[Ord. #BH 2]
This chapter shall be known and designated as "The Sanitary Code of the Township of Branchburg."
[Ord. #BH 2; Ord. #BH 91-33; Ord. #BH-2011-67; Ord. #BH 2012-69]
BOARD, THIS BOARD, SAID BOARD, HEALTH BOARD, ENFORCEMENT OFFICER, AND BOARD OF HEALTH – Shall mean "the Board of Health of the Township of Branchburg," or its official representative, except where otherwise specified.
PERSON, HE, HIM, OR HIMSELF – Shall mean both singular and plural, masculine, feminine or neuter, as the case demands, and shall include individuals, partnerships, corporations, companies, societies, firms and associations.
FOOD – Shall mean a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption or chewing gum.
FOOD ESTABLISHMENT – Shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; food bank; and
That relinquishes possession of food to a consumer directly or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders. Or delivery service that is provided by common carrier.
SALE OR SELL – Shall mean every delivery in the regular course of business of food, whether gratuitous or for value; the solicitation or acceptance of an order for food; or the possession of food with intent to sell by any licensee or person to whom a food certificate has been issued, or by any other person.
NUISANCE – Shall mean any condition or thing which is actually or potentially injurious, dangerous or detrimental to human health.
GARBAGE – Shall mean every accumulation of animal or vegetable matter, liquid or otherwise, that attends the preparation and serving of food and the decay and spoilage that attends dealing in or storage of meats, fish, fowl, birds, fruits, or vegetables.
RUBBISH – Shall mean waste materials of all kinds (other than garbage) including ashes, discarded wrappings, packings, containers, and all loose and decayed material and dirt like substances that attend use, or which accumulate from building, storage and cleaning.
STREET – Shall mean all public thoroughfares and passages including sidewalks, gutters, drainage ditches and steps or stairs which are maintained as part of or adjacent to or associated with such thoroughfares.
PUBLIC PROPERTY – Shall mean township owned or controlled park and watersheds or drainage systems and open spaces adjacent thereto, and also such privately owned yards, grounds, parking and recreational areas and other open spaces to which the public is commonly admitted.
PUBLIC BUILDINGS – Shall mean any township owned or controlled building or any building owned, controlled, occupied or used by any other government agency, be it a county, State or Federal.
PLACE OF PUBLIC ASSEMBLY – Shall mean any public or private hall, school, church, parish house, club, theatre or other place where groups of persons may gather or assemble other than private homes.
PUBLIC PLACE – Shall mean any restaurant, lunch room, cabin, barroom, hotel or other place where food or drink is offered for sale to the public and any camp, trailer camp, tourist home, swimming pool or public recreation place or place of business where toilet facilities or water for drinking or culinary purposes are available for use of the public or occupants thereof.
CODE, ORDINANCE, THIS ORDINANCE, THIS CODE, SAID CODE, AND SAID ORDINANCE – Shall mean the "Sanitary Code of the Township of Branchburg."
HERMETICALLY SEALED CONTAINER – Shall mean a container designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.
POTENTIALLY HAZARDOUS FOOD – Shall mean any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.
BODY ART – Shall mean the practice of physical body adornment in permitted establishments by operators including, but not limited to, body piercing, tattooing and permanent cosmetics.
BODY ART ESTABLISHMENT – Shall mean any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed.
[Ord. #BH 2]
The board of health may, by resolution, delegate any portion of its power to any of its members, officers or agents, to be exercised when the board is not in session; and any notice given by any member, officer, or agent of the board shall be deemed to be notice given by the board of health.
It shall be lawful for any member of the board of health or any person acting under and by authority of the board to enter in or upon any premises for the purpose of the discovery and abatement of nuisances therein or for any of the purposes specified in this chapter, or for any other purpose in connection with his regular duties.
The board of health, instead of proceeding in a summary way to abate a nuisance hazardous to the public health, may institute an action in the Superior Court, in the name of the State, on relation of the board, for injunctive relief to prohibit the continuance of such nuisance.
[Ord. #BH 2]
Whereas certain services or enterprises conducted in the township are considered to involve potential hazard to the health and welfare of the general public unless acceptable standards of cleanliness are maintained with respect to quarters, equipment, methods and materials, the board of health directs that the person, partnership or corporation (or local manager thereof) responsible for the conduct of such services or enterprises, as are designated throughout the provisions of this chapter, shall apply for and obtain a license from the board.
All license, permits or certificates shall be prominently displayed upon the premises for which they were issued and when so required upon each and every vehicle or device used in the business for which a license or permit is required, at all times in plain sight, upon signs to be furnished by the board.
Every holder of any license, permit or certificate shall exhibit the same upon demand to any member of the board of health or its authorized representative.
The board of health may revoke any license or permit whenever the holder thereof or any of his officers, servants, agents, or employees shall violate any provision of this chapter pertinent to which such license or permit was obtained. Before any permit or license shall be revoked, notice of the revocation shall be served upon the holder of the permit or license, setting forth such charges as may be the reason for such revocation, and the place, day and hour when the board shall hear the charges.
The board of health, or any authorized representative thereof, may suspend any license or permit pending the out-come of a hearing before this board, where it appears that the holder of such license or permit or any of his servants, agents, or employees has violated any provision of this chapter pertinent to which such license or permit was obtained.
No license or permit issued or granted by the board of health shall be transferable.
[Ord. #BH 2]
The following shall constitute the creation, commission, or maintenance of a nuisance and are prohibited.
Depositing or accumulating any human excrement, garbage, waste, water, sewage, sludge, offal, manure, tin cans, any decaying or putrescent substance or other offensive matter, in liquid or solid form, in or upon any tract, lot, street, well, stream or water, or in or upon any property, building, place of assembly or place, whether public or private, except that a farmer in his normal course of operation may use or deposit manure and other accepted fertilizers so long as it does not affect the public health.
Permitting the emission, escape, or overflow of any excessive smoke, gas, soot, stench, sludge, or any foul liquid so that the same or any one of them shall become or is likely to become injurious or detrimental to health and become a source of discomfort to persons living or passing in the vicinity thereof.
The maintenance of any privy, outhouse, cesspool, septic tank or other receptacle for human excrement not covered or enclosed at all times and protected from flies, insects, or animals or permitted to overflow or pollute any stream, water or place.
The maintenance of any building, room or dwelling in such a state of uncleanliness, or the crowding of persons in any building or room in such a manner as to endanger the health of persons dwelling or working therein.
Permitting any filthy or unhealthful condition to exist in the plumbing or plumbing fixtures of or in a building used or occupied by human beings for any purpose regardless of whether such conditions shall be the result of leakage, stoppage or any other cause.
The keeping of food or drink intended for human consumption, either for sale or to be dispensed to the public for consumption on or off the premises, in such manner as to allow flies, dust, dirt or other injurious contamination to come in contact therewith.
The collection or transportation through the streets of the contents of any privy, vault, cesspool or any garbage, offal, sludge, manure or any decomposing solid or any liquid substance without being entirely enclosed or so that such substance shall leak, ooze or escape from any part of the transportation vehicle, except a farmer transporting manure to fertilize fields of his farm.
Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water, or any cistern, privy, vault, cesspool, rain barrel or other receptacle containing liquid in which mosquito larvae or pupae may or do exist.
Maintaining or allowing to be maintained any condition to exist which is beneficial to or engenders the breeding of flies, mosquitoes or vermin.
The supplying or furnishing of any roller towel, (except such roller towel which can be mechanically adjusted for individual use, or except individual paper towels) or of any towel for use by more than one person without intermediate laundering, in any hotel, school, restaurant, boarding house, bakery, club house, washroom or public lavatory, or in any place where a number of people congregate.
Maintaining or providing a common drinking utensil for public use in any public place, store or other place of business or amusement, waiting room, place of public assembly, public or private school, play-ground, park or other premises to which the public is admitted.
The keeping about or in any premises of any container or receptacle of garbage or other putrescible material which is not watertight, tightly covered and so kept at all times as to exclude flies, rodents and vermin, and from which the contents thereof are not completely removed from the premises at least once in each week.
The depositing or accumulating of any sewage sludge whether used for fertilizer or not.
In case of neglect or refusal of the responsible person or persons to abate any nuisance defined by the above sections, after notification has been served upon him or them by the board of health or authorized agent of the board, and within the time in the notification specified, the board of health may abate or procure the abatement, thereof, calling, if necessary upon the police department or upon other township services to the extent and in the manner required and practicable, or through the employment, at reasonable cost, of the services of independent contractors. Such expense as may have been necessary in abating such a nuisance shall be paid for by the board if payment is not promptly assumed by the person who is charged with committing the nuisance; but reimbursement of such expense shall be sought from the offending person or persons through legal process in the manner provided for by this chapter, and by law.
[Ord. #BH 2]
It shall be the duty of every property owner, tenant, or occupant of any premises to maintain the premises in a clean condition so that the same may not be injurious, detrimental or hazardous to health.
Every building used in any way for occupation by human beings, whether for business or dwelling purposes, shall be provided with a sufficient number of water closets and urinal accommodations. When the interests of the public health require additional waterclosets or urinal accommodations in any house, store, apartment, flat or any other building, it shall be lawful for the board by notice to the owner to direct the installation of such additional toilets as it shall deem necessary. There shall be at least one water closet for each separate family.
Whenever in the conduct of any business or in the prosecution of any work of any nature within the limits of the township there shall be employed three or more persons, it shall be the duty of the person or persons or corporations conducting such business or prosecuting the work to provide for the use of the persons employed easily accessible toilet facilities of such type and in such condition as shall conform to the appropriate ordinance of the township and which shall be maintained in a clean and satisfactory condition so that they shall not constitute a health menace to employees or other persons.
No building or room therein being without sufficient ventilation shall be so overcrowded that there shall be afforded less than 500 cubic feet of air to each person occupying such building or room, and upon written order of the board of health the number of occupants shall be reduced in accordance with this subsection.
No house, apartment, rooms or building shall be let, leased or occupied by human beings which is infested with vermin. The owner, lessor or agent or occupant of any such place, upon notice from the board of health, shall immediately proceed to rid the place of vermin by any reasonable and safe means approved by the board.
No person shall rent, let, lease, or allow to be occupied for domestic purposes, any building which shall not have a plentiful supply of potable water which meets New Jersey State potable water standards.
No person shall rent, let, lease or allow to be occupied for business purposes, any building which shall not have potable water available.
Owners of buildings designed to be occupied as residences by more than two families, where the owners have agreed to supply heat, must provide heat from the first day of October in each year to the first day of May of the succeeding year, so that the temperature of the apartment where one or more persons reside shall always be kept at not less than 65° F. between the hours of six in the morning and ten in the evening.
[Ord. #BH 8; Ord. #BH 30; Ord. #BH 89-31; Ord. #BH-2011-67]
No person shall conduct, maintain, or operate a food establishment in the township without first obtaining a license from the board of health to do so. Such license may be issued by the board upon written application fee schedule as indicated in subsection 8-1.1 on fee schedule.
Every such license so issued shall expire on March 31 next following the date of its issuance. A food establishment license may be revoked at any time by order of the board of health after a hearing before said board. The licensee shall have the opportunity to show cause why the license should not be revoked. This section shall not apply to a nonprofit organization holding occasional public meals for the purpose of raising money for the conduct of its nonprofit function.
A reinspection fee shall be paid within 30 days after the reinspection each time the owner or operator of any food establishment fails to receive a satisfactory inspection rating from the board of health.
No person shall conduct, maintain, or operate a body art establishment in the township without first obtaining a license from the board of health to do so. A license may be issued by the board upon written application and payment of the fee as indicated in the fee schedule set forth in subsection 8-1.1.
Every license issued shall expire on March 31 next following the date of its issuance. A body art establishment license may be revoked at any time by order of the board of health after a hearing before the board. The licensee shall have the opportunity to show cause why the license should not be revoked.