The owners, lessees, tenants, occupants and
managers of every shop, manufactory and premises where any burning
is done or wherein or whereon any engine or locomotive is used shall
not cause, suffer or allow any cinders, dust, gas or smoke to escape
or to be discharged from such building or premises to the detriment
or annoyance of any person not being therein or thereon engaged.
No person or persons shall carry on any trade,
manufacture or business within the Township which may be obnoxious
or offensive to the inhabitants of said Township or part thereof and
which may be attended by noisome or offensive odors without first
having obtained a permit to be granted by the Division of Health.
Such permit shall be granted on such terms and conditions as shall
be from time to time prescribed by said Division, to which terms or
conditions the applicant or applicants for such permit shall subscribe
before receiving said permit, and such permit shall not be transferable
in case of sale or transfer of business, but in such case a new application
must be made in the name of the parties who propose to conduct the
business; and the said trade, manufacture or business may be at any
time summarily abated in case of failure or neglect to comply with
the terms and conditions of the permit; and any such trade, manufacture
or business which may be established within the Township without having
first obtained the permit, hereinafter provided for, shall be summarily
abated.
Where such noisome or obnoxious odors, gas or
vapor or cause of ill health or disease shall be found on private
property, the Division of Health shall cause notice thereof to be
given to the owner or owners to remove or abate the same at their
own expense within such time as said Division shall deem proper. A
duplicate of the notice so given shall be left with one or more of
the tenants or occupants of the premises. If the owner resides out
of the state or cannot be reached with notice speedily, notice left
at the house or placed on the premises shall be deemed sufficient,
and if the owner or owners thus notified shall not comply with such
notification or order of the Division of Health within the time specified,
the Division may proceed to abate such nuisance and remove the cause
of such foul and noxious odors, gas or vapor or other things detrimental
to the public health, and such Division shall have the right to recover
by action for debt the expense incurred by said Division in the abatement
or remove, from any person or persons who shall have caused or allowed
such nuisance, source of foulness or cause of sickness hazardous to
the public health and from any owner, tenant or occupant of the premises
who, after notice as aforesaid, shall have failed to remove such nuisance
within the time specified in said notice; and in case the said Division
of Health shall fail to recover by such action an amount sufficient
to defray such expense, or if it shall be deemed expedient to bring
such suit the Division may present the bill, certified by said Division
or a majority thereof, to the local municipal authorities, and such
bill shall be audited and paid by the Township Council or other local
municipal government in and for which said Division is organized,
in the same manner as the bills for ordinary current expenses of such
municipality are paid.
Any person or persons who shall carelessly or
willfully aid in or contribute to the doing of any act dangerous to
life or detrimental to the health of any human being, or who shall
omit any precaution reasonable and proper to prevent or remove danger
or detriment to the life or health of any human being, shall be deemed
to have violated the provisions hereof.
Besides the special remedies for nuisances hereinbefore
mentioned, the Division of Health of the Township of Saddle Brook
shall, under the general laws as to the care of all nuisances or matters
prejudicial to health, have the power to take such measures as in
the Director's judgment the interests of the public health may require.
Every nuisance as above defined is hereby prohibited
and forbidden within the Township of Saddle Brook, and any person
or persons, firm, partnership or corporation making, causing, maintaining
or permitting any of the said nuisances shall be guilty of a violation
of this chapter.
