[HISTORY: Adopted by the Board of Health
of the Borough of Caldwell as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-3-1999]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Caldwell of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 255 through 261, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Caldwell," 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 Secretary of the Board of Health 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 Secretary of the Board
of Health, to be made available to persons desiring to examine the
same during all times while the 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 Borough of Caldwell" 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 the said Code, as amendments and supplements
thereto.
The Secretary of the Board of Health, 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 Borough of Caldwell. Sufficient copies of the Code shall be maintained
in the office of the Secretary 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 Secretary, or someone
authorized and directed by the Secretary, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Secretary'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 § 255-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.Â
Any ordinance of the Board of Health adopted subsequent
to April 9, 1999.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
Any agreement, franchise, license, right easement
or privilege heretofore granted or conferred.
F.Â
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
G.Â
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.
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.
