[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]
[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:
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.
[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]
[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.
