[HISTORY: Adopted by the Board of Health of the Township
of Delran 11-24-2009 by Ord. No. 2009-22. Amendments noted where applicable.]
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.[1] A copy of said code is annexed hereto and made a part
hereof without the inclusion of the text thereof herein.[2]
The said code established and adopted by this ordinance is described
and commonly known as the "Public Health Nuisance Code of New Jersey
(1953)."
Three copies of the said Public Health Nuisance Code of New
Jersey (1953) have been placed on file in the office of the Secretary
of this local Board of Health upon the introduction of this ordinance
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 ordinance or code established herein or notice issued pursuant
thereto shall, upon conviction thereof, be liable to a penalty of
not more than $500 for each violation, or imprisonment in the county
jail for a term not exceeding 90 days, or both.
All ordinances, codes or parts of same inconsistent with any
of the provisions of this ordinance and the code established hereunder
are hereby repealed to the extent of such inconsistency.
In the event that any section, sentence or clause of this ordinance
or code shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
This ordinance and the code herein established shall take effect
30 days after first publication.
ENFORCING OFFICIAL - Includes the Health Officer or other official
authorized by the Board of Health to enforce this code and chapter.
Includes 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 or 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.
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 number 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; or
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 or a private supply approved by the enforcing official;
or
C.
Does not have plumbing fixtures consisting of a kitchen sink, bathtub
or shower, lavatory and flush toilet connected to the potable water
supply; or
D.
Does not have facilities for the discharge of all household liquid
wastes into a public sewerage system approved by the State Department
of Health or into a private sewerage system 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
code 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
code is believed to exist.
A.
Whenever a nuisance as declared by § 398-9 of this Code 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 the 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 § 398-9 of this Code 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 § 398-9 of this Code 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 code shall be enforced by the Board of
Health or its enforcing official.
