[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee
7-15-1987 as BH:II of the 1987 Code. Amendments noted where applicable.]
The Sanitary Code established and adopted by this chapter is described
and commonly known as the "Sanitary Code of the Borough of Fort Lee."
Three copies of the Sanitary Code of the Borough of Fort Lee have been
placed on file in the office of the Secretary of the Board of Health of this
municipality, and will remain on file there for the use and examination of
the public.
The fees to be charged by virtue of this chapter are the fees set forth
in said Sanitary Code of the Borough of Fort Lee which is incorporated herein
by reference thereto.
Except as otherwise provided herein, any person violating any of the
provisions of this chapter or of the Sanitary Code made a part hereof or who:
A.
Does or commits any act prohibited by the terms of this
chapter or the Sanitary Code; or
B.
Does or commits any act for which a license, permit or
certificate is required, without having secured and being in possession of
a valid license, permit or certificate at the time of the doing or commission
thereof; or
C.
Omits to do or perform any act required by him to be
so done or performed by this chapter or Sanitary Code; or
D.
Maintains any place, establishment, vehicle or conveyance
in violation of any of the provisions of this chapter or Sanitary Code; or
E.
Violates any of the provisions of any of the several
titles, articles or sections of said Sanitary Code; or
F.
Fail to maintain any condition required to be maintained;
or
G.
Fails to install any article of a particular type, kind,
quality or specification, where such installation is required; or
H.
In any manner, by deed, act, act of commission or act
of omission, violates any one or more of the provisions of this chapter or
Sanitary Code; shall, upon conviction thereof, or upon conviction of any violation
of the provisions hereof, be subject to a penalty or judgment of not more
than $500 and not less than $50, and upon conviction and refusal or neglect
to pay the amount of said penalty or judgment, to be committed to the county
jail for a period not exceeding 90 days, or if he shall have been twice convicted
within the space of six months of the violation of this chapter and due proof
of that fact is made, he may be imprisoned in the county jail or county workhouse
for any number of days not exceeding one day for each dollar of the penalty,
in addition to the imposition of the penalty prescribed above, all in the
discretion of the Municipal Judge before whom the complaint shall be brought.[1]
Except as otherwise provided herein, any person convicted of violating
any provisions of Title III of said Sanitary Code shall be liable to a penalty
for each first offense of not less than $25 nor more than $50, and for each
second and every subsequent offense to a penalty of not less than $50 nor
more than $200 and if, upon such conviction, the said defendant shall refuse
or neglect to pay the amount of such penalty or judgment, he may be committed
to the county jail for a period not to exceed 10 days for the first conviction
and in the case of conviction for a second or subsequent violation, for a
period of not less than 10 nor more than 30 days, all in the discretion of
the Municipal Judge before whom the complaint shall be brought. If judgment
is rendered against a body corporate, execution shall be issued against the
goods and chattels of such body corporate.
A.
In the event that any violation of this chapter or of
the Sanitary Code made a part hereof shall also be a violation of a New Jersey
State law, for which a greater penalty or judgment is provided than that contained
in this chapter, the Municipal Judge or trial judge before whom any complaint
is brought, based upon such violation, shall, in his discretion, have the
right to impose, in the place and in lieu of any penalty provided for herein,
that so provided for in the New Jersey State law which has been so violated.[1]
B.
If any penalty herein provided shall exceed or be greater
than that provided by any law of the State of New Jersey, for the violation
for which such penalty is imposed herein, the maximum penalty for such violation
shall be the maximum permitted by such law of the State of New Jersey, as
may be applicable thereto.
