ARTICLE INuisance Code (§ BH:13-1 — § BH:13-1.5)
ARTICLE IINuisances Prohibited (§ BH:13-2 — § BH:13-2.6)
§ BH:13-1PUBLIC HEALTH NUISANCE CODE.
§ BH:13-1.1Code established.
§ BH:13-1.3Copies on file.
§ BH:13-1.4Violations and penalties.
§ BH:13-1.5Amendments, additions and deletions.
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.
The Code established and adopted by this chapter is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the "Public Health Nuisance Code of New Jersey (1953)" are on file in the office of the Health Officer, Secretary, Clerk or other similar officer of this Board of Health and will remain on file there for the use and examination of the public.
Any person who violates or neglects to comply with any provision of this chapter or Code established herein or notice issued pursuant thereto shall, upon conviction thereof, be liable for the penalty established in Section BH:1-3 of this Code.
Amendments. Section 311 of the Code herein established and adopted shall be designated as follows: "Proper Heating of Apartments; Notice Required Before Termination of Vital Services."
Additions. The code herein established and adopted is hereby supplemented by adding the following sections:
Section 3.2. It shall be unlawful for the owner or owners who have agreed to supply heat, electricity, gas, hot water or any other vital service to any building designed to be occupied, or occupied, as a residence for more than two families, to terminate any such vital service without first having given the residents of such building not less than five days' written notice of such termination.
Section 2.1 paragraph j. The existence or presence of water in a swimming pool which has been abandoned or otherwise neglected, which water may breed mosquito larvae and be unhealthy, detrimental or a menace to the health of the inhabitants of this municipality.
§ BH:13-2HEALTH NUISANCES.
§ BH:13-2.2Specific nuisance prohibited.
§ BH:13-2.3Dumps prohibited.
§ BH:13-2.4Additional prohibitions.
§ BH:13-2.6Violations and penalties.
As used in this section:
- Anything which is detrimental or damaging to health or which is potentially detrimental or damaging to health, as determined by this Board.
The following specific acts, conditions, and things are each and all of them declared to constitute public health nuisances and are prohibited:
Depositing, maintaining, or permitting to be deposited or maintained, or to accumulate in or upon any public or private street or thoroughfare or place, or in or upon any property or building, any wastewater, sewage, garbage, offal, excrement. This does not include properly constructed and maintained backyard composing areas, as described by N.J.-D.E.P.
Allowing any garbage or excrement or any other offensive or decomposed solid or fluid matter or substance to leak or escape from any cart, wagon, vehicle, or other container in which the same may be conveyed or contained.
Excremental material. Permitting any human excrement or material containing human excrement to remain or flow upon the surface of the ground or to remain or flow in any open ditch or stream; burying, plowing under or otherwise disposing of such excrement or permitting the same to be done within 100 feet of any stream, well, lake, spring, or other source of water used for drinking or other domestic purposes; or depositing or permitting to be deposited any such material in any place where it is likely to gain access to such water or to appear again above the surface of the ground.
Privy vaults and cesspools. Permitting any privy vault or cesspool to become or remain filled to within one foot of the surface of the surrounding ground.
Toilet accommodations. Any premises that are not provided with suitable water closets in good working order or privy vaults for all persons working thereon or living therein.
Permitting any building or portion thereof occupied by human beings to be or remain in a state of uncleanliness detrimental to the health of the occupants or of the public.
Permitting any building which is inhabited by human beings or which is occupied by human beings for any purpose to be without an adequate supply of running water at any time while being occupied.
Permitting any filthy or unhealthful plumbing fixtures of or in a building used or occupied by human beings for any purpose regardless of whether such condition shall be the result of leakage, stoppage, or any other cause.
Stables or kennels. Any stable or kennel that is not provided with watertight floors properly graded, trapped and drained to a sewer or septic system if no sewer is available.
Insects, larvae and pupae.
Maintaining or permitting to be maintained any pool, pond, ditch, stream, or other body of water or any other cistern, privy vault, cesspool, rain barrel or any other receptacle containing liquid in which mosquito larvae or pupae may or do exist.
Maintaining or allowing to be maintained any condition which causes or engenders the breeding of flies, mosquitoes, or other vermin.
Vermin or insect exterminators. Regulations covering this term are covered under N.J.A.C. 7:30-1 et seq.
Smoke. Emission from any premises; smoke, gases, soot, stench, or other substance in quantity or strength sufficient to cause injury or damage to health.
Slaughtering. Killing, skinning, or dressing of any animal intended for food, to be sold for human consumption without permission from this Board.
Animals. The keeping of horses, cows, goats, rabbits, guinea pigs, dogs, cats or other animals under unsanitary conditions.
Cats and dogs. The keeping, maintenance, and/or feeding of stray cats. The maintenance and/or feeding of privately owned cats and/or dogs in such a manner as to create unsanitary conditions, attract vermin, or be potentially detrimental to health or create a public nuisance is hereby prohibited.
Curbing of dogs. No person owning, keeping or harboring any dog shall permit feces from such dog to be deposited upon public streets, in any public park, or other public place within the Township, or upon any private property without the permission of the owner of the property.
In the event that any dog shall defecate on any property, public or private (without permission of owner), contrary to the foregoing restrictions, the person in custody of the dog shall immediately remove all feces deposited by such dog. Such excreta shall be disposed of by placing same in a closed container and depositing such in a covered trash receptacle or in any other sanitary manner approved by the local Board of Health.
The provisions of this chapter shall not apply to blind persons who may use dogs as guides.
Spitting. Spitting upon the floor, steps, platform or upon the interior of any street or railway car, bus, or other public conveyance or upon the floors, staircases or any part of any building or upon the sidewalks or crosswalks or any street, alley, lane or public place.
Obnoxious trades. The carrying on of any trade or business in such a manner as to be obnoxious or offensive or which may be attended with unhealthful odors or which may be attended by such conditions or noises as may be detrimental to health.
Common towels. The supplying or furnishing of any roller towel (except such roller towel which can be mechanically adjusted for individual use or except individual paper towels), or of any towel for use by more than one person without intermediate laundering, in any hotel, school, retail food establishment, boarding house, bakery, clubhouse, washroom, public lavatory, health club, or in any place where a number of people congregate.
Plants. Permitting poison ivy, ragweed, or any other poisonous plant to exist or to grow upon any public or private property within 25 feet of any public sidewalk, public street or property line.
The depositing or maintaining, or permitting to be deposited or maintained, in or to any place, public or private, of any animal or vegetable substance of a decomposable nature, excepting that it be buried in the ground and immediately covered with clean earth at a depth of at least equal to the mass covered, and in no instance shall this depth be less than 12 inches provided that this shall not apply to manure being used for fertilizing purposes; and the maintaining or permitting to be maintained, upon any street, lot or other place, public or private, of any accumulation of animal or vegetable substance in which fly larvae or pupae exist, or any water in which mosquito larvae or pupae exist.
The discharging or permitting to be discharged, upon any street or public place, of any household drainage, decomposable or putrescible waste liquids or filth of any kind, unless previously filtered.
The depositing or discharging, or permitting to be deposited or discharged, into any stream, lake, spring or other body of water, of any sewage, excremental matter, domestic refuse or other polluting water.
Declaration of nuisance. Dumps are hereby declared to be nuisances hazardous to public health and are prohibited in the Township.
Dumping prohibited. It shall be unlawful for any person, firm or corporation, whether a principal or an agent, servant, employee or otherwise to dump or dispose of any trash, refuse, garbage or organic or combustible matter of any nature except as provided in Chapter 18, Solid Waste Management of the "Revised General Ordinances of the Township of Deptford."
In addition to the preceding section, whatever is detrimental to health or whatever is potentially injurious or dangerous to health is hereby declared to be a health nuisance.
Any person causing, maintaining or permitting any nuisance as defined and declared by this Board of Health Code shall, upon notice from the Board of Health, cause the same to be abated within such time as specified in the notice, and the expense of abating such nuisance shall be defrayed by the owner or other person in charge of the premises upon which the nuisance occurs or exists.
Any person who violates or neglects to comply with any provision of this section shall, upon conviction, be liable for the penalty established in Section BH:1-3 of this Code.