[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Code by Mayor and Council — See Ch.
1, Art.
I.
Board of Health — See Ch.
31.
Adoption of Code by Shade Tree Commission — See Ch.
180.
[Adopted 9-8-1992 by Ord. No. 2-92]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Riverdale of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
172 through
179, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Riverdale," 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 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 Health Officer 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 Health Officer, 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 Riverdale" 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 Health Officer, 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 Health Officer, or someone authorized and
directed by the Health Officer, to keep up-to-date the certified copy of the
book containing the Code required to be filed in the Board of Health 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 laws 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 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 §
172-11 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 February 11, 1992.
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 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.
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.