[HISTORY: Adopted by the Board of Health of the Borough of Edgewater as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Board of Health
Article II General Penalty
[Adopted 9-27-2010 by Ord. No. 2010-1]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Edgewater of a general and permanent nature adopted by the Board of Health of the Borough of Edgewater, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 450 through 535, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Edgewater," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede Part III of the 1975 Code of the Borough of Edgewater and all other general and permanent ordinances enacted by the Board of Health prior to the enactment of Part III of the Code of the Borough of Edgewater, 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 Borough 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 Clerk and/or Board of Health Secretary of the Borough of Edgewater by impressing thereon the Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk and/or Board of Health Secretary of the Borough, 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 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 Borough of Edgewater" 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 of the Borough of Edgewater shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Borough. Sufficient copies of the Code shall be maintained in the office of the Clerk and/or Board of Health 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 and/or Board of Health Secretary or someone authorized and directed by the Clerk and/or the Board of Health 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 and/or Board of Health Secretary, or an authorized agent of the Clerk and/or Board of Health Secretary, upon the payment of a fee authorized by the Borough. The Clerk and/or Board of Health Secretary shall 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 Borough of Edgewater to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the penalties provided by law.
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 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 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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to October 24, 2005.
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 which 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.
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 Board of Health 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.
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.)
Editor's Note: In accordance with § 1-14B, 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 450, 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) 9-27-2010 by Ord. No. 2010-1." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
[Adopted 6-14-1976 by Ord. No. 76-1; amended in its entirety at time of adoption of Code (see Ch. 450, General Provisions, Board of Health, Art. I)]
Unless another penalty is otherwise provided, any person violating or failing to comply with any of the provisions of any chapter or article of this Code adopted by the Board of Health, or any standard code adopted under such chapter or article and made a part thereof, shall, upon conviction, be punishable by a fine of not less than $25 nor more than $500 for each offense.
The continuation of such violation for each successive day shall constitute a separate offense, and the person or person allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The court may cause a person who refuses or neglects to pay the amount of a judgment rendered against him, and all costs and charges incident thereto, to be committed to the county jail for a period not exceeding 90 days.
In case a person shall have been twice convicted within the space of six months of the violation of the same health ordinance or code and due proof of such fact is made, the court may, in addition to the imposition of the penalty prescribed by Subsection A of this section, cause said person to be imprisoned in the county jail or county workhouse, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty.
Notwithstanding the foregoing, each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than $50 nor more than $1,000. Each such penalty shall be sued for and recovered in a civil action, in any court of competent jurisdiction, by and in the name of the State Department of Health or by and in the name of the local board of health of the municipality in which the violation occurred. Any penalty recovered in any such action shall be paid to the plaintiff therein. When the plaintiff is the State Department of Health and Senior Services, the penalty recovered shall be paid by the Department to the State Treasurer. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.
Editor's Note: See Title 8 of N.J.A.C.