City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hackensack 10-20-1997 by Ord. No. 22-97.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 52.
Brush, weeds and debris — See Ch. 68.
Exterminators; fumigation; vermin control — See Ch. 84.
Garbage, rubbish and refuse — See Ch. 93.
Health and sanitation — See Ch. 97.
Housing and property maintenance — See Ch. 100.
Littering — See Ch. 109.
Noise — See Ch. 112.
Peace and good order — See Ch. 119.
Smoke emission — See Ch. 145.
[1]
Editor's Note: This ordinance also repealed former Ch. 114, Nuisances, adopted 10-5-1959 (Ord. No. 717) as Ch. 5, Art. XI, Sections 1 and 2, of the 1959 Revised Ordinances, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
GARBAGE
Any waste material in the process of or subject to decomposition or decay incident to ordinary domestic or business use or purpose and shall include, among other things, kitchen refuse, animal or vegetable matter and decaying and decomposing substances.
REFUSE
Small tree branches, hedge, bush and vine trimmings, stalks of vegetables and plants, grasses, weeds and similar substances and/or materials found in residential yards.
RUBBISH
Includes all miscellaneous materials such as rags, paper products, cardboard, cartons, leather goods, rubber, bottles, tin cans, broken glass, crockery and/or any similar materials or substances but shall not include logs, earth, sand, bricks, mortar or other substances which may accumulate from building operations.
A. 
The practices or conditions enumerated in Subsection B below are hereby declared to be nuisances, but such enumeration shall not be deemed to be exclusive.
B. 
Nuisances enumerated.
(1) 
The placing or depositing or allowing to remain in or upon any street or public place, or in or upon any open lot or public or private property, of any dead animal or any part of the same, any offal or garbage, any carrion or putrid meat, any manure or compost, sewage, tin cans, decaying fruit, vegetables, fish, meat or bones, oyster or clam shells or any foul or obnoxious substances whatsoever.
(2) 
Throwing upon or allowing to flow from premises upon any street or public place, open lot or public or private property or allowing to collect upon the surface of any premises any wastewater, dirty water, slop, stable drainage, liquid filth, overflow from cesspool or septic tank or any offensive liquid matter whatsoever.
(3) 
Any full, foul or leaky septic tank or cesspool or other receptacle for filth.
(4) 
Allowing or permitting any night soil, garbage or any offensive or decomposing solid or fluid matter or substance to leak or ooze or escape from any cart, wagon or vessel in which the same may be conveyed or carried; the carrying or conveying through any street of any substance which has been removed from any septic tank or cesspool, unless the same shall be enclosed in airtight receptacles.
(5) 
Constructing or maintaining, or permitting to be constructed or maintained, any well or other supply of water used for drinking or household purposes which is polluted in any manner that may render such water injurious to heath or which is so situated or constructed that it may become so polluted.
(6) 
Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water, any cistern, septic tank, cesspool, rain barrel or other receptacle containing liquid in which the mosquito larvae or pupae exist.
(7) 
Permitting any leaking, unclean or filthy sink, water closet, urinal or other plumbing fixture in any building used or occupied by humans or any defect or stoppage in any waste pipe or drain or in any sink, basin, water closet or other plumbing fixture or in any traps attached to said waste pipe, soil pipe or drain.
(8) 
The storing or cleaning within 300 feet of any dwelling of any cart, tank or barrel used in removing the contents of cesspools or septic tanks.
(9) 
Allowing any building to be occupied as a tenement house, apartment house, dwelling house or factory building without a plentiful supply of pure water suitable for domestic or personal requirements by any person who is responsible for such provisions by reason of ownership, possession or agreement or in which the water supply has been turned off for any reason, except to repair faulty plumbing.
(10) 
Allowing any dog to run at large or come in contact with children or any persons other than of the immediate household of the owner if, in the opinion of the Health Officer, the dog is vicious and hazardous or if it molests pedestrians or others without provocation; such dogs, if taken out, must be muzzled or on a leash.
(11) 
Shaking mops, carpets or receptacles and discarding household or trade dirt or waste from any roof, window or porch of any building in the city.
(12) 
Garbage, rubbish, refuse and manure.
(a) 
The existence or presence of any accumulation of garbage, refuse, rubbish, manure, animal or vegetable matter which may attract flies and to which fly larvae or pupae breed or exist.
(b) 
The maintenance of any receptacle for garbage, refuse or rubbish which is not in conformance with all the provisions of § 93-7C of the Code of the City of Hackensack.
(13) 
Sunken lots or lots below grade where stagnant water gathers or is collected; such lots or lands shall be filled with fresh earth or other approved substitute.
(14) 
The depositing on or use for filling up or raising the surface or level of any lot, grounds, docks, wharf, pier, street or alley in the city of any animal or vegetable substance or garbage or street sweepings, mulch, silt or dirt gathered in cleaning yards, buildings, sewers, docks or slips or of water from mills or factories, or of any materials which are offensive to health or tend to decay, to become putrid or to render the atmosphere impure or unwholesome.
(15) 
Any noise, odor, light, contact or other condition which disturbs the quiet or repose of others in the neighborhood to the detriment of the health of any human being.
(16) 
Any trade, industry or business that is noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise or light.
(17) 
The gathering or collection or the permitting of an accumulation of water, rubbish or refuse upon any lot or parcel of land within the city.
(18) 
The maintenance, ownership, control or management of any sunken or excavated lot below the grade of the sidewalk adjacent thereto without providing and maintaining in good repair a proper fence to protect persons from falling into such lot.
(19) 
Use of public streets, alleys, sidewalks or entrance areas to stores or other public buildings for the purpose of begging or for the purpose of selling or otherwise disposing of medicines, salves, lotions, jewelry or other articles of trade or commerce either on foot or from stands or vehicles with or without any device for attracting crowds, unless the same is otherwise allowed by virtue of any permit or license granted under this Code.
(20) 
The growth, existence or presence of ragweed on any plot of land, lot, highway, right-of-way or any other public or private place.
(21) 
The growth, existence or presence of poison ivy, poison oak or similar poisonous plants within 25 feet of any property line.
(22) 
Any other unsanitary condition that is defined as a nuisance by the Health Code of Hackensack or by the State Board of Health, the State Sanitary Code or the state laws.
Any and every nuisance is hereby prohibited and forbidden in the city, and any person making, causing or permitting such nuisance shall, upon conviction thereof, be punished as provided in § 1-15 of Article I of Chapter 1, General Provisions. In addition, if any person shall refuse or neglect to remove any foul or otherwise obnoxious or hurtful thing or matter or if any person shall refuse or neglect to abate any nuisance, then the city may proceed under the provisions of N.J.S.A. 26:3-45 et seq. to remove any such nuisance and to recover by action of debt against such person the expense incurred by the city for such removal.