[Ord. 3/6/72; Ord. No. 11-2008]
"Swimming pool" shall mean a watertight structure of concrete,
masonry, or other approved materials located either indoors or outdoors,
used for bathing or swimming and filled with a filtered and disinfected
water supply, together with buildings, appurtenances, and equipment
used in connection therewith. A swimming pool shall mean a conventional
pool, spa-type pool, wading pool, special purpose pool, or water recreation
attraction, to which admission may be gained with or without payment
of a fee, and includes, but is not limited to, pools operated by or
serving campgrounds, clubs, churches, cities, common interest communities,
counties, day-care centers, group home facilities for six or more
clients, health spas, institutions, parks, private lake, river or
bay associations, State, County and municipal agencies, retirement
communities, schools, specially exempt facilities, subdivisions, or
the cooperative living type projects of three or more living units,
such as apartments, boarding homes, condominiums, hotels, mobile home
parks, motels, recreational vehicle parks, townhouses, trailer parks,
and youth camps.
The code established and adopted by this section as described
and commonly known as the "Swimming Pool Code of New Jersey (1970)."
Three copies of the "Swimming Pool Code of New Jersey (1970)"
have been placed on file in the office of the department of health
upon the introduction of this section and will remain on file there
for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming
pool until licenses and/or permits therefor shall have been issued
by the department of health.
The following fees and charges are herewith established:
Licenses issued for the operation of a swimming pool shall expire
annually on May 31 of each year and application for renewal thereof
shall be submitted together with the required fee prior to June 1
of each year.
Licenses required by this section or the "Swimming Pool Code
of New Jersey (1970)," may be denied or suspended by the department
of health for failure to comply with this section or said code.
The health department shall afford the person whose license and/or permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing; and following this to be informed of the department's decision as provided by Section 2 of the "Swimming Pool Code of New Jersey (1970)."
a.
Any person violating any of the provisions of this section and of
the "Swimming Pool Code of New Jersey (1970)" made a part hereof shall,
upon conviction thereof, pay a penalty of not less than $2 nor more
than $500 for each violation. Each day a particular violation continues
shall constitute a separate offense.
[Ord. No. 78-11]
a.
Title. This section shall be known and cited as the Air Pollution
Control Code of the Township of Scotch Plains.
b.
Findings and Declaration of Policy: It is hereby declared that air
pollution is a menace to the health, welfare and comfort of the residents
of the Township and a cause of substantial damage to property. For
the purpose of preventing and reducing atmospheric pollution, it is
hereby declared to be the policy of the Township to minimize air pollution
as herein defined and to establish standards governing the installation,
maintenance and operation of equipment and appurtenances relating
to combustion, which is a source or potential source of air pollution.
Meaning of certain words: The following terms wherever used
herein or referred to in this code shall have the respective meanings
assigned to them unless a different meaning clearly appears from the
context:
a.
AIR CONTAMINANT — Shall mean solid particles, liquid particles,
vapors or gases which are discharged into the outdoor atmosphere.
b.
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, animal or
plant life or property, or would unreasonably interfere with the enjoyment
of life or property.
c.
DIRECT HEAT EXCHANGER — Equipment in which heat from the combustion
of fuel is transferred to a substance being heated so that the latter
is contacted by the products of combustion and may contribute to the
total effluent.
d.
DIRECTOR OF AIR POLLUTION CONTROL or DIRECTOR — Shall mean
the person who is authorized by this section to exercise the powers
prescribed by this code.
e.
ECONOMIC POISONS — Shall mean those chemicals used as insecticides,
rodenticides, fungicides, herbicides, nematocides or defoliants.
f.
FUEL — Shall mean solid, liquid or gaseous materials used to
produce useful heat by burning.
g.
GARBAGE — Shall mean waste animal or vegetable matter from
houses, kitchens, restaurants, hotels, produce markets or any other
source, or food of any kind to be thrown away.
h.
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,
trade waste, debris or scrap; or a facility for cremating human or
animal remains.
i.
INDIRECT HEAT EXCHANGER — Shall mean equipment in which heat
from the combustion of fuel is transferred by conduction through a
heat-conducting material to a substance being heated, so that the
latter is not contacted by and adds nothing to the products of combustion.
j.
INTERNAL CROSS-SECTIONAL DIMENSION — Shall mean any maximum
linear perpendicular distance from an inside wall of a stack or chimney
to the inside of an opposite wall, such as the diameter of a circular
cross-section or the length or width of 1 rectangular cross-section.
k.
LIQUID PARTICLES — Shall mean particles which have volume but
are not of rigid shape and which, upon collection, tend to coalesce
and create uniform homogeneous films upon the surface of the collecting
media.
l.
MANUFACTURING PROCESS — Shall mean any action, operation or
treatment embracing chemical, industrial, manufacturing or processing
factors, methods or forms including but not limited to furnaces, kettles,
ovens, converters, cupolas, kilns, crucibles, stills, dryers, roasters,
crushers, grinders, mixers, reactors, regenerators, separators, filters,
reboilers, columns, classifiers, screens, quenchers, cookers, digesters,
towers, washers, scrubbers, mills, condensers or absorbers.
m.
MOTOR VEHICLE — Shall mean vehicles propelled otherwise than
by muscular power, excepting such vehicles as run only upon rails
or tracks.
n.
ODOR — Shall mean the property of a substance which affects
the sense of smell.
o.
OPACITY — Shall mean the property of a substance which renders
it partially or wholly obstructive to the transmission of visible
light expressed as the percentage to which the light is obstructed.
p.
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 of an incinerator.
q.
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.
r.
OUTDOOR ATMOSPHERE — Shall mean air space outside of buildings,
stacks or exterior ducts.
s.
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 shall have
charge, care or control of any dwelling or dwelling unit, as owner
or agent of the owner, or as fiduciary including but not limited to
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate: or as a mortgagee in possession regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any dwelling or dwelling unit shall
be deemed to be a co-owner with the lessor and shall have joint responsibility
over the portion of the premises sublet or as signed by said lessee.
t.
PARTICLES — Shall mean any material, except uncombined water,
which exists in finely divided form as liquid particles or solid particles
at standard conditions.
u.
PERSON — Shall mean and shall include corporations, companies,
associations, societies, firms, partnerships and joint stock companies,
as well as individuals, and shall also include all political subdivisions
of this State or any agencies or instrumentalities thereof.
v.
PLANT LIFE — Shall mean vegetation including but not limited
to trees, tree branches, leaves, yard trimmings, shrubbery, grass,
weeds and crops.
w.
REFUSE — Shall mean rubbish, garbage, trade waste and plant
life.
x.
RINGLEMANN SMOKE CHART — Shall mean Ringelmann's Scale for
Grading the Density of Smoke, as published by the United States Bureau
of Mines, or any chart, recorder, indicator or device which is approved
by the New Jersey Department of Environmental Protection as the equivalent
of the Ringelmann's Scale for the measurement of smoke density.
y.
RUBBISH — Shall mean waste solids not considered to be highly
flammable or explosive including but not limited to rags, old clothes,
leather, rubber, carpets, wood, excelsior, papers, ashes, furniture,
tin cans, glass, crockery, masonry and other similar materials.
z.
SALVAGE OPERATION — Shall mean any operation or activity from
which is salvaged or reclaimed any product or material including but
not limited to metals, chemicals or shipping containers.
aa.
SMOKE — Shall mean small gasborne or airborne particles, exclusive
of water vapor, arising from a process of combustion in sufficient
number to be observable.
bb.
SOLID PARTICLE — Shall mean particles of rigid shape and definite
volume.
cc.
SOURCE OPERATION — Shall mean any manufacturing process or
any identifiable part thereof emitting an air contaminant into the
outdoor atmosphere through one or more stacks or chimneys.
dd.
STACK OR CHIMNEY — Shall mean a flue, conduit or opening designed
and constructed for the purpose of emitting air contaminants into
the outdoor air.
ee.
STANDARD CONDITIONS — Shall mean 70 degrees F. and one atmosphere
pressure (14.7 psi or 760 mm Hg).
ff.
TRADE WASTE — Shall mean all waste solid or liquid material
or rubbish resulting from construction, building operations, or the
prosecution of any business, trade or industry including but not limited
to plastic products, cartons, paint, grease, oil and other petroleum
products, chemicals, cinders and other forms of solid or liquid waste
material.
gg.
VISIBLE SMOKE — Shall mean smoke which obscures light to a
degree readily discernible by visual observation.
a.
No person or owner of property or person or persons having possession
or control thereof, 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 section shall not apply to the
use of economic poisons.
a.
No person shall cause, suffer, allow or permit a salvage operation
by open burning.
b.
No person shall cause, suffer, allow or permit the disposal of rubbish,
garbage or trade waste, or buildings or structures, by open burning.
c.
No person shall cause, suffer, allow or permit the disposal of any
type of plant life by open burning.
d.
The provisions of this section shall not apply to:
1.
Variances approved and issued by the New Jersey Department of Environmental
Protection in accordance with Subchapter 2.5 of the New Jersey Administrative
Code.
2.
Open burning of refuse for training or research exercises when conducted
at a permanent facility or training center designed to be used solely
for such purposes on a continuing basis.
a.
No person shall cause, suffer, allow or permit visible smoke to be
emitted into the outdoor air from combustion of fuel in any stationary
indirect heat exchanger having a rated hourly capacity of less than
200 million BTU gross heat input, or discharging through a stack or
chimney having an internal cross-sectional dimension of less than
60 inches.
b.
No person shall cause, suffer, allow or permit smoke the shade or
appearance of which is darker than No. 1 on the Ringelmann Smoke Chart,
or greater than 20% opacity, exclusive of water vapor, to be emitted
into the outdoor air from the combustion of fuel in any stationary
indirect heat exchanger having a rated hourly capacity of 200 million
BTU or greater gross heat input, or discharging through a stack or
chimney having all internal cross-sectional dimensions of 60 inches
or greater.
d.
The provisions of this subsection shall not apply to direct heat
exchangers or manufacturing process, or any motor vehicle while operating
on the public highways.
e.
Any person responsible for the construction, installation, alteration
or use of an indirect heat exchanger shall, when requested by the
director, provide the facilities and necessary equipment for determining
the density or opacity of smoke being discharged into the open air.
a.
No person shall cause, suffer, allow or permit particles to be emitted
from any stack or chimney into the outdoor air the shade or appearance
of which is greater than 20% opacity, exclusive of water vapor.
b.
The provisions of this subsection shall not apply:
1.
To particles the shade or appearance of which is greater than 20%
opacity, exclusive of water vapor, for a period of not longer than
three minutes in any consecutive thirty-minute period;
2.
To source operations issued a variance by the New Jersey Department
of Environmental Protection in accordance with Subchapter 6. 5 of
the New Jersey Administrative Code.
3.
To indirect heat exchangers;
4.
To incinerators;
5.
For a period of five years from the date of issuance of a valid permanent
"certificate to operate," to a source operation equipped with control
apparatus for which a valid "permit to construct" or the permanent
"certificate to operate" was issued by the New Jersey Department of
Environmental Protection during the period June 15, 1967 to March
27, 1972.
a.
Except as herein provided, persons burning solid or liquid fuel whose
products of combustion are discharged into the open air from a stack
or chimney shall submit to the director information for each such
stack or chimney relating to place, type of fuel burned, heat content
in fuel burned, quantity of fuel burned per hour and/or year, description
of combustion equipment, usual period of operation, height and size
of outlet and description of air pollution control equipment, and
such other and pertinent information as may be requested on forms
provided for that purpose by the director. The application forms shall
also require submission of name, address and telephone number of person
or persons responsible for day-to-day operation and, also, of person
or persons responsible for maintenance of any such equipment. Any
change in the name, address or telephone number of such person or
persons shall be reported within ten days of the occurrence of such
change to the director.
b.
Such information shall be submitted to the director within 90 days
after either new installations are placed into service or existing
installations are altered. Nothing herein shall be construed as relieving
any person from the requirements of the building code of the Township.
Additional reports concerning these items may be requested by
the director.
a.
No person shall operate or permit the operation of an incinerator
in the Township without a permit issued by the director in accordance
with this code. The director shall recommend issuance of a permit
for the operation of an incinerator after examining the application
and inspecting the facility and being satisfied that it may be operated
in accordance with this code. The permit may be conditioned on improvements
being made within a prescribed time or on certain operating restrictions,
if necessary, to comply with this code. All permits shall be issued
by the director and shall expire on January 31 following their issuance,
or at such time prior thereto as any conditions or restrictions shall
not be complied with. Each incinerator shall require a permit for
which the annual fee shall be $25 payable to the Township.
b.
No person shall operate or permit the operation of an incinerator
in the Township before 9:00 a.m. or after 5:00 p.m. and all operation
shall be completely terminated by 5:00 p.m., including complete extinction
of the fire and removal of materials from the firebox to a noncombustible
container and in a safe manner, provided, however, that the director
may, by special permit, 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.
c.
Where the operation of an incinerator constitutes an immediate and
substantial menace to public health and safety, or is a substantial
source of air pollution causing irritation and discomfort to persons
in the vicinity, and the owner or operator fails upon written or oral
notice to take immediate corrective measures, the director may take
all necessary measures to abate the condition including but not limited
to ordering the cessation of use of equipment and sealing the same,
pending a hearing in the municipal court.
d.
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 on the Ringelmann Smoke Chart.
e.
The provisions of Subsection d shall not apply to smoke emitted during the building of a new fire, the shade or appearance of which is not greater than No. 2 of the Ringelmann Smoke Chart, for a period of three consecutive minutes; 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. 2 of the Ringelmann Smoke Chart, for a period no greater than three consecutive minutes .
f.
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.
g.
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.
a.
The health officer of the Township shall, in addition to his other
duties, enforce and administer the provisions of this code and, in
exercising his powers and duties hereunder, shall be known as the
director of air pollution control. The director may appoint or designate
other employees or officers of the Township to perform duties necessary
for the enforcement of this code.
a.
Emergency inspections may be authorized without warrant if the director
has reason to believe that a condition exists which poses an immediate
threat to life, health or safety. Such procedure shall only take place
where the time taken to apply for and secure the issuance of a warrant
would render ineffective the immediate action necessary to abate the
condition.
b.
Emergency inspections may also be authorized by the governor in times
of air pollution emergencies in accordance with R.S. 26:2C-32.
c.
Where the director or his agent 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.
d.
Search warrant or access warrant. The director may, upon affidavit,
apply to the judge of the municipal court of the Township for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a 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 Township for periodic inspections of premises of the type involved;
2.
2, That observation of external conditions (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, type of incinerator, 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 of the Township is satisfied
as to the matter 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.
e.
All buildings and premises subject to this code are subject to inspection
from time to time by the director of air pollution control 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 (a) the premises are not available during the foregoing hours
for inspection; (b) there is reason to believe that violations are
occurring on the premises which can be determined and proved by inspection
only during other than the prescribed hours; or (c) 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.
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 established in Chapter 3, section 3-1 for each violation. Each day that such violation shall continue shall constitute a separate offense.
b.
The violation of any section or any 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.
a.
This code is to be liberally construed to effectuate the purpose
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.
b.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this code shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this code which shall remain in full force and effect.
c.
This section is promulgated and adopted in accordance with Section
26:2C-8 of P.L. 1954, C.212 (Title 26:2C-1 to 2C-23), amended by P.L.
1962, C. 215; P.L. 1967, C. 105; and P.L. 1967, C. 106; and nothing
contained herein or any action taken hereunder is to be interpreted
as being in conflict with the New Jersey Air Pollution Control Act
and the New Jersey Administrative Code.
[Ord. No. 78-12; Ord. No. 80-21]
As used in this code and section:
a.
ENFORCING OFFICIALS — Shall mean and include the health officer,
construction official, director of public property or other official
authorized by the department of health to enforce this code and section.
b.
PERSON — Shall mean and include an individual, firm, corporation,
association, society, partnership, joint venture, and their agents
or employees.
a.
The following matters, things, conditions or acts and each of them
are hereby declared to be a nuisance and injurious to the health of
the inhabitants of this Township:
1.
Any nuisance,
offensive matter, foul or noxious odors, gases or vapors, water in
which mosquito larvae breed and all causes of disease which may be
known to the department of health or brought to its attention, which,
in its opinion are injurious to the health of the inhabitants of the
Township.
2.
The existence or presence of any accumulation of garbage, refuse,
manure, or anima] or vegetable matter which may attract flies and
rodents or other vermin to which flies, rodents or other vermin may
have access, or in which fly larvae or pupae breed or exist.
3.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
4.
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.
5.
Any construction done in such a manner as to cause or contribute
to an accumulation of sewage, refuse, manure or animal or vegetable
matter as previously defined or to cause or contribute to any other
nuisance as defined in the General Ordinances of Scotch Plains.
6.
Any construction done in such a manner as to be unstable or unsafe
to the general public or to cause or contribute to a safety hazard
to the public.
7.
Any construction done in violation of any ordinances of the Township
of Scotch Plains of the State Uniform Construction Code or State Housing
Code.
b.
It shall be unlawful for any person or persons to commit, maintain
or allow any nuisance, as declared and described in this section.
a.
Whenever a nuisance as declared by Subsection 24-3.2 of this code 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 same 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, such notice shall be left at that place or premises with
the tenant or occupant thereof, or posted on the premises and such
action shall be considered proper notification to the owner, tenant
or occupant thereof.
b.
Whenever a nuisance as declared by Subsection 24-3.2 of this code 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 same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the department of health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premise or place.
c.
If the owner, tenant or occupant upon being notified as provided
by this section shall not comply with such notice within the time
specified therein and fails to remove or abate such nuisance, the
department of health, construction official or department of public
property may proceed to abate the nuisance or may cause it to be removed
or abated in a summary manner by such means as they shall deem proper.
a.
The department of health, construction official or department of public property may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance as declared by Subsection 24-3.2 of this code from any person who shall cause or allow such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice. In the alternative, the enforcing official may certify its expenses in abating the nuisance and this amount shall be added to the tax liability against the property involved, or any other property of the person responsible for the violation within the Township of Scotch Plains in accordance with law.
The provisions of this code shall be enforced by the department
of health or its enforcing official, the construction official, the
director of public property or agents designated by the department
of health. Nothing herein contained shall preclude the police department
and its members from enforcing the provisions of this section.
Any person who violates, or neglects to comply with any provision
of this section or code established herein or notice issued pursuant
thereto, shall upon conviction thereof in the municipal court, be
liable to a penalty of not less than $25 nor more than $500 for each
violation. Each day shall be considered a separate violation.
[Ord. No. 10-2008]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 68-10 and 89-7.
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.
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; or food bank; and
That relinquishes possession of food to a consumer directly,
or indirectly through a delivery service such as human delivery of
grocery orders or restaurant takeout orders, or delivery service that
is provided by common carriers.
An operation that is conducted in a mobile, stationary, temporary,
or permanent facility or location; where consumption is on or off
the premises; and regardless of whether there is a charge for the
food.
[Ord. No. 10-2008; Ord. No. 2017-8]
a.
The annual fees of license shall be issued by the health department
and payments shall also be made to the health department for retail
food establishment as follows:
|
$50
|
Establishments offering prepackaged items (candy/snacks) and
nonprofit establishments.
|
|
$100
|
Mobile retail food establishments.
|
|
$100
|
Establishments preparing food without seating facilities (excluding
counter service), also establishments with seating at a capacity of
50 or fewer; or fewer than 2,000 square feet.
|
|
$150
|
Establishments with a seating capacity of more than 50 persons,
or over 2,000 square feet.
|
|
$300
|
Establishments with a seating capacity of more than 100 persons
or over 5,000 square feet.
|
|
A temporary food license for special events shall be issued
by the Health Department and payments shall also be made to the Health
Department for retail food establishments as follows: $50 per event
for up to five days. An additional $50 per day will be charged for
events lasting longer than five days.
[Added6-19-2018 by Ord.
No. 2018-15] | |
b.
Food vendors at temporary events, such as carnivals, street fairs,
etc., shall apply for and obtain licenses for $100 per day of the
event, not to exceed five days.
c.
Applicants applying to construct or alter a retail food establishment
must submit plans, including construction, plumbing, and equipment
specifications to the health department for review. No retail food
establishment shall be constructed, renovated or converted except
in accordance with the plans and specifications submitted to and approved
by the health department.
[Ord. No. 10-2008; Ord. No. 2017-8]
a.
Nonprofit organizations proposing to provide a temporary commercial
service or enterprise for fund-raising purposes and which, by virtue
of the nature of the commercial service or enterprise proposed, are
required to obtain a license, pursuant to the terms of this section,
may apply for an exemption of fee to the health department's office.
[Ord. No. 2017-8]
b.
Food vendors at temporary events such as carnivals, street fairs,
etc., shall apply for and obtain licenses for $25 per day of the event,
not to exceed five days.
c.
Applicants applying to construct or alter a retail food establishment
must submit plans, including construction, plumbing, and equipment
specifications to the health department for review. No retail food
establishment shall be constructed, renovated or converted except
in accordance with the plans and specifications submitted to and approved
by the health department.
All of the aforesaid licenses shall be valid for one year and
expire on June 30. A renewal license must be purchased by June 30
of each year. A fee of $25 shall be imposed on renewal licenses for
each month or part thereof after June 30, which has expired prior
to renewal.
Licenses shall expire upon change of business location, change
of ownership, or upon cessation of active operations. Changes in the
food service operation are allowed but must be reported to the health
department for review. Changes in operation may require a change in
the class of the license required. Licenses are not transferable.
New owners, private or corporate, require a new license.
It shall be unlawful for any person or any body corporate to
conduct a retail food establishment without first having procured
a license from the health department to do so.
Any person who violates any provision of or an order promulgated
under this section or code established herein, shall, upon conviction
thereof, be liable to a penalty of not less than $2 nor more than
$500 for each violation. Each day a particular violation continues
shall constitute a separate offense.
a.
Any license issued under the terms and provisions of this section
may be suspended or revoked by the health department of this Township
for violation by the licensee of any provision of this section or
the "Retail Food Establishment Code of New Jersey (1965)" or whenever
it shall appear that the business, trade, calling, profession occupation
of the person, firm or corporation to whom such license was issued
is conducted in a disorderly or improper manner, or in violation of
any law of the United States, the State of New Jersey, or any ordinance
of this Township, or that the person conducting the retail food establishment
is of an unfit character to conduct the same, or that the purpose
for which the license has been issued is being abused to the detriment
of the public, or is being used for a purpose foreign to that for
which the license was issued.
b.
A license issued under the terms and provisions of this section shall
not be revoked, canceled, or suspended until a hearing thereon shall
have been had by the department of health. Written notice of the time
and place of such hearing shall be served upon the licensee at least
three days prior to the date set for such hearing. Such notice shall
also contain a brief statement of the grounds to be relied upon for
revoking, canceling or suspending such license. Notice may be given
either by personal delivery thereof to the person to be notified or
be deposited in the United States Post Office in a sealed envelope,
postage prepared, addressed to such person to be notified at the business
address appearing upon said license. At the hearing before the person
aggrieved shall have an opportunity to answer and may thereafter be
heard, and upon due consideration and deliberation by the department
of health, complaint may be dismissed, or, if the department of health
concludes that the charges have been sustained and substantiated,
it may revoke, cancel or suspend the license held by the licensee.
c.
If any such license shall have been revoked, neither the holder thereof
nor any person acting for him, directly or indirectly, shall be entitled
to another license to carry on the same business within the Township
unless the application for such license shall be approved by the department
of health.
[Ord. No. 78-13]
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 is hereby established pursuant to R.S. 26:3-69.
1 to 69.6. A copy of the code is annexed hereto and made a part hereof
without the inclusion of the text thereof herein.
The code established and adopted by this section is described
and commonly known as the "Food and Beverage Vending Machine Code
of New Jersey (1961) ."
Three copies of the said "Food and Beverage Vending Machine
Code of New Jersey (1961)" have been placed on file in the office
of the health officer and the Township Clerk and will remain on file
there for the use and examination of the public during regular business
hours.
It shall be unlawful for any person, whether as principal or
agent, Clerk or employee either for himself or any other person, or
for any body corporate or as an officer of any corporation, otherwise
to:
a.
Engage in the operation of one or more machines or devices offered
for public use which, upon insertion of a coin, coins or token, or
by other means dispenses, unit servings of food or beverages, either
in bulk or package, without the necessity of replenishing the devices
between each vending operation, without first having applied to and
procured a permit from the department of health of this Township,
so to do, and without complying with any and all of the provisions
of the Food and Beverage Vending Machine Code of New Jersey (1961)
as adopted or amended by the Township council.
b.
Maintain or permit to be maintained on or in any location in this
Township, one or more machines or device offered for public use, which
upon insertion of a coin, coins or token, or by other means dispenses
unit servings of food or beverages, either in bulk or package, without
the necessity of replenishing the devices between each vending operation,
without first having applied to and procured a license for each such
machine or device from the Township department of health or without
complying with any and all of the provision of the Food and Beverage
Code of New Jersey (1961) as adopted or amended by the Township council.
As used in this section:
a.
COIN-OPERATED VENDING MACHINE — Shall mean and include any
device offered for public use which, upon insertion of a coin, coins,
or token or other means, dispenses unit servings of food or beverage,
either in bulk or package, without the necessity of replenishing the
devices between each vending operation.
b.
PREMISES — Shall mean the land and building and contiguous
lands and buildings comprising the entire establishment of the owner
or lessee thereof on which the coin-operated vending machine is located.
a.
The fees for licenses as required by Subsection 24-5.4 for regulation and inspection and control to be paid annually to this Township are hereby fixed as follows:
1.
Vending machines dispensing milk or milk products including yogurt
and ice cream, $5 per machine per year.
2.
Vending machines dispensing hot or cold beverages and other liquids
vended in open containers such as, but not solely restricted to carbonated,
and non-carbonated beverages, soup, chocolate and coffee, $10 per
machine per year.
3.
Vending machines dispensing ice in bulk, cubes or otherwise, $10
per machine per year.
4.
Vending machines dispensing readily perishable food such as but not
solely restricted to, sandwiches, entrees, salads and desserts, $10
per machine per year.
5.
Vending machines dispensing beverages in bottles and cans, other
than milk, $5 per machine per year.
6.
Vending machines dispensing foods and confections not readily perishable,
$5 per machine per year.
b.
The fees provided by Subsection a shall apply only to the first coin-operated vending machine on the premises and for each additional machine on the premises the fee shall be $5 per machine per year.
c.
All license and permit fees shall be paid to the department of health
of the Township on or before January 31 of each year.
d.
All permits and licenses issued under the authority of this section
shall expire on December 31 of each year.
e.
No license fee shall be required for any machine owned by any public
school, church or religious organizations, or any nonprofit corporation
or association of the State of New Jersey within the Township.
f.
New or additional coin-operated vending machines installed during
the year shall pay a pro rated license fee. However there shall be
no refund of a portion of the license fee for any machine removed
from the premises during the year. The fees established shall be prorated
for the first year of the within section (i.e., until December 31,
1978).
Application for and issuance of the licenses referred to in Subsection 24-5.4 above shall be made in conformity with the provisions of the Food and Beverage Code of New Jersey (1961) as adopted or amended by the Township council. Such licenses are not transferable.
Licenses issued under authority of this section may be suspended,
revoked, or reinstated by the department of health of this Township
pursuant to the provisions of the Food and Beverage Vending Code of
New Jersey (1961) as adopted or amended by the Township council.
No provision of this section shall be applied so as to impose
any unlawful burden on either interstate commerce or any activity
of the State or Federal Government.
The department of health shall supervise and arrange such inspections
of coin-operated vending machines and maintain such records as are
required by N.J.A.C. 8:51-1.1 et seq. and the Food and Beverage Code
of New Jersey (1961).
[Ord. No. 68-10]
a.
The growth,
existence or presence of ragweed, poison ivy or poison oak on any
plot of land, lot, street, right-of-way or any other public or private
place is hereby declared to be a nuisance and detrimental to public
health.
b.
No owner, tenant or occupant of any plot of land, lot, street, right-of-way
or any other public or private place shall cause, allow or permit
ragweed, poison ivy or poison oak to grow or exist thereon.
Whenever a nuisance as declared by this section is found on
any plot of land, lot, right-of-way or on any other private premises
or place, notice in writing shall be given to the owner thereof to
remove or abate the same 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 so notified speedily, such notice shall be left at that
place or premises with the tenant or occupant thereof or posted on
the premises, and such action shall be considered proper notification
to the owner, tenant or occupant thereof .
Whenever a nuisance as declared by this section is found on
any public property or any street or any other public premises or
place, notice in writing shall be given to the person in charge thereof
to remove or abate the same within such time as shall be specified
therein. If such person fails to comply with such notice within the
time specified therein, the department of health may remove or abate
such nuisance in the manner as hereinafter provided in the case of
a like condition existing on a private premise or place.
If the owner tenant or occupant upon being notified as provided by Subsection 24-6.2 shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the department of health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner and, upon certification of the expenses, this amount shall be added to the tax liability against the property in accordance with law; or, in the alternate, the department of health may file a complaint with the municipal court and, upon conviction thereof, a penalty may be enforced of not more than $200 and/or 90 days confinement for each subsequent offense. Each successive day during which the violation exists shall constitute a separate violation.
The provisions of this section shall be enforced by the department
of health, its agents or employees.
[Ord. No. 76-24; Ord. No. 22-06]
The Township deems it essential to establish regulations regarding
the maintaining and upgrading of its waterways which constitute natural
resources contributing to the value of the citizens.
As used in this section:
a.
PERSON — Shall mean and shall include any individual, corporation,
company, association, society, firm, partnership, joint venture, and
joint stock company.
b.
POLLUTANT — Shall mean any introduced gas, liquid or solid,
or any matter which is not an integral natural constituent of the
waterway in question, that may cause or threaten degradation of water
quality resulting in damage to the aquatic community or wildlife in
and adjacent to the affected water body or potability or threaten
injury to any of the inhabitants of the Township either in their health,
comfort or property.
c.
POLLUTION — Shall mean the introduction or presence of a pollutant
in or about the Township waterways.
d.
WATERWAY — Shall mean and include lakes, streams, brooks, storm
sewers, and all other natural watercourses and their adjoining shore
lines.
No person shall put, place, drain or store any substance in
such a manner so that it may result in the pollution of any waterways
in this Township.
No person shall alter, divert or change the level, shape or
flow of any waterway in the Township so as to interfere with the passage
of waters at the site upstream or downstream without the receipt of
appropriate local, county, State and Federal permits.
No person shall construct or cause to be constructed any structure
in, on, or over any waterway within the Township without the receipt
of appropriate local, county, State and Federal permits.
Any person responsible for the violation of any of the above
subsections shall immediately undertake to restore the waterways and
affected properties upon notification to do so from the Township.
If the person responsible fails to or refuses to take corrective action
to the Township's satisfaction, the Township may undertake the restoration
of waters and may retain agents and contractors for such purpose who
shall operate under the direction of the Township. All costs incurred
to correct the violations may be placed as a lien on the property
in violation or may be recovered in a civil suit.
Township jurisdiction shall be in the department of health and
those designated by the head of the department. Nothing herein contained
shall preclude the police department and its members from enforcing
the provisions of this section.
a.
Purpose. The purpose of this subsection is to prohibit spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Township of Scotch Plains, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply. To the extent that the provisions of this subsection shall conflict with the provisions of § 24-7, the terms hereof shall apply.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number 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.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Township of Scotch Plains or other public body,
and is designed and used for collecting and conveying stormwater.
MS4s do not include combined sewer systems, which are sewer systems
that are designed to carry sanitary sewage at all times and to collect
and transport stormwater from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of Scotch Plains is prohibited. The spilling,
dumping, or disposal of materials other than stormwater in such a
manner as to cause the discharge of pollutants to the municipal separate
storm sewer system is also prohibited.
d.
Exception to Prohibition.
1.
Water line flushing and discharges from potable water sources.
2.
Uncontaminated groundwater (e.g., filtration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwater).
3.
Air conditioning condensate (excluding contact and non-contact cooling
water).
4.
Irrigation water (including landscape and lawn watering runoff).
5.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
6.
Residential car washing water, and residential swimming pool discharges.
7.
Sidewalk, driveway and street wash water.
8.
Flows from firefighting activities.
9.
Flows from rinsing of the following equipment with clean water:
(a)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
(c)
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage and exposed parts and does not apply to
engines or other enclosed machinery.
e.
Enforcement. This subsection shall be enforced by the police department
and/or Code Enforcement Officer of the Township of Scotch Plains.
f.
Violations and Penalties. Any person(s) who is found to be in violation
of the provisions of this subsection shall be subject to a fine not
to exceed $500.
[Added 7-24-2018 by Ord.
No. 2018-20]
Every food establishment, new or existing, whether retail or
wholesale, that generates any amount of grease shall have a grease
interceptor installed downstream of the fixture used to wash its multiuse
utensils and equipment. Such fixture shall be a mechanical dishwasher
or multicompetent sink. Those existing establishments that do not
have a grease interceptor shall have a grace period of 90 days from
the date of enactment of this section to install a grease interceptor.
a.
The person or firm installing the grease interceptor shall first
obtain a permit from the Township of Scotch Plains Building Department.
b.
The grease interceptor shall not be installed closer than 10 feet
to the utensil washing fixture it serves, without permission from
the Township of Scotch Plains Health Department.
c.
The grease interceptor is to be installed as far away from the mechanical
dishwasher as reasonably possible.
d.
Grease shall be allowed to congeal overnight, and the grease interceptor
interior shall be inspected as soon as the establishment is opened
the following business day to determine the thickness of the layer
of grease. These inspections shall be conducted daily. If and when
the grease layer reaches a thickness of one inch or rises to within
one inch of the outlet baffle, it shall be removed from the interceptor
and placed into an approved exterior grease container. Small grease
generators not requiring an exterior grease container shall be permitted
to place the accumulation into a small plastic bag and dispose of
the grease in a garbage receptacle. The grease shall be removed from
the interceptor at frequent enough intervals to prevent grease in
excess of the PARSA and RVSA limit of 100 mg/L from entering the Township
of Scotch Plains sanitary system and to prevent waste backup within
the establishment or elsewhere.
e.
Proprietors must inspect grease interceptors daily and maintain inspection
records. The records shall be posted near the grease interceptor visible
to the Township Inspector and must include the date of inspection,
the name of the employee who performed the inspection, and the thickness
of the grease at the time of inspection.
f.
Enforcement. This subsection shall be enforced by the Code Enforcement
Officer of the Township of Scotch Plains.
g.
Violations and Penalties. Any person who is found in violation of
the provision of this subsection shall be subject to a fine not to
exceed $500. Each day that a violation continues beyond a given deadline
shall constitute a separate and distinct offense and additional penalties
may be impacted.
[Ord. No. 68-10; Ord. No. 15-01]
As used in this chapter:
The terms OFFAL, REFUSE, RUBBISH, GARBAGE, COMBUSTIBLE and NONCOMBUSTIBLE
WASTE used in this chapter shall be interchangeable and shall mean
and include the following:
a.
Refuse: garbage, combustible and/or noncombustible waste solids.
b.
Animal and/or vegetable waste solids resulting from the handling,
preparation, cooking and consumption of food.
c.
Combustible wastes, yard trimmings, rags, wood, cardboard and waste
solids of a nonvolatile or nonexplosive nature.
d.
Nonputrescible solid wastes of both combustible and noncombustible
wastes.
e.
Putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, ashes and solid market and industrial
wastes.
a.
The owner, agent, lessee, tenant or occupant of every dwelling house
or other premises where waste accumulates shall provide and keep on
such premises sufficient and suitable receptacles with tight fitting
covers for receiving and holding the waste.
b.
Sufficient is defined for the purpose of this section to be at least
one receptacle for each family unit or other occupant of premises
and at least two receptacles for each commercial or business establishment
where refuse shall accumulate; but each occupant of premises shall
provide sufficient receptacles to store all waste which may be accumulated
between the times when such refuse is disposed of as hereinafter provided.
c.
Suitable is defined to be a watertight metal, rubber or plastic receptacle
with a tight fitting cover so constructed as to prevent spilling or
leakage of its contents. Each receptacle for use at a single residence
shall have a capacity of not more than 20 gallons and be equipped
with a pull handle or handles.
d.
Receptacles for waste from multi-dwelling units or industrial premises may have a greater capacity than that prescribed in Subsection c hereof, provided they meet the qualifications of a suitable receptacle and are equipped for handling by motorized equipment, cleaned and sanitized as needed after emptying and replaced by the same type of receptacle if removed for emptying.
e.
Receptacles that are badly broken or otherwise fail to meet the requirements
of this section, may be classed as refuse and collected and disposed
of as such by the person or agency responsible for the collection
of refuse, provided that such receptacle shall not be collected if
it appears to have been suitable under the definition of this chapter
at some previous time, then in that event, there shall be given notice
to the owner of the fact that the receptacle is not deemed suitable
at least ten days before the receptacle is collected.
f.
Receptacles shall be conveniently located on premises for the storage
of refuse and maintained in such a manner with the cover in place
as to prevent creation of a nuisance or menace to public health.
a.
Garbage shall be thoroughly and completely drained of all liquids,
wrapped securely in paper or placed in paper bags and placed in a
receptacle as herein described.
b.
Paper shall be secured and properly tied into bundles or other packages
in a manner to prevent scattering while waiting or during collection.
The bundles or packages shall be of a size and weight to permit ease
of handling by one man.
c.
Combustible or noncombustible waste of such a nature that it cannot
be deposited in a receptacle shall be securely and properly tied into
bundles or packages to prevent spilling or scattering. The bundles
or packages shall be of a size and weight to permit ease of handling
by one man and shall be packaged or otherwise assembled in quantities
weighing not more than 50 pounds nor more than four feet in length.
a.
The person maintaining any premises whereon a business or industry
is conducted shall arrange for the removal of refuse on such premises
each day unless sufficient and suitable facilities are provided and
used for the storage of such refuse within a building on such premises
until the refuse is removed.
b.
The owner, tenant or person occupying any premises shall be required
to arrange for the pickup or collection of refuse from the premises
at least twice a week except when a stipulated holiday intervenes.
a.
All vehicles for which garbage permits are issued shall be of the
closed compacting type and shall be constructed and loaded in such
fashion that no part of the contents shall fall, leak or spill therefrom.
b.
Vehicles operated under a refuse permit must be properly covered
to prevent the scattering or spilling of rubbish either on private
or public property.
c.
Any licensee who shall spill or scatter any refuse collected by him
on either public or private property shall immediately collect such
refuse for disposal.
d.
All licensees shall comply with State laws, the ordinances of the
Township, and the rules, regulations and orders of the local department
of health and State board of health.
e.
Collections at residences shall be made between 6:00 a.m. and 7:00
p.m. on weekdays, Saturdays and holidays. The aforementioned hours
shall not be for commercial premises, except if adjacent to and/or
abutting residential property.
f.
Licensee shall be required to submit satisfactory evidence from the
owner of dumping grounds of dumping license or permit, which shall
be for a term not less than the period of the license, which shall
be filed with the department of health of the Township prior to the
issuance of the license herein.
a.
Enforcement of this section and penalties shall be governed by Chapter 3 of the Municipal Code of the Township of Scotch Plains and shall be specifically enforced by the Scotch Plains police department.
b.
Any licensee violating any provision of this chapter, or the rules
and regulations of the department of health relating thereto, may
be subject to a suspension or revocation of his license upon due hearing
before the department of health.
[Ord. No. 86-23; Ord. No. 87-15; Ord. No.
87-21; Ord. No. 87-26; Ord. No. 88-12; Ord. No. 90-20; Ord. No. 91-2; Ord. No. 91-18]
[Ord. No. 87-16; Ord. No. 91-18]
[Ord. No. 10-05]
An ordinance to prohibit the feeding of unconfined wildlife
in any public park or on any other property owned or operated by the
Township of Scotch Plains or on private property, so as to protect
public health, safety and welfare, and to prescribe penalties for
failure to comply.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife, including purposely or knowingly leaving or
storing any refuse, garbage, food product, pet food, forage product
or supplement, salt seed or birdseed, fruit, grain in a manner that
would constitute an attractant to any wild animal or waterfowl. Feeding
does not include baiting in the legal taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor domesticated.
a.
No person shall feed, on any private property or in any public park
or on any other property owned or operated by the Township of Scotch
Plains, any wildlife, excluding confined wildlife (for example, wildlife
confined in zoos, parks or rehabilitation center, or unconfined wildlife
at environmental education centers or farm animals.)
b.
No person shall feed on any public or private property deer or any
of the other wildlife set forth in Subsections 24-11.2c and 24-11.3a.
Deer means a ruminant animal having deciduous antler, usually in the
male only.
c.
Feeding of other songbirds and other backyard birds shall be permitted
outdoors at such times and in such numbers that: (1) such feeding
does not create an unreasonable disturbance that affects the rights
of surrounding property owners and renders other persons insecure
in the use of their property and; (2) does not create an accumulation
of droppings on the property and surrounding properties and; (3) does
not become an attractant for rodents or other wild animals and; (4)
bird feeders are placed at least five feet above the ground.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $100 for
the first offense, and for the second or subsequent offense a fine
of $100 to $300 and up to ten days of community service in the discretion
of the municipal court.
[Added 3-20-2018 by Ord. No. 2018-6]
It is the purpose and intent of this section to create and maintain
a list of municipal residents in need of special assistance in case
of an emergency for public safety purposes in accordance with P.L.
2017 c. 266 (N.J.S.A. 40:48-2.67).
The Township Clerk shall maintain a list containing the names
and addresses of Township residents who identify themselves as being
in need of special assistance in the event of emergency and who request
that this information be maintained on their behalf for public safety
purposes. The list maintained by the Township Clerk shall be cross-indexed
by name and address of each resident requesting to be on the list,
and shall identify the special circumstances of each individual.
The Township Clerk shall provide the list solely and strictly
for the purposes of P.L. 2017 c. 266 (N.J.S.A. 40:48-2.67) to the
Township Police Department, to each fire department or fire district
servicing the municipality, and to each first aid or rescue squad
servicing the municipality and shall ensure that they are provided
with updates at least monthly.
A notice shall be sent to Township residents annually with the
tax bills mailed to local property taxpayers advising residents that
a special needs list is being maintained by the Clerk for public safety
purposes. The notice shall include information as to how a municipal
resident may add his or her name and address to the municipal list.
Within 30 days following notification by the Township Clerk pursuant to Section 1 of P.L. 2017 c. 266 (N.J.S.A. 40:48-2.67), and thereafter, at the time of creation of a tenancy, a landlord shall advise each tenant that the Township Clerk maintains a list containing the names and addresses of Township residents who identify themselves as being in need of special assistance in the event of an emergency, and who request that this information be maintained on their behalf, for public safety purposes.
The Township Clerk shall notify each landlord who has filed a certificate of registration with the Township pursuant to Section 2 of P.L. 1974, c.50 (N.J.S.A. 46:8-28) of the existence of the list, and shall provide the landlord with a copy of a notice to be provided to the landlord's tenants, including information as to how a tenant may be added to the list.
The list of persons maintained by the Township Clerk identifying
themselves as being in need of special assistance in the event of
an emergency for public safety purposes pursuant to P.L. 2017 c. 266
(N.J.S.A. 40:48-2.67) shall not be a government record and shall be
deemed confidential for the purposes of P.L. 1963, c. 73 (N.J.S.A.
47:1A-1 et seq.).
