[HISTORY: Adopted by the Board of Health
of the Township of Stillwater as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-18-2024 by Ord. No. 2024-10]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the Township of Stillwater of a general and permanent nature adopted by the Board of Health of the Township of Stillwater, as revised and codified and consisting of Chapters 420 through 467, are hereby approved, adopted, ordained and enacted as "Part III of the Code of the Township of Stillwater," hereinafter known and referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the Board of Health ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such Board of Health ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace Chapters 420 through 467 of the 2005 Code of the Township of Stillwater, as amended and supplemented.
A.
A copy of the Code has been filed in the office of the Township Clerk
and/or the Board of Health Secretary and shall remain there for use
and examination by the public until final action is taken on this
ordinance. Following adoption of this ordinance, 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 Board of Health Secretary and/or Clerk
of the Township, to be made available to persons desiring to examine
the same during all times while said Code is in effect.
B.
Additions or amendments to Part III of the Code, when 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.
The Secretary of the Board of Health or the Clerk of the Township of Stillwater shall cause notice of the passage of this ordinance be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of Secretary of the Board of Health or the Clerk of the Township of Stillwater as provided in § 420-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
A.
Board of Health ordinances or parts of ordinances inconsistent with
the provisions contained in Part III of 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 Township of Stillwater which is not
in conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
The adoption of Part III of this Code and the repeal of ordinances provided for in § 420-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any Board of Health ordinance adopted subsequent to December 5, 2017.
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 of the Board
of Health 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 of the Board of Health.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Board of Health.
A.
In preparing the revision and codification of the Board of Health
ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical
and nonsubstantive 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
formally amended to read as such.
B.
In addition, the changes, amendments or revisions as set forth in
Board of Health Schedule A attached hereto and made a part hereof
are made herewith, to become effective upon the effective date of
this ordinance. (Chapter and section number references are to the
Board of Health ordinances as they have been renumbered and appear
in the Code.)[1]
[1]
Editor's Note: In accordance with § 420-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 420, General Provisions, Board of Health, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-18-2024 by Ord. No. 2024-10." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature changes. Throughout Part III of the Code, the following
titles have been updated as follows:
A.
Chapter and article titles, headings and titles of sections and other
divisions of Part III of the Code are inserted in the Code and may
be inserted in supplements to the Code for the convenience of persons
using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other
information or referring to the statutes or to other parts of the
Code are inserted in the Code and may be inserted in supplements to
the Code for the convenience of persons using the Code and are not
part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
Part III of the Code in any manner which will cause the laws of the
Board of Health of the Township of Stillwater to be misrepresented
thereby. Anyone violating this section shall be subject, upon conviction,
to a fine of not less than $5 nor more than $500.
This ordinance shall take effect immediately upon passage and
publication according to law.
[Adopted 11-19-1971 (§§ 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.
[1]
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.
A.
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.
B.
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.
C.
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.
