As used in this chapter, the following terms have the meanings
indicated:
PORTABLE CHEMICAL TOILET
Portable toilet, port-a-john, port-a-potty, outside toilet,
outside lavatory, outhouse, or other similar device or apparatus used
for the reception and/or storage of solid and/or liquid human excrement,
whether temporary or permanent in nature.
No individual, corporation, partnership, organization, or other
institution commonly recognized by law as a unit shall use, furnish,
construct, install, maintain, operate, provide, or permit the use,
furnishing, construction, installation, maintenance, operation, or
provision of a portable chemical toilet within the City of Linden
unless a permit therefor is first obtained from this Board of Health.
Such permit shall be posted in a conspicuous place at the location
of said toilet.
Where any individual, corporation, partnership, organization, or other institution commonly recognized by law as a unit files an original permit application with the Board of Health, said application shall be accompanied by a permit fee as established by the Board of Health in Chapter
BH6, Fee Schedule.
Upon receiving a completed application and required permit fee,
the Board of Health shall immediately institute whatever reasonable
investigation is necessary concerning the application in question.
If satisfied, based upon that investigation, the local Board of Health
may issue a temporary permit for the use of a portable chemical toilet
only for one of the following purposes:
a. Public events on such as sporting events, parades, carnivals, fairs,
and other similar temporary events.
b. Private events such as picnics, parties, and other similar temporary
events.
d. Any other purpose where good cause is shown by the application to
justify the issuance of the permit.
A permit shall not exceed the following, except that a renewal
of a permit may be obtained where the continued temporary use of the
portable chemical toilet is shown to be necessary to the satisfaction
of the Health Officer or their designee:
a. Seven days for a public or private temporary event.
b. One month for a construction site.
c. Seven days for any other purpose.
Use of a portable chemical toilet shall be subject to the following
regulations:
a. Portable chemical toilets shall be located on the property indicated
in the application, and shall be located at least 20 feet from any
property line. If a distance of 20 feet from a property line is not
achievable due to limitations of space of the area in question, the
portable chemical toilet shall be located in an area as approved by
the Health Officer or their designee.
b. Portable chemical toilets shall be locked or otherwise secured when
not in use, to prevent unauthorized entry and/or use.
c. Portable chemical toilets shall be maintained in a clean and sanitary
condition at all times.
d. Portable chemical toilets shall be serviced and maintained as often
as is necessary to prevent it constituting a public health nuisance
by causing odors, providing a food source and/or breeding grounds
for insects and/or rodents, or as otherwise determined by the Health
Officer or their designee in accordance with local, county, and state
ordinances.
e. The waste matter from portable chemical toilets shall be disposed
of and properly treated at a sewage treatment plant, and no waste
matter from a portable chemical toilet shall be otherwise disposed
of within the limits of the City of Linden.
f. Portable chemical toilets and the disposal of waste matter therefrom
shall at all times be subject to inspection and investigation by the
Health Officer or their designee, and the applicant shall at all times
permit such inspection and investigation by the Health Officer or
their designee.
Where any portable chemical toilet in the City of Linden found
to be in violation of the provisions of this chapter, or any other
ordinances of the City of Linden, the County of Union, or the State
of New Jersey, in connection herewith, the permit may be revoked by
the Board of Health after reasonable notice and hearing.
All of the provisions of this chapter shall apply to all portable
chemical toilets within the City of Linden, including those used for
local, county, state, or other public governmental agencies for the
purposes of road work, emergency purposes, or as required under state
law to be provided on such work site, unless a waiver of any and all
provisions of this chapter are approved by the Health Officer or their
designee.
The Health Officer, the Construction Official, and the Chief
of Police, or their designees, shall have full authority to enforce
the provisions of this chapter.
All resolutions and/or ordinances or portions thereof inconsistent
with this chapter are hereby repealed.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason deemed invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions hereof.