private school or other property used primarily for school activities. Calculation of 200 feet shall be in the same manner as for the placement of alcoholic beverage licenses.
[Ord. No. 1388-96 § 10; Ord. No. 1440-97 § 11]
It shall be unlawful for any tobacco retailer responsible for the operation of a vending machine to remove, disconnect or otherwise disable or permit another person to remove, disconnect or otherwise disable the remotely activated electronic switch or device placed on any vending machine as required by this section.
[Ord. No. 1388-96 § 11; Ord. No. 1440-97 § 12]
A vending machine which is not permitted under this section, may be seized, forfeited and disposed of in the same manner as other unlawful property seized under N.J.S.A. 2C:64-1 et seq. Any machine so seized shall be returned to its owner upon payment of the reasonable costs incurred in connection with the seizure, and any fine imposed by the Municipal Court.
[Ord. No. 1388-96 § 12; Ord. No. 1440-97 § 13; Ord. No. 2480-16 § 9]
a. 
Whenever the Health Officer, or his or her designee, or a Police Officer of the Township of West Orange reasonably believes there exists a violation of this section, such officer shall issue a summons and complaint not later than 30 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the subsection(s) of this section alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
b. 
The Health Officer, his/her designee or a Police Officer of the Township, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premise, place, person, record, incident or event as necessary to enforce the provisions of this section.
c. 
It shall be unlawful for any person to molest, willfully oppose, or otherwise act to interfere with or obstruct the Health Officer or his/her designee or any Police Officer in the performance of duties under this section. The Health Officer or designee may request the assistance of the Police Department when necessary to execute his or her official duty in the manner prescribed by law.
d. 
Citizens may bring complaints against violators of this section.
[Ord. No. 1388-96 § 13; Ord. No. 1440-97 § 14; Ord. No. 1740-01 § II; Ord. No. 2480-16 § 10]
a. 
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this section shall, upon conviction thereof, pay a fine of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. The complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
b. 
In addition any violator of this section shall be subject to having any Township License, held by the violator, suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
c. 
Any person who continually violates this section may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
d. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
e. 
Each sale of tobacco and or nicotine delivery product to any person under the age of 21 shall constitute a separate violation.
f. 
Fines and sanctions associated with this section shall be dedicated and forwarded to the Health Department to be used in connection with education and enforcement of this ordinance. The monies shall be maintained by the Chief Financial Officer or Comptroller of the Township of West Orange.
[Ord. No. 1388-96 § 14; Ord. No. 1440-97 § 15]
This section shall be liberally construed for the protection of the health, safety and welfare of the residents of the Township.
[Ord. No. 1388-96 § 17; Ord. No. 1412-96 § 4; Ord. No. 1440-97 § 18; Ord. No. 2480-16 § 11]
This section shall take effect as of July 1, 2016.
[Ord. No. 1732-00 § I]
The purpose of this section is to promote health and safety in the Township of West Orange ("the Township").
[Ord. No. 1732-00 § II]
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this subsection shall govern the construction, meaning and application of words and phrases as used in this section:
BODY PIERCING
Shall mean piercing of the skin for the express intention of the insertion of any object, including but not limited to jewelry; provided, however, that the piercing of the lobes of the ears shall be specifically excluded from the purview of this section.
CERTIFICATE OF INSPECTION
Shall mean the written approval from the Health Officer or its designated representative that the tattooing establishment has been inspected and meets all requirements of this section relating to physical facilities, equipment and layout for the operation of a tattoo and body piercing establishment.
EMPLOYEE
Shall mean any person over 18 years of age, other than an operator who renders any service in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the operator of the business or its patrons.
OPERATOR
Shall mean any individual, firm, company, corporation or association that owns or operates an establishment where tattooing and body piercing is performed, and any individual who performs or practices the art of tattooing and body piercing on the person of another.
OSTEOPATH
Shall mean and include any person authorized to practice osteopathic medicine pursuant to the laws of the State of New Jersey.
PATRON
Shall mean any person over 16 years of age who receives a tattoo under such circumstances and it is reasonably expected that he or she will pay money or give other consideration therefor.
PHYSICIAN
Shall mean and include any person authorized to practice medicine pursuant to the laws of the State of New Jersey.
TATTOO, TATTOOED AND TATTOOING
Shall mean and refer to any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.
[Ord. No. 1732-00 § III]
a. 
No person shall engage in or carry on the business of operating a tattoo or body piercing establishment unless he or she has a valid diploma and is authorized to practice medicine or osteopathic medicine pursuant to the laws of the State of New Jersey and has a valid permit issued by the Township pursuant to the provisions of this section for each and every separate office or place of business conducted by such person within the Township.
b. 
No person shall tattoo the body of any other person or practice the art of tattooing upon the person of another or engage in body piercing upon the person of another unless it is done by a physician or osteopath or by a person in the presence and under the direction of a physician or osteopath.
[Ord. No. 1732-00 § IV]
Any person desiring a permit to operate a tattoo or body piercing establishment shall file a written application with the Health Officer on a form to be furnished by the Department of Health. The applicant shall accompany the application with a tender of the correct permit fee, as hereinafter provided, and shall, in addition, furnish the following:
a. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
b. 
The name, style and designation under which the business or practice is to be conducted.
c. 
The business address and all telephone numbers of the business to be conducted.
d. 
The following personal information concerning the applicant, if an individual, and concerning each stockholder holding more than 10% of the stock of the corporation, each officer and each director, if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the manager or other person principally in charge of the operation of the business:
1. 
Name, complete residence address and residence telephone number.
2. 
The two previous addresses immediately prior to the present address of the applicant.
3. 
Written proof of age.
4. 
Height, weight and color of hair and eyes.
5. 
Diploma, certificate or other written proof of graduation from a recognized medical school by the person who shall be directly responsible for the operation and management of the tattoo or body piercing establishments.
6. 
Certificate or other written proof that the physician or osteopath is authorized to practice medicine or osteopathic medicine, as the case may be within the State of New Jersey.
7. 
Authorization for the Township, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application on the qualifications of the applicant for the permit.
8. 
The names and addresses of three adults who will serve as character references. These references must be persons other than relatives and business associates.
9. 
Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said declaration being duly dated and signed in the Township.
[Ord. No. 1732-00 § V]
Any person desiring a permit to do tattoos or engage in body piercing shall file a written application with the Health Officer on a form to be furnished by the Health Officer. The applicant shall tender with the application the correct permit fee, as hereinafter provided, and shall, in addition, furnish the following:
a. 
The business address and all telephone numbers where the tattoo or body piercing establishment is to be operated.
b. 
The following personal information concerning the applicant:
1. 
Name, complete residence address and residence telephone numbers.
2. 
The two previous addresses immediately prior to the present address of the applicant.
3. 
Written proof of age.
4. 
Height, weight and color of hair and eyes.
5. 
Name, complete residence address and residence and all office telephone numbers of the physician or osteopath who is to be in charge of the tattoo or body piercing establishment.
6. 
A statement, in writing, from a licensed physician, other than the physician or osteopath who is to be in charge of the tattoo or body piercing establishment, that he has examined the applicant within 30 days of the date of the application and believes the applicant to be free of all communicable diseases.
c. 
Authorization for the Township, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
d. 
Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said application being duly dated and signed in the Township.
[Ord. No. 1732-00 § VI]
a. 
Within 30 days of receiving a full and complete application for a tattoo or body piercing establishment or for a permit to do tattooing or body piercing, the Health Officer shall review the application.
b. 
In the case of the applications for a tattoo or body piercing establishment permit, the Health Officer shall conduct or cause to be conducted an investigation of the premises where the tattoo or body piercing establishment is to be conducted for the purpose of assuring that the premises comply with all the sanitation requirements set forth in this section and with the regulations of public health, safety and welfare.
c. 
Before any permit shall be issued under this section, the Health Officer shall first sign his or her approval of the application.
[Ord. No. 1732-00 § VII]
The Health Officer shall issue a tattoo or body piercing establishment permit within 45 days of receipt of the application, unless he finds that:
a. 
The correct permit fee has not been tendered to the Township and, in the case of a check or bank draft, honored with payment upon presentation.
b. 
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to the Township's building, zoning and health regulations.
c. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the permit or in any document required by the Township in connection therewith.
d. 
The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the above causes by the Township or any other state or local agency within two years prior to the date of the application.
e. 
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business is not over the age of 21 years.
f. 
The manager or other person principally in charge of the operation of the tattoo or body piercing establishment is not a physician or osteopath licensed to practice medicine or osteopathic medicine, as the case may be, pursuant to the laws of the State of New Jersey.
[Ord. No. 1732-00 § VIII]
The tattoo or body piercing establishment permittee shall display its permit and that of each and every person employed in the establishment in an open and conspicuous place on the premises of the tattoo or body piercing establishment.
[Ord. No. 1732-00 § IX]
The permit fee for a tattoo or body piercing establishment shall be $250 per year or any part thereof. The permit fee for each person employed on the premises who will do tattooing or body piercing under the direction of a physician or osteopath shall be $70 or any part thereof. If a premises has both body piercing and tattooing, there shall be a separate fee for body piercing as well as tattooing.
[Ord. No. 1732-00 § X]
Any permit issued pursuant to this section shall be subject to suspension or revocation by the Health Officer for violation of any provision of this section or for any grounds that would warrant the denial of issuance of such permit in the first place. The Health Officer, upon such revocation or suspension, shall state his reasons in writing, specifying the particular grounds for such revocation or suspension.
[Ord. No. 1732-00 § XI]
No tattoo or body piercing establishment permit shall be transferable, separable or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein.
[Ord. No. 1732-00 § XII]
Each tattoo or body piercing establishment shall comply with the following requirements:
a. 
The room in which tattooing or body piercing is done shall have an area of not less than 100 square feet. The walls, floors and ceilings shall have an impervious, smooth and washable surface.
b. 
A water closet shall be located in the establishment and shall be accessible at all times that the tattoo or body piercing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels.
c. 
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color with a smooth, washable finish and shall be separated from waiting customers or observers by a panel at least six feet or one and 1.83 meters high or by a door.
d. 
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
e. 
The physician or osteopath who shall apply the tattoo or perform the body piercing or the person working under the direction of a physician or osteopath who shall apply the tattoo or perform the body piercing shall wash his hands thoroughly with soap and water before starting to tattoo or body pierce. The hands shall be dried with individual, single-use towels.
f. 
No tattooing or body piercing shall be done on any skin surface that has a rash, pimples, boils or infections or manifests any evidence of any other unhealthy condition.
g. 
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.
h. 
Safety razors with a new, single-surface blade for each customer or patron or a straight-edged razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.
i. 
The area to be tattooed or body pierced shall first be thoroughly washed for a period of two minutes with warm water to which has been added an antiseptic liquid soap. A sterile, single-use sponge shall be used to scrub the area. After shaving and before tattooing has begun, a solution of 70% alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument.
j. 
Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent, as approved by the Health Officer, shall be used on the area to be tattooed, and it shall be applied with sterile gauze.
k. 
The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.
l. 
Inquiry shall be made, and anyone giving a history of recent jaundice or hepatitis shall not be tattooed or body pierced.
m. 
Single-service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron, and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one person and then immediately discarded. After completing work on any person the tattooed area shall be washed with sterile gauze and saturated with an antiseptic soap solution approved by the Health Officer or a 70% alcohol solution. The tattooed area shall be allowed to dry, and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.
n. 
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet when not in use. Such cabinets shall be maintained in a sanitary manner at all times.
o. 
A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any patron. Alternate sterilizing procedures may only be used when specifically approved by the Health Officer in writing. Sterilization of equipment shall be accomplished by exposure to live steam for at least 30 minutes at a minimum pressure of 15 pounds per square inch at a temperature of 240° F. or 116° C.
p. 
The needles and instruments required to be sterilized shall be so used, handled and temporarily placed during tattooing or body piercing that they will not be contaminated.
q. 
Gloves shall be worn with any procedure that involves contact with a patron's blood.
r. 
No body piercing or tattooing of the tongue shall be permitted.
s. 
Immediately after piercing or tattooing, the patron shall be advised on the care of the site so body pierced or tattooed and to consult a physician at the first sign of infection.
t. 
Forceps, accessory equipment and jewelry must be disinfected with a chemical disinfectant registered by the environmental protection agency as being tuberculocidal when used at recommended dilutions.
u. 
Needles shall not be bent or broken prior to disposal. Operator shall take precautions to prevent injuries from contaminated needles.
v. 
Needles shall be disposed of directly into a solid puncture-resistant container.
w. 
Needles as well as gloves, gauze and other materials saturated with blood shall be discharged in accordance with the Regulated Medical Waste Guidelines as promulgated by the State of New Jersey.
[Ord. No. 1732-00 § XIII]
Each tattoo or body piercing establishment shall maintain permanent records for each patron. Before the tattooing or body piercing operation begins, the patron shall be required personally to enter on a record form provided for such establishments, the date, his or her name, his or her address, his or her age and his or her signature. The records shall also provide that the patron does not have any jaundice or hepatitis and if so, the date of such jaundice or hepatitis. Such records shall be maintained in the tattoo or body piercing establishment and shall be available for examination by the Health Officer or its authorized representative. Such records shall be maintained by the tattoo or body piercing establishment for a period of not less than two years.
[Ord. No. 1732-00 § XIV]
No patron having any skin infection or any disease of the skin or any communicable disease whatsoever shall be tattooed. All infections resulting from the practice of tattooing or body piercing which become known to the tattooing or body piercing establishment shall be promptly reported to the Health Officer by the operator of the tattoo or body piercing establishment, and the infected patron shall be referred immediately to a physician.
[Ord. No. 1732-00 § XV]
All pigments, dyes, colors and any other material used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each patron shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each patron.
[Ord. No. 1732-00 § XVI]
All bandages and surgical dressings used in connection with the tattooing or body piercing of a person shall be sterile.
[Ord. No. 1732-00 § XVII]
Each tattoo or body piercing establishment shall have on the premises when open for business a doctor or osteopath.
[Ord. No. 1732-00 § XVIII]
No tattoo or body piercing establishment shall permit any person under the age of 16 years to come or remain on the premises of any tattoo or body piercing establishments, unless such person is on the premises for lawful business.
[Ord. No. 1732-00 § XIX]
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any tattoo or body piercing establishments.
[Ord. No. 1732-00 § XX]
Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $200 for each offense, and for the purposes of this section, a separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues.
[Ord. No. 1889-03]
It shall be unlawful for any person to smoke or carry lighted tobacco within any municipally-owned building. This section, however, shall not apply to any residential units within municipally-owned housing.
Pursuant to N.J.S.A. 2C:43-2, the maximum fine which can be imposed for a violation of this section is $200.
[1]
Editor's Note: For smoking prohibited in public parks, playgrounds, ballfields, schoolgrounds and the Oskar Schindler Performing Arts Center, see Chapter 4, subsection 4-33.1.
[Ord. No. 2481-16 § 1]
The purpose of this section is to license establishments that sell electronic smoking devices and related products. The funds collected by licensing of such establishments shall be used to fund the development and maintenance of programs related to tobacco cessation, prevention and control as may be established and/or administered by the West Orange Health Department.
[Ord. No. 2481-16 § 2]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ELECTRONIC SMOKING DEVICE
Shall mean an electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related product.
LICENSE YEAR
Shall mean the time period covering June 1st through May 31st of the year for which a license is issued pursuant to this section.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Shall mean any establishment that sells, distributes, gives or offers for sale Electronic Smoking Devices designed for consumption through inhalation.
SALE
Shall mean every delivery of Electronic Smoking Devices, whether the same is by direct sale or the solicitation or acceptance of an order, including the exchange, barter, traffic in, keeping and exposing for sale, displaying for sale, delivering for value, peddling and possession with intent to sell, distribute or give.
[Ord. No. 2481-16 § 3]
a. 
No person shall conduct, maintain or operate a Retail Electronic Smoking Device Establishment that sells, distributes or gives Electronic Smoking Devices without first obtaining from the West Orange Health Department a license to do so.
b. 
Fees in accordance with the following schedule shall be paid before any license required in this section shall be issued:
Electronic Smoking Device Establishment License
$1,200
c. 
Licenses issued under the provisions of this section, unless forfeited or revoked by the West Orange Health Department, shall expire annually on the 31st day of May of each year.
d. 
No license is transferrable by sale or otherwise.
e. 
Such license shall be posted in a conspicuous place in such establishment. No itinerant establishments shall be permitted to obtain an Electronic Smoking Device Establishment License.
f. 
All licensing fees shall be paid to the Township of West Orange to offset budget appropriations in connection with education and enforcement of this section and/or the States Tobacco Age of Sale Inspection Program.
[Ord. No. 2481-16 § 4]
a. 
No person shall sell, distribute or give Electronic Smoking Devices in the Township of West Orange unless an employee of the establishment controls the sale of such products. A person may only sell Electronic Smoking Devices in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of Electronic Smoking Devices shall be prohibited.
b. 
No person shall sell, distribute, or give Electronic Smoking Devices to any person under the age of 21 years.
c. 
No Retail Electronic Smoking Device Establishment shall allow the retailer, employee or any other person to sell, distribute or give such products until the retailer, employee or other person has read the West Orange Ordinances and State laws pertaining to the sale of Electronic Smoking Devices and has signed a statement that they have read such ordinances and State laws. Such form statement will be supplied by the West Orange Health Department and all signed original statements shall be kept on file by the Retail Electronic Smoking Device Establishment and made immediately available at all times for review by the West Orange Health Department. All Retail Electronic Smoking Device Establishments shall be in compliance with this provision by July 1, 2016.
d. 
The sale of any Electronic Smoking Device refill liquid, whether or not such liquid contains nicotine, that is intended for human consumption that is not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
e. 
License holders can only do in-person marketing and sales of Electronic Smoking Devices at the Retail Electronic Smoking Device Establishment. There shall be no cross marketing or sales at nonregistered retail locations and mobile locations, including but not limited to, street fairs, local fairs, festivals, etc.
[Ord. No. 2481-16 § 5]
a. 
This section shall be enforced by the West Orange Health Department and/or other Municipal Officials of the Township of West Orange.
b. 
Any person found to be in violation of this section shall be ordered to cease the sale of Electronic Smoking Devices immediately.
[Ord. No. 2481-16 § 6; Ord. No. 2495-16]
a. 
Any person(s) who is found to be in violation of the provisions of this section shall be subject to the following penalties. For any and every violation of any of the provisions of this section, the violator of said provision will be subject to a fine of not less than $100 and not more than $2,000. No fines shall be issued for 60 days after publication of this section.
[N.J.S.A. 40:49-5]
b. 
In addition any violator of this section shall be subject to having any Township license held by the violator, suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
c. 
These penalties are in addition to any penalties that may be imposed including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
d. 
Fines and sanctions associated with this section shall be dedicated and forwarded to the West Orange Health Department to be used in connection with education and enforcement of this section. The monies shall be maintained by the Chief Financial Officer or Comptroller of the Township of West Orange.