The following are hereby defined and declared to constitute nuisances
and to be detrimental to the public safety, health and general welfare and
are prohibited within the confines of the boundaries of the Township of Marlboro:
A.
The allowing to remain or the depositing of any foul,
decayed or putrescent substance or any material or substance from which foul
or offensive liquids or odors may escape or flow, including any dead animals
or any part of the same or any garbage, trash, offal or rubbish, in or upon
any lot or premises or along any street or highway or in or upon any public
or private place.
B.
The keeping of any pen or enclosure for goats, swine
or other animals or chickens, ducks or other fowl or any other premises kept
for such purposes in such a manner that offensive odors shall emanate therefrom.
C.
The depositing or maintaining, or permitting to be deposited
or maintained, in or upon any place, public or private, of any animal or vegetable
substance of a decomposable nature, except manure being used for farming purposes,
in such a way or ways or manner so that offensive odors emanate therefrom
or in such a manner as to pollute the ground, air or water.
D.
In general, the keeping, maintaining or permitting to
be kept or maintained anything in or upon any building, premises or grounds,
to be offered for sale or otherwise, that has emanating therefrom offensive
or foul odors or which pollutes the ground, air or water with foul odors or
liquids so that the same is dangerous to human health and renders the ground,
the water, the air or food a hazard or injury to human health.
E.
The placing in, discharging into, casting or depositing
or allowing to flow or to enter into or the placing or depositing on the banks
of any stream, river, lake, pond, bay, thoroughfare or other body of water
within the boundaries of the Township of Marlboro any excremental matter,
substance containing excremental matter, waste liquids from washtubs, basins
or sinks or other foul or putrescible or decomposable liquids; provided, however,
that this section shall not apply to the effluent from a sewage disposal plant
which has been approved by the State Department of Health and Senior Services.
F.
The placing in or depositing upon the banks of any river,
stream, lake, pond, bay, thoroughfare or other body of water in the Township
of Marlboro any dead animal or any part of the same or any garbage, offal,
rubbish or any foul, offensive or obnoxious substance whatsoever.
G.
The permitting to remain upon the surface of the ground
of any human excrement or material containing human excrement.
H.
The maintaining or permitting to be maintained upon any
street, lot or other place of any accumulation of animal or vegetable substance
in which fly larvae or pupae exist or of any water in which mosquito larvae
or pupae exist.
Any owner, agent, tenant, lessee or occupant of any lot, ground or building,
house, barns or stables or pens or enclosures for goats, swine or other animals
or chickens or other fowl shall, upon notice from the Code Enforcement Officer
or any police officer, which notice shall be a written notice signed by the
officer and delivered personally or by certified mail to such person, forthwith
remove from said lot, ground, house or stable, barn or pen or enclosure, as
aforesaid mentioned, any rubbish, garbage, offal or any offensive matter or
thing within 24 hours of the service of such notice and, upon failure to do
so, shall be liable to the penalties hereinafter provided for in this article.
Any person or persons, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be liable to the penalties in § 4-3 of the Code for each and every offense committed.
[Added 7-26-1992 by Ord. No. 22-92]
In cases where the owner, agent, tenant, lessee or occupant has refused or neglected to abate the nuisance in accordance with the notice to remove or where, in the opinion of the Code Enforcement Officer or any police officer of the Township of Marlboro, there is an imminent public health and safety hazard resulting from the violation, the Township may, in addition to the penalties prescribed in § 246-4, arrange for the abatement of the hazard or nuisance, either with Township equipment and labor or by contract with third parties. Pursuant to N.J.S.A. 40:48-2.12f, the cost of said abatement shall be charged against the premises, and the amount thereof shall become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
