[HISTORY: Adopted by the Board of Health
of the Township of Maplewood 2-4-1975 by Ord. No. 1439 as Ch. BH-III of the
1974 Revised General Ordinances. Amendments noted where applicable.]
A.
The following matters, things, conditions or acts
and each of them are hereby declared to be a nuisance and injurious
to the health of the inhabitants of the township:
(1)
Animals. The keeping of any animal or animals under
unsanitary conditions.
(2)
Common drinking cup. Any common drinking cup or utensil
in any park, playground, railroad station, theater, school, club,
boardinghouse, public hall, amusement ground, public washroom or lavatory
or in any place where a number of people congregate or are employed.
(3)
Common towel. Any common towel for use by more than
one (1) person without intermediate laundering, except roller towels
which can be mechanically adjusted for individual use, in any park,
playground, railroad station, theater, school, club, boardinghouse,
public hall, amusement ground, public washroom or lavatory or in any
place where a number of people congregate or are employed.
(4)
Fly larvae. Any accumulation of manure or animal or
vegetable matter in which fly larvae or pupae exist.
(5)
Garbage and excrement. Burying, depositing, maintaining
or permitting to be maintained or to accumulate upon any public or
private property any household wastewater, sewage, garbage, tin cans,
offal or excrement; any decaying fruit, vegetables, fish, meat or
bones; any oyster or clam shells; any dead animals; or any foul, putrid
or obnoxious liquid or substance.
(6)
Garbage containers. Any container or utensil in which
garbage, offal, scraps, waste food and any other putrescible material
is held in or upon any premises and which is not watertight, tightly
covered and so kept at all times to exclude flies, rodents and vermin.
(7)
Hydrocyanic acid gas. The use of hydrocyanic acid
gas or any product of cyanogen or any other substance poisonous to
animal life or human beings for fumigating or disinfecting any structure
or premises in the township without first having obtained a permit
to do so from the Board of Health.
(8)
Mosquito larvae. Any water or liquid in which mosquito
larvae may or do exist.
(9)
Plumbing. Any leaking, unclean or filthy sink or water
closet, urinal or other plumbing fixture or any such plumbing fixture
which does not comply with the Plumbing Code of the township in any
building used or occupied by human beings.
(10)
Poison ivy. Permitting poison ivy, or any other poisonous
plant, to be or to grow upon any public or private property within
twenty-five (25) feet of any public sidewalk, public street, party
line or building.
(11)
Pollution. Pollution or the existence of a condition
or conditions which cause or threaten pollution of any waters in the
township in such manner as to cause or threaten injury to any of the
inhabitants of the township, either in their health, comfort or property.
(12)
Ragweed. Permitting ragweed in the flowering state,
or any other noxious or hurtful weed, to grow upon any public or private
property.
(13)
Smoke. Emission from any premises of any smoke, gases,
soot, stench or other substance in quantity or strength sufficient
to cause injury or hazard to health.
(14)
Spitting. Spitting upon any public sidewalk or crossing
or upon the floor or any part of any building or public conveyance.
(15)
Wells. Any well or other supply of water used for
drinking or household purposes which is polluted or which is so situated
or constructed that it may become polluted.[1]
[1]
Editor's Note: Former Subsection B, concerning the definition
of “nuisances,” which immediately followed this subsection,
was repealed 2-16-2010 by Ord. No. 2618-10.
[Amended 12-20-2022 by Ord. No. 3079-22]
A.
No person shall create, commit, maintain or suffer to be created, committed or maintained any nuisance as defined in § 319-1.
B.
Harborage
of and accessibility of feed to mice and rodents.
(1)
No
person shall feed, permit to be fed, make accessible or permit to
be made accessible any food, food scrap, garbage, bird feed or other
organic substance for mice, rats or other rodents; provided, however,
that this section shall not apply to any school, pet shop or other
place where rodents are properly confined as pets, experimental animals
or for useful or meaningful purposes.
(2)
No
person shall harbor or permit to be harbored on any private or public
property any mice, rats, or other rodents; provided, however, that
this section shall not apply to any school, pet shop or other place
where rodents are properly confined as pets, experimental animals
or for other useful or meaningful purposes.
(3)
No
person shall maintain or permit to be maintained on any private or
public property any accumulation of wood, rocks, construction material
or other debris which is suitable for the harborage of mice, rats
or other rodents.
A.
Notice to abate nuisance.
(1)
Whenever anything declared by this chapter or any
other chapter of this Code to be a nuisance, or any unsanitary or
unhealthy condition is found on any premises within the Township,
notice shall be given to the owner or person in control of the premises
to remove or abate it within the time specified, no less than two
days from the date of service of the notice. Should a nuisance or
any unsanitary or unhealthy condition reoccur within 60 days of the
date of an abatement notice, a further abatement notice will not be
required before the issuance of a summons.
[Amended 5-15-2001 by Ord. No. 2162-01]
(2)
Whenever anything declared by this chapter or any
other chapter of this Code to be a nuisance or any unsanitary or unhealthy
condition is found on any public property, highway or other public
premises or place, notice shall be given to the person in charge to
remove or abate the same within the time specified. If that person
fails to comply with the notice within the time specified, the Board
of Health or its agents or employees may remove or abate such nuisance
or condition in the manner provided for a like condition existing
on a private premises or place.
B.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
C.
Recovery of costs.
(1)
Whenever any cost or expense is incurred by the Township
as a result of the Board of Health, its agents or employees abating
or removing or causing to be abated or removed any nuisance or unsanitary
or unhealthy condition, such costs and expense may be recovered in
the following manner:
(a)
In all cases where practical and permitted by
law, such costs shall be certified to the tax assessment authority
and shall be a part of the taxes next assessed against the premises
upon which the nuisance or unsanitary or unhealthy condition was located.
(2)
Regardless of how costs are actually recovered, they
shall be in addition to and shall not affect the imposition of any
penalties for the violation of this chapter.
