[HISTORY: Adopted by the Board of Health of the Township of Hillside 3-15-1979. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCING AGENT
- Officials possessing a license issued by the State Department of Health, pursuant to N.J.S.A. 26:1a-41, who are designated by the Board of Health to enforce this chapter.
- Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
- TOILET FACILITIES
- Facilities containing one (1) or more flush water closets and provided with an adequate amount of lavatories installed in accordance with applicable state and local laws, ordinances and regulations.
It shall be unlawful for any person conducting a retail business of the following types or any person or agent employed in such business of the following types in the Township of Hillside to prohibit patrons from using the premises toilet facilities.
The following types of establishments that shall provide conveniently located toilet facilities for patrons' use are:
A retail sales business having nine thousand (9,000) or more square feet of sales area.
A retail food business established after the enactment of this chapter when the business is for on-site food consumption.
A retail food business that is converted into or has been altered into an on-site food consumption establishment after the enactment of this chapter.
An on-site food consumption establishment where fifty percent (50%) or more of the food preparation, utensil and equipment washing and dining areas have been renovated.
An existing on-site food consumption establishment that has not been operating for nine (9) or more months and considered as being closed or out of business and commences an on-site food consumption business.
Toilet facilities are to be kept available to patrons during the established business hours. If such facilities are kept locked, then the management or employees shall make immediate arrangements to permit the patrons immediate use of such toilet facilities.
Toilet facilities, including toilet rooms and fixtures, shall be kept clean and in working order and free of objectionable odors. Walls, floors and ceilings in toilet rooms are to be kept in good repair. Graffiti shall be removed within a reasonable length of time.
When a common toilet is used in food establishments for employees and patrons, access shall not be through food preparation, food storage and utensil-equipment washing areas.
This chapter shall be enforced by the enforcing agent of the Board of Health, or any private citizen may file a formal complaint concerning violations of § 381-4A of this chapter.
Any person who violates any provision of or order promulgated under this chapter, established herein, shall, upon conviction thereof, be liable to a fine of not less than twenty-five dollars ($25.) nor more than five hundred dollars ($500.) for each violation. Each day a particular violation continues shall constitute a separate offense.
A fine assessed by the court for violation or violations of this chapter may be recovered from any individual or corporation in any court of competent jurisdiction in the action of debt.