[HISTORY: Adopted by the Board of Chosen
Freeholders (now Board of County Commissioners) of Atlantic County
5-27-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Hotels, boardinghouses and rooming houses — See Ch. 81.
The full text of the Public Health Nuisance
Code of New Jersey (1953) is hereby adopted with related documents.
Said code with any related forms, in its entirety,
is on file in the office of the Clerk of the Board of County Commissioners
of Atlantic County, and in said Clerk's office there are at least
three copies of said code and related documents on file. Said documents
were on file upon introduction of this chapter and will remain on
file in said office for use and examination by the public.
This chapter and the code referred to herein
are adopted pursuant to the provisions of N.J.S.A. 40:41A-101b(6).
|
PUBLIC HEALTH NUISANCE CODE OF
|
|
NEW JERSEY (1953)
|
|
APPROVED BY THE NEW JERSEY STATE
|
|
DEPARTMENT OF HEALTH,
|
|
SEPTEMBER 16, 1953
|
|
SECTION I
|
|
Definitions as Used in This Code and Ordinance
|
|
1.1
|
Enforcing Officials shall mean and include the
Health Officer or other official authorized by the Board of Health
to enforce this Code and Ordinance.
|
|
1.2
|
Person shall mean and include an individual,
firm, corporation, association, society, partnership, and their agents
or employees.
|
|
SECTION II Nuisances Defined and Prohibited
| |
|
2.1
|
The following matters, things, conditions or
acts and each of them are hereby declared to be a nuisance and injurious
to the health of the inhabitants of this municipality:
|
|
(a)
|
Any matter, thing, condition or act which is
or may become detrimental or a menace to the health of the inhabitants
of this municipality.
|
|
(b)
|
Any matter, thing, condition or act which is
or may become an annoyance, or interfere with the comfort or general
well-being of the inhabitants of this municipality.
|
|
(c)
|
Pollution, or existence of a condition or conditions
which cause or threaten pollution, of any waters in this municipality
in such manner as to cause or threaten injury to any of the inhabitants
of this municipality either in their health, comfort or property.
|
|
(d)
|
The escape into the open air from any stack,
vent, chimney or any entrance to the open air, or from any fire into
the open air of such quantities of smoke, flyash, dust, fumes, vapors,
mists, or gases as to cause injury, detriment, or annoyance to the
inhabitants of this municipality or endanger their comfort, repose,
health or safety.
|
|
(e)
|
The growth, existence or presence of ragweed
on any plot of land, lot, highway, right-of-way or any other public
or private place.
|
|
(f)
|
The growth, existence or presence of poison
ivy within 20 feet of any property line.
|
|
(g)
|
The existence or presence of any water or other
liquid in which mosquito larvae breed or exist.
|
|
(h)
|
The existence or presence of any accumulation
of garbage, refuse, manure, or animal or vegetable matter which may
attract flies and to which flies may have access, or in which fly
larvae or pupae breed or exist.
|
|
(i)
|
Depositing, accumulating, or maintaining any
matter or thing which serves as food for insects or rodents and to
which they may have access or which serves or constitutes a breeding
place or harborage for insects or rodents in or on any land, premises,
building or other place.
|
|
2.2
|
It shall be unlawful for any person or persons
to commit, maintain or allow any nuisance, as declared and described
in this section.
|
|
SECTION III Proper Heating of Rental Units
[Amended 5-29-1984 by Ord. No. 9-1984] | |
|
3.1
|
It shall be unlawful for any person, partnership
or corporation acting as landlord or as agent for any landlord who
has agreed to supply heat to any building designed to be occupied
or occupied as a residence to fail to supply heat from the first day
of October in each year to the first day of May of the succeeding
year in such manner that the temperature of said building where one
or more persons reside shall always be kept at 68º F. or above
between the hours of 6:00 a.m. and 11:00 p.m. In no event shall the
temperature drop below 58º F. between the hours of 11:00 p.m.
and 6:00 a.m. It shall be unlawful for a person who has agreed to
supply heat as specified above to supply such heat through the use
of an unvented kerosene heater or through any other means not authorized
by the New Jersey State BOCA Code. Unvented kerosene heaters may be
used in an emergency only with the approval of the Atlantic County
Division of Public Health.
|
|
SECTION IV Prohibition of Certain Noises
or Sounds
| |
|
4.1
|
It shall be unlawful for any person to make,
cause or suffer or permit to be made or caused upon any premises owned,
occupied or controlled by him or her or it, or upon any public street,
alley or thoroughfare in this municipality, any unnecessary noises
or sounds by means of the human voice, or by any other means or methods
which are physically annoying to persons, or which are so harsh, or
so prolonged or unnatural, or unusual in their use, time and place
as to occasion physical discomfort, or which are injurious to the
lives, health, peace and comfort of the inhabitants of this municipality
or any number thereof.
|
|
SECTION V Prohibited Lease or Rental of
Certain Buildings
| |
|
5.1
|
It shall be unlawful for any person to rent,
lease or otherwise permit the occupancy of any building as a residence,
or for any person to reside in any building as its owner which:
|
|
(a)
|
is not adequately and properly ventilated,
or
|
|
(b)
|
fails to provide potable water at sufficient
pressure and quantity for each family unit from a public supply approved
by the State Department of Health or a private supply approved by
the Enforcing Official, or
|
|
(c)
|
does not have plumbing fixtures consisting of
a kitchen sink, bathtub or shower, lavatory and flush toilet, connected
to the potable water supply, or
|
|
(d)
|
does not have facilities for the discharge of
all household liquid wastes into a public sewerage system approved
by the State Department of Health, or into a private sewerage system
approved by the Enforcing Official.
|
|
SECTION VI Spitting Prohibited
| |
|
6.1
|
It shall be unlawful for any person to spit
upon any public sidewalk or upon any part of the interior or exterior
of any public building or public conveyance.
|
|
SECTION VII Inspection of Premises
| |
|
7.1
|
All places and premises in this municipality
shall be subject to inspection by the Board of Health or the Enforcing
Official if the Board or that Official has reason to believe that
any Section of this Code is being violated.
|
|
7.2
|
It shall be unlawful for any person to hinder,
obstruct, delay, resist or prevent the Board of Health or the Enforcing
Official from having full access to any place or premises upon which
a violation of this code is believed to exist.
|
|
SECTION VIII Abatement of Nuisances
| |
|
8.1
|
Whenever a nuisance as declared by Section II
of this Code is found on any plot of land, lot, right-of-way or any
other private premises or place, notice in writing shall be given
to the owner thereof to remove or abate the same within such time
as shall be specified therein but not less than five days from the
date of service thereof. A duplicate of the notice shall be left with
one or more of the tenants or occupants of the premises or place.
If the owner resides out of the state or cannot be so notified speedily,
such notice shall be left at that place or premises with the tenant
or occupant thereof, or posted on the premises and such action shall
be considered proper notification to the owner, tenant or occupant
thereof.
|
|
8.2
|
Whenever a nuisance as declared by Section II
of this Code is found on any public property or on any highway or
any other public premises or place, notice in writing shall be given
to the person in charge thereof to remove or abate the same within
such time as shall be specified therein. If such person fails to comply
with such notice within the time specified therein, the Board of Health
may remove or abate such nuisance in the manner as hereinafter provided
in the case of a like condition existing on a private premises or
place.
|
|
8.3
|
If the owner, tenant or occupant upon being
notified as provided by this Section shall not comply with such notice
within the time specified therein and fails to remove or abate such
nuisance, the Board of Health shall proceed to abate the nuisance
or may cause it to be removed or abated in a summary manner by such
means as said Board shall deem proper.
|
|
SECTION IX Recovery of Costs
by Board of Health
| |
|
9.1
|
The Board of Health may institute an action
at law to recover costs incurred by it in the removal or abatement
of any nuisance as declared by Section II of this Code from any person
who shall have caused or allowed such nuisance to exist, or from any
owner, tenant, or occupant of premises who, after notice and notification
as herein provided, shall fail to remove and abate the same within
the time specified in such notice.
|
|
SECTION X
| |
|
10.1
|
The provisions of this Code shall be enforced
by the Board of Health or its Enforcing Official.
|
|
SECTION XI Violations and Penalties
[Added 7-3-2001 by Ord. No. 14-2001] | |
|
11.1
|
Any person violating the provisions herein shall,
upon conviction thereof before a Judge having jurisdiction, pay a
penalty of not less than $100 nor more than $500 for each offense.
|
