City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 9-7-1994 by Ord. No. R-76. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 128.
Nuisances — See Ch. 136.
Attachment 1 - Appendix A

§ 115-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADULTERATION or ADULTERATED
When used in connection with foods, drugs, cosmetics, or devices, these terms shall have the meanings respectively ascribed to them in N.J.S.A. 24:5-8 to 24:5-11.1.
[Added 5-15-1996 by Ord. No. R-185]
APPROVED
Food or drink, a source of food or drink, a method, a device or a piece of equipment meeting requirements of the Board of Health and the State Department of Health or as per law.
[Added 5-15-1996 by Ord. No. R-185]
AUTHORIZED AGENT
A licensed Sanitary First Grade Inspector or public health investigator.
BOARD OF HEALTH
The Hoboken Board of Health.
[Added 5-15-1996 by Ord. No. R-185]
CITY
The City of Hoboken.
CLEANERS
Any place, premises, building, part of building, cellar or basement or room or establishment used therein for the purpose of washing, dry cleaning or drying of clothing, linens or any other type of wash both on or off the premises.
[Added 5-15-1996 by Ord. No. R-185]
COSMETIC
The term cosmetic shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
COSMETIC PLANT OR ESTABLISHMENT
Any place, premises, building, cellar or basement, apartment or room occupied or used therein for the having, holding, collection handling, production, processing, mixing, compounding, manufacture, packing, storage, distribution or sale of: (1) articles used (for or as cosmetics) for or intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance and, (2) articles intended for use as a component of any such article, except that such term shall not include soap.
[Added 5-15-1996 by Ord. No. R-185]
DESIGNEE
Any person so deemed by the Health Officer.
[Added 5-15-1996 by Ord. No. R-185]
DEVICE
The term device shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
DRUG
The term drug shall have the meaning ascribed to it by N.J.S.A. 24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
DRUG PLANT OR ESTABLISHMENT
Any place, premises, building, part of building, cellar or basement, apartment or room occupied or used therein for having, holding, collection, handling, production, processing, mixing, compounding, manufacture, packing, storage, distribution or sale of:
[Added 5-15-1996 by Ord. No. R-185]
A. 
Articles used (for or as drugs) for or intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animal, or
B. 
Articles (other than food) used or intended to affect the structure or any function of the body of man or other animal, or
C. 
Articles intended for use as a component of any article specified in Subsection A or B.
EMPLOYEE
Any person who handles any food, drug or cosmetics, or device or article used for food, drugs, cosmetics, or device used in the having, holding, collection, handling, production, preparation, processing, manufacture, packing, storage, distribution of food, drugs or cosmetics.
[Added 5-15-1996 by Ord. No. R-185]
EQUIPMENT
Any mechanical apparatus or contrivance or parts thereof used in the production, processing, preparation, compounding, mixing, bottling, manufacture, packing, storage or distribution of food, drugs, devices or cosmetics.
[Added 5-15-1996 by Ord. No. R-185]
FOOD
Any raw, cooked or processed edible substances, water, ice, beverages or ingredient used or intended for use or for sale in whole or in part for human consumption.
[Added 5-15-1996 by Ord. No. R-185]
HEALTH CLUB/SPA
Any place, premises, building, part of building, cellar or basement or room or establishment that is designated therein for indoor sports, exercise or physical education.
[Added 5-15-1996 by Ord. No. R-185]
HEALTH OFFICER
The legally designated Health Officer of the City of Hoboken.
LAUNDRY
Any place, building, part of building, cellar or basement or room, or establishment used therein for the purpose of washing, cleaning and/or drying articles of clothing, linens or any other type of wash.
[Added 5-15-1996 by Ord. No. R-185]
MISBRANDED
The term misbranded, when used in connection with food, drugs, cosmetics or devices, shall have the meaning ascribed to it by N.J.S.A. 24:5-16 to N.J.S.A. 24:5-18.1.
[Added 5-15-1996 by Ord. No. R-185]
MOBILE RETAIL FOOD ESTABLISHMENT
The definitions in N.J.A.C. 8:24-1.3, "Definitions." Shall have the meaning as defined in N.J.A.C. 8:24-1.5, and shall include "mobile retail motorized food vendor" and "mobile retail nonmotorized food vendor," as defined in Chapter 147 of the Hoboken City Code.
[Added 5-15-1996 by Ord. No. R-185; amended 3-7-2012 by Ord. No. Z-159]
NUISANCE
Any condition, or cause which may produce noise, offensive odor or any condition which may be an annoyance, a hazard, or a detriment to human health.
[Added 5-15-1996 by Ord. No. R-185]
ORDER or RULE
Any directive of the Health Officer.
PERSON
Includes an individual, firm, corporation, association, society, partnership and their agents or employees.
PORT-O-JOHN
Any privately owned and/or operated portable toilet, including without limitation outhouses, porta potties, and/or portable chemical toilets. Whenever a privately owned and/or operated port-o-john is placed upon a construction site, which site is subject to oversight by the Construction Code Official, within the City of Hoboken, both the Health Officer and the Construction Code Official shall be authorized agents for the enforcement of the regulations in this Chapter 115 regarding the port-o-john(s) at said construction site.
[Added 7-6-2016 by Ord. No. Z-421]
RECREATIONAL BATHING PLACE
The definition in N.J.A.C. 8:26 et seq.
[Added 5-15-1996 by Ord. No. R-185]
RETAIL COSMETIC ESTABLISHMENT
Any place, premises, building, part of building, cellar or basement, apartment or room occupied or used therein for providing services to the public for cleansing, beautifying, promoting attractiveness or altering appearance, and promoting comfort. These shall include, but shall not be limited to: barber shops, hair salons, nail salons, beauty parlors, beauty salons, and tanning salons.
[Added 5-15-1996 by Ord. No. R-185]
RETAIL FOOD ESTABLISHMENT
The definitions in N.J.A.C. 8:24-1.3, "Definitions."
[Added 5-15-1996 by Ord. No. R-185]

§ 115-2 Inspections.

[Amended 5-3-1995 by Ord. No. R-125; 5-15-1996 by Ord. No. R-185; 5-5-1996 by Ord. No. R-185; 7-6-2016 by Ord. No. Z-421]
The Health Officer or his authorized agent hereby has the authority to conduct inspections of all establishments delineated in §§ 128-1, 128-5 and 128-8 hereof, any privately owned or operated port-o-john within City limits, all drug and cosmetic establishments as well as all taverns, bars, cocktail lounges, dance clubs and any retail food establishment as defined in N.J.A.C. 8:24-1.5 and any similar establishment where food is prepared for retail sale or service on the premises or elsewhere, in any other retail eating or drinking establishment or operation where food or drink is served, handled or provided for the public with or without charge to ensure the following. Such is not an exclusive list, and the Health Officer or his authorized agent may inspect all the above establishments or facilities for other defects he might reasonably believe might impact on public health. The Health Officer or his authorized agent may inspect for compliance with the following:
A. 
Every foundation, floor, wall, ceiling and roof shall be weathertight, watertight, safe, clean, sanitary and in good repair.
B. 
Every window, door and basement shall be weathertight, watertight and kept in a clean sanitary way and in good repair.
C. 
All parts of the establishment shall be kept in a rodentproof and insectproof condition. Effective control measures shall be utilized to minimize and eliminate the presence of insects, rodents and other vermin.
D. 
All toilet facilities, showers and baths shall be kept in a clean, sanitary way and in good working condition. The above facilities shall be kept odor- and nuisance-free.
E. 
Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free of defects, leaks and obstructions.
F. 
Hand-washing facilities shall have an adequate supply of hand-washing soap and sanitary towels or approved hand-drying device. Use of common towels is prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near hand-washing facilities.
G. 
All showers and baths shall have hot and cold running water. Hot water shall be at a temperature of 120° F.
H. 
All equipment used within establishments shall be maintained in good repair and kept in a safe, clean and sanitary way.
I. 
All chemicals shall be clearly marked and stored in areas designated by the Health Officer or his authorized agent.
J. 
All parts of the establishment, equipment and its premises shall be kept neat, clean, free of odors and nuisances and in good working condition.
K. 
All equipment shall be stored in a clean, safe and nuisance-free manner.
L. 
All parts of the establishment shall be properly ventilated according to the New Jersey Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 86, Construction Codes, Uniform.
M. 
Establishments shall have health and safety notices, which the Health Officer deems necessary, to be conspicuously posted in areas designated by the Health Officer or his authorized agent.
N. 
Any other requirement deemed necessary by the Health Officer in view of the operation of the establishment shall be met.
O. 
Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods.
P. 
All garbage and rubbish and refuse shall be kept in leak proof, nonabsorbent containers constructed of durable metal, or other approved types of materials which do not leak and which do not absorb liquids.
Q. 
Adequate lockers within dressing rooms or other suitable facilities shall be provided and used for the storage of employees' coats, clothing and personal belongings.
R. 
Laundered cloths and napkins shall be stored in clean, neat and protected place until used.
S. 
All storage places used for the storage of utensils or equipment shall be kept neat, clean, and in good repair and in a sanitary way.
T. 
All outside areas of establishments and facilities delineated in § 115-2 of this chapter shall be kept clean, in good repair and nuisance free.
U. 
All used or soiled linens, cloths, and towels shall be stored in a leak proof container with a securely fastened lid.
V. 
All port-o-johns shall, in addition to any other applicable section of this chapter, be professionally sanitized at least once per week.

§ 115-3 Examination of adultered, unwholesome articles.

A. 
The Health Officer shall have the following powers in regard to the examination of food, drink, drugs, cosmetics and other substances as may be necessary for the detection of unwholesomeness, adulteration, contamination or misbranding.
B. 
The Health Officer or his authorized agent may prohibit the sale or use of any food, drink, device, drug or cosmetic which is or is suspected of being unwholesome, adulterated, contaminated or misbranded.
C. 
The Health Officer or his authorized agent shall condemn any food, drink, drug, cosmetic or device and cause it to be destroyed or disposed of in such a manner as to make it impossible to thereafter be used for human consumption or use, whenever suspected of being unwholesome, adulterated, contaminated or misbranded.
D. 
The person operating a food, drug, device or cosmetic plant or establishment shall permit access to all parts of the establishment and shall make available all records concerning the operation of said plant or establishment to the Health Officer or his authorized agent.

§ 115-4 Food handler's certificate.

The Health Officer shall have authority to demand a certificate of health annually, or more often, when necessary, from every food handler handling food intended for human consumption, signed by a reputable physician, indicating that the food handler is free from communicable disease.

§ 115-5 Orders; Health Officer's power to promulgate.

[Amended 12-3-2014 by Ord. No. Z-319]
The Health Officer is hereby empowered to promulgate orders at his discretion, to ensure that all provisions of this chapter and all sections of the New Jersey State Sanitary Code which apply to said licensee are met. Such orders shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately
The Health Officer has ordered compliance with the attached Appendix A* to Chapter 115, which is hereby incorporated by reference and made part of this Code chapter, and shall be fully enforceable as if included herein.
*Appendix A[1] is a replication of the model code for local health agencies, as prescribed by N.J.A.C. 8:57-1.11(a)3.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.

§ 115-6 Suspension of license.

A. 
The Health Officer is hereby empowered to suspend the license of any establishment, business or licensee that has been issued a license by the Hoboken Health Department if any provision of this chapter or any provision or regulation of the New Jersey State Sanitary Code that regulates said establishment, business or licensee is not met.
B. 
Immediately, upon notification of Health Officer or his authorized agent, the operator of said establishment, business, licensee or facility shall cease operation and shall not resume operation until approval is given by the Health Officer or his authorized agent. When a license is suspended pursuant to this chapter or an order to cease operation is issued by the Health Officer or his authorized agent, the operator shall immediately post on the front entrance of the establishment or facility an evaluation placard which will state the following: "The license of this establishment has been suspended by order of the Health Officer of the City of Hoboken."
[Amended 5-15-1996 by Ord. No. R-185]
C. 
Any establishment or facility not licensed by the Hoboken Board of Health, but delineated in § 115-2 shall be subject to an order to cease operations. Such facility or establishment shall immediately post on the front entrance of the establishment an evaluation placard which states the following: "This establishment or facility is hereby ordered to cease operations by order of the Health Officer of the City of Hoboken."
[Added 5-15-1996 by Ord. No. R-185]

§ 115-7 Revocation of license.

When an establishment, business or licensee has had more than two unsatisfactory ratings or two license suspensions within a two year period of time, issued by the Hoboken Health Department, the Health Officer may revoke and terminate such license. Any person aggrieved by such action may petition a court of competent jurisdiction for relief of such action.

§ 115-8 Hearings.

[Amended 5-15-1996 by Ord. No. R-185]
A. 
The Health Officer is hereby empowered to order a hearing for the purposes of ensuring that all provisions of this chapter and all provisions of the New Jersey State Sanitary Code which apply to said business, establishment or licensee are met. The Health Officer shall notify, in writing, said licensee stating the time, location and a brief reason for the hearing. Once notified, the licensee shall comply with all aspects of said order.
B. 
Any person affected by any rule or order which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Health Officer, provided that such person shall file in the office of the Health Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day that notice was served. Upon receipt of such petition, the Health Officer is hereby empowered to order a hearing and set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Health Officer may postpone the date of hearing for a reasonable time beyond such 10 day period, if in his judgement the petitioner has submitted a good and sufficient reason for such postponement.
C. 
After such hearing, the Health Officer shall sustain, modify or withdraw the order or rule, depending upon his findings as to whether the provisions of this chapter and of the rules, orders and regulations adopted pursuant thereto have been complied with.

§ 115-9 Construction; renovation; Health Officer approval required.

A. 
It shall be the duty of any person engaged in the construction or renovation of any licensee pursuant to §§ 128-1, 128-5 and 128-8 to first secure written permission from the Health Officer or his authorized agent before the commencement of said construction or renovation.
[Amended 5-3-1995 by Ord. No. R-125]
B. 
No person or agency shall issue any permit for the purposes of construction or renovation unless prior written approval is issued by the Health Officer.
C. 
The Health Officer may cause an order stopping the construction or renovation of any said licensee in the event that any provision of this chapter is not met and/or if in his judgment a public health nuisance is occurring.
D. 
The Health Officer is authorized to promulgate rules and orders as may be necessary to ensure that a public health nuisance does not occur.
E. 
Inspection of construction and renovation sites.
(1) 
The Health Officer or his authorized agent shall be permitted to examine and inspect any business, facility, establishment or licensee listed under § 115-2 of this chapter as often as he deems necessary, before, during, or after construction or renovation to ensure that a public health nuisance is not occurring.
[Amended 5-15-1996 by Ord. No. R-185]
(2) 
No person shall obstruct or hinder or cause to obstruct or hinder the Health Officer or his authorized agent from examining and inspecting all licensees listed under §§ 128-1, 128-5 and 128-8.

§ 115-10 (Reserved) [1]

[1]
Editor’s Note: Former § 115-10, Demolition of buildings, as amended, was repealed 4-6-2016 by Ord. No. Z-408.

§ 115-10.1 Legal authority.

[Added 5-15-1996 by Ord. No. R-185]
All licensees, establishments, businesses and facilities shall be operated in compliance with all provisions of this chapter and any other regulation as per law.

§ 115-10.2 Frequency and areas of inspections.

[Added 5-15-1996 by Ord. No. R-185]
The Health Officer or his authorized agent shall inspect any licensee, business, establishment, or facility as often as he deems necessary.

§ 115-10.3 Access by Health Officer.

[Added 5-15-1996 by Ord. No. R-185]
The person operating any licensee, establishment, business or facility shall permit access to all parts of the licensee, establishment, business or facility. No person shall unlawfully hinder, obstruct, delay, resist, or prevent the Health Officer or his authorized agent regarding inspections related to this chapter.

§ 115-10.4 Public posting of inspection reports.

[Added 5-15-1996 by Ord. No. R-185]
A. 
An inspection report shall be presented to the owner or person in charge or in their absence, any employee of the establishment, licensee, business or facility at the completion of each inspection.
B. 
The most recent report shall be maintained by the operator of each establishment, licensee, business or facility on the premises for review by the public, upon request. Inspection reports and other applicable records shall be maintained on the premises for review for a minimum of two years.
C. 
Every licensee delineated in § 115-2 shall display such license in a conspicuous place near the public entrance of the establishment in such a manner that the public may view said license.

§ 115-10.5 Evaluation of reports.

[Added 5-15-1996 by Ord. No. R-185]
A. 
Immediately upon conclusion of the inspection the Health Officer or licensed sanitary inspector shall issue the evaluation of the establishment and leave the original copy with the person in charge.
B. 
Evaluations shall be as follows:
(1) 
Satisfactory. The establishment is found to be operating in substantial compliance with this chapter and personnel have demonstrated that they are aware of and are practicing proper sanitation and safety principles as outlined in this chapter.
(2) 
Conditionally satisfactory. At the time of the inspection the establishment was found not to be operating in substantial compliance with this chapter and was in violation of one or more of the provisions of this chapter. Due to the nature of these violations a reinspection is scheduled. The reinspection shall be conducted at an unannounced time and a full inspection must be conducted. Opportunity for reinspection shall be offered within a reasonable time and determined by the nature of the violation.
(3) 
Unsatisfactory. Whenever an establishment, business, licensee or facility is operating in violation of this chapter, with one or more violations that constitute gross unsanitary or unsafe conditions which pose an imminent health hazard, the Health Officer or his authorized agent shall issue an unsatisfactory evaluation. The Health Officer or his authorized agent shall immediately request the person in charge to voluntarily cease operation until it is shown on reinspection that conditions which warrant an unsatisfactory evaluation no longer exists. If any person neglects or refuses to comply with a request to voluntarily cease operation of any establishment, facility or licensee delineated in § 115-2 of this chapter, the Health Officer shall institute an action pursuant to § 115-6 of this chapter. The Health Officer may, in appropriate situations, seek injunctive relief, at his or her discretion. Such action shall be effective immediately.

§ 115-10.6 Submission of plans and preoperational inspections.

[Added 5-15-1996 by Ord. No. R-185]
Whenever an establishment, business, licensee or facility is constructed or renovated, and whenever a structure is converted for use pursuant to any licensee, facility, business or establishment delineated by § 115-2 hereof, or alterations are made that will significantly change the nature of the operation, plans and specifications pertaining to the sanitary nature of the establishment such as proposed equipment layout, equipment design and installation shall be submitted to the Health Officer or his authorized agent for review and approval before construction, renovations or conversion is begun. The Health Officer shall review these plans and respond accordingly within 30 days within the date of submission. No establishment, business, licensee or facility shall be constructed, renovated, or converted except in accordance with plans and specifications previously submitted to and approved by the Health Officer.

§ 115-10.7 Preoperational inspections.

[Added 5-15-1996 by Ord. No. R-185]
Whenever plans or specifications are required to be submitted to the Health Officer by § 115-10.6 hereof, the Health Officer or his authorized agent shall inspect the licensee, business, facility or establishment prior to the start of operations to determine compliance with the requirements of this chapter and any other law which governs said licensee, business, facility or establishment.

§ 115-10.8 Mobile retail vendors.

[Added 5-15-1996 by Ord. No. R-185; amended 3-7-2012 by Ord. No. Z-159]
A mobile retail vendor shall not park his vehicle or pushcart for a period longer than the time it takes to make a sale to a customer. Mobile retail food vendors shall at all times comply with Chapter 147 of the Hoboken City Code.

§ 115-11 Violations and penalties.

[Amended 5-15-1996 by Ord. No. R-185; 5-16-2007 by Ord. No. DR-310]
A. 
Any person who shall violate any provision of this chapter or any provision of any rule, or regulation or order promulgated by the Health Officer pursuant to the authority granted by this chapter shall, upon conviction, in the Municipal Court of Hoboken or other Court of competent jurisdiction be punished by a fine of not less than $100 and not more than $1,000 or community service for a period of not more than 90 days or imprisonment for a term not exceeding 90 days, and each day's failure to comply with any provision, rule or order shall constitute a separate and distinct offense.
B. 
Any person who is convicted of violating § 115-11 within one year of the date of a previous violation of § 115-11 and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 nor shall it exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section, as provided for by N.J.S.A. 40:69A-29.

§ 115-12 Repealer.

All ordinances, codes or parts of the same inconsistent with any of the provisions of this chapter are hereby repealed to the extent of such inconsistency.

§ 115-13 Severability.

In the event that any section, sentence or clause of this chapter or code shall be declared unconstitutional by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.

§ 115-14 Reinspection fees.

[Added 7-12-1995 by Ord. No. R-130]
A. 
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 128 of the Code of the City of Hoboken or listed in this chapter of the Code of the City of Hoboken or any licensee, facility or establishment defined in N.J.A.C. 8:24 (Retail Food Establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 shall be paid directly to the local health authority.
B. 
Said fee shall be paid by the owner, owners, managers, management agency or operator of any aforementioned licensee, facility or entity listed above directly to the local health authority within seven business days of notice of an unsatisfactory or conditional satisfactory rating.
C. 
The Health Officer or his designee shall deposit said fee into a bank account maintained exclusively for the collection of said fees.
D. 
All aforementioned fees shall be used at the Health Officer's discretion to subsidize the day-to-day operation of the health authority.
E. 
The Health Officer, at his discretion, shall have the authority to suspend or revoke the imposition of said fee for good cause.
F. 
Any and all other applicable provisions and regulations, inclusive of penalties, shall also apply.