[HISTORY: Adopted by the Board of Health
of the Borough of Atlantic Highlands 1-20-1955. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Health Officer or other official authorized by the Board
of Health to enforce this chapter.
An individual, firm, corporation, association, society, partnership
and their agents or employees.
A.
The following matters, things, conditions or acts
and each of them are hereby declared to be a nuisance and injurious
to the health of the inhabitants of this municipality:
(1)
Any matter, thing, condition or act which is or may
become detrimental or a menace to the health of the inhabitants of
this municipality.
(2)
Any matter, thing, condition or act which is or may
become an annoyance, or interfere with the comfort or general well-being
of the inhabitants of this municipality.
(3)
Pollution, or existence of a condition or conditions
which cause or threaten pollution, of any waters in this municipality
in such manner as to cause or threaten injury to any of the inhabitants
of this municipality either in their health, comfort or property.
(4)
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, fly ash, dust, fumes, vapors,
mists or gases as to cause injury, detriment or annoyance to the inhabitants
of this municipality or endanger their comfort, repose, health or
safety.
(5)
The growth, existence or presence of ragweed on any
plot of land, lot, highway, right-of-way or any other public or private
place.
(6)
The growth, existence or presence of poison ivy within
20 feet of any property line.
(7)
The existence or presence of any water or other liquid
in which mosquito larvae breed or exist.
(8)
The existence or presence of any accumulation of garbage,
refuse, manure, of animal or vegetable matter, which may attract flies
and to which flies may have access, or in which fly larvae or pupae
breed or exist.
(9)
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 or constitutes a breeding place
or harborage for insects or rodents in or on any land, premises, building
or other place.
(10)
The keeping in possession of any goats, sheep,
swine, horses, ponies, mules, donkeys, rabbits, chickens, pigeons
or other fowl.
[Amended 10-1-1968]
B.
It shall be unlawful for any person or persons to
commit, maintain or allow any nuisance, as declared and described
in this section.
It shall be unlawful for the owner or owners
who have agreed to supply heat to any building designed to be occupied
or occupied as a residence by more than two families to fail to supply
heat from the first day of October in each year to the first day of
May of the succeeding year in such manner that the temperature of
said building where one or more persons reside shall always be kept
at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m.
It shall be unlawful for any person to make,
cause or 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 this municipality, 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 this municipality or any member
thereof.
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence,
or for any person to reside in any building as its owner which:
A.
Is not adequately and properly ventilated.
B.
Fails to provide potable water at sufficient pressure
and quantity for each family unit from a public supply approved by
the State Department of Health and Senior Services or a private supply
approved by the Enforcing Official.
C.
Does not have plumbing fixtures consisting of a kitchen
sink, bathtub or shower, lavatory and flush toilet connected to the
potable water supply.
D.
Does not have facilities for the discharge of all
household liquid wastes into a public sewer system approved by the
State Department of Health and Senior Services, or into a private
sewer approved by the Enforcing Official.
It shall be unlawful for any person to spit
upon any public sidewalk or upon any part of the interior or exterior
of any public building or public conveyance.
A.
All places and premises in this municipality shall
be subject to inspection by the Board of Health or the Enforcing Official
if the Board or that official has reason to believe that any section
of this chapter is being violated.
B.
It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Board of Health or the Enforcing Official
from having full access to any place or premises upon which a violation
of this chapter is believed to exist.
A.
Whenever a nuisance, as declared by § 235-2 of 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. 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 posted on the premises, and such action shall be considered proper notification to the owner, tenant or occupant thereof.
B.
Whenever a nuisance, as declared by § 235-2 of 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.
C.
If the owner, tenant or occupant, upon being 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.
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 § 235-2 of 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.
The provisions of this chapter shall be enforced
by the Borough of Atlantic Highlands Board of Health or its Enforcing
Official.