Unfit buildings — See Ch. 31.
Animals — See Ch. 35.
Garbage, rubbish and refuse — See Ch. 47.
Streets and sidewalks — See Ch. 75.
ARTICLE IAdoption of Public Health Nuisance Code of New Jersey (§ 59-1 — § 59-4)
ARTICLE IIPublic Health, Safety, Welfare and Convenience Nuisances (§ 59-5 — § 59-10)
§ 59-1Adoption of code by reference.
§ 59-3Filing of copies.
§ 59-4Violations and penalties.
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. A copy of said code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said code established and adopted by this article is described and commonly known as the "Public Health Nuisance Code of New Jersey," 1953 Edition.
Three copies of the said Public Health Nuisance Code of New Jersey have been placed on file in the office of the Clerk upon the introduction of this article and will remain on file there for the use of and examination by the public.
Any person who violates or neglects to comply with any provision of this article or code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable to a penalty of not more than $500 for each violation.
§ 59-5Statement of purpose.
§ 59-7Nuisances proscribed.
§ 59-8Nuisances enumerated.
§ 59-10Violations and penalties.
The purpose of this article shall be to promote the general health, welfare, safety and convenience of the Borough of Washington and the inhabitants thereof by proscribing certain practices and hazards which are, or may be, nuisances and to permit the appropriate authorities to take appropriate steps to control the practices herein proscribed. The provisions of this article shall be construed as a supplement to the remedies specified in Article I and the code adopted therein, and nothing herein shall be construed so as to repeal Article I of this chapter.
Wherever the following terms are used in this article, unless otherwise specified, they shall have the following meanings:
- Includes an individual, firm, corporation, association, society and partnership and any agent, servant or employee of any of the above.
It shall be unlawful for any person or persons to commit or allow nuisances as hereinafter defined in § 59-8.
The following matters, things, conditions or acts, and each of them, are hereby declared to be a nuisance and injurious to the health, safety, welfare or convenience of the inhabitants of the Borough of Washington:
Pollution, or the existence of a condition or conditions which cause or threaten pollution, of any waters within the Borough of Washington in such manner as to cause or threaten injury to any of the inhabitants of the Borough of Washington in their health, safety, welfare and convenience either in their person or property.
The escape into the open air from any stack, vent, chimney or any entrance to the open air, or from any fire into the open air, of such quantities of smoke, soot, fly ash, dust, fumes, vapors, mists or gases as to cause injury, detriment or annoyance to the inhabitants of the Borough of Washington or endanger their comfort, repose, health, safety or property.
Spitting upon any public sidewalk or upon any part of the interior of any public building or public conveyance.
The making by any person or the suffering, allowing or permitting of any unnecessary noises or sounds, whether by means of the human voice or by any other method, which are physically annoying to persons, and which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort, or which are injurious to the lives, health, peace and comfort of the inhabitants of the Borough of Washington, or any of them, whether such sound be made, suffered, allowed or permitted on premises owned, occupied or controlled by him, or upon any public street, alley or thoroughfare within the Borough of Washington.
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
The growth, existence or presence of poison ivy, poison oak or poison sumac within 20 feet of any property line.
The existence or presence of any water or other liquid in which mosquito larvae breed or exist.
The existence or presence of any accumulation of garbage, refuse, manure or animal or vegetable matter which may attract flies or to which flies may have access or in which fly larvae or pupae may breed or exist.
Depositing, accumulating or maintaining any matter or thing which serves as food for insects or rodents and to which they may have access or which serves as or constitutes a breeding place or harborage for insects or rodents in or on any land, premises, building or other place.
Any act, matter, thing or condition which is or may become detrimental or a menace to the health of the inhabitants of the Borough of Washington or which is or may become an annoyance or interfere with the comfort or general well-being of the inhabitants of the Borough of Washington.
The provisions of this article may be enforced by the police agencies of the Borough of Washington, or upon the filing of a complaint in the Municipal Court of the Borough of Washington by any inhabitant of the Borough of Washington, either with or without prior notice to the person committing a violation of this article.
Any person who violates any provision of this article shall, upon conviction thereof, be liable to a penalty of not more than $500 or imprisonment for not more than 90 days, or both, for each violation. Each day that said violation continues shall be deemed a separate and distinct violation.