[HISTORY: Adopted by the Board of Health
of the Borough of Park Ridge as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-14-1974]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Park Ridge of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 103 through 115, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Park Ridge" hereinafter known and referred to as the "Code."
This ordinance 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 ordinance and the Code
shall be in full force and effect upon final passage and publication
as required by law.
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 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 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 Park Ridge" 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 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 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 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 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 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 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 § 103-11 of this ordinance 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 18, 1969.
B.
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.
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.
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.
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 employments, 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.
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 following changes, amendments or
revisions 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])
[1]
Editor's Note: Said chapters have been further amended since
the 1974 adoption of the Board of Health legislation.
C.
In the following sections, the penalty provisions
have been amended by providing that violators shall, upon conviction,
be punished by a penalty of not less than $2 nor more than $500 in
the discretion of the court before which a conviction may be had.
(Chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code.)
(2)
Section 105-10 [formerly Section 4 of an ordinance
adopted 6-1-1954].
(4)
Section 115-5 [formerly Section 5 of an ordinance
adopted 3-20-1968].[3]
[3]
Editor's Note: Original Ch. 115, Plumbing, as amended, was
superseded by the enactment of the State Uniform Construction Code
Act (N.J.S.A. 52:27D-119 et seq.) and the promulgation of the state
plumbing subcode pursuant to that Act.
