[Adopted 10-3-2011]
A.
Unless otherwise provided elsewhere in the Health
Code, in the construction of the Health Code or any amendments hereof
or any supplements hereto, words and phrases shall be read and construed:
(1)
Within their context and, unless inconsistent with
the manifest intent of the Board, as expressed herein.
(2)
Unless another or different meaning is expressly indicated,
such words or phrases shall be given the meanings expressed herein,
or if no such meaning is given, their generally accepted meaning,
according to the approved usage of the language, shall be applied.
(3)
Technical, trade or commercial words and phrases and
words and phrases having a special or accepted meaning in the law
shall be construed in accordance with such technical, trade, commercial
or special and accepted meaning.
(4)
Unless otherwise indicated by the context, the definitions
herein contained shall apply to the terms used in other definitions.
(5)
Unless otherwise indicated by the context, the singular
shall include the plural, and one gender shall include the other genders.
(6)
"Shall" is mandatory; "may" is permissive.
B.
AGENT
BOARD OF HEALTH or BOARD
BOROUGH
FOOD
GARBAGE
HEALTH CODE
LICENSE or PERMIT
NEW JERSEY STATUTES or N.J.S.A.
OFFICER or OFFICIAL (and the title of an officer or official)
ORDINANCE
OWNER
PERSON
PUBLIC PLACE
RETAIL FOOD SERVICE ESTABLISHMENT
RULES AND REGULATIONS
STATE HEALTH CODE
For the purpose of the Health Code, unless otherwise
provided elsewhere in the Health Code, the following words and terms
shall have the meanings indicated:
The authorized agent or authorized agents of the Board of
Health of the Borough of Harrington Park.
The Board of Health of the Borough of Harrington Park, or
its official representative except where otherwise specified, when
the Board is not in session.
The Borough of Harrington Park of Bergen County, State of
New Jersey.
Includes any article used for food or beverage for people
or animals and every ingredient therein, including, without limitation,
all confectionery, condiments, flavorings and other components of
any such article.
The accumulation of animal or vegetable matter, or both,
liquid or otherwise, that tends to decay.
The Health Code of the Borough of Harrington Park as contained
in Part III of the Code of the Borough of Harrington Park, unless
some other code is expressly indicated.
A written authorization which may be granted by the Board
or its agent, upon payment of the required fee, permitting the conduct
of specified acts for the period stipulated and in strict accordance
with the provisions of the Health Code and the Sanitary Code and laws
of the State of New Jersey.
The current body of statutory law of the State of New Jersey
which contains the general and permanent laws, as amended and supplemented.
Construed as if the words "of the Board of Health of the
Borough of Harrington Park" followed it.
Any act of local legislation heretofore or hereafter adopted
by the Board of Health and including the Health Code, so long as it
is adopted by the procedure required for the adoption of an ordinance
and so long as it remains in force and effect pursuant to law, and
shall include amendments thereto.
Any sole owner, part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety of
the whole or of a part of a building or land.
Any natural person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of the Health Code prescribing a penalty
or fine, as applied to partnerships or associations, corporations
or any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section.
A place which is visited and is usually accessible to the
neighboring public and in which the public has an interest as affecting
the safety, health, morals and welfare of the community.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public or nonprofit organization or
institution serving food; catering kitchen; commissary; box lunch
establishment; retail bakery; meat market; or similar place in which
food or drink is prepared for a retail eating or drinking establishment
or operation where food is served, handled or provided for the public
with or without charge, except that agricultural markets, covered-dish
suppers or similar types of church or nonprofit-type institutional
meal services shall meet the special provisions of N.J.A.C. 8:24-1.1
et seq.
Those rules and regulations prescribing or directing action
or forbearance which are required to be followed by the Health Code.
The New Jersey State Sanitary Code, promulgated by the New
Jersey State Department of Health, which has the force and effect
of law and is enforceable by the State Department of Health, the local
boards of health, local police authorities and other enforcement agencies.
In case of conflict with any provision of the
State Sanitary Code or any other state or federal law or regulation,
the more restrictive provision shall prevail. The higher standard
shall be enforced in order to promote and protect the health and safety
of the inhabitants of the Borough Harrington Park.
In the construction of the Harrington Park Health
Code or any part thereof, no analysis of any section or part thereof,
no cross-reference or cross-reference note, no indication of a source
by parenthetical material after a section, no note, no footnote and
no section heading shall be deemed to be part of the Harrington Park
Health Code.
The Board of Health may adopt such rules and
regulations as by law it is permitted, authorized or empowered to
so adopt and which shall, in its judgment, act in the proper understanding
and general enforcement of the Health Code.