[HISTORY: Adopted by the Board of Health of the Borough of Madison 10-9-1962 by Ord. No. 5BH. Amendments noted where applicable.]
GENERAL REFERENCES
Establishment of Board of Health — See Ch. 22.
Brush, grass and weeds — See Ch. 73.
Fire prevention — See Ch. 101.
Garbage, rubbish and refuse — See Ch. 107.
Property maintenance — See Ch. 145.
Sewers — See Ch. 155.
Abandoned vehicles — See Ch. 183.
Water — See Ch. 190.
Plumbing — See Ch. 222.
Solid waste — See Ch. 228.
[Amended 11-21-2017 by Ord. No. BH 2017-4]
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH, LOCAL BOARD OF HEALTH OR BOARD
The Board of Health of the Borough of Madison, New Jersey.
BOROUGH, THE BOROUGH, SAID BOROUGH, THIS BOROUGH OR MUNICIPALITY
The Borough of Madison, New Jersey.
HEALTH DEPARTMENT
The Health Department of the Borough of Madison, New Jersey, which shall include the Health Officer of said borough and the officers and personnel who shall, under the jurisdiction of the Board of Health, and by the direction of said Health Officer, or as empowered by the statutes of the State of New Jersey, be engaged in the protection of health in the Borough of Madison and the enforcement of the public health laws of the State of New Jersey and the provisions of this chapter.
HEALTH OFFICER
The Health Officer of the Borough of Madison appointed by the Board of Health of the Borough of Madison.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
REGISTERED ENVIRONMENTAL HEALTH SPECIALIST
The Registered Environmental Health Specialist of the Borough of Madison appointed by the Board of Health of the Borough of Madison.
[Amended 11-21-2017 by Ord. No. BH 2017-4]
A. 
No person shall create, commit, maintain or allow to be created, committed or maintained any nuisance within the Borough of Madison, New Jersey.
B. 
For the purposes of this chapter, the following specific things, conditions and acts, each and all of them, are hereby defined and declared to be nuisances:
(1) 
Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water, or any cistern, privy vault, cesspool, rain barrel or other receptacle containing liquid, or permitting the accumulation of any water or liquid in which mosquito larvae or pupae breed or do exist.
(2) 
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter in which fly larvae or pupae exist, or which attracts flies and other insects or wherein they breed.
(3) 
Constructing, maintaining or using any well, or permitting the use of any well or other supply of water for drinking or household purposes, which is polluted or which is so situated or constructed that it may become polluted.
(4) 
Polluting or causing or permitting the existence of any condition or conditions which pollute or cause or threaten the pollution of any source of potable waters or any water supply.
(5) 
Permitting ragweed in a flowering state or poison ivy to exist or to grow upon any public or private property.
(6) 
Permitting the existence of any imperfect, defective, leaking, unclean or filthy sink, water closet, urinal, sump pit, stop basin or other plumbing fixture in any building used or occupied by human beings.
(7) 
Depositing, maintaining or permitting the maintenance or accumulation of any household refuse, wastewater, sewage, garbage, tin cans, offal or excrement; any decaying fruit, vegetable, fish, meat, animal carcass or bones; any oyster or clam shells; or any other matter, material, substance or thing which serves as food for insects or rodents and to which they may have access, or which serves as or constitutes a breeding place or harborage for insects, rats or other rodents.
(8) 
Causing or permitting to be created or to exist on any property any foul or obnoxious odors, gases or vapors.
(9) 
Depositing or storing or permitting the deposit, storage or accumulation on any property of any foul, putrid, corrosive or otherwise obnoxious liquid or substance.
(10) 
Depositing or storing or permitting the deposit, storage or accumulation on any property of any chemical or other waste or flammable, explosive, corrosive or otherwise dangerous liquid material or substance, except in a manner and under such conditions and restrictions as are prescribed by law.
(11) 
Permitting any garbage, offal, scraps, waste food or other putrescible material to be held in a container which is not watertight or which is uncovered, in any store or factory, outside of any building, on any public or private property or in any building of multiple occupancy, except in individual apartments.
(12) 
Spitting by any person upon any public sidewalk or crossing, or upon the floor of any public building, bus or other public conveyance.
(13) 
The keeping of horses, cows, goats, and roosters, and the keeping of cats or dogs without a license issued by the Board of Health.
[Amended 6-3-2024 by Ord. No. BH 2024-2]
(14) 
The keeping of chickens, except by special written permit issued by the Health Department, after inspection of the premises and review by the Zoning Department.
[Amended 6-3-2024 by Ord. No. BH 2024-2]
(15) 
Permitting any human excrement or material containing human excrement to remain or flow upon the surface of the ground, or to remain or flow in any open ditch or stream; or burying, ploughing under or otherwise disposing of such excrement or permitting the same to be done within 100 feet of any stream, well, lake, spring or other source of water used for drinking or domestic purposes; or depositing or permitting to be deposited any such material in any place where it is likely to gain access to such water or appear again above the surface of the ground.
C. 
No person shall, within the Borough of Madison, sweep, throw, place or otherwise deposit in or upon any sidewalk, street, gutter, public alley, park or parking area, or any other public place any dirt, rubbish, paper, garbage, filth, ashes, glass, rubbish or refuse of any kind, or suffer or permit the same to be done.
D. 
No person shall throw, deposit or otherwise place upon any sidewalk, crosswalk or other public place used for pedestrian travel any fruit, vegetable or other substance which, when stepped upon, is liable to cause or does cause any person to slip or fall.
E. 
No person shall, within the Borough of Madison, direct, discharge or otherwise drain or cause or permit the direction, discharge, flow or drainage into any gutter, or upon or across any sidewalk, street, public alley, park or parking area or any other public or private place, of any:
(1) 
Refuse or wastewater from any sink, stable, toilet, septic tank, cesspool, sewer lateral or sewage disposal unit.
(2) 
Waste- or wash water from any laundry, automobile filling station, garage or car-washing establishment.
(3) 
Stormwater from a cellar drain or sump pump, or from any storm drain, brook, spring, pond, marsh lowland or from any swimming pool.
F. 
No person shall, within the Borough of Madison, deposit, empty, drain or discharge any gasoline, fuel or lubricating oil or other petroleum product or derivatives; or any solvent, thinner, lacquer, paint, paint remover, varnish, cleaning fluid or other cleansing preparation; or anything of a corrosive, explosive or flammable nature; or any effluent containing any of the same into any storm sewer, catch basin, ditch, stormwater drain, gutter, street or other public place.
G. 
No person shall, within the Borough of Madison, burn any substance in any public streets; or burn or permit to be burned any garbage, animal remains or offal; or burn any other substance in such a manner that there is thereby created noxious, nauseating or annoying smoke, fumes or odors.
H. 
No person shall, within the Borough of Madison, allow the planting, growing or maintaining of any native and non-native invasive vines or vegetation that extends roots across or extends branches, stalks or leaves over any public property, right-of-way or onto any adjacent private property. The planting, growing or maintaining of any native and non-native invasive vines or vegetation shall be as follows:
(1) 
Planting of any bamboo shall be planted in a contained area using appropriate materials that will effectively contain the spread of roots, branches, stalks or leaves over any public property, right-of-way or onto any adjacent private property. Any planting of bamboo will be at least two feet from any property line to allow for the maintenance of the bamboo and containment area.
(2) 
Any existing bamboo planted prior to the effective date of this section may remain, provided that:
(a) 
All plant parts, including leaves, stalks, branches and roots, are removed or trimmed so they are effectively contained from and don't encroach on the property line;
(b) 
All plant parts, including leaves, stalks, branches and roots, that encroach upon any private property, right-of-way, or public property shall be the responsibility of the owner of the property cited for such encroachment;
(c) 
Upon passage of this ordinance,[1] removal and containment as noted in Subsection H(2)(a) and (b) above shall be completed within 180 days of receipt of violation notice; and
[1]
Editor's Note: "This ordinance" refers to Ord. No. BH 2017-4.
(d) 
After May 1, 2018, containment and removal as noted in Subsection H(2)(b) above shall be completed within 30 days of receipt of violation notice.
(3) 
Inspections and violation notices will be initiated only upon complaints received from affected adjacent property owners, occupants, tenants, or other persons who have direct responsibility for the property encroached upon, by the property owner cited for such encroachment.
A. 
Noises and sounds.
(1) 
It shall be unlawful for any person to make, cause or suffer or permit to be made or caused upon any premises owned, occupied or controlled by him or it, or upon any public street or thoroughfare in the Borough of Madison, any noises or sounds contrary to the following maximum permissible sound pressure requirements:
Maximum Permissible Sound Pressure Levels Measured from Nearest Property or Boundary Line
(decibels re 0.0002 dynes/cm2)
Octave Bands Frequency
(cycles per second)
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
0 to 75
69
74
75 to 150
54
59
150 to 300
47
52
300 to 600
41
46
600 to 1,200
37
42
1,200 to 2,400
34
39
2,400 to 4,800
31
36
4,800 up
28
33
Overall
—
—
Correction for the following:
Noise of impulsive character (hammering): -5db
Noise of periodic character (hum, screech, etc.): -5db
Noise operating less than 12 minutes per hour: -5db
Noise operating less than 3 minutes per hour: 10db
Noise operating less than 1 minute per hour: 15db
(2) 
Industrial noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness.
B. 
The creation, existence or continuance of any condition or situation which is a violation of or contrary to any of the provisions of this chapter is hereby declared to constitute a nuisance, and the same shall be subject to injunction and abatement in the manner provided by law.
[Amended 11-21-2017 by Ord. No. BH 2017-4]
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied or 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 11:00 p.m., and 65° F. between 11:00 p.m. and 6:00 a.m.
[Amended 11-21-2017 by Ord. No. BH 2017-4]
All places and premises in this municipality shall be subject to inspection by the authority of the Board of Health, through the Health Officer, Registered Environmental Health Specialist, or other officials authorized by the Health Officer.
A. 
Whenever a nuisance, as declared by this chapter, 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 five days 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.
B. 
If the owner resides out of the state or cannot be so notified speedily, such notice shall be left at that place or premises with the tenant or occupant thereof or posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
C. 
Whenever a nuisance, as declared by this chapter, is found on any public property or on any highway or any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Board of Health may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
D. 
If the owner, tenant or occupant who is notified as provided by this section shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Board of Health shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as said Board shall deem proper in accordance with law.
The Board of Health may institute an action at law to recover costs incurred by it in the removal or abatement of any nuisance, as declared by this chapter, from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant or occupant of premises who, after notice and notification as herein provided, shall fail to remove and abate the same within the time specified in such notice.
[Amended 2-15-1977 by Ord. No. BH-1-77]
Any person who violates or neglects to comply with any provision of this chapter, or any notice or order issued pursuant thereto, shall, upon conviction, be subject to the penalties provided in Chapter 201, General Provisions, Board of Health, Article I.