[Added 10-3-2002 by Ord. No. 2002-4]
A.
The Board of Health of the Borough of East Rutherford,
Bergen County, New Jersey, has determined that there is a need to
regulate the location, construction, maintenance, method of emptying
or cleaning and the frequency of cleaning of temporary toilet facilities.
B.
The purpose of this article is to provide rules and
regulations for the location, construction and maintenance of temporary
toilet facilities in order to protect the public interest and health,
safety and welfare of the residents of the Borough of East Rutherford.
The following definitions shall apply to this
article:
The person or persons designated by the Borough of East Rutherford,
the County of Bergen or the State of New Jersey to inspect facilities
within the Borough of East Rutherford for adherence to the rules,
regulations, codes, ordinances or any other requirements promulgated
by the Borough of East Rutherford, County of Bergen, State of New
Jersey and/or the United States of America with regard to the health,
safety and welfare of the residents of the Borough of East Rutherford.
A portable watertight chemical vault used by the public for
outings, picnics, bazaars, or by contractors and their workmen at
a construction site.
No person, firm, partnership, corporation, association
or organization of any kind (hereinafter collectively referred to
as "person") shall construct or install any temporary toilet facility
upon any property with the Borough of East Rutherford without first
obtaining a permit issued by the Health Officer, or his designee,
as provided herein.
The fee for each temporary toilet facility shall
be $25. If the fee is not payable at the beginning of the calendar
year in which the permit is issued, the license shall apply only to
the balance of the calendar year during which the fee is so paid or
payable. If a temporary toilet facility is removed from a site and
is then returned to that site, even though it is returned during the
same calendar year, then a new license fee shall be required.
A.
Before any temporary toilet facility shall be placed
upon any property with the Borough, the person desiring to construct
or install the temporary toilet facility shall make an application
for a permit in writing to the Board of Health. The application shall
contain or have attached thereto the following:
(1)
The name, residence or building address and telephone
number of the applicant.
(2)
The name, address and telephone number of the property
owner, if other than the applicant, together with the written consent
of the property owner to the application.
(3)
The name of the company or firm supplying the temporary
toilet facility, the frequency of emptying and/or cleaning of the
facility, the number of facilities and the proposed location of each
on the property, and the date the temporary toilet facility will be
removed from the property.
B.
The Health Officer, or his designees, will review
the application for completeness and compliance with the terms of
this article. The application shall be forwarded to the Zoning Officer
for review of the proposed location of the temporary toilet facility
and compliance with the setback requirements, after which the applications
shall be returned to the Health Officer. If the application is deemed
complete by the Health Officer, or his designee, and complies with
the terms of this article, a permit shall be issued. If the application
is not completed, or does not comply with the terms of this article,
the Health Officer shall so notify the applicant within five business
days of the submission of the application.
The following rules and regulations shall apply
for any application for temporary toilet facilities:
A.
No permit shall be issued unless the applicant shall
demonstrate that the temporary toilet facility contains a locking
device suitable to secure the facility and prohibit entry when it
is not in use.
B.
Temporary toilet facilities located on construction
sites shall be locked in order to prohibit entry between the hours
of 6:00 p.m. and 7:00 a.m. the following day and at all other times
when there is no construction activity on the site.
C.
Each temporary toilet facility must be maintained
in a sanitary condition so as not to create foul odors, attract flies
or other insects, or otherwise create a public health nuisance.
D.
Temporary toilet facilitates located on construction
sites for more than 30 days shall be located and screened so that
the facility shall not be visible from the center line of any street
adjacent to the property.
F.
No permit for a temporary toilet facility shall be
issued for a period of more than one year.
Any permit issued pursuant to this article may
be revoked by the Board of Health at any time if the applicant or
owner of the property on which the temporary toilet facility is located
maintains the facility in violation of the State Sanitary Code or
any ordinance or rule of the Board of Health.
The Health Department of the Borough of East
Rutherford, County of Bergen and/or the State of New Jersey are authorized
to administer the provisions of this article. The provisions of this
article shall be enforced by the Health Officer, or his designee,
or the Code Enforcement Officer of the Borough of East Rutherford.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
