[HISTORY: Adopted by the Board of Health
of the Township of East Hanover 9-1-1981 as Art. III of Board of Health Ord. No. 1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 115.
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Township of East Hanover.
The Health Officer of the Township of East Hanover appointed
by the Board of Health of the Township of East Hanover.
Includes an individual, firm, corporation, association, society,
partnership and their agents or employees.
The Township of East Hanover, New Jersey.
A.
No person shall create, commit or maintain, or allow
to be created, committed or maintained, any nuisance within the Township
of East Hanover, New Jersey.
B.
For the purposes of this chapter, the following specific
things, conditions and acts, each and all of them, are hereby defined
and declared to be nuisances:
(1)
Maintaining or permitting to be maintained any pool,
pond, ditch, stream or other body of water, or any cistern, privy
vault, cesspool, rain barrel or other receptacle containing liquid,
or permitting the accumulation of any water or liquid in which mosquito
larvae or pupae breed or do exist.
(2)
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter in which fly larvae or
pupae exist or which attracts flies and other insects or wherein they
breed.
(3)
Constructing, maintaining or using any well, or permitting
the use of any well or other supply of water for drinking or household
purposes, which is polluted or which is so situated or constructed
that it may become polluted.
(4)
Polluting or causing or permitting the existence of
any condition or conditions which pollute or cause or threaten the
pollution of any source of potable waters or any water supply.
(5)
Permitting ragweed in a flowering state or poison
ivy to exist or to grow upon any public or private property.
(6)
Permitting the existence of any imperfect, defective,
leaking, unclean or filthy sink, water closet, urinal, sump pit, slop
basin or other plumbing fixture in any building used or occupied by
human beings.
(7)
Depositing, maintaining or permitting the maintenance
or accumulation of any household refuse, wastewater, sewage, garbage,
tin cans, offal or excrement; any decaying fruit, vegetable, fish,
meat, animal carcass or bones; any oyster or clam shell; or any other
matter, material, substance 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, rats or other
rodents.
(8)
Causing or permitting to be created or to exist on
any property any foul or obnoxious odors, gases or vapors.
(9)
Depositing or storing or permitting the deposit, storage
or accumulation on any property of any foul, putrid, corrosive or
otherwise obnoxious liquid or substance.
(10)
Depositing or storing or permitting the deposit,
storage or accumulation on any property of any chemical or other waste
or flammable, explosive, corrosive or otherwise dangerous liquid,
material or substance, except in a manner and under such conditions
and restrictions as are prescribed by law.
(11)
Permitting any garbage, offal, scraps, waste
food or other putrescible material to be held in a container which
is not watertight or which is uncovered, in any store or factory,
outside of any building, on any public or private property or in any
building of multiple occupancy.
(12)
Spitting by any person upon any public sidewalk
or crossing or upon the floor of any public building, bus or other
public conveyance.
(13)
The keeping of horses, cows, goats, rabbits,
guinea pigs, dogs, cats or other animals under unsanitary conditions.
(14)
The keeping of swine, cows, horses or chickens
except by special written permission of the Board of Health.
(15)
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; or burying, plowing
under or otherwise disposing of such excrement or permitting the same
to be done near any stream, well, lake, spring or other source of
water used for drinking or 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 appear again above the surface of
the ground.
(16)
No person shall urinate or defecate on any public street, sidewalk
or in any other public place or in any other place open to and used
by the public or outdoors on any property.
[Added 8-7-2017 by Ord. No. 7-2017]
C.
No person shall, within the Township of East Hanover,
sweep, throw, place or otherwise deposit in or upon any sidewalk,
street, gutter, public alley, park or parking area or any other public
place any dirt, rubbish, paper, garbage, filth, ashes, glass, rubbish
or refuse of any kind, or suffer or permit the same to be done.
D.
No person shall throw, deposit or otherwise place
upon any sidewalk, crosswalk or other public place used for pedestrian
travel any fruit, vegetable or other substance which, when stepped
upon, is liable to cause or does cause any person to slip or fall.
E.
No person shall, within the Township of East Hanover,
direct, discharge or otherwise drain, or cause or permit the direction,
discharge, flow or drainage, into any gutter or upon or across any
sidewalk, street, public alley, park or parking area or any other
public or private place, of any:
(1)
Refuse or wastewater from any sink, stable, toilet,
septic tank, cesspool, sewer lateral or sewage disposal unit.
(2)
Waste or washwater from any laundry, automobile filling
station, garage or car-washing establishment.
(3)
Stormwater from a cellar drain or sump pump or from
any storm drain, brook, spring, pond, marsh or lowland or from any
swimming pool.
F.
No person shall, within the Township of East Hanover,
deposit, empty, drain or discharge any gasoline, fuel or lubricating
oil or other petroleum product or derivatives; or any solvent, thinner,
lacquer, paint, paint remover, varnish, cleaning fluid or other cleansing
preparation; or anything of a corrosive, explosive or flammable nature,
or any effluent containing any of the same, into any storm sewer,
catch basin, ditch, stormwater drain, gutter, street or other public
place.
G.
No person shall, within the Township of East Hanover,
burn any substance in any public street or burn or permit to be burned
any garbage, animal remains or offal, or burn any other substance
in such a manner that there is thereby created noxious, nauseating
or annoying smoke, fumes or odors.
H.
No person shall, within the Township of East Hanover,
bury or permit to be buried the body of any dead animal, and the owner
or person in charge of any animal having died in the Township of East
Hanover shall remove and dispose of the body according to the directions
of the Health Officer.
I.
No owner, tenant, lessee or person in charge of any
building, house, store, room or place shall, within the Township of
East Hanover, maintain the same or permit the same to be maintained
in any state of uncleanliness or filthiness or in any unsanitary condition.
J.
The owner, lessee or other person in charge of any
barn, stable or shed in which any horse, goat or other domestic animal
is kept shall keep such barn, stable or shed and the premises thereof
in a clean and sanitary condition at all times, and no such person
shall maintain or permit to be maintained any accumulation of manure
nearer than 30 feet to any dwelling house.
K.
No person shall, within the Township of East Hanover,
maintain any shed, coop, pen or runway for fowl or rabbits nearer
than 100 feet to the doors or windows of any building, or maintain
any such shed, coop, pen or runway in any unclean or unsanitary condition.
It shall be unlawful for any person to make
or cause or to suffer or permit to be made or caused upon any premises
owned, occupied or controlled by him or it, or upon any public street,
alley or thoroughfare in the Township of East Hanover, any unnecessary
noises or sounds by means of the human voice or by any other means
or methods which are physically annoying to persons or 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 Township
of East Hanover.
All places and premises in the Township of East
Hanover shall be subject to inspection by the Board of Health, the
Health Officer or Sanitarian Inspector.
A.
Whenever a nuisance, as declared by this chapter,
is found on any plot of land, lot, right-of-way or any other private
premises or place, notice in writing shall be given to the owner thereof
to remove or abate the same within such time as shall be specified
therein but not less than five days from the date of service thereof.
A duplicate of the notice shall be left with one or more of the tenants
or occupants of the premises or place.
B.
If the owner resides out of the state or cannot be
so notified speedily, such notice shall be left at that place or premises
with the tenant or occupant thereof or be posted on the premises,
and such action shall be considered proper notification to the owner,
tenant or occupant thereof.
C.
Whenever a nuisance, as declared by this chapter,
is found on any public property or on any highway or any other public
premises or place, notice in writing shall be given to the person
in charge thereof to remove or abate the same within such time as
shall be specified therein. If such person fails to comply with such
notice within the time specified therein, the Board of Health may
remove or abate such nuisance in the manner as hereinafter provided
in the case of a like condition existing on a private premises or
place.
D.
If the owner, tenant or occupant who is notified as
provided by this section shall not comply with such notice within
the time specified therein and fails to remove or abate such nuisance,
the Board of Health shall proceed to abate the nuisance or may cause
it to be removed or abated in a summary manner by such means as said
Board shall deem proper in accordance with law.
The Board of Health may institute an action
at law to recover costs incurred by it in the removal or abatement
of any nuisance, as declared by this chapter, from any person who
shall have caused or allowed such nuisance to exist or from any owner,
tenant or occupant of premises who, after notice and notification
as herein provided, shall fail to remove and abate the same within
the time specified in such notice.