[R.O. 1951, Ch. 18, §§ 1, 20; amended by 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]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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
unreasonably interfere with the enjoyment of life or property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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."
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Any nonresidential facility used to provide services to the
public, including but not limited to:
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, trichinosis, membranous
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."
The Department of Health of the Township.
Those chemicals used as insecticides, rodenticides, fungicides,
herbicides, nematocides or defoliants.
The Health Officer or other official authorized by the Department
of Health to enforce this Code.
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.
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.
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
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.
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. 7:29-2.12(a)1].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
Any facility and its related premises, property or equipment
used to provide governmental services to the public, including but
not limited to:
Property used for human habitation, including but not limited
to:
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.
The sound pressure level measured in decibels with a sound
level meter set for A-weighing; sound level is expressed in dBA.
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.
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.
Any person who actually performs the work of tattooing.
Any room or space where tattooing is practiced or where the
business of tattooing is conducted, or any part thereof.
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, § 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.
[1]
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; amended by 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.
[1]
Editor's Note: For state law as to duties of local registrar
of vital statistics, see N.J.R.S. 26:8-25.
[Ord. No. 3073, 2-10-1987, § 1; amended by Ord. No. 3246, 12-12-1989, §§ 12 and 13]
(a)
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 Chapter 33, Development Regulations, Article V, Zoning. 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.
(b)
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.
[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.
[1]
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.
[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]
(a)
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.
(b)
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.
(c)
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.
[Ord. No. 3164, 9-13-1988, § 1]
(a)
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.
[1]
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).
[R.O. 1958, Ch. 18, § 9; amended by 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]
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 is 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:
(a)
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.
(b)
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 hour 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 § 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.
[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).
[R.O. 1951, Ch. 18, § 7; amended by Ord. No. 1441, § 1; Ord. No. 1930, 10-6-1981, § 2]
(a)
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.
(b)
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, § 11]
No person shall allow the accumulation of dirt, filth or other
obstructions in the gutters.
[R.O. 1951, Ch. 18, § 12; amended by Ord. No. 1295, § 1; Ord. No. 3073, 2-10-1987, § 1]
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:
(a)
Cross-connection with other water systems is prohibited.
(b)
All nonpotable supplies shall be clearly marked NOT FOR DRINKING
PURPOSES.
(d)
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.
(e)
Abandoned wells must be sealed in accordance with Health Department
directives. The Health Department shall be notified prior to closing
or abandoning any well.
(f)
The Department of Health may revoke a well license if the well becomes
a potential hazard to health or is a public nuisance.
(g)
All wells shall be subject to inspection, which inspection shall
be made by the Township Health Officer and Plumbing Subcode Official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(h)
All wells shall be registered and licensed by the Health Department.
(i)
Prior to construction of any well, a construction permit shall be
obtained from the Health Department.
[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.
(a)
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:
(1)
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
(2)
The governing authority is otherwise satisfied that a water
emergency exists in the municipality.
(b)
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:
(1)
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.
(2)
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
(3)
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.
(c)
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.
(d)
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.
(e)
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 marshlands 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.
[1]
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.
