[Adopted 5-4-2009 by Ord. No. O-01-09]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Wharton of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters 337 through 386, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Wharton," 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.
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 the Adopting Ordinance; and if the Adopting 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 Secretary
of the Board of Health, 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 Wharton" 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 Secretary of the Board of Health, pursuant to law, shall
cause the Adopting Ordinance to be published, in the manner required,
in a newspaper of general circulation in the Borough of Wharton. 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 the 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 the Secretary, to keep up-to-date the certified copy
of the book containing the Code required to be filed in the Secretary's
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 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
Code 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 § 337-13 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 23,
2008.
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 agreement, 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 employment, 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.
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 changes, amendments or revisions as set forth in
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 ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 337-15B, 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 Ch. 337, General Provisions, Board of Health, Art. III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 5-4-2009 by Ord. No. O-01-09." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
