[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]
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.
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.
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.
Shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
tractor-trailers, construction equipment and farm machinery.
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:
[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.
