The local Board of Health of the Borough of
Bergenfield in the County of Bergen and the State of New Jersey, acting
pursuant to and by virtue of the power and authority conferred by
the Public Laws of the State of New Jersey, hereby enacts the following
chapter.
These articles shall be known and designated
as "The Sanitary Code of the Board of Health of the Borough of Bergenfield,
Bergen County, New Jersey."
Certain words or terms as hereinafter used in
this code are hereby defined as follows:
An employee of the Borough of Bergenfield Health Department,
authorized by the Bergenfield Board of Health and licensed where required
by the State of New Jersey.
The presence in the outdoor atmosphere of one or more contaminants
in such quantities and duration as are, or tend to be, injurious to
human health or welfare, to plant or animal life, or to property.
A deliberate or inadvertent action.
Rendered permanently incapable of reproduction as certified
by a licensed veterinarian.
Any living creature other than man including but not limited
to mammals, birds, reptiles, amphibians, insects, and arachnids.
The Board of Health of the Borough of Bergenfield and its
authorized agents or designees.
The Board of Health of the Borough of Bergenfield and its
authorized agents or designees.
The Borough of Bergenfield.
Household-generated nonputrescible waste that is generally
too large to fit into a thirty-two-gallon container or of such a large
quantity requiring a separate pickup from the weekly garbage collection
and generally collected once a month. This may include, but is not
limited to, household furniture, mattresses, waste from owner- or
occupant-completed home projects and major appliances.
Any member of the domestic feline species.
Any cat which has attained an age of six months or which
possesses a set of permanent teeth.
Those diseases named as reportable in the New Jersey State
Department of Health Sanitary Code or any other diseases declared
by the New Jersey State Department of Health to be dangerous to the
public health or of a pestilential nature.
All ruminants including but not limited to sheep, goats,
and cows.
Any dog which has attained the age of seven months or which
possesses a set of permanent teeth.
Animals that are kept, owned, or harbored for food and/or
as pets and are bred specifically for those purposes and are usually
more docile and genetically distinct from their wild counterparts.
Any building or portion thereof which is used or intended
for use as the residence or sleeping place of one or more individuals,
families, or households.
Any species of animals not native to the State of New Jersey.
Any food, beverage including water, or ice intended for human
consumption.
A permit or license issued or granted to any person in connection
with the preparation, service, or sale of food products.
Any self-service device that, upon insertion of a coin, token,
or by other means, dispenses unit servings of food or beverage either
in bulk or in a package, without the necessity of replenishing the
device between each vending operation. It shall also include nonmechanical
boxes for honor-type arrangements.
Any domestic birds including but not limited to chickens
(hens or roosters), guinea hens, ducks, geese, and turkeys.
Refuse that contains animal or vegetable matter from houses,
kitchens, restaurants, hotels, produce markets, or any other source
or food of any kind to be thrown away.
The Health Department of the Borough of Bergenfield.
Any establishment wherein or whereupon the business of boarding
or selling dogs or breeding dogs for gifts or sale is carried on,
except a pet shop.
A written authorization of the Board to conduct a business
as specified therein.
The agency or department of the Borough of Bergenfield or
any designated representative thereof charged with administering the
issuance and/or revocation of permits and licenses under the provisions
of this chapter.
Those persons duly appointed by the Mayor and confirmed by
the Council of the Borough of Bergenfield to constitute the Board
of Health.
Any movable restaurant, truck, van, trailer, cart, bicycle
or other movable unit including hand-carried, portable containers
on which food or beverages are transported, stored, or prepared for
retail sale or given away at temporary locations.
Any sound that disturbs a person of normal/average sensitivity
(as opposed to hypersensitive) to noise, from the peaceful enjoyment
of his/her property.
Any scratch, abrasion, open wound, or mucous membranes contaminated
with saliva or other potentially infectious material (such as brain
tissue) from a suspected rabid animal.
That property of a substance that affects the sense of smell.
Any person who has care, custody, or control of a building
or premise(s), or a portion thereof, whether with or without the knowledge
of the owner thereof.
Any person who, singly, jointly, or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, or who shall have charge,
care, or control of any premises or part thereof including but not
limited to a dwelling or dwelling unit, as owner or agent of the owner;
or a fiduciary of the owner including but not limited to executor
or executrix, administrator, trustee, receiver, guardian, or a mortgagee
in possession, regardless of how such possession was obtained. Any
person who is a lessee or sublessee of all or any premise, including
but not limited to a dwelling or dwelling unit, shall be deemed to
be coowner with the lessor and shall have joint responsibility with
the owner over the premises or portion thereof so leased or subleased.
A written authorization issued by the Board to perform a
specified work or conduct a business.
Any individual, corporation, partnership, organization, institution,
or any entity commonly recognized by law as a single unit.
The individual present at a retail food establishment who
is responsible for the operation at the time of an inspection.
[Added 10-16-2007]
Any land, place, structure, facility or building provided
by any person, whether or not for profit, to veterinarians or members
of the general public for use, or reservation for use, for the permanent
interment or inurnment above or below ground of pet remains.
Any place of business except kennels wherein animals are
offered for sale to the public for personal appreciation and companionship.
Any establishment for the confinement of dogs or other animals
seized either under the provisions of N.J.S.A. 4:19-15.16 or otherwise.
Land, improvements thereon, or any part thereof.
Any noncommercial residential property.
Any person who has had at least three years experience employed
in the repair and/or inspection of boilers and/or furnaces.
All putrescible and nonputrescible wastes (except body wastes,
medical wastes, and hazardous wastes), and shall include but not be
limited to garbage, yard trimmings, leaves, ashes, street cleanings,
dead animals, business waste, trade waste, household appliances, furniture,
clothing, mattresses, wood and any other similar materials.
Any fixed or mobile food establishment as defined in the
current version of Chapter XII, New Jersey State Sanitary Code.
Any retail food establishment that:
[Added 10-16-2007]
Any retail food establishment that has a limited menu; and
[Added 10-16-2007]
Prepares, cooks, and serves most products immediately;
Exercises hot and cold holding of potentially
hazardous foods after preparation or cooking; or
Limits the complex preparation of potentially
hazardous foods, including the cooking, cooling, and reheating for
hot holding, to two or fewer items.
Any retail establishment that:
[Added 10-16-2007]
Has an extensive menu which requires the handling
of raw ingredients and is involved in the complex preparation of menu
items that include the cooking, cooling, and reheating of at least
three potentially hazardous foods; or
Prepares and serves potentially hazardous foods,
including the extensive handling of raw ingredients, and whose primary
service population is a highly susceptible population.
Hoofed mammals such as but not limited to sheep, goats, and
cows, which have stomachs with four complete cavities.
Any establishment where dogs or other animals are received,
housed, and distributed.
Violations that pose a serious threat, as determined by the
Health Officer and/or Board of Health, to the health and safety of
animals or humans in the care of the licensee.
Animals commonly sold at pet shops including but not limited
to guinea pigs, hamsters, gerbils, domestic rabbits, ferrets, birds,
reptiles, amphibians, and arachnids.
The affixation of pictures, words or designs to any part
of the human body by any means involving injecting or scratching dyes
or other coloring matter into or under the skin.
All solid or liquid material or refuse resulting from construction,
demolition, or the operation of any business, trade, or industry,
and shall include but not be limited to plastics, masonry, wood, paint,
grease, oil, asphalt, chemicals, and other forms of solid or liquid
waste materials.
Any noxious animal including but not limited to mice, rats,
flies, maggots and certain species of beetles.
A.
Minimum and maximum penalty. Any person violating any of the provisions of any article of this Code, shall, upon conviction thereof, pay a penalty of not of less than $50 nor more than $1,000 or imprisonment for a maximum term of 90 days, or both, for each offense, except that the minimum fine for the defiling of property § 344-47E, shall be $100. Complaints shall be made in the Municipal Court in the Borough of Bergenfield or such other court as shall be of competent jurisdiction. This provision shall not be construed as to limit the Court's power to impose other and additional penalties as provided by N.J.S.A. 26:3-77 and 26:3-78.
B.
Separate violation. Except as otherwise provided,
each and every day in which a violation of any of the provisions of
any article adopted by the Board of Health exists shall constitute
a separate violation.
C.
Collection of fees and penalties. All fees and penalties
collected under any provisions of this code shall be paid to the Treasurer
of the Borough of Bergenfield.
D.
Enforcement. A licensed registered environmental health
specialist or Health Officer employed by the Bergenfield Health Department
will enforce the Bergenfield Sanitary Code.
No person shall hinder, molest or interfere
with anyone authorized or empowered to perform any duty under the
enforcement provisions of the Bergenfield Sanitary Code.
