The local Board of Health of the Borough of Bergenfield in the County of Bergen and the State of New Jersey, acting pursuant to and by virtue of the power and authority conferred by the Public Laws of the State of New Jersey, hereby enacts the following chapter.
These articles shall be known and designated as "The Sanitary Code of the Board of Health of the Borough of Bergenfield, Bergen County, New Jersey."
[Amended 10-16-2007; 2-13-2024 by Ord. No. BOH 24-001; 9-10-2024 by Ord. No. BOH 24-002]
Certain words or terms as hereinafter used in this code are hereby defined as follows:
An employee of the Borough of Bergenfield Health Department, authorized by the Bergenfield Board of Health and licensed where required by the State of New Jersey.
The presence in the outdoor atmosphere of one or more contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, to plant or animal life, or to property.
A deliberate or inadvertent action.
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
Any living creature other than man including but not limited to mammals, birds, reptiles, amphibians, insects, and arachnids.
The Board of Health of the Borough of Bergenfield and its authorized agents or designees.
The Board of Health of the Borough of Bergenfield and its authorized agents or designees.
The Borough of Bergenfield.
Household-generated nonputrescible waste that is generally too large to fit into a thirty-two-gallon container or of such a large quantity requiring a separate pickup from the weekly garbage collection and generally collected once a month. This may include, but is not limited to, household furniture, mattresses, waste from owner- or occupant-completed home projects and major appliances.
Any member of the domestic feline species.
Any cat which has attained an age of six months or which possesses a set of permanent teeth.
A fixed licensed retail food establishment permitted by a Local Health Department to which a mobile retail food establishment may use for various food preparation or other support activities to conduct or operate in a sanitary manner.
A signed agreement that signifies both the mobile and fixed retail food establishments agree to the mobile retail food establishment's use of the fixed retail food establishment's facility for one or more services listed below:
Filling mobile water tank or containers from potable water supply.
Storage of shelf stable or pre-packaged foods.
Washing, rinsing, cutting prepping whole produce or raw products.
Cooking, frying, grilling, or baking.
Cooling or reheating prepared food or food products.
Cleaning and sanitizing equipment/utensils in three-compartment sink or commercial dishwasher.
Storing equipment, utensils, oil.
Cleaning the interior of a mobile retail establishment.
Disinfecting the exterior of a mobile retail establishment.
Proper disposal of sewage and wastewater.
Any other additional supporting activities required to properly conduct a mobile retail food establishment as required by the local health department.
Those diseases named as reportable in the New Jersey State Department of Health Sanitary Code or any other diseases declared by the New Jersey State Department of Health to be dangerous to the public health or of a pestilential nature.
All ruminants including but not limited to sheep, goats, and cows.
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
Animals that are kept, owned, or harbored for food and/or as pets and are bred specifically for those purposes and are usually more docile and genetically distinct from their wild counterparts.
Any building or portion thereof which is used or intended for use as the residence or sleeping place of one or more individuals, families, or households.
Any species of animals not native to the State of New Jersey.
Any food, beverage including water, or ice intended for human consumption.
A permit or license issued or granted to any person in connection with the preparation, service, or sale of food products.
Any self-service device that, upon insertion of a coin, token, or by other means, dispenses unit servings of food or beverage either in bulk or in a package, without the necessity of replenishing the device between each vending operation. It shall also include nonmechanical boxes for honor-type arrangements.
Any domestic birds including but not limited to chickens (hens or roosters), guinea hens, ducks, geese, and turkeys.
Refuse that contains animal or vegetable matter from houses, kitchens, restaurants, hotels, produce markets, or any other source or food of any kind to be thrown away.
The Health Department of the Borough of Bergenfield.
Any establishment wherein or whereupon the business of boarding or selling dogs or breeding dogs for gifts or sale is carried on, except a pet shop.
A written authorization of the Board to conduct a business as specified therein.
The agency or department of the Borough of Bergenfield or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this chapter.
Those persons duly appointed by the Mayor and confirmed by the Council of the Borough of Bergenfield to constitute the Board of Health.
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit including hand-carried, portable containers on which food or beverages are transported, stored, or prepared for retail sale or given away at temporary locations.
Any sound that disturbs a person of normal/average sensitivity (as opposed to hypersensitive) to noise, from the peaceful enjoyment of his/her property.
Any scratch, abrasion, open wound, or mucous membranes contaminated with saliva or other potentially infectious material (such as brain tissue) from a suspected rabid animal.
That property of a substance that affects the sense of smell.
Any person who has care, custody, or control of a building or premise(s), or a portion thereof, whether with or without the knowledge of the owner thereof.
Any person who, singly, jointly, or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care, or control of any premises or part thereof including but not limited to a dwelling or dwelling unit, as owner or agent of the owner; or a fiduciary of the owner including but not limited to executor or executrix, administrator, trustee, receiver, guardian, or a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee or sublessee of all or any premise, including but not limited to a dwelling or dwelling unit, shall be deemed to be coowner with the lessor and shall have joint responsibility with the owner over the premises or portion thereof so leased or subleased.
A written authorization issued by the Board to perform a specified work or conduct a business.
Any individual, corporation, partnership, organization, institution, or any entity commonly recognized by law as a single unit.
The individual present at a retail food establishment who is responsible for the operation at the time of an inspection.
Any land, place, structure, facility or building provided by any person, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains.
Any place of business except kennels wherein animals are offered for sale to the public for personal appreciation and companionship.
Any establishment for the confinement of dogs or other animals seized either under the provisions of N.J.S.A. 4:19-15.16 or otherwise.
Land, improvements thereon, or any part thereof.
Any noncommercial residential property.
Any person who has had at least three years experience employed in the repair and/or inspection of boilers and/or furnaces.
All putrescible and nonputrescible wastes (except body wastes, medical wastes, and hazardous wastes), and shall include but not be limited to garbage, yard trimmings, leaves, ashes, street cleanings, dead animals, business waste, trade waste, household appliances, furniture, clothing, mattresses, wood and any other similar materials.
Any fixed or mobile food operation as defined in the current Code of NJ State Chapter 24 “Sanitation in Retail Food Establishments and Food and Beverage Vending Machines.”
Any retail food establishment that:
Any retail food establishment that has a limited menu; and
Prepares, cooks, and serves most products immediately;
Exercises hot and cold holding of potentially hazardous foods after preparation or cooking; or
Limits the complex preparation of potentially hazardous foods, including the cooking, cooling, and reheating for hot holding, to two or fewer items.
Any retail establishment that:
Has an extensive menu which requires the handling of raw ingredients and is involved in the complex preparation of menu items that include the cooking, cooling, and reheating of at least three potentially hazardous foods; or
Prepares and serves potentially hazardous foods, including the extensive handling of raw ingredients, and whose primary service population is a highly susceptible population.
Hoofed mammals such as but not limited to sheep, goats, and cows, which have stomachs with four complete cavities.
Any establishment where dogs or other animals are received, housed, and distributed.
Violations that pose a serious threat, as determined by the Health Officer and/or Board of Health, to the health and safety of animals or humans in the care of the licensee.
Animals commonly sold at pet shops including but not limited to guinea pigs, hamsters, gerbils, domestic rabbits, ferrets, birds, reptiles, amphibians, and arachnids.
Any person, organization, or entity that conducts, manages, organizes, or promotes a special event with three or more mobile retail food establishments. A special event coordinator is responsible for submitting a mobile retail food establishment list to the Bergenfield Health Department at least 21 days' prior to the special event.
A written authorization issued by the Borough Administrator reviewed, approved, and inspected by the Health Department, which allows a retail or mobile food establishment to provide foods and/or beverages for sale or at no charge during a special event.
The affixation of pictures, words or designs to any part of the human body by any means involving injecting or scratching dyes or other coloring matter into or under the skin.
All solid or liquid material or refuse resulting from construction, demolition, or the operation of any business, trade, or industry, and shall include but not be limited to plastics, masonry, wood, paint, grease, oil, asphalt, chemicals, and other forms of solid or liquid waste materials.
Any noxious animal including but not limited to mice, rats, flies, maggots and certain species of beetles.
A.
Minimum and maximum penalty. Any person violating any of the provisions of any article of this Code, shall, upon conviction thereof, pay a penalty of not of less than $50 nor more than $1,000 or imprisonment for a maximum term of 90 days, or both, for each offense, except that the minimum fine for the defiling of property § 344-47E, shall be $100. Complaints shall be made in the Municipal Court in the Borough of Bergenfield or such other court as shall be of competent jurisdiction. This provision shall not be construed as to limit the Court's power to impose other and additional penalties as provided by N.J.S.A. 26:3-77 and 26:3-78.
B.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any article adopted by the Board of Health exists shall constitute a separate violation.
C.
Collection of fees and penalties. All fees and penalties collected under any provisions of this code shall be paid to the Treasurer of the Borough of Bergenfield.
D.
Enforcement. A licensed registered environmental health specialist or Health Officer employed by the Bergenfield Health Department will enforce the Bergenfield Sanitary Code.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under the enforcement provisions of the Bergenfield Sanitary Code.