[Adopted 10-16-2002]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Old Tappan of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 259 through 306, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Old Tappan," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1975 Code and 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 Secretary of the Board of Health 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 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.
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 Old Tappan" 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 Secretary of the Board of Health, pursuant to law, shall cause this
Adopting Ordinance to be published, in the manner required, 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 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 Secretary, or someone authorized and directed
by the Secretary, to keep up-to-date the certified copy of the book containing
the Code required to be filed in the Secretary'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.
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 Board of
Health to be misrepresented thereby. Anyone violating this section of this
ordinance shall be subject, upon conviction, to a fine of not less than $5
nor more than $500.
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 or parts of ordinances inconsistent with the provisions
contained in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Board of Health of the Borough of Old Tappan
which is not in conflict with the provisions of the Code shall be deemed to
remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 259-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
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.
B.
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.
C.
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.
D.
Any agreement, franchise, license, right, easement or
privilege heretofore granted or conferred.
E.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
F.
Any provisions of an ordinance or resolution of the 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 Board of Health officers and employees.
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.
B.
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.)
(1)
References throughout the Board of Health portion of
the Code to the "Revised General Ordinance of the Borough of Old Tappan" have
been changed to the "Code of the Borough of Old Tappan."
