[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-1977 by Ord.
No. 14-77]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Oaklyn of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 127 through 139, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Oaklyn, Part III," which, together with the ordinances of the Mayor and Council adopted as the "Code of the Borough of Oaklyn, Parts I and II," and an Appendix, shall hereinafter be known and referred to as the "Code."
This article 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 article and the Code shall be in full force and
effect on and after September 22, 1977.
A copy of the Code in loose-leaf form has been filed in the office of
the Secretary of the Board of Health and shall remain there for use and examination
by the public until final action is taken on this article; and, if this article
shall be adopted, such copy shall be certified to as provided by law, and
such certified copy shall remain on file in the office of the Secretary of
the Board of Health, to be made available to persons desiring to examine the
same during all times while the said Code is in effect.
The Secretary of the Board of Health, 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 Borough. Sufficient copies of the
Code shall be maintained in the office of the Secretary for inspection by
the public at all times during regular office hours. The enactment and application
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.
Any and all additions, amendments or supplements to the Code, when passed
and adopted in such form as to indicate the intent of the Board of Health
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Borough of Oaklyn" 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.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 127-12A and prior to the effective date of this article given in § 127-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Secretary, or someone authorized and directed
by him, to keep up-to-date the certified copy of the book containing the Code
required to be filed in his 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.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, any part or portion thereof or to alter or tamper with such
Code in any manner whatsoever which will cause the law of the Board of Health
to be misrepresented thereby. Anyone violating this section of this article
shall, upon conviction, be subject to a fine of not less than $5 nor more
than $500.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. Each section of
this article 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 of a general and permanent nature adopted by the Board
of Health and in force on the date of the adoption of this article 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 § 127-11 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance of the Board of Health adopted subsequent
to June 19, 1969.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this article
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 article 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 article,
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 an ordinance or resolution of the Board
of Health creating employment, positions or offices and fixing 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 Board of Health officers and employees or personnel policies.
H.
An ordinance adopted 6-19-1969, licensing retail food-handling
establishments.
A.
In compiling and preparing the ordinances of the Board
of Health 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.
