[HISTORY: Adopted by the Board of Health of the City of Linden 10-24-2023 by Ord. No. 2023-04. Amendments noted where applicable.]
[Amended 3-26-2024 by Ord. No. 2024-01]
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent within 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.
AGRICULTURAL ANIMALS
Any cattle, sheep, swine, goats, llamas, horses, poultry, rabbits, mink, chinchilla, ratites, or any other animal which are intended for use as a source of food, fiber, fur, feathers, or skin, and/or for use as a work animal. “Agricultural animals” does not include honeybees within the genus Apis.
BOARD OF HEALTH
The City of Linden Board of Health.
FEED
To give, place, expose, deposit, distribute, or scatter any edible material with the intention of feeding, attracting, or enticing wildlife. "Feeding" does not include baiting in the legal taking of fish and/or game.
MUNICIPALITY
The City of Linden.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
PUBLIC HEALTH NUISANCE CODE OF NEW JERSEY (1953)
That certain code approved by the State Department of Health on September 16, 1953, for adoption by reference in accordance with the law.
WILDLIFE
All animals that are neither human nor domesticated. "Wildlife" does not include honeybees within the genus Apis. "Wildlife" does not include confined wildlife, such as those in zoos, parks, shelters, rehabilitation centers, or environmental education centers.
a. 
Pursuant to and in accordance with the Public Health and Sanitation Codes Adoption by Reference Act (N.J.S.A. 26:3-69.1 to 26:3-69.6), there is hereby established and adopted as the Public Health Nuisance Code of the Board of Health the whole of the Public Health Nuisance Code of New Jersey (1953); excluding Section II, Nuisances Defined and Prohibited, Paragraphs 2.1(a) and 2.1(b), both of which have been declared unconstitutional.
b. 
The required printed copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the City Clerk and Health Officer and shall remain on file in said offices for use and examination by the public so long as this chapter shall remain in effect.
[Amended 3-26-2024 by Ord. No. 2024-01]
In addition to those nuisances set forth in the Public Health Nuisance Code of New Jersey (1953), 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 municipality:
a. 
Any condition or act that creates foul or obnoxious odors or fumes.
b. 
Any condition or act that causes the escape onto the ground surface or into the open air or the emission of material of any kind, which may or may not be considered hazardous, whether gaseous, liquid or solid.
c. 
Substances including, but not limited to, chemicals, petroleum, waste oil, grease or similar substances or vapor fumes emitted onto the ground surface or into the open air or stored on any property without the proper and legal authority to do so or beyond the prescribed, accepted and legal uses and/or beyond accepted and legal disposal methods.
d. 
Putting, depositing, storing, placing or causing to be put, deposited, stored or placed any and all fecal matter on any public or private property.
e. 
Feeding any wildlife on any public or private property.
f. 
Spitting upon any public sidewalk, public street, public conveyance, or other public property.
g. 
The breeding, raising, slaughtering, or keeping for any reason any agricultural animal on any property within the jurisdictional limits of the City of Linden.
This chapter shall be enforced by the Health Officer or their designee, or by the City of Linden Police Department.
a. 
Each day that a violation occurs constitutes a separate and unique violation.
b. 
Any person found to be in violation of the provisions of this chapter shall be subjected to a fine of not less than $50 and not more than $2,000.
a. 
If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated.
b. 
All ordinances or parts of ordinances, which are inconsistent with any provisions of this chapter, are hereby repealed as to the extent of such inconsistencies.
c. 
No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy there from, of any person for injury or damage arising from any violation of this chapter or from other law.
This chapter shall take effect upon final passage in accordance with law.