[HISTORY: Adopted by the Board of Health of the Borough of
Fanwood as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Adoption of Code by Mayor and Council — See Ch. 1.
[Adopted 3-3-2003 by Ord. No. 03-01[1]]
[1]
Editor's Note: This ordinance also superseded former
Art. I, Adoption of Code by Board of Health, adopted 12-15-1971 by
Ord. No. 631R.
The Board shall exercise its powers in accordance with N.J.S.A.
26:3-31 et seq. and Title 8 of the New Jersey Administrative Code,
which are hereby incorporated by reference.
All the ordinances of the Board of Health of the Borough of
Fanwood of a general and permanent nature, as codified, are ordained
as general ordinances and are adopted as part of the Code of the Borough
of Fanwood, County of Union, State of New Jersey.
All the provisions of that part of the Code of the Borough of
Fanwood, County of Union, State of New Jersey, adopted by the Board
of Health shall be in force and effect on and after the effective
date of this article.
All ordinances of a general and permanent nature adopted by the Board of Health of the Borough of Fanwood prior to May 3, 1971, and not contained in the Code of the Borough of Fanwood, County of Union, State of New Jersey, are hereby repealed from and after the effective date of this article, except as hereinafter provided in § 295-4 and excepting all ordinances adopted on or after May 3, 1971, which such ordinances shall be included in the Code as replacement pages as a part of the Code.
The repeal provided for in § 295-3 of this article shall not affect:
A.
Any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing before the
effective date of this article.
B.
Any prosecution, action, suit, or other proceeding pending or any
judgment rendered on or prior to the effective date of this article.
C.
Any provision of an ordinance or resolution of the Board of Health
of the Borough of Fanwood creating employments, positions, or offices
and fixing duties therefore which are not provided in the Code hereby
adopted and which are not in conflict or inconsistent therewith.
Sufficient copies of that part of the Code adopted by the Board
of Health of the Borough of Fanwood, Union County, New Jersey, have
been filed in the office of the Secretary of the Board of Health of
the Borough of Fanwood and shall remain there for the use and examination
of the public until final action is taken on this article.
Any and all additions or amendments to said Code, when passed
in such form as to indicate the intention of the Board of Health of
the Borough of Fanwood to make the same a part hereof, shall be deemed
to be incorporated in said Code so that reference to the Code of the
Borough of Fanwood shall be understood and intended to include such
additions and amendments.
One copy of that part of the Code adopted by the Board of Health
of the Borough of Fanwood, Union County, New Jersey, shall be and
remain on file in the office of the Secretary of the Board of Health
of the Borough of Fanwood and made available to persons desiring to
examine same if this article shall be adopted and while the same shall
be in effect.
Every section of that part of the Code of the Borough of Fanwood
adopted by the Board of Health and every part of each section is an
independent section or part of a section, and the holding of any section
or part thereof to be unconstitutional, void, or ineffective for any
cause does not affect the validity or constitutionality of any other
section or part thereof.
Each section of the 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 part thereof.
This article shall take effect immediately after final adoption
according to law.
In compiling and preparing the ordinances of the Board of Health
of the Borough of Fanwood for adoption and revision as part of the
Code of the Borough of Fanwood, County of Union, State of New Jersey,
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 of the Borough of Fanwood that all
such changes be adopted as part of the Code of the Borough of Fanwood,
County of Union, State of New Jersey, as if the ordinances so changed
had been previously formally amended to read as such.[1]
[1]
Editor's Note: Former Art. II, Adoption of Renumbering
of 2001 Code, adopted 12-4-2001 by Ord. No. 01-01, which immediately
followed, was repealed 3-3-2003.
