For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- AIR POLLUTION
- The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are or tend to be injurious to human health or welfare, animal or plant life or would reasonably interfere with the enjoyment of life or property.
- A-WEIGHTED SOUND LEVEL
- The sound level in decibels, reported as measured by a sound level measuring instrument having an A-weighing network which discriminates against the lower frequencies according to a relationship approximating the audio sensitivity of the human ear. The level so read is designated "dBA."
- COMMERCIAL FACILITY
- Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
- COMMUNITY SERVICE FACILITY
- Any nonresidential facility used to provide services to the public, including but not limited to:
- CONTAGIOUS DISEASE
- Any disease of an infectious, contagious or pestilential nature with which any person may be sick, affected or attacked, more especially cholera, yellow fever, smallpox, varioloid, diphtheria, ship or typhus, typhoid and scarlet fever, plague, trichionosis, membraneous croup, leprosy, syphilis and including any other disease of an infectious, contagious or pestilential nature.
- The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of a standard sound (20 micropascals); abbreviated "dB."
- DEPARTMENT OF HEALTH
- The Department of Health of the Township.
- ECONOMIC POISONS
- Those chemicals used as insecticides, rodenticides, fungicides, herbicides, nematocides or defoliants.
- ENFORCING OFFICIAL
- The Health Officer or other official authorized by the Department of Health to enforce this Code.
- FUEL-BURNING EQUIPMENT
- Includes any furnace, boiler, apparatus, device, mechanism, stack or structure used in the process of burning fuel or any other combustible material.
- All animal, vegetable, fruit or food wastes, in liquid or solid forms, of any kind.
- HEALTH OFFICER
- The Health Officer appointed by the Township Manager as his agent, for the enforcement of this Code and all other ordinances or regulations of the Department of Health relating to health matters and the enforcement of the health laws of the state.
- INDUSTRIAL FACILITY
- Any activity and its related premises, property, facilities or equipment involving the fabrication, manufacture or production of durable or nondurable goods.
- INTERNAL COMBUSTION ENGINE
- An apparatus in which the combustion of gaseous, liquid or pulverized solid fuel takes place within one or more cylinders.
- Any two frequencies whose ratio is exactly 2:1.
- OCTAVE BAND
- A spectrum of sound frequencies between band edge frequencies an octave apart. For purposes of this procedure, octave band frequencies are as specified in Table 1, Page 11, of ANSI S1.11-1966(R-1976), Specifications for octave, half-octave and third-octave band filter sets [see N.J.A.C. 7:29B-1.12(a)1].
- The permission of the Department of Health.
- Any individual, public or private corporation, political subdivision, governmental agency, department or bureau of the state, municipality, industry, copartnership or association.
- PUBLIC PLACES
- Parks, piers, docks and wharves and water and open spaces adjacent thereto and public yards, grounds and areas and open spaces between buildings and streets and all manner of buildings which the public have access to and where people congregate, including churches, theaters, moving-picture houses, stations, depots and other places of like type.
- PUBLIC SERVICE FACILITY
- Any facility and its related premises, property or equipment used to provide governmental services to the public, including but not limited to:
- RESIDENTIAL PROPERTY
- Property used for human habitation, including but not limited to:
- RINGELMANN SMOKE CHART
- The Ringelmann's scale for grading the density of smoke published by the United States Bureau of Mines or any chart, recorder, indicator or device for the measurement of smoke density which is approved by the Department of Health of the state as the equivalent of said Ringelmann's scale.
- Any room commonly used for living purposes, not including any space in a dwelling used as a lobby, hallway, closet, bathroom, kitchen, storage space, utility room, sun-porch, unfinished attic, cellar or any other room having a floor space of less than 70 square feet.
- Includes small gas-borne and air-borne particles in sufficient number to be observable and arising from a process of combustion.
- SOUND LEVEL
- The sound pressure level measured in decibels with a sound level meter set for A-weighing; sound level is expressed in dBA.
- SOUND PRESSURE LEVEL
- The level of a sound measured in dB units with a sound level meter which has a uniform (flat) response over the band of frequencies measured.
- STACK OR CHIMNEY
- A flue, conduit or opening permitting particulate or gaseous emissions into the open air or constructed or arranged for such purposes.
- Avenues, sidewalks, gutters, places and public alleys.
- To mark or color the human skin by pricking in coloring matter so as to form indelible marks or figures or by the production of scars.
- TATTOO ARTIST
- Any person who actually performs the work of tattooing.
- TATTOO ESTABLISHMENT
- Any room or space where tattooing is practiced or where the business of tattooing is conducted, or any part thereof.
- TATTOO OPERATOR
- Any person who controls, operates, conducts or manages any
tattoo establishment, whether actually performing the work of tattooing
or not.[R.O. 1951, ch. 18, §§ 1, 20; Ord. No. 990, § 1; Ord. No. 1369, § 1; Ord. No. 1383, § 1; Ord. No. 3152, 6-21-1988, § 2; Ord. No. 3164, 9-13-1988, § 1.]
[R.O. 1951, ch. 18, § 2.]
There shall be appointed by the Township Manager an officer known as the Health Officer, who shall perform all the duties required by this chapter and such ordinances and resolutions relating to the enforcement of this Code and all other ordinances of the Township and the health laws of the state.
Editor's Note: For state law as to appointment of local health officers, see N.J.R.S. 26:3-18.1 et seq.
[R.O. 1951, ch. 18, § 28.]
Whenever any health law of this state, this Code or any ordinance or regulation of the Department of Health shall provide that a notice or notification shall be given by the Department of Health to any person violating the provisions of such law, ordinance or regulation, the Health Officer shall be invested with the power and authority to give such notice in the absence of other notice given by the Department of Health.
[R.O. 1951, ch. 18, § 27.]
Every member of the Department of Health and all officers and agents thereof shall by virtue of their respective appointments be vested with the power and authority to make the inspections and examinations required by any health law of this state to be made by the local Department of Health or required by this Code or any ordinance, regulation or order of the Department. All persons are prohibited from interfering with or obstructing such inspection, examination or execution.
[ Ord. No. 1015, § 1; Ord. No. 3073, 3-10-1987, § 1; Ord. No. 3246, 12-12-1989, § 11.]
All fees are contained in appendix III of Chapter 2.
[R.O. 1951, ch. 18, § 19.]
In addition to the duties prescribed to be performed by the laws of the state, the Registrar of Vital Statistics shall perform such other duties as may be required of him and report on such duties to the Township Council at least once each month.
Editor's Note: For state law as to duties of local registrar of vital statistics, see N.J.R.S. 26:8-25.
Basement apartments situated in apartment buildings and occupied by a resident superintendent shall be approved by and a permit shall be obtained from the Health Department. Such apartments shall conform to the Zoning Ordinance. All such permits shall expire on January 1 of the year following issue. The fee shall be as contained in Appendix III of Chapter 2.
A permit shall be obtained from the Health Department for all cellar or basement dwellings used for sleeping purposes by domestics in the employ of the occupant-owners. All such permits shall expire on January 1 of the year following issue.
[ Ord. No. 3073, 2-10-1987, § 1; Ord. No. 3246, 12-12-1989, §§ 12 and 13.]
[R.O. 1951, ch. 18, § 14.]
Whatever is dangerous to human health, or whatever renders the ground, the water or the air a hazard or a potential danger to human health, is declared a nuisance.
Editor's Note: For state law as to declaration and abatement of nuisances by local boards of health, see N.J.R.S. 26:3-45 et seq. As to nuisances affecting health generally, see N.J.R.S. 26:3B-1 et seq.
[R.O. 1951, ch. 18, § 26.]
The Department of Health, under the general laws as to the abatement of nuisances or matters prejudicial to health, shall take such measures as in its judgment the interest of the public health may require. No act, place or thing shall be deemed a nuisance within the provisions of this chapter which shall be authorized by a permit from the Department of Health. Such permit shall be issued in the discretion of and be revocable at the pleasure of the Department of Health, but immediately upon such revocation the provisions of this chapter shall apply as though the permit had never been granted.
[R.O. 1951, ch. 18, § 4.]
No person shall carry on any trade, manufacture or business within the Township which may be obnoxious or offensive to the inhabitants of the Township and which may be attended by noisome and offensive fumes or odors without first having obtained a permit therefor to be granted by the Department of Health. Such permit shall be granted on such terms and conditions as shall be prescribed by the Department of Health. The applicant for such permit shall subscribe to such terms or conditions before receiving the permit. Such permit shall not be transferable in case of the sale or transfer of a business, in which case a new application shall be made in the name of the parties who propose to conduct the business. The trade, manufacture or business may be at any time summarily abated in case of failure or neglect to comply with the terms and conditions of the permit and any such trade, manufacture or business which may be established within the Township, without having first obtained the permit provided for in this section, shall be summarily abated.
[ Ord. No. 1383, § 2.]
Fuel-burning equipment which comes under the jurisdiction of this chapter shall be inspected by the enforcing official as often as he deems it necessary to determine that such equipment is in such condition that it can be operated in compliance with provisions of this chapter.
[ Ord. No. 1383, § 3.]
No person shall permit smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, to be emitted into the open air from any fuel-burning equipment, internal combustion engine, stack or chimney.
The standard to be used for the purpose of grading the shade or appearance of smoke under this chapter shall be the Ringelmann Smoke Chart.
No person shall cause, suffer, allow or permit the escape or emission from any fuel-burning equipment, internal combustion engine, stack or chimney into the open air of smoke or other air-borne products of combustion in such quantity as to cause injury, detriment, nuisance or annoyance to the public or to endanger the comfort, repose, health or safety of the public.
Notwithstanding compliance with other chapters, sections or subsections of this chapter, no person shall cause, suffer, allow or permit to be emitted into the outdoor atmosphere substances in quantities which shall result in air pollution as defined herein.
[R.O. 1951, ch. 18, § 5.]
No person shall be allowed to place anywhere within the Township, or carry through the Township without proper cover, anything of whatever nature that shall produce offensive odors or that may be annoying or dangerous to the public health, and no person shall be permitted to empty any house drainage or offensive matter into the street gutters.
[R.O. 1951, ch. 18, § 6.]
The owner of any animal or fowl which may have died or have been killed upon a public street, avenue or other place shall, within 24 hours after such death or killing, remove the carcass of such animal or fowl from such public street, avenue or other public place and dispose of the carcass in a sanitary manner.
[R.O. 1951, ch. 18, § 8.]
No person owning or occupying any building or premises shall use the same, or permit or rent the same to be used, for any business or employment or for any purpose of pleasure or recreation if such shall disturb or destroy the peace of the neighborhood in such a manner as to be dangerous or detrimental to health.
Editor's Note: For state law as to authority of Township to preserve the public peace, see N.J.S.A. 40:48-1(6).
It shall be unlawful for any person to make, continue, suffer, permit, allow or cause to be made or continued, upon any premises or in any vehicle owned, occupied or controlled by such person or another, or upon any public street, thoroughfare or parking lot, or in any public park, playground, gathering place or means of public transportation, any excessive, unnecessary or unusually loud noise which either annoys, injures, disturbs or endangers the comfort, health, repose, peace or safety of others within the Township and which is unreasonable and unnecessary in the circumstances or which is so harsh, prolonged or unusual in its use, time and place as to annoy, disturb or endanger the comfort, health, repose, peace or safety of others within the Township and which are unreasonable and unnecessary in the circumstances. Loud, disturbing, injurious or unnecessary noises in violation of this section are hereby declared to be a nuisance and are prohibited; they include but are not limited to the following, if they are unreasonable and unnecessary in the circumstances:
Any such noise which disturbs the peace; the blowing of whistles or horns; the ringing of bells; the barking of dogs; the playing of musical instruments; noisy deliveries; noisy service of motor vehicles; operation of noisy motor vehicles; other noisy motor vehicles; the use of muffler cutouts; the operation of power tools, including power lawn equipment; the use of sound reproduction systems; loudspeakers and public address systems or similar devices; or the creation in any manner of other loud noises which are unreasonable and unnecessary in the circumstances.
No person shall cause, suffer, allow or permit the operation of any tools or equipment used in the construction, drilling, earth moving, excavating or demolition work, or the operation of any power lawn equipment, including mowers, leaf blowers, edgers or trimmers, before the hours of 6:30 a.m. and after 8:00 p.m. on weekdays, and before 7:30 a.m. and after 8:00 p.m. on weekends and legal holidays as established in Section 36-5 of the Code of the Township of Teaneck unless an emergency has been declared by the Township Manager or his designee or such work occurs within an industrial or commercial zone and the resulting noise does not impact on any residential property. This ordinance shall otherwise as provided take effect immediately upon passage and publication, or by law.
[R.O. 1958, ch. 18, § 9; Ord. No. 1930, 10-6-1981, § 1; Ord. No. 3213, 6-13-1989, § 1; Ord. No. 3543; 3-24-1998, § 1; Ord. No. 3743, 1-7-2003, § 1.]
Editor's Note: For state law as to authority of Township to prevent disturbing noises, see N.J.S.A. 40:48-1(8).
No person owning, occupying or having in charge any building or other premises shall keep or allow thereon or therein any animals or birds which shall by loud and unnecessary noise so disturb anyone in the vicinity that his health is adversely affected thereby.
No person shall at any time keep or allow in the rear, front or side yard of any building or premises any animal, attended or unattended, which shall disturb or destroy the peace of the neighborhood.
[R.O. 1951, ch. 18, § 7; Ord. No. 1441, § 1; Ord. No. 1930, 10-6-1981, § 2.]
[R.O. 1951, ch. 18, § 11.]
No person shall allow the accumulation of dirt, filth or other obstructions in the gutters.
The pollution of any stream, well, spring or reservoir of water used for drinking purposes is prohibited. All wells must be licensed by the Township Department of Health and shall be subject to the following regulations:
Cross-connection with other water systems is prohibited.
All nonpotable supplies shall be clearly marked, NOT FOR DRINKING PURPOSES.
Potable water supplies must conform with the standards as set forth in P.L. 1954, c. 199, Laws of New Jersey.
Well owners shall, upon the request of the Department of Health of the Township, engage the services of an approved laboratory for bacterial or chemical analysis of water samples.
Abandoned wells must be sealed in accordance with Health Department directives. The Health Department shall be notified prior to closing or abandoning any well.
The Department of Health may revoke a well license if the well becomes a potential hazard to health or is a public nuisance.
All wells shall be subject to inspection which inspection shall be made by the Township Health Officer and Plumbing Inspector.
All wells shall be registered and licensed by the Health Department.
Prior to construction of any well, a construction permit shall be obtained from the Health Department.
[R.O. 1951, ch. 18, § 12; Ord. No. 1295, § 1; Ord. No. 3073, 2-10-1987, § 1.]
Editor's Note: For state law as to authority of Township to protect the water supply, see N.J.S.A. 26:3-31a.
Declaration of water emergency. Whenever the governing body shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in Subsection (b) of this section is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days unless extended or repealed as set forth in Subsection (c) of this section. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, has notified the municipality, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice of such restrictions and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so; or
The governing authority is otherwise satisfied that a water emergency exists in the municipality.
Water Use restrictions. Upon adoption of the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with Subsection (a) of this section, all citizens shall be urged to observe voluntary indoor conservation measures and, any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein during the water emergency:
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars.
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency; or
Any other water use restriction specified by the governing body in the resolution required by Subsection (a) of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with Subsection (a) of this section.
Duration of water use restrictions. The resolution of the governing body required by Subsection (a) of this section shall, in addition to complying with Subsection (a), provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances, considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
Enforcement of water use restrictions. The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by Subsection (e) of this section. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
Penalties. After a first offense in accordance with Subsection (d) of this section, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both. This section shall be enforced by the Township Manager or his authorized representative.
[R.O. 1951, ch. 18, § 16.]
All sunken lots or marsh lands or lots below grade where stagnant water gathers or is collected are declared nuisances, and any owner, agent or tenant of any such lots shall on written notice from the Department of Health correct and abate such nuisance in the manner prescribed by the Department in the notice. No owner, tenant or agent shall fail to comply with such notice within the period named in such notice.
Editor's Note: For state law as to authority of Township relative to accumulations of stagnant water, see N.J.R.S. 26:3-31h.
[R.O. 1951, ch. 18, § 13.]
If any well or spring in the Township or any water used for drinking purposes is found to be polluted or to be the cause of any sickness, the Department of Health shall order the same to be closed or not to be used.
[R.O. 1951, ch. 18, § 17.]
It shall be unlawful to provide a common drinking cup in any public park, street or way, or in any building or premises used as a public institution, hotel, theater, public hall or public school or in any railroad station or railway car.
[ Ord. No. 1369, 32.]
It shall be unlawful for any person in the Township to operate a tattoo establishment or engage in the practice or business of tattooing, as a tattoo operator or as a tattoo artist, except that tattooing may be performed for medical purposes under the direct supervision of a person licensed to practice medicine in the state.