[HISTORY: Adopted by the Board of Health of the Township of Stillwater as indicated in article histories. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances contained in the 1971 Revised General Ordinances of the Township of Stillwater and the ordinances of the Board of Health Township of Stillwater of a general and permanent nature amending same adopted by the Board of Health, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Part III, Chapters 420 through 467, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Stillwater," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the Board of Health ordinances as contained in the 1971 Revised General Ordinances, adopted 11-19-1971, and all general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and/or Board of Health Secretary 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 by the Secretary of the Board of Health of the Township of Stillwater, as provided by law, and such certified copy shall remain on file in the office of the Secretary of the Township, 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 Part III of 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 Part III of such Code so that reference to the "Code of the Township of Stillwater" 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 said Code as amendments and supplements thereto.
The Clerk of the Township of Stillwater or 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 Township. Sufficient copies of the Code shall be maintained in the office of the Clerk or 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 Clerk or Secretary or someone authorized and directed by the Clerk or Secretary to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her 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.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the governing body. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Township of Stillwater 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 Part III 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 sections 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 or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance which are inconsistent with any provision in the Code are hereby repealed to the extent of such inconsistency as of the effective date of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 420-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to 11-19-1971.
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.
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 that may result therefrom.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance relating to or establishing a pension plan or pension fund for Board of Health employees.
In compiling and preparing the ordinances 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.
[Adopted 11-19-1971 as §§ BH:1-1 and BH:1-2 of the 1971 Revised General Ordinances]
The provisions of Chapter 1 of the Code of the Township of Stillwater in the County of Sussex concerning short title, definitions, construction and severability shall apply to all chapters adopted by the Board of Health.
Editor's Note: The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 26:3-70 and 26:3-71. The statutory power to adopt health codes by reference is contained in N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained in this chapter, the State Sanitary Code promulgated by the State Public Health Council is, by reason of N.J.S.A. 26:1A-9, enforceable in every municipality in this state.
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Township shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Township or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
Collection of fees and penalties. All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Treasurer of the Township.