[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 9-7-1994 by Ord. No. R-76. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
When used in connection with foods, drugs, cosmetics, or
devices, these terms shall have the meanings respectively ascribed
to them in N.J.S.A. 24:5-8 to 24:5-11.1.
[Added 5-15-1996 by Ord. No. R-185]
Food or drink, a source of food or drink, a method, a device
or a piece of equipment meeting requirements of the Board of Health
and the State Department of Health or as per law.
[Added 5-15-1996 by Ord. No. R-185]
A licensed Sanitary First Grade Inspector or public health
investigator.
The Hoboken Board of Health.
[Added 5-15-1996 by Ord. No. R-185]
The City of Hoboken.
Any place, premises, building, part of building, cellar or
basement or room or establishment used therein for the purpose of
washing, dry cleaning or drying of clothing, linens or any other type
of wash both on or off the premises.
[Added 5-15-1996 by Ord. No. R-185]
The term cosmetic shall have the meaning ascribed to it by
N.J.S.A. 24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
Any place, premises, building, cellar or basement, apartment
or room occupied or used therein for the having, holding, collection
handling, production, processing, mixing, compounding, manufacture,
packing, storage, distribution or sale of: (1) articles used (for
or as cosmetics) for or intended to be rubbed, poured, sprinkled or
sprayed on, introduced into, or otherwise applied to the human body
or any part thereof for cleansing, beautifying, promoting attractiveness
or altering the appearance and, (2) articles intended for use as a
component of any such article, except that such term shall not include
soap.
[Added 5-15-1996 by Ord. No. R-185]
Any person so deemed by the Health Officer.
[Added 5-15-1996 by Ord. No. R-185]
The term device shall have the meaning ascribed to it by
N.J.S.A. 24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
The term drug shall have the meaning ascribed to it by N.J.S.A.
24:1-1.
[Added 5-15-1996 by Ord. No. R-185]
Any place, premises, building, part of building, cellar or
basement, apartment or room occupied or used therein for having, holding,
collection, handling, production, processing, mixing, compounding,
manufacture, packing, storage, distribution or sale of:
[Added 5-15-1996 by Ord. No. R-185]
Any person who handles any food, drug or cosmetics, or device
or article used for food, drugs, cosmetics, or device used in the
having, holding, collection, handling, production, preparation, processing,
manufacture, packing, storage, distribution of food, drugs or cosmetics.
[Added 5-15-1996 by Ord. No. R-185]
Any mechanical apparatus or contrivance or parts thereof
used in the production, processing, preparation, compounding, mixing,
bottling, manufacture, packing, storage or distribution of food, drugs,
devices or cosmetics.
[Added 5-15-1996 by Ord. No. R-185]
Any raw, cooked or processed edible substances, water, ice,
beverages or ingredient used or intended for use or for sale in whole
or in part for human consumption.
[Added 5-15-1996 by Ord. No. R-185]
Any place, premises, building, part of building, cellar or
basement or room or establishment that is designated therein for indoor
sports, exercise or physical education.
[Added 5-15-1996 by Ord. No. R-185]
The legally designated Health Officer of the City of Hoboken.
Any place, building, part of building, cellar or basement
or room, or establishment used therein for the purpose of washing,
cleaning and/or drying articles of clothing, linens or any other type
of wash.
[Added 5-15-1996 by Ord. No. R-185]
The term misbranded, when used in connection with food, drugs,
cosmetics or devices, shall have the meaning ascribed to it by N.J.S.A.
24:5-16 to N.J.S.A. 24:5-18.1.
[Added 5-15-1996 by Ord. No. R-185]
The definitions in N.J.A.C. 8:24-1.3, "Definitions." Shall have the meaning as defined in N.J.A.C. 8:24-1.5, and shall include "mobile retail motorized food vendor" and "mobile retail nonmotorized food vendor," as defined in Chapter 147 of the Hoboken City Code.
[Added 5-15-1996 by Ord. No. R-185; amended 3-7-2012 by Ord. No.
Z-159]
Any condition, or cause which may produce noise, offensive
odor or any condition which may be an annoyance, a hazard, or a detriment
to human health.
[Added 5-15-1996 by Ord. No. R-185]
Any directive of the Health Officer.
Includes an individual, firm, corporation, association, society,
partnership and their agents or employees.
Any privately owned and/or operated portable toilet, including without limitation outhouses, porta potties, and/or portable chemical toilets. Whenever a privately owned and/or operated port-o-john is placed upon a construction site, which site is subject to oversight by the Construction Code Official, within the City of Hoboken, both the Health Officer and the Construction Code Official shall be authorized agents for the enforcement of the regulations in this Chapter 115 regarding the port-o-john(s) at said construction site.
[Added 7-6-2016 by Ord.
No. Z-421]
The definition in N.J.A.C. 8:26 et seq.
[Added 5-15-1996 by Ord. No. R-185]
Any place, premises, building, part of building, cellar or
basement, apartment or room occupied or used therein for providing
services to the public for cleansing, beautifying, promoting attractiveness
or altering appearance, and promoting comfort. These shall include,
but shall not be limited to: barber shops, hair salons, nail salons,
beauty parlors, beauty salons, and tanning salons.
[Added 5-15-1996 by Ord. No. R-185]
The definitions in N.J.A.C. 8:24-1.3, "Definitions."
[Added 5-15-1996 by Ord. No. R-185]
[Amended 5-3-1995 by Ord. No. R-125; 5-15-1996 by Ord. No. R-185; 5-5-1996 by Ord. No. R-185; 7-6-2016 by Ord. No. Z-421]
The Health Officer or his authorized agent hereby has the authority to conduct inspections of all establishments delineated in §§ 128-1, 128-5 and 128-8 hereof, any privately owned or operated port-o-john within City limits, all drug and cosmetic establishments as well as all taverns, bars, cocktail lounges, dance clubs and any retail food establishment as defined in N.J.A.C. 8:24-1.5 and any similar establishment where food is prepared for retail sale or service on the premises or elsewhere, in any other retail eating or drinking establishment or operation where food or drink is served, handled or provided for the public with or without charge to ensure the following. Such is not an exclusive list, and the Health Officer or his authorized agent may inspect all the above establishments or facilities for other defects he might reasonably believe might impact on public health. The Health Officer or his authorized agent may inspect for compliance with the following:
A.
Every foundation, floor, wall, ceiling and roof shall be weathertight,
watertight, safe, clean, sanitary and in good repair.
B.
Every window, door and basement shall be weathertight, watertight
and kept in a clean sanitary way and in good repair.
C.
All parts of the establishment shall be kept in a rodentproof and
insectproof condition. Effective control measures shall be utilized
to minimize and eliminate the presence of insects, rodents and other
vermin.
D.
All toilet facilities, showers and baths shall be kept in a clean,
sanitary way and in good working condition. The above facilities shall
be kept odor- and nuisance-free.
E.
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free
of defects, leaks and obstructions.
F.
Hand-washing facilities shall have an adequate supply of hand-washing
soap and sanitary towels or approved hand-drying device. Use of common
towels is prohibited. Where disposable towels are used, waste receptacles
shall be located conveniently near hand-washing facilities.
G.
All showers and baths shall have hot and cold running water. Hot
water shall be at a temperature of 120° F.
H.
All equipment used within establishments shall be maintained in good
repair and kept in a safe, clean and sanitary way.
I.
All chemicals shall be clearly marked and stored in areas designated
by the Health Officer or his authorized agent.
J.
All parts of the establishment, equipment and its premises shall
be kept neat, clean, free of odors and nuisances and in good working
condition.
K.
All equipment shall be stored in a clean, safe and nuisance-free
manner.
M.
Establishments shall have health and safety notices, which the Health
Officer deems necessary, to be conspicuously posted in areas designated
by the Health Officer or his authorized agent.
N.
Any other requirement deemed necessary by the Health Officer in view
of the operation of the establishment shall be met.
O.
Employees shall maintain a high degree of personal cleanliness and
shall conform to good hygienic practices during all working periods.
P.
All garbage and rubbish and refuse shall be kept in leak proof, nonabsorbent
containers constructed of durable metal, or other approved types of
materials which do not leak and which do not absorb liquids.
Q.
Adequate lockers within dressing rooms or other suitable facilities
shall be provided and used for the storage of employees' coats, clothing
and personal belongings.
R.
Laundered cloths and napkins shall be stored in clean, neat and protected
place until used.
S.
All storage places used for the storage of utensils or equipment
shall be kept neat, clean, and in good repair and in a sanitary way.
T.
All outside areas of establishments and facilities delineated in § 115-2 of this chapter shall be kept clean, in good repair and nuisance free.
U.
All used or soiled linens, cloths, and towels shall be stored in
a leak proof container with a securely fastened lid.
V.
All port-o-johns shall, in addition to any other applicable section
of this chapter, be professionally sanitized at least once per week.
A.
The Health Officer shall have the following powers in regard to the
examination of food, drink, drugs, cosmetics and other substances
as may be necessary for the detection of unwholesomeness, adulteration,
contamination or misbranding.
B.
The Health Officer or his authorized agent may prohibit the sale
or use of any food, drink, device, drug or cosmetic which is or is
suspected of being unwholesome, adulterated, contaminated or misbranded.
C.
The Health Officer or his authorized agent shall condemn any food,
drink, drug, cosmetic or device and cause it to be destroyed or disposed
of in such a manner as to make it impossible to thereafter be used
for human consumption or use, whenever suspected of being unwholesome,
adulterated, contaminated or misbranded.
D.
The person operating a food, drug, device or cosmetic plant or establishment
shall permit access to all parts of the establishment and shall make
available all records concerning the operation of said plant or establishment
to the Health Officer or his authorized agent.
The Health Officer shall have authority to demand a certificate
of health annually, or more often, when necessary, from every food
handler handling food intended for human consumption, signed by a
reputable physician, indicating that the food handler is free from
communicable disease.
[Amended 12-3-2014 by Ord. No. Z-319]
The Health Officer is hereby empowered to promulgate orders
at his discretion, to ensure that all provisions of this chapter and
all sections of the New Jersey State Sanitary Code which apply to
said licensee are met. Such orders shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately
The Health Officer has ordered compliance with the attached Appendix A* to Chapter 115, which is hereby incorporated by reference and made part of this Code chapter, and shall be fully enforceable as if included herein.
*Appendix A[1] is a replication of the model code for local health agencies,
as prescribed by N.J.A.C. 8:57-1.11(a)3.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
The Health Officer is hereby empowered to suspend the license of
any establishment, business or licensee that has been issued a license
by the Hoboken Health Department if any provision of this chapter
or any provision or regulation of the New Jersey State Sanitary Code
that regulates said establishment, business or licensee is not met.
B.
Immediately, upon notification of Health Officer or his authorized
agent, the operator of said establishment, business, licensee or facility
shall cease operation and shall not resume operation until approval
is given by the Health Officer or his authorized agent. When a license
is suspended pursuant to this chapter or an order to cease operation
is issued by the Health Officer or his authorized agent, the operator
shall immediately post on the front entrance of the establishment
or facility an evaluation placard which will state the following:
"The license of this establishment has been suspended by order of
the Health Officer of the City of Hoboken."
[Amended 5-15-1996 by Ord. No. R-185]
C.
Any establishment or facility not licensed by the Hoboken Board of Health, but delineated in § 115-2 shall be subject to an order to cease operations. Such facility or establishment shall immediately post on the front entrance of the establishment an evaluation placard which states the following: "This establishment or facility is hereby ordered to cease operations by order of the Health Officer of the City of Hoboken."
[Added 5-15-1996 by Ord. No. R-185]
When an establishment, business or licensee has had more than
two unsatisfactory ratings or two license suspensions within a two
year period of time, issued by the Hoboken Health Department, the
Health Officer may revoke and terminate such license. Any person aggrieved
by such action may petition a court of competent jurisdiction for
relief of such action.
[Amended 5-15-1996 by Ord. No. R-185]
A.
The Health Officer is hereby empowered to order a hearing for the
purposes of ensuring that all provisions of this chapter and all provisions
of the New Jersey State Sanitary Code which apply to said business,
establishment or licensee are met. The Health Officer shall notify,
in writing, said licensee stating the time, location and a brief reason
for the hearing. Once notified, the licensee shall comply with all
aspects of said order.
B.
Any person affected by any rule or order which has been issued in
connection with the enforcement of any provision of this chapter,
or of any rule or regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Health Officer,
provided that such person shall file in the office of the Health Officer
a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day that
notice was served. Upon receipt of such petition, the Health Officer
is hereby empowered to order a hearing and set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing, the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed, provided that, upon application of
the petitioner, the Health Officer may postpone the date of hearing
for a reasonable time beyond such 10 day period, if in his judgement
the petitioner has submitted a good and sufficient reason for such
postponement.
C.
After such hearing, the Health Officer shall sustain, modify or withdraw
the order or rule, depending upon his findings as to whether the provisions
of this chapter and of the rules, orders and regulations adopted pursuant
thereto have been complied with.
[Amended 5-3-1995 by Ord. No. R-125; 5-15-1996 by Ord. No. R-185; 9-7-2022 by Ord. No. B-481]
A.
It shall be the duty of any person engaged in the construction or renovation of any licensee pursuant to §§ 128-1, 128-5 and 128-8 or the demolition of any building, structure, commercial space or apartment in the City of Hoboken, public, private, commercial or otherwise, to first secure written permission from the Health Officer or his authorized agent before the commencement of said construction or renovation.
B.
No person or agency shall issue any permit for the purposes of construction,
renovation, or demolition unless prior written approval is issued
by the Health Officer.
C.
The Health Officer may cause an order stopping the construction,
renovation, or demolition in the event that any provision of this
chapter is not met and/or if in his judgment a public health nuisance
is occurring or may occur.
D.
The Health Officer is authorized to promulgate rules and orders as
may be necessary to ensure that a public health nuisance does not
occur.
E.
Inspection of construction, renovation, and demolition sites.
(1)
The Health Officer or his authorized agent shall be permitted to examine and inspect any business, facility, establishment or licensee listed under § 115-2 of this chapter or any building, structure, commercial space or apartment to be demolished as often as he deems necessary, before, during, or after construction, renovation, or demolition to ensure that a public health nuisance is not occurring or may not occur, and that any demolition complies with this section and permits which have been issued.
[Added 5-16-2018 by Ord.
No. B-29]
A.
All single-occupancy restrooms in any business establishment, place
of public accommodation, and City-owned building or facility shall
be designated as all-gender for individual, family, or assisted use.
This includes single-occupancy restrooms intended for use by City
employees or employees of a business or public accommodation.
B.
Existing business establishments, places of public accommodation,
and City facilities subject to this section shall have 60 days from
the effective date of this section to comply by replacing existing
gender-specific signage on the exterior of covered facilities with
signs that do not indicate a specific gender (such as signs that read
"restroom"). New businesses, places of public accommodation, and City
facilities shall be in compliance with this section immediately upon
opening to the public.
C.
During any inspection of a business or a place of public accommodation
by an inspector, building official, or other local official responsible
for code enforcement, the inspector or official may inspect for compliance
with this section.
D.
For the purposes of this section, "single-occupancy facility" and
"single-occupancy restroom" mean a toilet facility with only one toilet
in the facility, or a toilet and one urinal without a privacy stall
separating the two, with a locking mechanism controlled by the user
on the door to enter the single-occupancy facility.
[1]
Editor’s Note: Former § 115-10, Demolition of buildings,
as amended, was repealed 4-6-2016 by Ord. No. Z-408.
[Added 5-15-1996 by Ord. No. R-185]
All licensees, establishments, businesses and facilities shall
be operated in compliance with all provisions of this chapter and
any other regulation as per law.
[Added 5-15-1996 by Ord. No. R-185]
The Health Officer or his authorized agent shall inspect any
licensee, business, establishment, or facility as often as he deems
necessary.
[Added 5-15-1996 by Ord. No. R-185]
The person operating any licensee, establishment, business or
facility shall permit access to all parts of the licensee, establishment,
business or facility. No person shall unlawfully hinder, obstruct,
delay, resist, or prevent the Health Officer or his authorized agent
regarding inspections related to this chapter.
[Added 5-15-1996 by Ord. No. R-185]
A.
An inspection report shall be presented to the owner or person in
charge or in their absence, any employee of the establishment, licensee,
business or facility at the completion of each inspection.
B.
The most recent report shall be maintained by the operator of each
establishment, licensee, business or facility on the premises for
review by the public, upon request. Inspection reports and other applicable
records shall be maintained on the premises for review for a minimum
of two years.
[Added 5-15-1996 by Ord. No. R-185]
A.
Immediately upon conclusion of the inspection the Health Officer
or licensed sanitary inspector shall issue the evaluation of the establishment
and leave the original copy with the person in charge.
B.
Evaluations shall be as follows:
(1)
Satisfactory. The establishment is found to be operating in
substantial compliance with this chapter and personnel have demonstrated
that they are aware of and are practicing proper sanitation and safety
principles as outlined in this chapter.
(2)
Conditionally satisfactory. At the time of the inspection the
establishment was found not to be operating in substantial compliance
with this chapter and was in violation of one or more of the provisions
of this chapter. Due to the nature of these violations a reinspection
is scheduled. The reinspection shall be conducted at an unannounced
time and a full inspection must be conducted. Opportunity for reinspection
shall be offered within a reasonable time and determined by the nature
of the violation.
(3)
Unsatisfactory. Whenever an establishment, business, licensee or facility is operating in violation of this chapter, with one or more violations that constitute gross unsanitary or unsafe conditions which pose an imminent health hazard, the Health Officer or his authorized agent shall issue an unsatisfactory evaluation. The Health Officer or his authorized agent shall immediately request the person in charge to voluntarily cease operation until it is shown on reinspection that conditions which warrant an unsatisfactory evaluation no longer exists. If any person neglects or refuses to comply with a request to voluntarily cease operation of any establishment, facility or licensee delineated in § 115-2 of this chapter, the Health Officer shall institute an action pursuant to § 115-6 of this chapter. The Health Officer may, in appropriate situations, seek injunctive relief, at his or her discretion. Such action shall be effective immediately.
[Added 5-15-1996 by Ord. No. R-185]
Whenever an establishment, business, licensee or facility is constructed or renovated, and whenever a structure is converted for use pursuant to any licensee, facility, business or establishment delineated by § 115-2 hereof, or alterations are made that will significantly change the nature of the operation, plans and specifications pertaining to the sanitary nature of the establishment such as proposed equipment layout, equipment design and installation shall be submitted to the Health Officer or his authorized agent for review and approval before construction, renovations or conversion is begun. The Health Officer shall review these plans and respond accordingly within 30 days within the date of submission. No establishment, business, licensee or facility shall be constructed, renovated, or converted except in accordance with plans and specifications previously submitted to and approved by the Health Officer.
[Added 5-15-1996 by Ord. No. R-185]
Whenever plans or specifications are required to be submitted to the Health Officer by § 115-10.6 hereof, the Health Officer or his authorized agent shall inspect the licensee, business, facility or establishment prior to the start of operations to determine compliance with the requirements of this chapter and any other law which governs said licensee, business, facility or establishment.
[Added 5-15-1996 by Ord. No. R-185; amended 3-7-2012 by Ord. No.
Z-159]
A mobile retail vendor shall not park his vehicle or pushcart for a period longer than the time it takes to make a sale to a customer. Mobile retail food vendors shall at all times comply with Chapter 147 of the Hoboken City Code.
[Amended 5-15-1996 by Ord. No. R-185; 5-16-2007 by Ord. No. DR-310]
A.
Any person who shall violate any provision of this chapter or any
provision of any rule, or regulation or order promulgated by the Health
Officer pursuant to the authority granted by this chapter shall, upon
conviction, in the Municipal Court of Hoboken or other Court of competent
jurisdiction be punished by a fine of not less than $100 and not more
than $1,000 or community service for a period of not more than 90
days or imprisonment for a term not exceeding 90 days, and each day's
failure to comply with any provision, rule or order shall constitute
a separate and distinct offense.
B.
Any person who is convicted of violating § 115-11 within one year of the date of a previous violation of § 115-11 and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than $100 nor shall it exceed the maximum fine fixed for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section, as provided for by N.J.S.A. 40:69A-29.
All ordinances, codes or parts of the same inconsistent with
any of the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
In the event that any section, sentence or clause of this chapter
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.
[Added 7-12-1995 by Ord. No. R-130]
A.
Whenever, upon inspection, any licensee, facility or entity licensed under Chapter 128 of the Code of the City of Hoboken or listed in this chapter of the Code of the City of Hoboken or any licensee, facility or establishment defined in N.J.A.C. 8:24 (Retail Food Establishments) is issued an unsatisfactory or a conditional satisfactory rating by the local health authority which requires a reinspection, a reinspection fee of $150 for the first visit shall be paid directly to the local health authority. Additional subsequent inspections as a result of a business establishment failing to take corrective action to abate said violations will incur an additional penalty of $200 for a second reinspection fee and $350 for a third reinspection fee to abate said violations.
[Amended 12-5-2018 by Ord. No. B-82]
B.
Said fee shall be paid by the owner, owners, managers, management
agency or operator of any aforementioned licensee, facility or entity
listed above directly to the local health authority within seven business
days of notice of an unsatisfactory or conditional satisfactory rating.
C.
The Health Officer or his designee shall deposit said fee into a
bank account maintained exclusively for the collection of said fees.
D.
All aforementioned fees shall be used at the Health Officer's discretion
to subsidize the day-to-day operation of the health authority.
E.
The Health Officer, at his discretion, shall have the authority to
suspend or revoke the imposition of said fee for good cause.
F.
Any and all other applicable provisions and regulations, inclusive
of penalties, shall also apply.
