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Borough of Roosevelt, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted by the Board of Health 4-20-1955 by Ord. No. H-2]
[New]
A Code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing Health Official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Borough in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to Chapter 188, Laws of 1950, with the exception of Sections 2.1(a) and 2.1(b) of said Code which are not adopted herein. A copy of said Code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The said Code established and adopted by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
Three copies of the "Public Health Nuisance Code of New Jersey (1953)" have been placed on file in the office of the Health Officer and shall remain on file there for the use and examination of the public.
[New]
Unless otherwise provided by law, any person who violates, or neglects to comply with any provision of this Section or the Code established herein or notice issued pursuant thereto, shall upon conviction thereof, be liable to a penalty as stated in Chapter 1, Section 1-5 for each violation.
[Adopted by the Board of Health 4-20-1955 by Ord. No. H-3]
[New]
The rules of the New Jersey Department of Environmental Protection relating to individual sewage disposal systems and minimum standards as provided in N.J.A.C. 7:9A shall apply in the Borough of Roosevelt.
[New]
a. 
Locate, Construct or Alter a System.
1. 
No person shall locate, construct or alter any individual sewage disposal system until a permit for the location, construction or alteration of said sewage disposal system shall have been issued by the Health Officer.
2. 
The Health Officer may issue a permit if an application for the same is accompanied by a certificate made by an engineer licensed to practice professional engineering in New Jersey stating that the design of the individual sewage disposal system as proposed is in compliance with the standards in N.J.A.C. 7:9A.
b. 
New Systems.
1. 
New individual disposal systems shall not be placed in operation, nor shall new dwellings or buildings of additions thereto be sold or occupied, which must rely on such a system for sewage disposal, until the Health Officer shall have issued a certificate indicating that said disposal system has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid standards. Issuance of such a certificate shall not be required for alteration to an existing individual sewage disposal system.
2. 
The Health Officer may issue such a certificate if an engineer licensed to practice professional engineering in New Jersey submits a statement in writing signed by him to the Health Officer that the said disposal system has been located and constructed in accordance with the terms of the permit issued and the requirements of the aforesaid standards.
c. 
Business Permit to Empty or Clean System.
1. 
Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools, privies or any place used for the reception or storage of human excrement who do not hold a license to engage in such business issued by the Health Officer. Such license shall be valid for a period of one year from the date of issuance but may be renewed by the Health Officer. Said license may be revoked for failure of the licensee to comply with the provisions of the standards or any rule or ordinance.
d. 
Permit to Empty Tank. The contents of any septic tank, cesspool, privy or other receptacle containing human excrement shall not be removed until a permit for such removal has been obtained from the Health Officer.
[New]
In case any permit or certificate required by this section is denied by the Health Officer, a hearing shall be held thereon before the Monmouth County Board of Health within 15 days after request therefor is made by the applicant and upon such a hearing the Monmouth County Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days after the date of such a hearing.
[New]
The Health Officer may order all further work in and about any individual sewage disposal system, which is being erected or installed in violation of the Standards, to be stopped forthwith, except such work as shall be necessary to remedy such violation and, thereafter, the work continued without any violation of any of the provisions of the standards adopted in N.J.A.C. 7:9A, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of any such disposal system, or any part thereof, no further work shall be done thereon except as aforesaid.
The following fees and charges are herewith established:
a. 
For the filing of an application and plans for a permit to locate and construct an individual sewage disposal system: $2.
b. 
For the filing of an application and plans for a permit to alter an existing individual sewage disposal system: $2.
c. 
For the issuance of a permit to locate and construct or alter an individual sewage disposal system, no fee.
d. 
For each reinspection of an individual disposal system, or any part thereof, caused by the failure of the permittee to locate and construct or alter the same in accordance with the terms of the permit issued or the terms of the aforesaid Standards, an inspection fee of $5 shall be charged.
e. 
For the issuance or renewal of a license to a person or corporation engaged in the business of cleaning or emptying receptacles for the reception and storage of human excrement or other putrescible matter: $2 for each vehicle or conveyance.
f. 
For the issuance of a permit to clean or empty any receptacle used for the reception or storage of human excrement or other putrescible matter: $2.
[New]
a. 
Except as provided by law, any person or persons, firm or corporation violating any of the provisions of or any order promulgated under this section or the Standards adopted in N.J.A.C. 7:9A made a part hereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5, for each violation.
b. 
Each day a particular violation continues shall constitute a separate offense.
[Adopted by the Board of Health 9-3-1958 by Ord. No. H-4]
[New]
The sanitary and safety regulations for public recreational bathing places as established by the New Jersey Department of Health as provided in N.J.A.C. 8:26 shall apply in the Borough of Roosevelt.
[New]
No persons shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by the Health Officer.
The following fees and charges are herewith established:
a. 
For the issuance of a permit to locate and construct a swimming pool: $2.
b. 
For the issuance of a permit to alter a swimming pool: $2.
c. 
For the issuance or renewal of a permit to operate a swimming pool: $2.
Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year and application for renewal thereof shall be submitted together with the required fee prior to March 31 of each year.
[New]
Permits required by this section or regulations referenced herein may be denied or suspended by the Health Officer for failure to comply with this chapter or the regulations in N.J.A.C. 8:26.
The Monmouth County Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing; and following this to be informed of the Board's decision.
[New]
a. 
Unless otherwise provided by law, any person or persons, firm or corporation violating any of the provisions of this section or the regulations of N.J.A.C. 8:26 made a part hereof shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5, for each violation.
b. 
Each day a particular violation continues shall constitute a separate offense.
[Adopted by the Board of Health 3-3-1960 by Ord. No. H-5]
A Code regulating the manner in which refuse may be stored, collected and disposed of; declaring and defining certain conditions as nuisances; fixing the responsibilities and duties of persons storing, collecting and/or disposing of refuse and providing for the issuance of permits to collect refuse is hereby established pursuant to the provisions of Chapter 188, P.L. 1950. A copy of said Code is annexed hereto and made a part hereof without the inclusion of the text thereof herein.
The Code established and adopted by this chapter is described and commonly known as the "Solid Waste Code of New Jersey (1959)."
Three copies of the "Solid Waste Code of New Jersey (1959)" have been placed on file in the office of the Secretary of the Board of Health and shall remain on file for the use and examination of the public.
Persons engaged in the business of collecting and/or disposing of solid waste shall annually secure from the Health Officer a license to carry on such a business, the fee for which shall be $10 for each vehicle used to collect refuse. Such license shall expire on the last day of December of each year.
[New]
Any person who violates any provision of, or order promulgated under this section or the Code established herein shall, upon conviction thereof, be liable to a penalty as stated in Chapter 1, Section 1-5. Each day a particular violation continues shall constitute a separate offense.
[Adopted by the Board of Health 3-3-1965 by Ord. No. H-6]
It shall be unlawful in any residential zone as set forth and defined in the Zoning Ordinance of the Borough of Roosevelt, to store, or permit or suffer to be stored, upon any lands any machinery or building materials which is not in contemplation of immediate use in the construction, repair or remodeling of any house, building or other structure on said lands.
It shall be unlawful within the Borough of Roosevelt to store, or permit or suffer to be stored upon any lands any automobile or other automotive machinery, equipment or parts or part thereof which is not capable of being used or operated, unless such automobile or other automotive machinery, equipment or parts or part thereof is garaged and closed in.
Any automobile or other automotive machinery, equipment or parts or part thereof which is not capable of being used or operated shall be deemed to be any automobile which cannot be moved under its own power from place to place upon any public highway.
The words "store" or "stored" shall be deemed to mean the keeping of an automobile or other automotive machinery, equipment or parts or part thereof upon any lands for a period of more than 15 days.
[New]
Any person who violates any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day that any violation of the section occurs, or is allowed to continue after occurring, shall constitute a different offense, subjecting the violator upon conviction thereof to a fine as above stated or to a term of imprisonment, or both as above stated for each offense.
[Ord. No. 16-001 § 1]
a. 
Adoption By Reference. A Code regulating retail food establishments and food and beverage vending machines and fixing penalties for violations is hereby established. In accordance with N.J.S.A. 26:3 - 69.1 et seq. a copy of the Code is incorporated herein and made a part hereof without the inclusion of its text.
b. 
Title of Code. The Code established and adopted by this section, by reference, is described and commonly known as "The New Jersey State Sanitary Code, Chapter XII, Retail Food Establishments and Food and Beverage Vending Machines" (1993) as hereafter may be amended by the State of New Jersey. The Code is set forth in the New Jersey Administrative Code and is cited as follows: N.J.A.C. 8:24 - 1.1 et seq. The Code is also commonly referred to as Chapter XII of the State Sanitary Code or as the "Retail Food Establishments and Food and Beverage Vending Machines Code".
c. 
Public Record. Three copies of Chapter XII of the New Jersey State Sanitary Code have been placed on file in the Office of Borough Clerk and will remain on file for the use and examination of the public.
[Ord. No. 16-001 § 2]
a. 
License Required; Issuance of License. No person shall operate a retail food establishment without a license from the Borough. The license shall be prominently displayed in the place of business. Applications for licenses shall be submitted at Borough Hall, together with the fee set forth in subsection 25-6.4. Applications shall be submitted as follows:
1. 
Temporary Food Establishments. Not less than 20 days prior to the proposed date of operation.
2. 
All Other Applications. On or before January 1 of the year for which the application is made.
3. 
New applications may be made at any time during the year upon payment of the full annual fee.
4. 
All licenses issued under paragraphs 2 and 3 shall expire on January 1 of the year following the year of issuance, or upon transfer of ownership or operation of a licensed premises, whichever comes first.
b. 
Suspension and Revocation of License.
1. 
A license issued under the terms and provisions of this section may be suspended or revoked by the Health Officer for a violation by the licensee of any State Sanitary Code which is by its terms applicable thereto or for a violation of any law of the United States, the State of New Jersey, or any ordinance of the Borough.
2. 
A license issued under this section shall not be revoked, cancelled or suspended until a hearing is held by the Health Officer. Written notice of the time and place of the hearing shall be served on the licensee at least 10 days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending the license. Service shall be deemed effected either upon personal delivery to the person to be notified, or upon deposit in the United States Post Office in a sealed envelope, postage prepaid, addressed to the person to be notified at the business address appearing on the license. At the hearing before the Health Officer, the person aggrieved shall have an opportunity to answer and thereafter be heard, and upon due consideration and deliberation by the Health Officer, the complaint may be dismissed; or if the Health Officer concludes that the charges have been sustained and substantiated, the Health Officer may revoke, cancel or suspend the license in question.
3. 
Following such hearing by the Health Officer, the license holder shall have the right of appeal to the Governing Body. An appeal shall be taken by filing written notice with the Health Officer within five days after the receipt of a written order following a hearing by the Health Officer.
4. 
The Governing Body shall hear such appeal de novo within 30 days from the date of filing the notice of appeal.
[Ord. No. 16-001 § 3]
As a condition to the issuance of a license and as a condition to the renewal of any such license, the applicant or licensee shall be required to establish, by written certification, that the person in charge of the retail food establishment has attended a Food Service Employee's Education Course. New establishments may be granted a six-month grace period in which to comply with the requirement at the discretion of the Health Officer.
"Person in charge" means the proprietor, manager, assistant manager or other person with authority and responsibility for the daily operation of a retail food establishment. In the event of a personnel change resulting in the employment of a new "person in charge", it shall be the responsibility of the licensee to immediately notify the Health Officer and make appropriate arrangements for attendance at an approved course, or to produce satisfactory certification of prior attendance at an approved course.
Retail food establishments which handle only pre-packaged, non-potentially hazardous foods as defined in Chapter XII of the State Sanitary Code will be exempt from the requirement to attend said course at the discretion of the Health Officer.
[Ord. No. 16-001 § 4]
The fees for the review and licensing of food establishments and business are hereby fixed as follows:
a.
Retail food establishments including restaurants
Square Feet
Annual Fee
0 to 3,500
$175
3,501 to 5,000
$225
5,001 to 10,000
$375
over 10,000
$475
b.
Agricultural establishments
$75
c.
Pre-packaged products only
$50
d.
Itinerant food vendor
$75
e.
Liquor stores
$75
f.
Temporary food establishment (per day)
$35
g.
Plan review fee for new or renovated retail food establishments
Square Feet of New or Renovated Areas
Plan Review Fee
0 to 400
$75
401 to 800
$150
over 800
$250
[Ord. No. 16-001 § 5]
a. 
License Required. It shall be unlawful for any person, whether as principal or agent, clerk or employee either individually or for any other person, or for any corporation or entity to engage in the operation of or maintain or permit on or in any location in the Borough one or more machines or devices offered for public use which, upon insertion of a coin, coins or token, or by other means dispenses unit servings of food or beverages, either in bulk or package, without the necessity of replenishing the devices between each vending operation, without first having applied to and procured a permit from the Borough and displaying the permit in a prominent location and without complying with any and all of the provisions of Chapter XII of the State Sanitary Code as adopted or amended.
b. 
Fees and Licensing for Food and Beverage Vending Machines.
1. 
The license fee for each food and beverage vending machine shall be $40 per year.
2. 
All license and permit fees for food and beverage vending machines shall be paid on or before July 1st of each year.
3. 
All permits and licenses issued under this subsection shall expire on June 30th of each year.
4. 
Fees shall not be required for any food or beverage vending machines owned and operated by any public school, church or other religious organization, or any other nonprofit corporation or association operating within the Borough. Proof of nonprofit (i.e., proof of federal designation as a 501 (c)(3) organization) status may be required prior to issuance of a license and permit.
5. 
New or additional food or beverage vending machines installed during the year shall require payment of the full annual fee.
c. 
Applicability of Chapter XII of the State Sanitary Code. All procedures in connection with the issuance of licenses shall be made in conformity with the provisions of Chapter XII of the State Sanitary Code, as adopted or amended. Licenses and permits are non-transferable.
d. 
Suspension of Vending Machine License. Licenses issued under authority of this Ordinance may be suspended, revoked, or reinstated by the Borough pursuant to the provisions of Chapter XII of the State Sanitary Code as adopted or amended by the Borough.
e. 
Inspections. The Health Officer shall supervise and arrange such inspections of vending machines and maintain such records as are required by Chapter XII of the State Sanitary Code and any other applicable law or regulation.
[Ord. No. 16-001 § 6]
If any license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the Borough unless the application for such license shall be approved by the Governing Body.
[Ord. No. 16-001 § 7]
No license for a retail food establishment shall be issued until the Borough Clerk is in receipt of a certification from the Tax Collector that all real property taxes and assessments pertaining to the property on which the retail food establishment is located are current and that no such taxes or assessments are then due and owing.