[HISTORY: Adopted by the Township Council of the Township of Franklin 9-11-1990 by Ord. No. 1599 (Ch. 169 of the 1990 Code). Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 88.
Unfit buildings — See Ch. 94.
Garbage, rubbish and refuse — See Ch. 142.
Housing standards — See Ch. 151.
Noise — See Ch. 167.
Property maintenance — See Ch. 183.
Peace and good order — See Ch. 265.
Recycling — See Ch. 284.
Rental dwellings — See Ch. 290.
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 spitting in or upon public buildings, conveyances or sidewalks, 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 Department of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188 of the Laws of 1950. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereon herein.
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
Said code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of said Public Health Nuisance Code of New Jersey (1953) have been placed on file in the office of the Health Officer and Clerk of the Township upon the introduction of this chapter and will remain on file there for use and examination by the public.
Section II, Nuisances defined and prohibited, Section 2.1, of the New Jersey Public Health Nuisance Code (1953) is hereby amended by the addition of the following subsection:
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCING OFFICIAL
- Includes the Health Officer or other official authorized by the Department of Health to enforce this code and ordinance.
- Includes an individual, firm, corporation, association, society, partnership, and their agents or employees.
[Amended 12-9-1997 by Ord. No. 2049; 11-23-2004 by Ord. No. 3503]
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:
Pollution, or existence of a condition or conditions which cause or threaten pollution, of any waters in this municipality in such manner as to cause or threaten injury to any of the inhabitants of this municipality either in their health, comfort or property.
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air of such quantities of smoke, fly ash, dust, fumes, vapors, mists, or gases as to cause injury, detriment, or annoyance to the inhabitants of this municipality or endanger their comfort, repose, health or safety.
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
The growth, existence or presence of poison ivy within 20 feet of any property line.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
The existence or presence of any accumulation of garbage, refuse, manure, or animal or vegetable matter which may attract flies and to which flies may have access, or in which fly larvae or pupae breed or exist.
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.
The stockpiling or accumulating of composted sewerage sludge which may cause odor, nuisances or air pollution or threaten water pollution or which may attract flies or rodents or which may be located in a flood plain or within 200 feet of any well or stream.
Any open or unguarded well, cistern, cesspool, excavation in which there has accumulated any surface or drainage water, or abandoned excavations situated within the Township. Any such public nuisance shall be abated without further notice by the owner of the land on which such public nuisance exists.
For the purposes of the preceding nuisance, an open or unguarded well, cistern or cesspool is one which is not securely covered area, or completely enclosed by a permanent fence at least four feet in height; an unguarded excavation is one which is not completely enclosed by a fence at least four feet in height; and an abandoned excavation is one in which further construction has been permanently discontinued.
It shall be unlawful for any person or persons to commit, maintain or allow any nuisance, as declared and described in this section.
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied or is occupied as a residence by more than two families to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such manner that the temperature of said building where one or more persons reside shall always be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 6:00 a.m., the temperature must be maintained at a minimum of 65° F.
It shall be the obligation of the owner of any multiple dwelling to have the heating system supplying heat to said multiple dwellings inspected annually and in accordance with the provisions of N.J.S.A. 55:13A-1 et seq. and Chapter 151, Housing Standards. Said inspection shall be for the following purposes:
To insure that the system is being maintained in accordance with the standards applicable to the system as of the time of installation;
To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into health and/or safety hazards or become violations of these regulations;
To confirm the ability of the system to fulfill the heating requirements provided hereunder. Annual certifications of the required inspections shall be made by the owners to the Franklin Township Health Department by September 15th of each year. In addition to the required inspections under N.J.S.A. 55:13A-1 et seq., the Franklin Township Department of Health reserves the right to make additional inspections of heating equipment.
Failure to properly maintain the heating system by regular preventive maintenance activities, which failure results in frequent breakdowns of the system, shall constitute a separate violation of this chapter. "Frequent breakdowns" shall be defined for the purposes herein as the breakdown of a heating system for a period of 24 hours, such breakdown occurring more than once in any thirty-day period.
In the event of a failure of a heating system to supply heat to the required temperatures when the outside temperature remains at or below the freezing point, and such failure persists for a period of 24 hours, the owner and/or operator of the units shall make every emergency effort to provide alternate means of heat supply, at the owner's expense, in order to protect the occupant's health and well-being, including, but not limited to, the relocation of the affected occupants to an adequately heated facility.
It shall be unlawful for any person to spit upon any public sidewalk or upon any part of the interior or exterior of any public building or public conveyance.
All places and premises in this municipality shall be subject to inspection by the Department of Health officials if they have reason to believe that any section of this code is being violated.
It shall be unlawful for any person to hinder, obstruct, delay, resist or prevent the Department of Health officials from having full access to any place or premises upon which a violation of this code is believed to exist.
Whenever a nuisance as declared by 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 24 hours 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. Said twenty-four-hour notice may be waived by the Director of Health or his official designee where serious disease or safety hazards of an emergency nature may exist.
To the extent applicable, the provisions of N.J.S.A. 26:3-59 apply to inspections performed hereunder.
[Added 12-9-1997 by Ord. No. 2049]
The provisions of this code shall be enforced by the Department of Health and its licensed officials.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the penalties as provided in Chapter 1, Article II, General Penalty, at the discretion of the court. Every day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.