[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 11-5-1984
by Ord. No. 513 (Ch. 107 of the 1973 Code). Amendments noted
where applicable.]
A code defining and prohibiting certain matters, things, conditions
or acts, and each of them, as a nuisance; requiring the proper heating of
apartments; prohibiting lease or rental of certain buildings; authorizing
the inspection of premises by an enforcing official; providing for the removal
or abatement of certain nuisances and recovery of expenses incurred by the
Board of Health in removing or abating such nuisances, and prescribing penalties
for violations, is hereby established. A copy of the said code is annexed
hereto, and made a part hereof without the inclusion of the text thereof herein
set forth.
A.
The said code established and adopted by this chapter
is described and commonly known as the "New Jersey Public Health Nuisance
Code (1953)."
B.
Added to same as part of Section 2, Paragraph 2.1(j),
is the following:
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(j)
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The burning of any leaves, flowers, grass, organic or inorganic matter
or material by any person within the confines of this municipality.
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Three copies of the said New Jersey Public Health Nuisance Code (1953)
have been placed on file in the office of the Clerk of the Borough of Shrewsbury
upon the introduction of this chapter and will remain on file there until
final action is taken on this chapter for the use and examination of the public.
The said Board of Health and its agents or employees shall have the
right of entry, at any reasonable hour, into and upon any public or private
building or premises for the purpose of enforcing the provisions of such code
and of this chapter or determining whether such provisions or the rules and
regulations of the Board of Health are being complied with and obeyed. No
person shall oppose such entry or hinder or interfere with this Board of Health
or its agents or employees in the performance of their duties.
A.
Any person who violates any provision of this chapter
or code established herein shall, upon conviction, be subject to a fine of
not less than $50 nor more than $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or any combination
thereof. Each day a particular violation continues shall constitute a separate
offense.
B.
In the event of any violation of a New Jersey State law,
for which a greater penalty is provided for than that contained in the aforesaid
code and this chapter, the Municipal Judge before whom the complaint is brought,
based upon such violation, shall, in his discretion, have the right to impose,
in the place and in lieu of any penalty provided for herein, that which is
so provided for in the New Jersey State law which has been so violated.
