[HISTORY: Adopted by the Board of Health
of the Township of Boonton 5-22-1989 by Ord. No. 409. 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 of the Laws of 1950. A copy of said code is annexed
hereto and made a part hereof without the inclusion of the text thereof
herein.
[Amended 9-10-2012 by Ord. No. 813]
A.Â
The said
code established and adopted by this chapter is described and commonly
known as the "Public Health Nuisance Code of New Jersey (1953)."
B.Â
The following
amendments to said code are hereby adopted:
(1)Â
Section
2.1(a) and (b) of the Public Health Nuisance Code of New Jersey (1953)
are deleted from the code as adopted by the Township of Boonton.
(2)Â
Section
2.1(d) shall be amended to add: "The failure to utilize the accepted
industry-specific best control technologies as certified by a professional
engineer or a certified industrial hygienist shall be deemed a violation
of this section."
[Added 8-12-2019 by Ord.
No. 878]
Three copies of said Public Health Nuisance
Code of New Jersey (1953) have been placed on file in the office of
the Secretary of this local Board of Health upon the introduction
of this chapter and will remain on file there for the use and examination
of the public.
[Amended 8-12-2019 by Ord. No. 878]
A.Â
Any person
who violates or neglects to comply with any provision of this chapter
or the code established herein or notice issued pursuant thereto shall,
upon conviction thereof, be liable to a penalty of $500 for each violation.
B.Â
Enforcement
and penalties under this section shall be deemed to be cumulative
and not exclusive. Nothing in this section shall prevent the Township
from taking action under any of its fire, housing, zoning or other
health safety codes for violations thereof to seek injunctive relief
against such violations in accordance with the terms and conditions
of the particular code the Township could proceed under. In addition,
the Township Attorney may apply to a court of competent jurisdiction
for an injunction to prohibit the continuation of any violation of
this chapter. Such application for relief may include seeking a temporary
restraining order, temporary injunction and permanent injunction.
The Board of Health shall be entitled to recover the expenses under
N.J.S.A. 26:3-46.
C.Â
Additional penalty for second violation of same ordinance. In case a defendant shall have been twice convicted, within the space of six months, of the violation of this chapter, the court may, in addition to the imposition of the penalty prescribed by § 168-4A of this chapter, cause the defendant to be imprisoned in the county jail in accordance with N.J.S.A. 26:3-78.
D.Â
Imprisonment
for failure to pay judgment. The court may cause a defendant who refuses
or neglects to pay the amount of a judgment rendered against him,
and all costs and charges incident thereto, to be committed to the
county jail for a period not exceeding 90 days pursuant to N.J.S.A.
26:3-77.
All ordinances or parts of ordinances in conflict herewith are
repealed only to the extent necessary to give this chapter full force
and effect.
