[HISTORY: Adopted by the Township Council
of the Township of Moorestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-13-1989 by Ord. No. 1464-89]
Pursuant to N.J.S.A. 40:49-4, the health ordinances of the Township of Moorestown of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 185 through 219, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Township of Moorestown," 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 Township Clerk 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 Township Clerk, 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 Township Council 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 Moorestown" 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 Township Clerk, 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 Township
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 Township 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.
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 § 185-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any health ordinance adopted subsequent to December
31, 1966.
B.
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.
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.
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.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
G.
Any provisions of any ordinance or resolution of the
former 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 officers and employees.
A.
In compiling and preparing the ordinances 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 Township Council 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.
B.
In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the effective
date of this ordinance. (Chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 185-13B, the following sections were amended or added: §§ 196-5, 202-2, 202-3, 208-3, 208-4, 208-5, 208-6, 208-7. 208-8, 208-10A, 210-1, 210-3, 210-4, 214-3, 214-7, 217-2 and 217-3. A complete description of each change may be found in Ord. No. 1464-89, on file in the Township Clerk's office.
