[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 4-18-2017 by Ord.
No. 2017-04.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 31.
Animals — See Ch. 35.
Food handling — See Ch. 45.
Garbage, rubbish and refuse — See Ch. 47.
Streets and sidewalks — See Ch. 75.
Weeds and obnoxious growths — See Ch. 91.
[1]
Editor's Note: This ordinance superseded former Ch. 59, Nuisances,
Public Health, adopted 3-10-1970 by Ord. No. 3-70, as amended.
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.
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:
The Board of Health of the County of Warren, State of New
Jersey.
Regular and special officers of the police agency servicing
the Borough of Washington, the Zoning Officer of the Borough of Washington,
the Construction and Building Subcode Officials of the Borough of
Washington, or any other officer authorized by the Board of Health
to enforce this code and chapter.
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.
[Amended 9-7-2021 by Ord. No. 2021-08]
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:
A.
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.
B.
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.
C.
Spitting upon any public sidewalk or upon any part of the interior
of any public building or public conveyance.
D.
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.
E.
The growth, existence or presence of ragweed on any plot of land,
lot, highway, right-of-way or any other public or private place.
F.
The growth, existence or presence of poison ivy, poison oak or poison
sumac within 20 feet of any property line.
G.
The existence or presence of any water or other liquid in which mosquito
larvae breed or exist.
H.
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.
I.
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.
J.
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 an enforcing
official as defined herein, 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.
