Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
The power to adopt a Public Health Nuisance Code is found in R.S. 26:3-69.1, et seq.
[Ord. 6/6/58, § 1]
A Code defining and prohibiting certain matters, things, conditions or acts 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. A copy of the Code is made a part hereof without the inclusion of the text.
[Ord. 6/6/58, § 2]
The Code established and adopted by this section is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
[Ord. 6/6/58, § 3]
Three (3) copies of the "Public Health Nuisance Code of New Jersey (1953)" have been placed on file in the office of the City Clerk and in the Health Offices of the local Board of Health and will remain on file there for the use and examination of the public.
[1]
The power to adopt a Retail Food Establishment Code is found in R.S. 26:3-69.1, et seq.
[Ord. #2-1958, § 1]
A Code regulating retail food handling establishments, providing for the inspection of such establishments and fixing penalties for violations is established pursuant to 26:3-69.1 to 69.6. A copy of the Code is made a part hereof without the inclusion of the text.
[Ord. #2-1958, § 2]
The Code established and adopted by this Chapter is described and commonly known as the "Retail Food Handling Establishment Code of New Jersey (1952)."
[Ord. #2-1958, § 3]
Three (3) copies of the "Retail Food Handling Establishment Code of New Jersey (1952)" have been placed on file in the office of the City Clerk and the Health Offices of this local Board of Health and will remain on file there for the use and examination of the public.
[Ord. #1125, § 1]
The Code entitled Swimming Pool Code of New Jersey, 1970, is made a part hereof and is hereby adopted without alteration.
[Ord. #1125, § 2]
Three (3) copies of the Code have been placed on file in the Office of the City Clerk for use of the public.
[Ord. #90-26, § 1]
The ground water underlying Ocean City is a source of existing and future potable water supply. Accidental spills or discharge of hazardous materials could threaten the quality of such ground water supplies, posing potential public health and safety hazards and threatening economic loss to the community. It is in the best interest of Ocean City to assure the efficient and timely clean-up of any spill or discharge of hazardous material. It is the purpose of this section to authorize Ocean City under certain circumstances not inconsistent with State or Federal regulations, to provide for the clean-up of accidental spills or discharge of hazardous material. It is the further purpose of this section to provide a mechanism for the replacement or reimbursement to Ocean City of any and all costs for labor, or materials incurred to clean up any leak, spill, or discharge of hazardous materials.
[Ord. #90-26, § 2]
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous materials into the waters or lands within the City of Ocean City or waters outside the City of Ocean City when damage may result to the lands, waters, or natural resources of the City of Ocean City.
EXPENDABLE ITEMS
Shall mean any items used to extinguish any fire or stop or contain any discharge involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, or discharge. These include but are not restricted to firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS MATERIAL
Shall mean any element or compound, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection, and which shall be consistent to the maximum extent possible with, and which shall include, a list of hazardous substances adopted by the Federal Environmental Protection Agency pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 as amended by the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.) and the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of that Act; provided, however, that sewage and sewage sludge shall not be considered as hazardous materials for the purpose of this section.
VEHICLE
Shall mean any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
VESSEL
Shall mean any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
[Ord. #90-26, § 3]
The following persons shall be responsible to reimburse the City of Ocean City for any and all money or resources necessary to replenish or resupply expendable items under the following conditions:
a. 
The owner or operator of any vehicle responsible for any fire or discharge of hazardous materials.
b. 
The owner or persons responsible for any vessel containing hazardous materials involved in any fire or discharge upon public or private property whether stationary or transit.
c. 
The owner or persons responsible for any property from which any discharge of hazardous material emanates, including by fire. This liability shall be concurrent with those liabilities imposed by subsection 28-4.3 paragraphs a and b above.
[Ord. #90-26, § 4]
Any person responsible for any fire or discharge involving a hazardous material must reimburse Ocean City any and all costs incurred by Ocean City to provide services rendered to clean or remove said hazardous material. Those services shall include but not be limited to, services provided by agents, servants or employees of Ocean City, recovery companies, towing companies, other agencies or entities reasonably required by Ocean City to respond to or assist in, the clean up of the hazardous material.
[Ord. #90-26, § 5]
In the event the Ocean City incurs expenses pursuant to subsections 28-4.3 and 28-4.4 above, it shall within a reasonable time, submit to the person responsible for reimbursement pursuant to subsections 28-4.3 and 28-4.4 above, a bill which shall itemize the cost or expenses to be reimbursed. The bill shall be forwarded to said person by regular mail, return receipt requested. Within thirty (30) days receipt of said bill, the person responsible shall reimburse the City those amounts set forth in the bill.
[Ord. #90-26, § 6]
In the event that soil contaminated by a discharge from an underground vessel is required to be temporarily stored above ground prior to its removal from the site, the owner and operator of the site from which the soil has been removed shall provide from said removal as follows:
a. 
Within seven (7) days of the removal of the soil, and its storage above ground, the owner or operator shall cause the soil to be tested pursuant to appropriate regulations of the State of New Jersey, Department of Environmental Protection. The owner or operator shall supply the City of Ocean City through its designated official, a copy of the application or other documents requesting the soil analysis.
b. 
Upon receipt of the soil analysis, the owner or operator shall within seventy-two (72) hours advise the State of New Jersey, Department of Environmental Protection of its results. A copy of the notice forwarded to the Department of Environmental Protection shall also be forwarded to the City of Ocean City.
c. 
Following the completion of any analysis undertaken by the State Department of Environmental Protection, the owner or operator shall cause the soil to be removed pursuant to appropriate rules and regulations of the State of New Jersey, Department of Environmental Protection. Said removal shall be done within thirty (30) days of the completion of any review by the Department of Environmental Protection.
d. 
Prior to the removal of any soil, it shall be completely covered with plastic or other materials to prevent it from being blown by the wind.
[Ord. #90-26, § 7]
Any person violating the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars, or imprisonment, not to exceed six (6) months or both. Each and every day after the forty-five (45) days set forth in subsection 28-4.5 above shall be deemed a separate offense for purposes of imposition of the fine.