[HISTORY: Adopted by the Board of Health of the Borough of Franklin
Lakes 10-5-1998 by Ord. No. 7-98 as Ch.
BH:IV of the 1988 Code. Amendments noted where applicable.]
A code defining and prohibiting certain matters, things, conditions
or acts and each of them as a nuisance, prohibiting certain noises
or sounds, requiring the proper heating of apartments, prohibiting lease or
rental of certain buildings, 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 Board of Health in removing or abating
such nuisances and prescribing penalties for violations is hereby established
pursuant to Chapter 188, Laws of 1950.[1] A copy of the code is annexed hereto and made a part hereof without
the inclusion of the text thereof herein.
[1]
Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
The 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 the Public Health Nuisance Code of New Jersey (1953)
have been placed on file in the office of the Secretary of the Board of Health
for the use and examination of the public.
The following specific acts or omissions, or the maintenance or allowance
of any of the following conditions, are hereby prohibited and are declared
to be or to constitute nuisances:
A.
Depositing, maintaining or permitting to exist any foul,
decaying, odorous or offensive matter, including sewage sludge, organic sludge
and industrial waste materials, in or upon any lot, yard, street, house, building,
premises or place, whether public or private.
B.
Maintaining any excavation or any cans, barrels or other
receptacles where water may stagnate or mosquito larvae may breed.
C.
Throwing or overflowing of any slops, stable drainage,
liquid filth, or septic tank, cesspool or privy contents upon any public or
private property.
D.
Maintaining any polluted well, spring, stream or supply
of drinking water.
E.
Taking or allowing of any dog, cat or other animal to
enter any store where food is handled or sold.
F.
Maintaining any chimney, smokestack, pipe or flue, or
any part thereof, that is out of repair and so defective as to allow coal
gas or noxious fumes to escape into the building where it is situated or into
any adjacent building.
G.
Allowing to exist any unclean or unsanitary conditions
in any cellar, room or building or any imperfect plumbing or sewer appliances
or connection from which any foul or noxious odors or liquids may escape.
H.
Keeping cattle, poultry or small animals in any building
used as a human habitation, except as to small animals or birds commonly used
as household pets.
I.
Expectorating upon the steps, halls, floors or other
parts of any building or upon any sidewalk, crosswalk, street, park, playground,
public conveyance or other public place.
J.
Maintaining any vehicle used for hire, or for a public
conveyance, in a dirty or unsanitary condition.
K.
Permitting a growth of, or failing to remove, ragweed
and other noxious weeds, poison ivy, poison oak, or poison sumac, contact
with or the pollen from which is capable of causing discomfort or injury to
health.
L.
Burying, or causing to be buried, any dead animal under
any property, private or public, in the Borough without a permit from the
Board.
M.
Permitting the emission of dust, gases, cinders, lint
or other particles, or dense smoke, in sufficient quantities to cause discomfort
or injury to health.
N.
Maintaining or causing the maintenance or existence of
any offensive matter, foul or noxious odors, gases, or vapors, or any cause
of disease or other injury to the health of the inhabitants of the Borough.
P.
Maintaining or permitting to exist any manure pile or
manure pit which is not entirely and securely sealed.
Q.
Maintaining any building which is infested with rats,
mice or other rodents or with insects or other vermin.
All sunken lots or marsh lands or lots below grade, where stagnant water
gathers or is collected, are hereby declared nuisances, and any owner or owners
or agent or tenant of any such lot or lots or lands shall, on written notice
from this Board, correct and abate this nuisance in the manner prescribed
by the Board in the notice.
