§ 354-6. Specific nuisances.


Latest version.
  • A. 
    The following specific acts, conditions and things are each and all of them declared to constitute public health nuisances and are prohibited:
    (1) 
    Garbage.
    (a) 
    Depositing, maintaining, or permitting to be deposited or maintained, or accumulating in or upon any public or private street or thoroughfare or place; or in or upon any property or building any wastewater, sewage, garbage, offal, or excrement; any dead animal or part thereof; any decaying or putrescible matter; any oyster or clam shells; or any foul, putrid or decaying liquid or substance.
    (b) 
    Allowing any garbage, excrement, leaves, branches, vegetative matter or any other offensive or decomposed solid or fluid matter or substance to leak or escape from any cart, wagon, vehicle or other container in which the same may be conveyed or contained.
    (2) 
    Excrement. Permitting any human excrement or material containing human excrement to remain or flow upon the surface of the ground or to remain or flow in any open ditch or stream; burying, plowing under or otherwise disposing of such excrement or permitting the same to be done within 100 feet of any stream, well, lake, spring or other source of water used for drinking or other domestic purposes; or depositing or permitting to be deposited any such material in any place where it is likely to gain access to such water or to appear again above the surface of the ground.
    (3) 
    Use of any privy vault(s) and cesspool(s).
    (4) 
    Toilet accommodations. Any premises that are not provided with suitable toilets in good working order.
    (5) 
    Buildings.
    (a) 
    Permitting any building or portion thereof occupied or intended to be occupied by human beings to be or remain in a state of uncleanliness detrimental to the health of the occupants or of the public.
    (b) 
    Permitting any building which is inhabited by human beings or which is occupied by human beings for any purpose to be without an adequate supply of running water at any time while being occupied.
    (c) 
    Permitting any filthy or unhealthful plumbing fixtures of or in a building used or occupied by human beings for any purpose, regardless of whether such condition shall be the result of leakage, stoppage or any other cause.
    (6) 
    Stables or kennels. Any stable or kennel that is not provided with watertight floors properly graded, trapped and drained to a sewer or septic system if no sewer is available.
    (7) 
    Insects, larvae, pupae, rodents and vermin.
    (a) 
    Maintaining or permitting to be maintained any pool, pond, ditch, stream or other body of water or any cistern, privy vault, cesspool, rain barrel or other receptacle containing liquid in which mosquito larvae or pupae may or do exist.
    (b) 
    Maintaining or allowing to be maintained any condition which causes or engenders the breeding of flies, mosquitoes, termites, carpenter ants, roaches or other insects of public health significance.
    (c) 
    Maintaining or allowing to be maintained any condition which causes or engenders the breeding of rodents (rats or mice) or other vermin of public health significance.
    (d) 
    Failure to provide for written proof of inspection and treatment, as appropriate, by a state licensed pest control service for insects, rodents or other vermin upon notice of violation from any agent of the Board of Health for all public or private property.
    (8) 
    Vermin or insect exterminators. The regulations covering this item are covered in N.J.A.C. 7:30-1.
    (9) 
    Smoke. Emission from any premises of any smoke, gases, soot, stench or other substance in quantity or strength sufficient to cause potential injury or damage to health.
    (10) 
    Slaughtering. Killing, skinning or dressing of any animal intended for food, to be sold for human consumption, without permission from this Board.
    (11) 
    Animals. The keeping of horses, cows, goats, rabbits, guinea pigs, dogs, cats or other animals under unsanitary conditions.
    (12) 
    Spitting. Spitting upon the floor, steps, platform or upon the interior of any street or railway car, bus or other public conveyance or upon the floors, staircases or any part of any building or upon the sidewalks or crosswalks of any street, alley, lane or public place.
    (13) 
    Obnoxious trades. The carrying on of any trade or business in such a manner as to be obnoxious or offensive or which may be attended with unhealthful odors or which may be attended by such conditions or noises as may be potentially detrimental to health.
    (14) 
    Common towels. The supplying or furnishing of any roller towel (except such roller towel which can be mechanically adjusted for individual use or except individual paper towels) or of any towel for use by more than one person without intermediate laundering, in any hotel, schoolhouse, restaurant, boardinghouse, bakery, clubhouse, washroom or public lavatory or in any place where a number of people congregate.
    (15) 
    Food. Refer to Chapter XII, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, Section 3.2.1, of the State Sanitary Code.
    (16) 
    Plants. Permitting poison ivy, ragweed or any other poisonous plant to exist or to grow upon any public or private property within 50 feet of any public sidewalk, public street, party line or building or permitting any ragweed or other noxious or harmful weed to grow upon any property, either public or private.
    B. 
    In addition to the preceding subsections, whatever is detrimental to health or whatever is potentially injurious or dangerous to health is hereby declared to be a health nuisance.