[HISTORY: Adopted by the Council sitting
as the Board of Health of the Township of Ewing as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
General provisions — See Ch. 1.
[Adopted 3-10-2009 by Ord. No. 09-05]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Ewing of a general and permanent nature adopted by the Board of Health of the Township of Ewing, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 388 through 407, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Ewing," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately
upon passage and publication according to law.
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 to by the Clerk of the Township of Ewing by impressing
thereon the Seal of the Township, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the Township,
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 governing body 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 Ewing" 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 Ewing, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, 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 his or
her 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.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee authorized by the Township. The
Clerk shall also arrange for procedures for the periodic supplementation
of the Code.
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 Township of Ewing to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one or more of the following:
a fine of not more than $1,250, imprisonment for not more than 90
days or a period of community service not exceeding 90 days, in the
discretion of the Judge imposing the same.
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 sections 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 sections or parts thereof.
All ordinances or parts of ordinances of a general
and permanent nature adopted 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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.Â
Any ordinance adopted subsequent to November 25, 2008.
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 franchise, license, right, easement or privilege
heretofore granted or conferred.
F.Â
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.Â
Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond or other instruments
or evidence of the Township's indebtedness.
H.Â
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.Â
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.Â
The dedication of property or approval of preliminary
or final subdivision plats.
K.Â
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.Â
Any ordinance adopting or amending the Zoning Map.
M.Â
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
A.Â
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 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.
B.Â
In addition, the changes, amendments or revisions
as set forth below 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.)
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Chapter 400, Food Establishments, Retail
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Article II, Operating Hours
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Section 400-10, Violations and penalties, is amended as follows: "Any person, firm, or corporation violating any provision of this article shall, upon conviction therefor, pay a fine of not to exceed $500, with each violation or day of continued violation constituting a separate offense."
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[Adopted 11-24-1998 by Ord. No. 98-13 as
Ch. 231 of the 1998 Code]
The provisions of Chapter 1 of the Code of the Township of Ewing, in the County of Mercer, concerning short title, definitions, construction and severability shall apply to all chapters adopted by the Board of Health.[1]
[1]
Editor's Note: The general power to adopt
health ordinances is contained in N.J.S.A. 26:3-31. The penalties
that may be provided for a violation of health provisions are contained
in N.J.S.A. 26:3-70 and 36:3-71. The statutory power to adopt health
codes by reference is contained in N.J.S.A. 26:3-69.1 et seq. In addition
to the health regulations contained in this chapter, the State Sanitary
Code promulgated by the State Public Health Council is by reason of
N.J.S.A. 26:1A-9 enforceable in every municipality in this state.
A.Â
Any person violating any of the provisions of any
chapter adopted by the Board of Health of the Township shall, upon
conviction thereof, pay a penalty of not less than $50 nor more than
$2,000 for each offense. Complaint shall be made in the Municipal
Court of the Township or before another judicial officer having authority
under the laws of the State of New Jersey. The Court shall have the
power to impose the other and additional penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
[Amended 2-24-2009 by Ord. No. 09-02]
B.Â
Separate violation. Except as otherwise provided,
each and every day in which a violation of any of the provisions of
any chapter adopted by the Board of Health exists shall constitute
a separate violation.
C.Â
Collection of fees and penalties. All fees and penalties
collected under any provision of any chapter adopted by the Board
of Health shall be paid to the Treasurer of the Township.
D.Â
Any person who directly or indirectly acting as agent or otherwise who violates any provision of Chapter 418, Body Art Facilities, shall be liable for a penalty not less than $50 nor more than $1,000, or as otherwise authorized under N.J.S.A. 26:1A-10 and all other applicable law and/or injunctive action as provided by law or both.
[Added 12-17-2013 by Ord. No. 13-51]
