[HISTORY: Adopted by the Mayor and Council of the Township of North Brunswick: Art. I, 1-18-1994. Amendments noted where applicable.]
Article I Adoption of Board of Health Legislation
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Township of North Brunswick of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 366 through 427, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Township of North Brunswick," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances of the Board of Health enacted prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect hereinafter.
All provisions of this ordinance and the Code shall take effect 30 days after the date of the first publication.
A copy of the Code in loose-leaf form has been filed in the office of the Clerk of the Township and shall remain there for use and examination by the public until final action is taken on this ordinance; and if this ordinance shall be adopted, such copy shall be certified as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Board of Health, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Board of Health to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Township of North Brunswick" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.
The Clerk of the Township of North Brunswick, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this adopting ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification, which shall be adopted specifically as part of the Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Board of Health to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not less than $5 nor more than $500.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.
All ordinances of a general and permanent nature adopted by the Board of Health and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 366-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance of the Board of Health adopted subsequent to May 1, 1972.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
Any provisions of an ordinance or resolution of the Board of Health creating employments, positions or offices and fixing salaries and duties therefor which are not provided in the Code hereby adopted and which are not in conflict or inconsistent therewith, or any ordinance pertaining to the salaries and compensation of Board of Health officers and employees.
A resolution adopted May 1, 1972, regarding meetings of the Board of Health.
In compiling and preparing the ordinances of the Board of Health for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Health that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
Penalties. In the following sections, the penalty provisions were revised to provide that violators will be punished by a fine of not more than $500 nor less than $2, the imposition of such penalties being authorized by N.J.S.A. 26:3-70 and 26:3-70.1. (Chapter and section number references are to the ordinances as they have been numbered and appear in the Code.)
Membership of Board of Health. Section 2 of an ordinance of the Township Committee (now Township Council) of the Township of North Brunswick, adopted 2-4-1974 (§ 38-2 of the Township Code as reprinted in 1993), is hereby amended to raise the membership of the Board of Health from five to seven members, and to add the following sentence to the end of said section: "In addition to the original appointment of the Board, two members will be appointed for terms of three years."