Municiple Code of Bridgewater Township

Chapter 170: SANITATION

[HISTORY: Adopted by the Board of Health Editor's Note: Under the present form of Township government there is no longer a Board of Health. The legislative functions of the Board of Health are now performed by the Township Council. of the Township of Bridgewater 5-21-1951. Amendments noted where applicable.]

GENERAL REFERENCES
Licenses and permits —  See Ch. 129.
Licensing of retail food establishments —  See Ch 165.
Food and beverage vending machines —  See Ch. 208.

ARTICLE I Title; Definitions; Administration

§ 170-1. Title.

This chapter and all ordinances supplementary thereto or amendatory thereof shall be known and designated as the "Sanitary Code of the Township of Bridgewater."

§ 170-2. Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH or BOARD — The Board of Health of the Township of Bridgewater, in the County of Somerset.
COMMUNICABLE DISEASE — Any disease in which the causative agent may be transmitted from person to person, from animal to person or from animal to animal, by direct or indirect means.
ENFORCEMENT OFFICER — The Sanitary Inspector of the Township of Bridgewater appointed by the Board of Health of said Township. If and when a Health Officer is appointed by said Board, said words shall mean such Health Officer.
ISOLATION — The placing apart of persons or animals affected with or exposed to or suspected of being affected with or exposed to a communicable disease, for the purposes of preventing contact with other persons and animals, and the establishment of restrictions directly surrounding such persons or animals.
PERSON — Includes corporations, companies, associations, societies, firms, partnerships, joint-stock companies and political subdivisions, as well as individuals.
PUBLIC EATING ESTABLISHMENT — Restaurant, coffee shop, cafeteria, short-order cafe, diner, luncheonette, tavern, sandwich stand, soda fountain and all other eating and drinking establishments.
SALE — Every delivery whether the same be by direct sale or the solicitation or acceptance of an order and including exchange, barter, traffic in, keeping and exposing for sale, serving with meals, delivering for value, peddling, possessing with intent to sell and gratuitous delivery or gift by any person.
TOWNSHIP — The Township of Bridgewater in the County of Somerset.
B. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing.

§ 170-3. Right of entry.

The Board of Health and its members, agents or employees shall have the right to enter into and upon any premises, public or private, building or vehicle for the purpose of enforcing the provisions of this Sanitary Code and the health laws and regulations of the State of New Jersey or to determine whether such provisions or rules and regulations are being complied with or obeyed. No person shall oppose such entry or hinder or interfere with the Board of Health or any of its members, agents or employees in the performance of their duty.

§ 170-4. Permits and licenses.

A. Issuance. All applications for licenses or permits required by this chapter or any supplements thereto or amendments thereof, except where otherwise specifically provided, shall be made to the office of the Board of Health and shall be in such form and detail as the Board shall prescribe. Upon filing of such an application and the payment of the fee prescribed herein, the enforcement officer is authorized to issue a license or permit to the applicant, provided that he has complied with all the requirements and the relevant rules and regulations provided in this chapter.
B. Revocation. In the event of the violation of any of the provisions of this chapter or of the relevant rules and regulations provided herein, a license or permit issued pursuant to this chapter may be revoked after a hearing before the Board of Health, upon charges filed with the Board and a time fixed for the hearing, of which hearing the holder of the license or permit shall have at least one week's notice by mail, addressed to the address of the holder of the license or permit as the same appears upon the aforesaid application. The penalty of revocation provided in this subsection shall be in addition to any other penalties provided for violation of this chapter or any other ordinance of the Board. No person shall operate any business or conduct any activity for which a license or permit is required by this chapter or the amendments thereof or supplements thereto after revocation thereof or during the period of suspension thereof, as hereinafter provided,
C. Suspension. In the event of the violation by the holder of a license or permit of any of the provisions of this chapter or of the relevant rules and regulations provided therein, where the effect of such violation is such as to constitute a hazard or injury to public health, the enforcement officer is authorized to suspend the license or permit pending the hearing before the Board of Health provided in Subsection B of this section. In the event of such suspension the enforcement officer shall, within 24 hours after notice of suspension, give to the holder of such license or permit an opportunity for hearing before him and to present such evidence as may be desired concerning such violation. After hearing, the enforcement officer may continue or discharge such suspension, but if continued, an early hearing shall be provided by the Board.
D. Display. All permits or licenses shall be prominently displayed upon the premises for which they were issued. Upon each and every vehicle or device used in the business for which a license or permit is required, there shall be displayed at all times in plain sight, on the left side or rear of said vehicle or device, such current license or permit sign as may be provided by the Board.
E. Exhibit upon demand. Every holder of a license or permit shall exhibit same upon demand to any member of the Board, the enforcement officer or any other authorized representative of this Board or any peace officer of this municipality.

ARTICLE II Nuisances

§ 170-5. Nuisances specified.

Any thing, condition or act which is or may become injurious or hazardous to public health is hereby declared to be and is defined as a nuisance. The following specific things, conditions and acts are, each and all of them, also hereby declared to be and are defined as nuisances:

A. Garbage and excrement: depositing, maintaining or permitting to be maintained or to accumulate upon any public or private property any household wastewater, sewage, garbage, tin cans, offal or excrement, any decaying fruit, vegetables, fish, meat or bones, any oyster or clam shells, any dead animals or any foul, putrid or obnoxious liquid or substance.
B. Mosquito larvae: any water or liquid in which mosquito larvae may or do exist.
C. Fly larvae: any accumulation of manure or animal or vegetable matter in which fly larvae or pupae exist.
D. Spitting: spitting upon any public sidewalk or crossing or upon the floor or any part of any building or public conveyance.
E. Garbage containers: any container or utensil in which garbage, offal, scraps, waste food and any other putrescible material is held in or upon any premises and which is not watertight, tightly covered and so kept at all times to exclude flies, rodents and vermin, or from which the contents thereof are not completely removed from the premises at least once in each week.
F. Wells: any well or other supply of water used for drinking or household purposes which is polluted or which is so situated or constructed that it may become polluted.
G. Plumbing: any leaking, unclean or filthy sink or water closet, urinal or other plumbing fixture or any such plumbing fixture which does not comply with the Plumbing Code of the Township Editor's Note: See Ch. 62, Building Construction, for provisions pertaining to the plumbing subcode promulgated by the state pursuant to N.J.S.A. 52:27D-119 et seq. in any building used or occupied by human beings.
H. Emission of smoke: emission from any premises of any smoke, gases, soot, stench or other substance in quantity or strength sufficient to cause injury or hazard to health.
I. Chimneys, stacks, pipes and flues: any chimney, smokestack, pipe or flue, or any part thereof or any connection therewith, that is so defective or out of repair as to allow coal gas or other noxious fumes to escape into the building; any gas pipe or other fixture that allows illuminating gas to escape into the building.
J. Hydrocyanic acid gas: the use of hydrocyanic acid gas or any product of cyanogen or any other substance poisonous to animal life or human beings for fumigating or disinfecting any structure or premises in the Township without first having obtained a permit so to do from the Board of Health.
K. Common drinking cup: any common drinking cup or utensil in any park, playground, railroad station, theater, school, club, boardinghouse, public hall, amusement ground, public washroom or lavatory or in any place where a number of people congregate or are employed.
L. Common towel: any common towel for use by more than one person without intermediate laundering, except roller towels which can be mechanically adjusted for individual use, in any park, playground, railroad station, theater, school club, boardinghouse, public hall, amusement ground, public washroom or lavatory or in any place where a number of people congregate or are employed.
M. Vehicles: maintaining any vehicle, used for hire or for the transportation of the public, in a dirty or unsanitary condition.
N. Manure: maintaining any manure pit, box or other receptacle within 30 feet of any dwelling or without a tight-fitting cover or without having the contents thereof completely removed at least once each week.
O. Animals: the keeping of any animal or animals under unsanitary conditions; or the housing of horses, cattle, swine, sheep or fowl in any building used as a habitation for human beings or within 50 feet from the nearest outside wall thereof.
P. Transportation of garbage, swill or offal: the conveying of garbage, swill or offal through or along any street within the Township, except in watertight metal or metal-lined receptacles with tightly fitting covers of like material, which said receptacles shall be kept tightly covered at all times when in the Township, except while being loaded or unloaded.

§ 170-6. Nuisances prohibited.

No person shall create, commit, maintain or suffer to be created, committed or maintained any nuisance as defined in the foregoing section of this chapter.

ARTICLE III Communicable Diseases

§ 170-7. Reporting by physicians.

Every physician, within 12 hours after his first professional attendance upon any person affected with or whom he suspects to be affected with any communicable disease, shall file with the Board of Health a written report, signed by the physician, giving the name, age, disease and the precise location of the person so affected.

§ 170-8. Reporting by house owner or householder.

Every house owner or householder who has reason to believe that any person living, dwelling or being in any building under his control is affected with any communicable disease shall, when no physician has professionally attended the sick person, within 12 hours after discovering the same, report the fact in writing to the Board of Health in the same manner as a physician is required to do in § 170-7.

§ 170-9. Reporting by schools.

Every teacher, nurse and medical school inspector shall report forthwith to the principal or other person in charge of a school the name of any person attending or working in such school who appears to be affected with a communicable disease. Such principal or person in charge of any school shall report forthwith in writing, and by telephone or in person if practicable, to the Board of Health, the supposed nature of the disease and the name, age, sex, color and address of any person attending or working in such school who appears to be affected with any communicable disease. Such person shall be at once sent home or isolated.

§ 170-10. Reporting by hotels and boarding- or lodging houses.

When no physician is in attendance, it shall be the duty of the proprietor or keeper of any hotel, boarding- or lodging house to report forthwith in writing, and by telephone or in person if practicable, to the Board of Health, the name, age, sex, color and address of any person in any hotel or lodging house under his charge who appears to be affected with any communicable disease.

§ 170-11. Reporting in camps.

When no physician is in attendance, it shall be the duty of every person in charge of any labor or other camp, having knowledge that any person living in or attached to such camp is affected with any communicable disease, to report at once in writing, and by telephone or in person if practicable, to the Board of Health, the name, age, sex, color and address of such person and the suspected nature of the disease.

§ 170-12. Medical examinations; isolation of infected persons.

A. Whenever this Board shall deem it necessary to establish the true character of any disease which in its opinion may be communicable, a medical examination of the person infected may be required by a physician designated by the Board of Health; and such specimens of excretion or other material for examination shall be taken from such persons, and it shall be the duty of such person to submit to such examination and furnish such necessary specimens. No person shall interfere with or prevent the securing of such specimens.
B. The Board may cause any person suspected of being infected with a communicable disease to be isolated or quarantined until medical or laboratory examinations show that the person is free of the causative organisms of the disease.

ARTICLE IV Housing and Buildings

§ 170-13. Heating.

A. Every owner of a building designed to be occupied, or occupied as, residences by more than two families, and where such owner has agreed to supply heat, shall provide heat from the first day of October in each year to the first day of May of the succeeding year so that the temperature of said apartment where one or more persons reside shall always be kept at 68º F. or above between the hours of 6:00 a.m. and 10:00 p.m.
B. For the purpose of this section, wherever a building is heated by means of a furnace, oiler or other apparatus under the control of the owner of such building, such owner, in the absence of a contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this section.
C. The owner of a building of the type described in Subsection A, and where the heating system or systems are a permanent part of the property, shall, from the first day of October in each year to the first day of May of the succeeding year, maintain such heating system or systems therein in a safe and proper working condition to supply to said building the heat required by this article.

§ 170-14. Rats; mice; vermin.

No house, apartment, rooms or building shall be let, leased or occupied by human beings, which is infested with rats, mice or vermin. The owner, lessor, agent or occupant of any such place, upon notice from the Board, shall immediately proceed to rid said place of said rats, mice or vermin by any reasonable and safe means approved by the Board.

§ 170-15. Garbage removal.

Every owner, tenant or occupant of any dwelling, house or place of business shall cause all garbage, swill and offal to be removed from the premises at least once each week, and more often if so ordered by the Board, except that such garbage may be burned on the premises in an incinerator of a type approved by this Board and in such manner that no nuisance is created.

ARTICLE V Food and Drink Establishments

§ 170-16. License required.

No person shall conduct, maintain or operate a public eating establishment in the Township of Bridgewater who does not possess a license from the Board of Health, provided that no license shall be required for any public eating establishment operated by or in conjunction with any public school, church or incorporated charitable institution. Such license shall not be transferable and shall continue in force and effect until the first day of June next ensuing the date of granting thereof unless sooner revoked or suspended.

§ 170-17. Inspection report.

The enforcement officer or other authorized representative of the Board shall from time to time make inspections of food establishments in the Township to determine compliance with the sanitation regulations hereinafter set forth and shall report thereon. A copy of such inspection report shall be posted upon the inside wall of each food establishment by the enforcement officer or other representative of the Board of Health at the time of each inspection of said establishment. Said inspection report shall not be defaced or removed except by the enforcement officer or other representative of the Board.

§ 170-18. Sale of unfit food or drink prohibited.

No person shall manufacture, store, sell or offer for sale or delivery on or from any premises in the Township of Bridgewater any meat, vegetables, food or drink for human use or consumption either on or off the premises, which is or has been exposed to any injurious contamination or any contagious, infectious, venereal or communicable disease or which is unfit, unwholesome, impure, decayed, diseased, mislabeled or adulterated or which contains any drug, chemical, preservative, coloring matter or any substance of any kind or character except as now or hereafter permitted by the laws of the State of New Jersey.

§ 170-19. Light, ventilation and screening of establishments.

No person shall own, maintain, operate or permit to be maintained or operated, on or in any premises controlled or leased by him in the Township, any factory, warehouse, store, market, restaurant, hotel, saloon, club, tearoom, lunch counter, ice cream parlor or soda fountain or equipment where food or drink is manufactured, prepared, stored, handled, sold, served or offered for sale or delivery either on or off said premises, unless said premises are properly lighted, ventilated, screened, drained and at all times kept in a clean and sanitary condition.

§ 170-20. Adequate toilet facilities.

All such establishments described in § 170-19 shall be equipped with adequate washing and toilet facilities, including soap and towels, in locations convenient to workmen, employees and patrons, which facilities shall at all times be kept in a clean and wholesome condition. All toilets shall be separated from any room or store where food or drink is prepared or served.

§ 170-21. Cleaning of utensils.

All dishes, cups, drinking glasses, cooking, eating and drinking utensils of every character used in any hotel, restaurant, tearoom, lunch counter, club, saloon, ice cream parlor, store or soda fountain in the Township shall, immediately after being used by any person or persons, be thoroughly cleaned by washing same in a strong solution of washing soda or soap in hot water and thoroughly rinsed in clean hot water, by sterilization or by some other equally effective method which has been approved by this Board or the State Board of Health. Paper cups, dishes or other single service containers, straws and wooden or paper spoons shall be used only once and then be destroyed. All such articles shall at all times be so kept and maintained to prevent contamination by dust, dirt, flies, bugs or other contaminating influences.

§ 170-22. Suspension of food handlers; cleanliness; submission to tests.

A. Every employer, manager or superintendent of any public eating establishment or store in the Township shall immediately suspend from active duty any person or persons handling, selling, serving or delivering food or drink for human consumption not in sealed containers, when such person is found to be physically unfit or afflicted with any contagious, infectious, venereal or communicable disease in any infectious state, and any person so found shall immediately cease such handling of food or drink until his or her recovery shall be certified by a physician.
B. Any person handling, selling, serving or delivering food or drink for human consumption, not in sealed containers, in any public eating establishment or store in the Township, shall keep himself or herself clean and his or her clothing neat and clean while working therein and shall, whenever required in writing by this Board, submit himself or herself to any tests and examinations by a physician or laboratory designated by this Board that this Board shall or may deem proper. The results of all tests and examinations by any physician or laboratory shall immediately be filed with the Secretary of this Board.

§ 170-23. Transportation of food; packaging.

No person shall sell or transport for sale any food, except raw fruits and raw vegetables, in any vehicle or device unless the same shall be wrapped, packaged or covered in such manner as to adequately protect the contents from dust, dirt and all foreign or injurious contamination. All vehicles used in the transport, sale or delivery of food shall be kept in a sanitary condition at all times.

§ 170-24. Ice.

No impure ice or ice cut from a polluted pond, lake or stream and no ice manufactured from impure water shall be used or sold in the Township.

ARTICLE VI Penalties

§ 170-25. Violations and penalties.

A. Any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to a fine or penalty not to exceed $500, and not less than $2 for each offense. Each day or part thereof during which such violations shall continue shall constitute a separate offense.
B. Any person who shall neglect or refuse to pay any fine imposed in accordance with the preceding subsection shall he subject to imprisonment in the county jail for a period not to exceed 90 days. Any person who shall have been twice convicted within the space of six months of having violated this Code may, in addition to the imposition of the penalty prescribed in Subsection A, be imprisoned in the county jail for any number of days not exceeding one for each dollar of the penalty.

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