[1973 Code § 48-1]
This chapter shall be known and may be cited as the "Air Pollution
Control Code of the Town of Kearny."
[1973 Code § 48-2]
It is hereby declared that pollution of the atmosphere by smoke,
cinders, soot, fly ash, flames, fumes, vapors, odors, dust and other
contaminants is a menace to the health, welfare and comfort of the
residents of the Town of Kearny 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 potential source of air pollution; and in furtherance
of this purpose to cooperate and coordinate these efforts with the
State Department of Environmental Protection, Air Pollution, Air Pollution
Control Program.
[1973 Code § 48-3]
As used in this section:
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 of Kearny as shall be affected
hereby, and excludes all aspects of employer-employee relationship
as to health and safety hazards.
Shall mean those chemicals used as insecticides, rodenticides,
fungicides, herbicides, nematocides or defoliants.
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.
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.
Shall mean a property of a substance which affects the sense
of smell.
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.
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.
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 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.
Shall mean and include corporations, companies, associations,
societies, firms, partnerships and joint-stock companies, as well
as individuals.
Shall mean all putrescible 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.
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
of the State of New Jersey as the equivalent of the Ringelmann's Scale.
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.
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.
Shall mean small gasborne and airborne particles arising
from a process of combustion in sufficient number to be observable.
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, cartons, paint, grease, oil and other petroleum
products, chemicals, cinders, and other forms of solid or liquid waste
materials.
[1973 Code § 48-4]
a.
No person shall cause, suffer, allow or permit open-air burning of
refuse or plant life, nor conduct a salvage operation by open-air
burning, except as provided in paragraph b below.
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 in accordance with Chapter 11, Section 1.4, of the New Jersey Air Pollution Control Code.
[1973 Code § 48-5]
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: Smoke emitted
during the clearing of a firebox 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.
[1973 Code § 48-6]
a.
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
capacity, within a stack or chimney, or, exclusive of water vapor,
of such capacity leaving a stack or chimney to a degree greater than
the emission designated as No. 1 of the Ringelmann Smoke Chart.
b.
The provisions of paragraph a above 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
capacity within a stack or chimney, or exclusive of water vapor, of
such capacity 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.
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.
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.
No person shall operate, and no owner or operator of any building
in the Town of Kearny shall permit the operation of, any incinerator
prior to 7:00 a.m. or after 5:00 p.m., of any day, and all operations
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 noncombustible container; provided, however, that by special
permit, the Health Officer may, because of exceptional circumstances,
permit different hours of operation under such conditions as he shall
deem necessary for the health, safety and welfare of the public or
of persons in the vicinity.
[1973 Code § 48-7]
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.
[1973 Code § 48-8]
a.
Availability for Inspections. All buildings and premises subject
to this chapter are subject to inspection from time to time by the
Health 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 inspections;
or
2.
There is a reason to believe that violations are occurring on the
premises which can only be apprehended and provided 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. Emergency inspections may be authorized without
warrant if the Health 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 time of air pollution emergencies,
in accordance with N.J.S.A. 26:20-32. Where the Health Officer or
his duly authorized representatives are refused entry or access, or
are 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 chapter and subject to the penalties hereunder.
c.
Search Warrants. The Town of Kearny may, upon affidavit, apply to
the Judge of the Municipal Court of the Town of Kearny 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 this chapter may exist on the premises, including one or more of
the following:
1.
The premises require inspection according to the cycle established
by the Health Officer for periodic inspections of premises of the
type involved.
2.
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 chapter exist.
3.
Circumstances such as age and design of fuel-burning equipment and/or
system, types of incinerators, particular use of premises or other
factors which render 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.
[1973 Code § 48-9; New]
[1973 Code § 87-1; Ord. No. 10-26-88]
The purpose and intent of this section is to establish regulations
and guidelines for the abatement and/or clean-up of hazardous waste
deposits upon or into property or facilities within the Town of Kearny.
[1973 Code § 87-2; Ord. No. 10-26-88]
As used in this section:
Shall mean any solid waste or combinations of solid waste,
including toxic, corrosive, irritating, sensitizing, radioactive,
biologically infectious, explosive or flammable solid waste, which
poses present or potential threat to human health, living organisms
or the environment, provided that the solid waste is hazardous in
accordance with the standards and procedures set forth at N.J.A.C.
7:26-8, and shall also include hazardous substances as defined in
N.J.S.A. 58:10-23.11b(k).
Shall mean any natural person or persons, corporation, partnership,
association, or any other organization.
[1973 Code § 87-3; Ord. No. 10-26-88]
Any person who intentionally, negligently or in any way causes
any deposits of hazardous waste upon or into any property or facility
within the Town of Kearny shall be liable for the payment of all costs
incurred by the Kearny Fire Department, Kearny Health Department,
or Kearny Department of Public Works in abating and/or cleaning up
the hazardous wastes as expressly authorized and directed by the Town
of Kearny. Such costs as herein provided shall include but not be
limited to the following: labor costs for Town personnel, or any other
outside agency, public or private; administrative costs; costs of
materials used, and any other costs incidental thereto for the purpose
of meeting the intent and purpose of this section. Such payment shall
be remitted to the Town within 10 days of such notice of payment;
such notice shall be sent certified mail, return receipt requested,
or hand delivered.
[1973 Code § 87-4; Ord. No. 10-26-88]
a.
This section is not intended to preempt or be inconsistent with any
other law or regulation, but is intended solely for the recoupment
of costs heretofor provided; this section shall be in addition to
any other penalties or remedies as provided for by law.
b.
In the event that such hazardous waste is deposited on property as
aforesaid by any person who owns such property, the Town may place
a municipal lien against such property for the costs incurred pursuant
to this section, provided the Town acts in accordance with State law
including N.J.S.A. 40:48-2.13.
[1973 Code § 87-5; Ord. No. 10-26-88]
This section shall be enforced by the Kearny Health Office,
who shall be deemed the "Enforcement Officer."
[1973 Code § 87-6; Ord. No. 10-26-88]
Whenever the Enforcement Officer or his designee determines
that there has been a deposit of hazardous waste, he shall order the
property owner to abate and/or clean-up same, or act to abate and/or
clean up same and thereafter notify such person of the costs incurred
by the Town.
[1973 Code § 87-7; Ord. No. 10-26-88; New]
[1973 Code § 136-01; Ord. No. 2-23-83]
This section shall be known as the "Waterfront Cleanup Regulations."
[1973 Code § 136-02; Ord. No. 2-23-83]
As used in this section:
Shall mean any loose material not attached to the land or
to any structure and which is capable of becoming drift, and any unmanned
watercraft not under safe control.
Shall mean the Superintendent of the Department of Public
Works who may appoint, with the approval of the Mayor and Town Council,
an authorized agent to act in his behalf.
Shall mean any floatable material which may cause damage
to vessels or crafts.
Shall mean either the order of the Mayor after the time to request a review thereof has lapsed, or the order of the Mayor issued as a result of a review requested in subsection 29-3.7.
Shall mean the waterways which are capable of carrying interstate
commerce, and the tributaries thereto, within the geographical limits
of the Town.
Shall mean any individual, firm, partnership, association,
corporation, company or organization of any kind.
Shall mean the land, building, wharf, pier, dolphin, boom,
weir, breakdown, bulkhead, jetty, or other structure and shall include
all or any as may be necessary.
Shall mean that portion of the land which borders navigable
waters and which lies shoreward of the established harbor lines or
low water mark within the corporate limits of the Town.
[1973 Code § 136-03; Ord. No. 2-23-83]
The general purpose of this section is the elimination of sources
of drift and debris which constitute possible obstacles or hazards
to existing navigation on the navigable waters of this Town by the
removal and disposal of debris and deteriorated structures on the
shores of such waters, and liable to be washed into such waters.
[1973 Code § 136-04; Ord. No. 2-23-83]
Whenever the Superintendent has reasonable grounds to believe
that:
a.
Debris placed or deposited on the banks of any navigable water is
liable to be washed into such navigable water by any cause whatsoever
and thereby be or become a source of drift likely to hinder, impede
or otherwise obstruct navigation; or any watercraft not under safe
control; or
b.
The condition of any wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty, or other structure on or bordering on the shores
of any navigable water is so dilapidated and deteriorated as to be
or become a source of drift or debris liable to be washed into such
navigable waters by any cause whatsoever and thereby likely to hinder,
impede, or otherwise obstruct navigation, the Superintendent may find
the same to be a public nuisance and thereupon order that the same
be removed, abated, altered or repaired as such order may specify.
[1973 Code § 136-05; Ord. No. 2-23-83]
The order of the Mayor issued pursuant to subsection 29-3.4 shall be in writing, directed to the occupant, and last known owner of record, if not such occupant, of the premises which are the subject of the complaint, and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
[1973 Code § 136-06; Ord. No. 2-23-83]
The order of the Mayor issued pursuant to subsection 29-3.5 shall be served upon the occupant and the last known owner of record, if not such occupant, of the premises which are the subject of the complaint either by personally delivering a copy of such order to such occupant and last known owner of record or by registered mail addressed to such persons at their last known address.
[1973 Code § 136-07; Ord. No. 2-23-83]
Within 15 days after service of the order of the Mayor issued pursuant to subsection 29-3.5 or, under emergency, within such shorter time as the Mayor may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Mayor to review the same. The Mayor or his agent after such review, at which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the Mayor as the facts may warrant. Unless the same is declared by a court of competent jurisdiction to be arbitrary, capricious or not supported by substantial evidence, the order of the Mayor after review thereof, shall be final and conclusive.
[1973 Code § 136-08; Ord. No. 2-23-83]
In the event that the persons to whom the order of the Mayor
is directed fail or refuse to comply with the terms of such order
within 30 days after such order has become final, the Director shall
without further notice to any person, take or cause to be taken the
necessary action to remove, abate, alter, or repair, the nuisance
as specified in the order. The costs and expenses incident thereto
shall be a personal charge against the occupant, and last owner of
record, if not such occupant, of the premises affected and all appurtenances
thereto.
[1973 Code § 136-9; Ord. No. 2-23-83]
No person shall abandon any flat-bottomed boat, barge, scow,
raft or vessel upon any public land or waterway to or upon private
property within the Town without the prior written permission of the
Director of Public Works, who is hereby designated by the Town Council
to perform this function. Subject to review and final decision by
the Mayor. No drift or debris shall be caused or continued by any
person.
[1973 Code § 136-10; Ord. No. 2-23-83]
The owner of any occupied or unoccupied barge, which is to be
docked in or on the banks of any river or navigable waterway within
the Town for more than 10 consecutive days, shall post a surety bond
in the amount of $25,000 with the Town Clerk and in favor of the Town
the bond being issued by an insurance company authorized to do business
in the State of New Jersey.
[1973 Code § 136-11; Ord. No. 20-23-83]
In the event that a barge bonded in accordance with the preceding
section sinks or otherwise becomes unable to navigate under its own
power, the bond so posted shall be forfeited to the Town to aid in
the removal of such barge from any river, riverbank or navigable waterway
within the Town.
[1973 Code § 136-12; Ord. No. 2-23-83]
The surety on a bond issued pursuant to the above shall have
the right to immediately cancel such bond upon the removal of the
barge from the rivers and riverbanks of the Town.
[1973 Code § 136-13; Ord. No. 2-23-83]
This section shall not apply to barges, ships or boats owned
or operated by common carriers engaged in interstate or foreign commerce,
nor shall it apply to pleasure craft used on a seasonal basis.
[1973 Code § 136-14; Ord. No. 2-23-83; New]
Any person who willfully violates this section by abandoning any flat-bottomed boat, barge, scow or raft without permission shall be subject to the penalties prescribed by Chapter 264 of Public Laws 1969 (R.S. 12:7C-1 et seq.), as amended and supplemented. All other violations shall be liable to the penalty stated in Chapter 1, Section 1-5. Each day shall constitute a separate offense.
Editor's Note: Ord. No. 2022-9 repealed prior Section 29-4, Prohibition of Retail Use of Plastic Single-Use Carryout Bags. History includes Ord. No. 2020-07 and Ord. No. 2021-4.
