[HISTORY: Adopted by the Mayor and Council of the Borough of Saddle River 7-8-1974 as Secs. 2-54 through 2-56 and 7-3 through 7-16 of the 1974 Code. Amendments noted where applicable.]
[Amended 5-15-2017 by Ord. No. 17-933-C]
Pursuant to N.J.S.A. 26:3-1 and 26:3-3, the Board of Health shall consist of seven members plus two alternates.
A. 
Two members of the Board of Health shall be appointed by the Mayor, with the advice and consent of the Council, at a meeting of the Council in January in each year, to hold office for a period of three years.
B. 
The Mayor and Council may appoint alternate members pursuant to N.J.S.A. 26:3-3.
[Added 2-22-1994 by Ord. No. 600-C]
A. 
The Board of Health shall adopt rules and regulations for its own government and shall elect a President from among its own members.
B. 
Such rules and regulations shall not be inconsistent with law or the State Sanitary Code.
[Added 2-22-1994 by Ord. No. 600-C]
[Added 2-22-1994 by Ord. No. 600-C]
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Board of Health of the Borough.
CLEANING
The thorough removal of contaminating material or materials.
DISINFECTION
The application of any disinfectant materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organisms.
MEMBER
Those persons duly appointed by the Mayor and confirmed by the Council to constitute the Board of Health.
NUISANCE
Any condition which is dangerous to human life or health or which renders air, water, soil or any type of food hazardous or injurious to human life or health, and as otherwise herein defined.
PERMIT or LICENSE
A duly authorized permit or license of the Board, issued in accordance with this chapter or the regulations of the Board.
REGISTRAR
The person duly appointed as the Registrar of Vital Statistics by the Board.
REGULATIONS
Any regulations, whether general or special, which the Board may from time to time lawfully adopt and issue.
SANITARY INSPECTOR
Any officer licensed as such under the laws of the state and appointed by the Board to aid in the enforcement of the sanitary laws of this state or to aid in the enforcement of the rules, regulations and ordinances of the Board of Health, except health officers or other persons performing principally clerical duties in the office of the Board.
[1]
Editor's Note: Other definitions relating to Board of Health legislation were distributed in their applicable chapters of Part III, Board of Health Legislation.
A. 
The Board of Health shall organize annually in January each year, as soon after the annual organization meeting of the Council as may be feasible. At such time, it shall elect, by a majority vote of all of the members of the Board and from its members, a President and a Vice President.
B. 
The Board shall appoint, by resolution passed by a majority of all its members, a Secretary, a Sanitary Inspector, a Registrar of Vital Statistics, a Plumbing Inspector and such other officers and employees as it may from time to time deem necessary, in accordance with the provisions of the applicable laws of the state.
C. 
The salaries or other forms of compensation of the officers and employees designated in Subsection B shall be fixed by resolution passed by a majority of all the members of the Board annually or at the time of their appointment.
A. 
A majority of the whole number of members of the Board shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time.
B. 
The Board's regular meetings shall be held every month in the office of the Board of Health, at such time and on such date as may be decided upon at the organization meeting.
C. 
The Board shall determine and establish the rules of its own proceedings and shall pass, promulgate or adopt such rules, regulations, orders, ordinances, bylaws and resolutions pertaining to the purposes and objectives of the Board as may be necessary to properly carry out the provisions of applicable state laws governing the powers and duties of Local Boards of Health. The President shall have the power to call special meetings of the Board when necessary. In case of his neglect or refusal to do so, it shall be lawful for any three members of the Board to call any special meeting, by written or printed notice to each member, served personally or left at his or her place of residence at least 24 hours previous to the time appointed for such meetings.
[Amended 2-22-1994 by Ord. No. 600-C]
A. 
The President shall be the chief executive officer of the Board. He shall preside at all meetings of the Board and shall appoint all committees and have all such other powers as may, by law or by the provisions of this chapter, be vested in him. During the intervals between regular meetings, the President shall represent the Board on all executive and judicial matters, and he shall have the power and may appoint, at the annual meeting or immediately thereafter, the following:
(1) 
A Communicable Diseases Committee.
(2) 
A Milk Committee.
(3) 
A Water Committee.
(4) 
A Nuisance Committee.
(5) 
An Ordinance Committee
(6) 
A Publicity Committee.
(7) 
With the advice and consent of the Board, such other officers as may, from time to time, be required to be appointed and provision for whose appointment is not otherwise made in this chapter or subsequent legislation by the Board.
B. 
The Vice President, in the absence, disability or disqualification of the President, shall serve in the place of the President, with all of his powers and duties.
C. 
The Secretary shall keep the minutes of all the proceedings of the Board. He shall conduct all the official correspondence of the Board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local, state or national, and make such other reports as may be required or directed by the Board. He shall procure all books, stationery and other supplies as may be required by the Board and shall keep a record of all applications for permits, and in case of the refusal of any permits, the date of application and the action of the Board, if any, thereon, and all such other pertinent information as may be necessary for a complete record of each such application.
D. 
The Registrar of Vital Statistics shall keep all such records of that office, as required by the Bureau of Vital Statistics of the state. He shall perform such other duties as may be required.
E. 
The Sanitary Inspector, Plumbing Inspector and Registrar of Vital Statistics shall each make a written report monthly. All appointees under § 29-5 shall perform such duties as may be directed by the revised statutes of New Jersey or the provisions of this chapter or as they may from time to time be directed by the Board.
A. 
Every member of the Board and all officers and employees thereof shall, by virtue of their respective appointments, be vested with the power and authority to make any and all inspections or examinations that are, under the statutes of this state, required to be made by Local Boards of Health or that are required by any Code ordinance, regulation or order of the Board. They shall report to the Sanitary Inspector any violations occurring in the interim between meetings of the Board. No person shall interfere with or obstruct such inspections or examinations.
B. 
The Board may from time to time adopt such rules and regulations as by law it is permitted, authorized or empowered to so adopt and which shall, in its judgment, aid in the proper understanding and general enforcement of this chapter.
A. 
It is intended that the terms "license" or "permit," wherever used in this chapter, shall be synonymous if, in the interpretation of any part hereof, such synonymy is required to carry out the manifest intent and purpose of this chapter.
B. 
All applications for licenses, permits or certificates shall be made at the office of the Board Secretary by appointment. The fees for every license or permit shall be paid in advance at the time of making the application therefor.
C. 
The granting of any license, permit or certificate may be withheld, at the discretion of the Board, pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license, permit or certificate under consideration.
D. 
All licenses, permits or certificates issued under this chapter or Part III, Board of Health Legislation, shall be valid only for the balance of the calendar year in which they are issued, unless otherwise provided. No such license, permit or certificate shall be transferable or assignable.
[Amended 2-22-1994 by Ord. No. 600-C]
E. 
The Board shall evidence the granting of any license, permit or certificate issued by furnishing to the licensee, permittee or certificate holder a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license, permit or certificate, the serial number of the license, the name of the person to whom the license has been issued, the year in which the license is so issued, the premises or vehicles so licensed, if that is material or required, and such other information as the Board may deem pertinent.
F. 
Every license, permit or certificate issued by the Board shall be displayed in a conspicuous place in the establishment, premises or other place for which the license is issued and shall likewise be so displayed on every vehicle or conveyance so licensed for the period that the license, permit or certificate shall be in force, unless the Board shall otherwise prescribe.
A. 
Every license, permit or certificate issued under this chapter or Part III, Board of Health Legislation, may, at any time during the term for which it is so issued, be suspended by the Board or its Health Officer, pending a hearing to be granted the holder pursuant to a notice to show cause to the Board why the license, permit or certificate should not be suspended further or revoked.
[Amended 2-22-1994 by Ord. No. 600-C]
B. 
No license, permit or certificate shall be suspended unless the Health Officer or Sanitary Inspector shall file with the Board a complaint or charges evidencing one or more violations under which the license, permit or certificate was originally issued.
C. 
During the period of any such suspension, every license, permit or certificate so suspended shall be ineffective, and the holder shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license, permit or certificate suspended.
A. 
Any license, permit or certificate issued under this chapter or Part III, Board of Health Legislation, may be revoked at any time by the Board for just cause or if the licensee, permittee or certificate holder or any of the employees or agents of the licensee, permittee or certificate holder violate any provision of this chapter or Part III, Board of Health Legislation, or the Sanitary Code or any regulation of the Department of Health of New Jersey specifically applicable to the subject matter for or upon which the license, permit or certificate was issued.
[Amended 2-22-1994 by Ord. No. 600-C]
B. 
Before any license, permit or certificate may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made by violation or violations charged against him.
C. 
The time and place for such hearing shall be fixed at the discretion of the Board; provided, however, that an unreasonable time shall not be permitted to elapse between the date of any suspension of a license and the date fixed for the hearing.
D. 
Notice of the time and place of any hearing shall be given by the Board to the holder of the license, permit or certificate so involved, in writing, and served either personally or sent to him by registered mail.
E. 
A licensee, permittee or certificate holder who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing; and in that event his license, permit or certificate may, as a matter of course, be immediately revoked.
A. 
All of the fees required to be paid, or paid, under this chapter or Part III, Board of Health Legislation, are intended to be annual fees but, when paid, shall cover only the balance of the calendar year during which the same are so paid or payable, unless otherwise provided.
B. 
The annual fee for the several licenses, permits or certificates referred to in this chapter or Part III, Board of Health Legislation, shall be as follows:
[Amended 2-22-1994 by Ord. No. 600-C]
(1) 
Garbage, ashes and rubbish permit required to engage in the business of collecting: $3.50 for each permit so issued or, if more than 100 feet from the road, $4.
(2) 
A fee of $25 per transcript shall be imposed for issuance of a certified transcript of a vital record for any death. A fee of $2 per transcript shall be imposed for each additional transcript issued at the same time, to the same person, for the same record.
[Amended 7-18-2016 by Ord. No. 16-920-C]
(3) 
A fee of $15 per transcript shall be imposed for issuance of a certified transcript of a vital record for any birth, marriage, civil union, partnership or correction.
[Amended 7-18-2016 by Ord. No. 16-920-C]
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), which provided a fee for death certificates, was repealed as a result of the inclusion of Ord. No. 16-920-C, adopted 7-18-2016.
(5) 
All other legal documents or records: $5.
(6) 
Search of files (each search): $5.
(7) 
License fees for retail food-handling establishments are hereby established as follows:
[Added 12-18-2017 by Ord. No. 17-942-C]
Food Establishment: Seating capacity
1-49
$125.00
50-99
$150.00
100+
$175.00
Miscellaneous Food Store:
$100.00
Deli, Bakery, Butcher
$125.00
School Food Service
$125,00
Supermarket
$400.00
Temporary Retail Food*
1-3 day
$25.00
3 or more
$50.00
*Fees for temporary food establishment events may be waived by the Board of Health or Health Officer.
Mobile Vendor
$100.00
Plan Review
$100.00
Late Fees: After Feb 1st·
50% of cost of license
Re-inspection Fees:
Conditional
$50.00
First
$100.00
Second
$150.00
Third or subsequent
Unsatisfactory
First
$200.00
Second
$300.00
Third or subsequent
$400.00
C. 
Whenever a license or permit is required and no specific fee is established for such license or permit, the fee therefor shall be $10, payable on issuance of such license or permit, which shall be for the balance of the calendar year in which the same is so issued.
D. 
No fee for any permit, license or certificate issued hereunder shall be required of any person declared by state law to be exempt from the payment of any such fee.
[Amended 2-22-1994 by Ord. No. 600-C]
Unless otherwise provided, this chapter and Part III, Board of Health Legislation, apply to acts performed within the corporate limits of the Borough. Provisions of this chapter and Part III, Board of Health Legislation, also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the Board to regulate such particular acts outside the corporate limits.
[Amended 2-22-1994 by Ord. No. 600-C]
A. 
Every person concerned in the commission of an act prohibited by this chapter or Part III, Board of Health Legislation, whether he directly commits the act or prosecutes, counsels, aids or abets in its commission, may be prosecuted and, on conviction, is punishable as if he had directly committed such act.
B. 
Unless another penalty is expressly provided by this chapter for any particular provision, section or chapter of Part III, Board of Health Legislation, any person violating any provision of Part III, Board of Health Legislation, or any rule or regulation adopted or issued in pursuance thereof or any provision of any code adopted therein by reference shall, upon conviction thereof, forfeit and pay a fine of not less than $5 nor more than $500, in the discretion of the Judge before whom the complaint is made.
C. 
Each act of violation and every day upon which a violation occurs constitutes a separate offense.
D. 
The penalty provided by this section applies to the amendments of any section of this chapter or Part III, Board of Health Legislation or any code adopted herein by reference, whether or not such penalty is reenacted in the amendatory ordinance.
E. 
Reference to any section of this chapter or Part III, Board of Health Legislation, shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.
F. 
The failure of any officer or employee of the Borough to perform any official duty imposed by this chapter or Part III, Board of Health Legislation, shall not subject such officer or employee to the penalty imposed for violation of this chapter or Part III, Board of Health Legislation, unless a penalty is specifically provided.
Copies of this chapter and the Sanitary Code shall be kept available at the Clerk's office and the office of the Board of Health for public inspection.