[Added 10-3-2002 by Ord. No. 2002-4]
A. 
The Board of Health of the Borough of East Rutherford, Bergen County, New Jersey, has determined that there is a need to regulate the location, construction, maintenance, method of emptying or cleaning and the frequency of cleaning of temporary toilet facilities.
B. 
The purpose of this article is to provide rules and regulations for the location, construction and maintenance of temporary toilet facilities in order to protect the public interest and health, safety and welfare of the residents of the Borough of East Rutherford.
The following definitions shall apply to this article:
HEALTH OFFICER
The person or persons designated by the Borough of East Rutherford, the County of Bergen or the State of New Jersey to inspect facilities within the Borough of East Rutherford for adherence to the rules, regulations, codes, ordinances or any other requirements promulgated by the Borough of East Rutherford, County of Bergen, State of New Jersey and/or the United States of America with regard to the health, safety and welfare of the residents of the Borough of East Rutherford.
TEMPORARY TOILET FACILITY
A portable watertight chemical vault used by the public for outings, picnics, bazaars, or by contractors and their workmen at a construction site.
No person, firm, partnership, corporation, association or organization of any kind (hereinafter collectively referred to as "person") shall construct or install any temporary toilet facility upon any property with the Borough of East Rutherford without first obtaining a permit issued by the Health Officer, or his designee, as provided herein.
The fee for each temporary toilet facility shall be $25. If the fee is not payable at the beginning of the calendar year in which the permit is issued, the license shall apply only to the balance of the calendar year during which the fee is so paid or payable. If a temporary toilet facility is removed from a site and is then returned to that site, even though it is returned during the same calendar year, then a new license fee shall be required.
A. 
Before any temporary toilet facility shall be placed upon any property with the Borough, the person desiring to construct or install the temporary toilet facility shall make an application for a permit in writing to the Board of Health. The application shall contain or have attached thereto the following:
(1) 
The name, residence or building address and telephone number of the applicant.
(2) 
The name, address and telephone number of the property owner, if other than the applicant, together with the written consent of the property owner to the application.
(3) 
The name of the company or firm supplying the temporary toilet facility, the frequency of emptying and/or cleaning of the facility, the number of facilities and the proposed location of each on the property, and the date the temporary toilet facility will be removed from the property.
B. 
The Health Officer, or his designees, will review the application for completeness and compliance with the terms of this article. The application shall be forwarded to the Zoning Officer for review of the proposed location of the temporary toilet facility and compliance with the setback requirements, after which the applications shall be returned to the Health Officer. If the application is deemed complete by the Health Officer, or his designee, and complies with the terms of this article, a permit shall be issued. If the application is not completed, or does not comply with the terms of this article, the Health Officer shall so notify the applicant within five business days of the submission of the application.
The following rules and regulations shall apply for any application for temporary toilet facilities:
A. 
No permit shall be issued unless the applicant shall demonstrate that the temporary toilet facility contains a locking device suitable to secure the facility and prohibit entry when it is not in use.
B. 
Temporary toilet facilities located on construction sites shall be locked in order to prohibit entry between the hours of 6:00 p.m. and 7:00 a.m. the following day and at all other times when there is no construction activity on the site.
C. 
Each temporary toilet facility must be maintained in a sanitary condition so as not to create foul odors, attract flies or other insects, or otherwise create a public health nuisance.
D. 
Temporary toilet facilitates located on construction sites for more than 30 days shall be located and screened so that the facility shall not be visible from the center line of any street adjacent to the property.
E. 
Each temporary toilet facility must be set back from the property lines in accordance with the setback requirements for accessory buildings contained in the Zoning Code of the Borough of East Rutherford.[1]
[1]
Editor's Note: See Ch. 389, Zoning.
F. 
No permit for a temporary toilet facility shall be issued for a period of more than one year.
Any permit issued pursuant to this article may be revoked by the Board of Health at any time if the applicant or owner of the property on which the temporary toilet facility is located maintains the facility in violation of the State Sanitary Code or any ordinance or rule of the Board of Health.
The Health Department of the Borough of East Rutherford, County of Bergen and/or the State of New Jersey are authorized to administer the provisions of this article. The provisions of this article shall be enforced by the Health Officer, or his designee, or the Code Enforcement Officer of the Borough of East Rutherford.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.