Town of Guttenberg, NJ
Hudson County
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Table of Contents
Table of Contents
[Ord. 10/19/70 § 1:1]
This section shall be known, and may be cited, as the "Air Pollution Control Code of the Town of Guttenberg."
[Ord. 10/19/70 § 1:2]
It is hereby declared that pollution of the atmosphere by smoke, cinders, soot, fly ash, gases, fumes, vapors, odors, dust and other contaminants is a menace to the health, welfare, and comfort of the residents of Guttenberg, and a cause of substantial damage to property. For the purpose of controlling and reducing atmospheric pollution, it is hereby declared to be the policy of the Town to minimize air pollution as herein defined and prohibit excessive emission of the same, to establish standards governing the installation, maintenance, and operation of equipment and appurtenances relating to combustion which are a source or potential source of air pollution, and in furtherance of this purpose to cooperate and coordinate these efforts with the State Department of Environmental Protection and Energy, Air Pollution Control Program.
[Ord. 10/19/80 § 2:1]
As used in this section:
AIR POLLUTION
Shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be injurious to human health or welfare, to animal or plant life, or to property, or would unreasonably interfere with the enjoyment of life or property throughout the Town as shall be affected thereby, and excludes all aspects of employer-employee relationship as to health and safety hazards.
ECONOMIC POISONS
Shall mean those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides, or defoliants.
FUEL-BURNING EQUIPMENT
Shall mean any furnace, boiler, water heater, device, mechanism, stoker, burner, stack, oven, stove, kiln, still, or other apparatus, or a group or collection of such units in the process of fuel burning for the generation of heat or power. Refuse burning equipment shall be considered incinerators as herein defined and not as fuel burning equipment under this definition. Ovens, stoves, or ranges used exclusively for domestic cooking purposes are not included herein.
INCINERATOR
Shall mean any device, apparatus, equipment or structure used for destroying, reducing or salvaging by fire any material or substance, including, but not limited to, refuse, rubbish, garbage, debris or scrap, or facilities for cremating human or animal remains.
ODOR
Shall mean a property of a substance which affects the sense of smell.
OPEN BURNING
Shall mean any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
OPERATOR
Shall mean any person who has care, custody, or control of a building or premises, or a portion thereof, whether with or without knowledge of the owner thereof.
OWNER
Shall mean any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care, or control of any premises or part thereof including, but not limited to, a dwelling or dwelling unit, as owner or agent of the owner, or as a fiduciary, including, but not limited to, executor, administrator, trustee, receiver, guardian, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee or sublessee of all or any part of any premises, including but not limited to a dwelling or dwelling unit, shall be deemed to be a co-owner with the lessor and shall have joint responsibility with the owner over the premises or portion thereof so leased or subleased.
REFUSE
Shall mean all putresciible and nonputrescible wastes (except body wastes), and shall include, but not be limited to, garbage, rubbish, yard trimmings, leaves, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
RINGELMANN SMOKE CHART
Shall mean Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, or any chart, recorder, indicator or device for the measurement of smoke density which is approved by the State Department of Environmental Protection and Energy of the State of New Jersey, as the equivalent of said Ringelmann's Scale.
RUBBISH
Shall mean solids not considered to be highly flammable or explosive, and shall include, but not be limited to, rags, old clothes, leather, rubber, carpets, wood, excelsior, paper, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery, masonry and other similar materials.
SALVAGE OPERATIONS
Shall mean any business, trade or industry engaged in whole or in part in salvaging or reclaiming any product or material, including but not limited to, metals, chemicals, shipping containers or drums.
SMOKE
Shall mean small gas borne and airborne particles arising from a process of combustion in sufficient number to be observable.
TRADE WASTE
Shall mean all solid or liquid material or rubbish resulting from construction, building operations, or the prosecution of any business, trade, or industry, and shall include, but not be limited to, plastic products, carton, paint, grease, oil and other petroleum products, chemicals, cinders, and other forms of solid or liquid waste materials.
[Ord. 10/19/70 § 3]
a. 
No person shall cause, suffer, allow or permit open burning of refuse or plant life nor conduct a salvage operation by open burning, except as provided in paragraph b.
b. 
The open burning of trade waste is not prohibited where no other known method of disposal can be used without hazard to health or property and the required affidavit has been filed with and approved by the Commissioner of the New Jersey State Department of Environmental Protection and Energy in accordance with Chapter 2, Section 1.4 of the New Jersey Air Pollution Control Code.
[Ord. 10/19/70 § 4]
a. 
No person shall cause, suffer, allow, or permit smoke from any fuel burning equipment, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air.
b. 
The provisions of this subsection shall not apply to:
1. 
Smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
[Ord. 10/19/70 § 5]
a. 
Smoke Emissions. No person shall cause, suffer, allow or permit smoke from any incinerator, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air; or emissions of such opacity within a stack or chimney, or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree greater than the emission designated as No. 1 of the Ringelmann Smoke Chart.
b. 
New Fires. The provisions of paragraph a shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, for a period of no longer than three consecutive minutes; or to emissions of such opacity within a stack or chimney or exclusive of water vapor, of such opacity leaving a stack or chimney to a degree which is not greater than the emissions designated as No. 2 of the Ringelmann Smoke Chart, for a period no longer than three consecutive minutes.
c. 
Visible Particles. No person shall cause, suffer, allow or permit the emission of particles of unburned waste or ash from any incinerator which are individually large enough to be visible while suspended in the atmosphere.
d. 
Odors. No person shall construct, install, use or cause to be used any incinerator which will result in odors being detectable by sense of smell in any area of human use or occupancy.
e. 
Limitation on Time of Operation. No person shall operate, and no owner or operator of any building in the Town shall permit the operation of an incinerator prior to 7:00 a.m. or after 5:00 p.m. of any day and all operation shall be completely terminated by 5:00 p.m., including complete extinction of the fire and removal of material in a safe manner from the firebox to a non-combustible container; provided, however, that by special permit, the Town may, because of exceptional circumstances, permit different hours of operation under such conditions as it shall deem necessary for the health, safety and welfare of the public or of persons in the vicinity.
[Ord. 10/19/70 § 6]
No person or owner of property, and no person having possession or control of property, shall cause, suffer, allow or permit to be emitted into the open air substances in such quantities as shall result in air pollution. The provisions of this subsection shall not apply to the use of economic poisons.
[Ord. 10/19/70 § 7]
a. 
All buildings and premises subject to this Code are subject to inspection by the Enforcement Officer or his duly authorized representatives. All rooms and areas in the building shall be available and accessible for such inspection which shall be made during usual business hours if the premises are used for nonresidential purposes; provided, however, that inspections may be made at other times if:
1. 
The premises are not available during the foregoing hours for inspection; or
2. 
There is reason to believe that violations are occurring on the premises which can only be apprehended and proved by inspection during other than the prescribed hours; or
3. 
There is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
b. 
Emergency inspections may be authorized without warrant if the Enforcement Officer has reason to believe that a condition exists which poses an immediate threat to life, health, or safety. Such procedure shall take place only where the time required to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Emergency inspections may also be authorized by the Governor in times of air pollution emergencies in accordance with N.J.S.A. 26:2C-32. Where the Enforcement Officer or his duly authorized representative is refused entry or access or is otherwise impeded or prevented by the owner, occupant, or operator from conducting an inspection of the premises, such person shall be in violation of this Code and subject to the penalties hereunder.
c. 
Search Warrant or Access Warrant. The Enforcement Officer may, upon affidavit, apply to the Judge of the Municipal Court for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of the Code may exist on the premises, including one or more of the following:
1. 
That the premises require inspection according to the cycle established by the Enforcement Officer for periodic inspections or premises of the type involved;
2. 
That observation of external conditions (for example, smoke, ash, soot, odors) of the premises and its public areas has resulted in the belief that violations of this Code exist;
3. 
Circumstances such as age and design of fuel burning equipment and/or system, types of incinerator, particular use of premises or other factor which renders systematic inspections of such buildings necessary in the interest of public health and safety.
If the Judge of the Municipal Court is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Ord. 10/19/70 § 9]
a. 
Enforcement Officer. Primary responsibility for the enforcement of this Code shall rest with an Enforcement Officer, designated as such by resolution of the Mayor and Board of Council.
b. 
Enforcement Assistants, Agents or Representatives. When duly authorized by the Enforcement Officer or the Mayor and Board of Council, suitable assistants, agents and representatives may also act as Enforcement Officer of the said Code, apply for such warrants, investigate, detect and process or prosecute violations, including, to the extent authorized by law, investigations and proceedings in surrounding areas which may affect or contribute to air pollution in Guttenberg.
c. 
Additional Powers and Standards. It is recognized and determined that air pollution cannot be abated, prevented or corrected overnight and that numerous special circumstances and factors may exist, rendering a literal interpretation or enforcement of this Code unjust, illegal, unconstitutional, impractical or a hardship without the use of exercise of sound discretion in enforcement procedures.
In all such cases, the following additional powers and procedures are authorized:
1. 
Informal Procedures. The Enforcement Officer may carry on informal conference procedures so as to encourage informal correction procedures and voluntary abatement or other compliance with the Code.
2. 
Special Petitions for Relief. In all cases where an order or violation proceedings issue or commence, affected parties may petition the Mayor and Board of Council for clarification, modification, reconsideration, time to comply or other relief, and the Mayor and Board of Council may act in the premises, based on Standards contained herein.
3. 
Standards for Special Relief. In all cases where age or nature of equipment; custom in the trade or area; size, location, nature, configuration or other aspect or attribute of the property or parties or business; conditions in neighboring communities; availability of specialized equipment; serious economic hardship; illness; progress being made; impracticalities due to weather, traffic or other specialized conditions; or other additional similar or different cause or condition, would render strict or literal enforcement unjust, illegal, unconstitutional, impractical or excessively harsh and severe to the point of inequity or to the point of excessive personal, economic or other hardship, then the Enforcement Officer, and/or the Mayor and Board of Council (directly or on appeal from a decision of the Enforcement Officer) may grant such appropriate time, or such appropriate other relief or order as shall prevent such result, in the exercise of sound legal discretion, which shall be lawful unless an actual palpable abuse of discretion appears.
[Ord. 10/19/70 § 10]
This Code is to be liberally construed to effectuate the purposes herein described. Nothing herein is to be construed as repealing or abridging the emergency powers of any agency of government except to the extent expressly set forth herein.
[Ord. 10/19/70 § 8]
a. 
Any person who shall violate any of the provisions of this Code, or who shall fail to comply therewith or with any of the requirements thereof, shall be liable to the penalty stated in Chapter 1, Section 1-5.
b. 
The violation of any section or subsection of this Code shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Code. Each day of violation shall constitute an additional, separate and distinct offense.
[Ord. 12/21/59 §§ 1, 2]
a. 
The Board of Council hereby finds, determines and declares:
1. 
That a serious public emergency exists by reason of the uncontrolled use by certain businesses of thin plastic coverings or bags in the Town.
2. 
That the absence of proper supervision, regulations and controls of the aforesaid plastic coverings or bags would result in serious danger to the health, safety, life and welfare of the children of the Town.
3. 
That to prevent such dangers to health, safety, life and welfare, preventive action by the Board of Council is imperative.
4. 
That such supervision, regulations and controls are urgently needed in order to prevent danger to the health, safety, life and welfare of the children of the Town.
b. 
That the adoption of this section is both urgent and necessary for the purpose of preventing the consequences hereinabove described and to make effective the policy of the Board of Council.
[Ord. 12/21/59 § 3]
As used in this section:
PLASTIC COVERINGS OR BAGS
Shall mean any sheet, receptacle or bag produced or manufactured from material commonly known as "plastic" or "polyethylene."
REGULATION OR REGULATIONS
Shall mean the rules and regulations of the Board of Health and any amendments, modifications or repealers thereof.
[Ord. 12/21/59 § 4]
The powers and duties of the Board of Health shall be as follows:
a. 
To make, promulgate, adopt, amend, modify, repeal and enforce such reasonable general and uniform rules and regulations as they may deem necessary.
1. 
To adequately effectuate the terms and provisions of this section.
2. 
For the exercise by them of the function, powers and duties conferred upon them hereunder.
3. 
To supervise, control and regulate the use of plastic coverings or bags in the Town, consistent with the purpose of this section, as stated in subsection 20-2.1 hereof.
b. 
No regulation of the Board of Health or any amendment, modification or repealer thereof shall take effect until five days after it has been filed with the Town Clerk.
c. 
Any regulation or order issued in accordance with the provisions of this section by the Board of Health may be in such form and may contain such classification and differentiations as may provide for such adjustment or reasonable exception, as in their judgment are necessary or proper in order to effectuate the purpose of this section.
d. 
The Board of Health, guided by consideration of safety of children, shall make such other rules and regulations which may be required to facilitate the administration and enforcement of the provisions of this section with respect to the providing of safeguards to be approved by them, as a condition of granting approval of the use of the plastic coverings or bags as referred to in this section.
[Ord. 12/21/59 § 5]
It shall be unlawful for any person who owns or operates a place of business in the Town of Guttenberg, wherein plastic coverings or bags are sold or are furnished to customers of the business in connection with the sale of any commodity whatsoever, or with the rendering of any service whatsoever to customers, to so sell or furnish same, unless such person shall have first submitted to the Board of Health a sample or samples of the plastic coverings or bags, and shall have received from the Board of Health written approval for the use of same as aforesaid.
[Ord. 12/21/59 § 6]
Any person who violates any provision of this section, or of any regulations, order or requirement hereunder shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. #020-1995, Preamble]
Excessive vibration is a serious hazard to the public health and welfare and quality of life; and a substantial body of science and technology exists by which excessive vibration may be substantially abated. The people have a right to and should be ensured a residential environment free from excessive vibration. It is the policy of the Town of Guttenberg to prevent excessive vibration which may jeopardize the health, welfare or safety of its citizens.
[Ord. #020-1995, § 1]
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
AMPLITUDE
Shall mean the maximum displacement of the earth from the normal rest position. Amplitude is usually reported as inches or mils.
ANSI S3.29-1983
Shall mean the American National Standard Institute guide to the evaluation of human exposure to vibration in buildings.
COMMERCIAL/INDUSTRIAL SOURCES
Shall mean all uses of property other than residential use.
DISCRETE IMPULSES
Shall mean a ground transmitted vibration stemming from a source where specific pulses do not exceed 60 per minute (or one per sound).
FREQUENCY
Shall mean the number of times that a displacement completely repeats itself in one second of time. Frequency may be designated in cycles per second (cps) or hertz (hz).
GROSS VIBRATION
Shall mean vibration of a duration or intensity such that it causes secondary or sympathetic vibrations on an adjoining property. Evidence of such gross vibration shall include, but not be limited to, the audible or visible result of objects in motion such as travel of objects, movement of wall hangings, waves in standing water, and/or clanging of dishes, glasses, bottles, or utensils, or windows vibrating in their frames.
IMPACT
Shall mean an earthborn vibration generally produced by two or more objects striking each other so as to cause separate and distinct pulses.
MULTI-USE PROPERTY
Shall mean any distinct parcel of land used for nonresidential use on one part and residential use on another.
PARTICLE VELOCITY
Shall mean a characteristic of vibration that depends on both displacement and frequency. If not directly measured, it can be computed by multiplying the frequency by the amplitude times the factor 6.28. The particle velocity will be in inches per sound, when the frequency is expressed in cycles per second and the amplitude in inches.
RESIDENTIAL PROPERTY
Shall mean property lawfully used for human habitation. Residential property shall not include properties where the only human habitation is comprised of supervisors, janitors, maintenance personnel, grounds-keeper or guards who are residing on the premises for the convenience of the property owner or as a condition of employment.
RESIDENTIAL PROPERTY LINE ON MIXED USE PROPERTY
Shall mean the residential building exterior either at the ground or any residential floor, or, if so designed, the exterior line of any balcony or terrace. For intra-building use, it shall be the interior of the room affected by the nonresidential activity. Rooms shall not include halls or closets.
SECONDARY OR SYMPATHETIC VIBRATIONS
Shall mean the setting in motion of common objects on the receptor property by the original source vibration. Such items include, but are not limited to, dishes, glasses, utensils, window frames, wall hangings, TV antennas, and standing water.
SENSORY LEVEL OF PERCEPTION
Shall mean the level that differentiates the presence of the vibration phenomenon from the background level. The background level is assumed to be no vibration unless a 360° inspection of the receptor premises and the source premises indicates otherwise.
STEADY STATE VIBRATION
Shall mean a vibration which is continuous including, but not limited to, vibration from a fan, compressor, or motor.
VIBRATION
Shall mean a reciprocating movement transmitted through the earth, both in horizontal and vertical planes.
VIBRATION PERCEPTION THRESHOLD
Shall mean the minimum ground or structure borne vibration motion necessary to cause a person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
[Ord. #020-1995, § 2]
No person shall cause, suffer, allow or permit the operation of any source or sources of vibration on nonresidential property in such a manner as to create a vibration level that exceeds the particular vibration level restrictions as set forth in Table I, or any standard established by Section s, parts c, d, e, f, or g, when measured at or within the residential real property line or receiving residential property line on multi-use property.
[Ord. #020-1995, § 3]
a. 
Ground-transmitted vibration shall be measured with a seismograph, instrument, or complement of instruments capable of recording vibration displacement and frequency, particle velocity, or acceleration simultaneously in three mutually perpendicular directions for all Performance Standard Category 3 investigations.
b. 
Table I designates the maximum permitted vibration levels. Where more than one set of Vibration Performance Standard Categories apply, the most restrictive shall govern.
Measurements may be made at points of maximum restrictive category, upon written notification to the operator, the treatment of violation of the lesser violation will govern the operation of the facility.
c. 
For any residential receptor, the vibration emanating from any nonresidential source shall not exceed the category levels established for the time of day as indicated in Table I - Vibration Level Restrictions. Equipment shall be removed from service and returned to service according to the "Treatment of Violation" section of Table I.
Table I.
Vibration Level Restrictions
Nonresidential source to residential receptor when measured at or within an adjacent residential property line, or receiving residential property line on multi-use property including within the receptor building. Measurements may be made at points of Maximum Vibration Intensity.
Performance Standard Category
Applicable Hours
Treatment of Violations
1
Gross vibration level
24 hours
Cease use within 24 hours of written notification. Return to service after equipment is below sensory level of perception.
2
Sensory level of perception
11:00 p.m. to 7:30 a.m. workdays and 24 hours weekends and legal holidays
Cease use 30 days after written notification or written extension to comply. Return to service when it is determined that equipment is below sensory level or perception.
3
ANSI S3.29-1983 weighted according to Section 2(f)
7:30 a.m. to 11:00 p.m. weighted 2.25 11:00 p.m. to 7:30 a.m. weighted 1.0
Same as Category 2.
d. 
In the case of "Gross Vibration," it shall be necessary to establish the presence of secondary or sympathetic vibration on the receptor property to cite a violation. After the establishment of a violation of the "Gross Vibration Level," the operator of the source may be required to produce test results demonstrating compliance with ANSI S3.29-1983 with the weighting levels specified in Section 2(f).
e. 
In the case of "Sensory Level of Perception" exceedance, it shall be necessary to establish that vibrations exist on the receptor property in excess of the background vibration level of the neighborhood, or of the receptor property with the source off. After the establishment of a violation of the "Sensory Level of Perception" standard, the operator may be required to produce test results demonstrating compliance with ANSI-S3.29-1983 with the weighting levels specified in Section 2(f).
f. 
In the case of "ANSI S3.29-1983 Level" (American National Standard Guide to the Evaluation of Human Exposure to Vibration in Buildings), it shall suffice to show that ANSI S3.29-1983 Figure 4 (Combined-Response Base Curve for Undefined Axis of Human Vibration) with the weighting factors in Table A1 of 1.0 applied to the hours of 11:00 p.m. to 7:30 a.m. and the weighting factor of 2.25 applied to 7:30 a.m. to 11:00 p.m. has been exceeded.
g. 
Saturdays/Sundays and legal holidays shall conform with Performance Standard Category 2 for 24 hours.
h. 
Testing by the facility operator shall be conducted in the presence of the local enforcement official. The equipment being tested must be operated in any modes, speed, materials, and operating conditions determined by the local enforcement official to be sufficient to approximate vibration conditions which the facility is likely to produce.
[Ord. #020-1995, § 4]
Any violation of this section shall be subject to the penalty set forth in the violations and penalties section of the general provisions of the Code of the Town of Guttenberg. Each day that a violation occurs shall be considered in separate violation for the purpose of the penalty section.
[Ord. No. 15-2016]
As used in this section:
ADULTERATION OR ADULTERATED
When used in connection with foods, drugs, cosmetics, or devices, these terms shall have the meanings respectively ascribed to them in N.J.S.A. 24:5-8 to 24:5-11.1.
APPROVED
Shall mean food or drink, a source of food or drink, a method, a device or a piece of equipment meeting requirements of the Board of Health and the State Department of Health or as per law.
AUTHORIZED AGENT
Shall mean a licensed Sanitary First Grade Inspector or public health investigator.
BOARD OF HEALTH
Shall mean the Guttenberg Board of Health.
CLEANERS
Shall mean any place, premises, building, part of building, cellar or basement or room or establishment used therein for the purpose of washing, dry cleaning or drying of clothing, linens or any other type of wash both on or off the premises.
COSMETIC
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
COSMETIC PLANT OR ESTABLISHMENT
Shall mean any place, premises, building, cellar or basement, apartment or room occupied or used therein for the having, holding, collection, handling, production, processing, mixing, compounding, manufacture, packing, storage, distribution or sale of: (1) articles used (for or as cosmetics) for or intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance and, (2) articles intended for use as a component of any such article, except that such term shall not include soap.
DESIGNEE
Shall mean any person so deemed by the Health Officer.
DEVICE
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
DRUG
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
DRUG PLANT OR ESTABLISHMENT
Shall mean any place, premises, building, part of building, cellar or basement, apartment or room occupied or used therein for having, holding, collection, handling, production, processing, mixing, compounding, manufacture, packing, storage, distribution or sale of:
a. 
Articles used (for or as drugs) for or intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animal, or
b. 
Articles (other than food) used or intended to affect the structure or any function of the body of man or other animal, or
c. 
Articles intended for use as a component of any article specified in paragraphs a or b.
EMPLOYEE
Shall mean any person who handles any food, drug or cosmetics, or device or article used for food, drugs, cosmetics, or device used in the having, holding, collection, handling, production, preparation, processing, manufacture, packing, storage, distribution of food, drugs or cosmetics.
EQUIPMENT
Shall mean any mechanical apparatus or contrivance or parts thereof used in the production, processing, preparation, compounding, mixing, bottling, manufacture, packing, storage or distribution of food, drugs, devices or cosmetics.
FOOD
Shall mean any raw, cooked or processed edible substances, water, ice, beverages or ingredient used or intended for use or for sale in whole or in part for human consumption.
HEALTH CLUB/SPA
Shall mean any place, premises, building, part of building, cellar or basement or room or establishment that is designated therein for indoor sports, exercise or physical education.
HEALTH OFFICER
Shall mean the legally designated Health Officer of the Town of Guttenberg.
LAUNDRY
Shall mean any place, building, part of building, cellar or basement or room, or establishment used therein for the purpose of washing, cleaning and/or drying articles of clothing, linens or any other type of wash.
MISBRANDED
When used in connection with food, drugs, cosmetics or devices, shall have the meaning ascribed to it by N.J.S.A. 24:5-16 et seq.
NUISANCE
Shall mean any condition, or cause which may produce noise, offensive odor or any condition which may be an annoyance, a hazard, or a detriment to human health.
ORDER OR RULE
Shall mean any directive of the Health Officer.
PERSON
Shall mean and include an individual, firm, corporation, association, society, partnership and their agents or employees.
RECREATIONAL BATHING PLACE
See the definition in N.J.A.C. 8:26 et seq.
RETAIL COSMETIC ESTABLISHMENT
Shall mean any place, premises, building, part of building, cellar or basement, apartment or room occupied or used therein for providing services to the public for cleansing, beautifying, promoting attractiveness or altering appearance, and promoting comfort. These shall include, but shall not be limited to: barber shops, hair salons, nail salons, beauty parlors, beauty salons, and tanning salons.
RETAIL FOOD ESTABLISHMENT
See the definitions in N.J.A.C. 8:24-1.3, "Definitions."
TOWN
Shall mean the Town of Guttenberg.
[Ord. No. 15-2016]
The Health Officer or his authorized agent hereby has the authority to conduct inspections of all establishments delineated in Guttenberg Revised General Ordinances Section 4-50, all drug and cosmetic establishments as well as all taverns, bars, cocktail lounges, dance clubs and any retail food establishment as defined in N.J.A.C. 8:24-1.3 and any similar establishment where food is prepared for retail sale or service on the premises or elsewhere, in any other retail eating or drinking establishment or operation where food or drink is served, handled or provided for the public with or without charge to ensure that the following requirements are met. Such is not an exclusive list and the Health Officer or his authorized agent may inspect all the above establishments or facilities for other defects he might reasonably believe might impact on public health. The Health Officer or his authorized agent may inspect for compliance with the following:
a. 
Every foundation, floor, wall, ceiling and roof shall be weathertight, watertight, safe, clean, sanitary and in good repair.
b. 
Every window, door and basement shall be weathertight, watertight and kept in a clean sanitary way and in good repair.
c. 
All parts of the establishment shall be kept in a rodentproof and insectproof condition. Effective control measures shall be utilized to minimize and eliminate the presence of insects, rodents and other vermin.
d. 
All toilet facilities, showers and baths shall be kept in a clean, sanitary way and in good working condition. The above facilities shall be kept odor- and nuisance-free.
e. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free of defects, leaks and obstructions.
f. 
Hand-washing facilities shall have an adequate supply of hand-washing soap and sanitary towels or approved hand-drying device. Use of common towels is prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near hand-washing facilities.
g. 
All showers and baths shall have hot and cold running water. Hot water shall be at a temperature of 120° F.
h. 
All equipment used within establishments shall be maintained in good repair and kept in a safe, clean and sanitary way.
i. 
All chemicals shall be clearly marked and stored in areas designated by the Health Officer or his authorized agent.
j. 
All parts of the establishment, equipment and its premises shall be kept neat, clean, free of odors and nuisances and in good working condition.
k. 
All equipment shall be stored in a clean, safe and nuisance-free manner.
l. 
All parts of the establishment shall be properly ventilated according to the New Jersey Uniform Construction Code.
m. 
Establishments shall have health and safety notices, which the Health Officer deems necessary, to be conspicuously posted in areas designated by the Health Officer or his authorized agent.
n. 
Any other requirement deemed necessary by the Health Officer in view of the operation of the establishment shall be met.
o. 
Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods.
p. 
All garbage and rubbish and refuse shall be kept in leak proof, nonabsorbent containers constructed of durable metal, or other approved types of materials which do not leak and which do not absorb liquids.
q. 
Adequate lockers within dressing rooms or other suitable facilities shall be provided and used for the storage of employees' coats, clothing and personal belongings.
r. 
Laundered cloths and napkins shall be stored in clean, neat and protected place until used.
s. 
All storage places used for the storage of utensils or equipment shall be kept neat, clean, and in good repair and in a sanitary way.
t. 
All outside areas of establishments and facilities delineated in this section of this chapter shall be kept clean, in good repair and nuisance free.
u. 
All used or soiled linens, cloths, and towels shall be stored in a leak proof container with a securely fastened lid.
[Ord. No. 15-2016]
a. 
The Health Officer shall have the following powers in regard to the examination of food, drink, drugs, cosmetics and other substances as may be necessary for the detection of unwholesomeness, adulteration, contamination or misbranding.
b. 
The Health Officer or his authorized agent may prohibit the sale or use of any food, drink, device, drug or cosmetic which is or is suspected of being unwholesome, adulterated, contaminated or misbranded.
c. 
The Health Officer or his authorized agent shall condemn any food, drink, drug, cosmetic or device and cause it to be destroyed or disposed of in such a manner as to make it impossible to thereafter be used for human consumption or use, whenever suspected of being unwholesome, adulterated, contaminated or misbranded.
d. 
The person operating a food, drug, device or cosmetic plant or establishment shall permit access to all parts of the establishment and shall make available all records concerning the operation of said plant or establishment to the Health Officer or his authorized agent.
[Ord. No. 15-2016]
a. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOD
Shall mean and include any substance used or intended to be used as food or drink for human consumption.
FOOD HANDLER'S CERTIFICATION
Shall mean a certificate issued by the Board of Health of Guttenberg or any other agency recognized by the Board of Health of Guttenberg.
PERSON IN CHARGE
Shall mean any person charged with the responsibility of overseeing the operations, including the supervision of employees engaged in the preparing, processing and sale of food or drink intended for human consumption, be it for on- or off-premises consumption.
b. 
Certificate Required.
1. 
No establishment shall be open for business in the preparing, processing and sale of food or drink intended for human consumption without having a person in charge on the premises who has a current food handler's certificate.
2. 
At least one person on each shift shall have a current food handler's certificate.
3. 
The food handler's certificate shall not be issued or granted to any person unless the person seeking such food handler's certificate shall have first completed an approved course of general instruction in health education, sanitation, personal hygiene, food protection, dishwashing procedures and other related health matters.
c. 
Application for certificate; course.
1. 
No establishment shall operate for more than 30 days without the person in charge employed in that establishment applying for a food handler's certificate.
2. 
No establishment shall operate for more than three months without the person in charge employed in that establishment completing an approved course of instruction in food-handling techniques.
d. 
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.
[Ord. No. 15-2016]
The Health Officer or his authorized agent shall inspect any licensee, business, establishment, or facility as often as he deems necessary.
[Ord. No. 15-2016]
The person operating any licensed, establishment, business or facility shall permit access to all parts of the licensed, establishment, business or facility. No person shall unlawfully hinder, obstruct, delay, resist, or prevent the Health Officer or his authorized agent regarding inspections related to this section.
[Ord. No. 15-2016]
a. 
An inspection report shall be presented to the owner or person in charge or in their absence, any employee of the establishment, licensee, business or facility at the completion of each inspection.
b. 
The most recent report shall be maintained by the operator of each establishment, licensee, business or facility on the premises for review by the public, upon request. Inspection reports and other applicable records shall be maintained on the premises for review for a minimum of two years.
c. 
Every licensee delineated in subsection 20-4.2 shall display such license in a conspicuous place near the public entrance of the establishment in such a manner that the public may view said license.
d. 
The current inspection report for each inspected business establishment shall be posted on the official Town Web Site.
[Ord. No. 15-2016]
a. 
Immediately upon conclusion of the inspection the Health Officer or licensed sanitary inspector shall issue the evaluation of the establishment and leave the original copy with the person in charge.
b. 
Evaluations shall be as follows:
1. 
Satisfactory. The establishment is found to be operating in substantial compliance with this section and personnel have demonstrated that they are aware of and are practicing proper sanitation and safety principles as outlined in this section.
2. 
Conditionally Satisfactory. At the time of the inspection the establishment was found not to be operating in substantial compliance with this section and was in violation of one or more of the provisions of this section. Due to the nature of these violations a reinspection is scheduled. The reinspection shall be conducted at an unannounced time and a full inspection must be conducted. Opportunity for reinspection shall be offered within a reasonable time and determined by the nature of the violation.
3. 
Unsatisfactory. Whenever an establishment, business, licensee or facility is operating in violation of this section, with one or more violations that constitute gross unsanitary or unsafe conditions which pose an imminent health hazard, the Health Officer or his authorized agent shall issue an unsatisfactory evaluation. The Health Officer or his authorized agent shall immediately request the person in charge to voluntarily cease operation until it is shown on reinspection that conditions which warrant an unsatisfactory evaluation no longer exists. If any person neglects or refuses to comply with a request to voluntarily cease operation of any establishment, facility or licensee delineated in subsection 20-4.2 of this section, the Health Officer shall institute an action pursuant to subsection 20-4.12 of this section. The Health Officer may, in appropriate situations, seek injunctive relief, at his or her discretion. Such action shall be effective immediately.
[Ord. No. 15-2016]
Whenever an establishment, business, or licensed facility is constructed or renovated, and whenever a structure is converted for use pursuant to any licensed facility, business or establishment delineated by subsection 20-4.2 hereof, or alterations are made that will significantly change the nature of the operation, plans and specifications pertaining to the sanitary nature of the establishment such as proposed equipment layout, equipment design and installation shall be submitted to the Health Officer or his authorized agent for review and approval before construction, renovations or conversion is begun. The Health Officer shall review these plans and respond accordingly within 30 days within the date of submission. No establishment, business, or licensed facility shall be constructed, renovated, or converted except in accordance with plans and specifications previously submitted to and approved by the Health Officer.
[Ord. No. 15-2016]
Whenever plans or specifications are required to be submitted to the Health Officer by subsection 20-4.9 hereof, the Health Officer or his authorized agent shall inspect the licensee, business, facility or establishment prior to the start of operations to determine compliance with the requirements of this section and any other law which governs said licensee, business, facility or establishment.
[Ord. No. 15-2016]
The Health Officer is hereby empowered to promulgate orders at his discretion, to ensure that all provisions of this section and all sections of the New Jersey State Sanitary Code which apply to said licensee are met. Such orders shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
[Ord. No. 15-2016]
a. 
The Health Officer is hereby empowered to suspend the license of any establishment, business or licensee that has been issued a license by the Town of Guttenberg if any provision of this section or any provision or regulation of the New Jersey State Sanitary Code that regulates said establishment, business or licensee is not met.
b. 
Immediately, upon notification of Health Officer or his authorized agent, the operator of said establishment, business, licensee or facility shall cease operation and shall not resume operation until approval is given by the Health Officer or his authorized agent. When a license is suspended pursuant to this section or an order to cease operation is issued by the Health Officer or his authorized agent, the operator shall immediately post on the front entrance of the establishment or facility an evaluation placard which shall state the following: "The license of this establishment has been suspended by order of the Health Officer of the Town of Guttenberg."
c. 
Any establishment or facility not licensed by the Town of Guttenberg, but delineated in subsection 20-4.2 shall be subject to an order to cease operations. Such facility or establishment shall immediately post on the front entrance of the establishment an evaluation placard which states the following: "This establishment or facility is hereby ordered to cease operations by order of the Health Officer of the Town of Guttenberg."
[Ord. No. 15-2016]
When an establishment, business or licensee has had more than two unsatisfactory ratings or two license suspensions within a two-year period of time, issued by the Town of Guttenberg, the Health Officer may revoke and terminate such license. Any person aggrieved by such action may petition a court of competent jurisdiction for relief of such action.
[Ord. No. 15-2016]
a. 
The Health Officer is hereby empowered to order a hearing for the purposes of ensuring that all provisions of this section and all provisions of the New Jersey State Sanitary Code which apply to said business, establishment or licensee are met. The Health Officer shall notify, in writing, said licensee stating the time, location and a brief reason for the hearing. Once notified, the licensee shall comply with all aspects of said order.
b. 
Any person affected by any rule or order which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day that notice was served. Upon receipt of such petition, the Health Officer is hereby empowered to order a hearing and set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Health Officer may postpone the date of hearing for a reasonable time beyond such ten-day period, if in his judgement the petitioner has submitted a good and sufficient reason for such postponement.
c. 
After such hearing, the Health Officer shall sustain, modify or withdraw the order or rule, depending upon his findings as to whether the provisions of this section and of the rules, orders and regulations adopted pursuant thereto have been complied with.
[Ord. No. 15-2016]
All licensed, establishments, businesses and facilities shall be operated in compliance with all provisions of this section and any other regulation as per law.
[Ord. No. 15-2016]
Any person who shall violate any provision of this section or any provision of any rule, or regulation or order promulgated by the Health Officer pursuant to the authority granted by this section shall, upon conviction, in the Municipal Court of Guttenberg or other Court of competent jurisdiction be punished by a fine of not less than $100 and not more than $2,000 or community service for a period of not more than 90 days or imprisonment for a term not exceeding 90 days, and each day's failure to comply with any provision, rule or order shall constitute a separate and distinct offense.[1]
[1]
Editor's Note: Violation of the State Sanitary Code shall be as provided in N.J.S.A. 26:1A-10.
[Ord. No. 15-2016]
a. 
Whenever, upon inspection, any licensee, facility or entity licensed under subsection 4-20.2 of the Code of the Town of Guttenberg or any licensee, facility or establishment defined in N.J.A.C. 8:24 (Retail Food Establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
b. 
Said fee shall be paid by the owner, owners, managers, management agency or operator of any aforementioned licensed facility or entity listed above directly to the local health authority within seven business days of notice of an unsatisfactory or conditional satisfactory rating.
[Ord. No. 15-2016]
All ordinances, codes or parts of the same inconsistent with any of the provisions of this section are hereby repealed to the extent of such inconsistency.
[Ord. No. 15-2016]
In the event that any section, sentence or clause of this section or Code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.