[HISTORY: Adopted by the Board of Health of the Township
of Jackson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-21-1972 by Ord. No. H3-72 (Ch. 1, Art. II, of
the 1972 Code)]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of
Health of the Township of Jackson of a general and permanent nature,
as revised, codified and consolidated into chapters and sections by
General Code Publishers Corp., and consisting of Chapters 112 to 142,[1] are hereby approved, adopted, ordained and enacted as
the "Code of the Township of Jackson," 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.
All provisions of this ordinance and the Code shall be in full
force and effect on and after December 21, 1972.
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 the use and examination of the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to 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
Township of Jackson 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
the said Code, as amendments and supplements thereto.
The Secretary of the Board of Health, pursuant to law, shall
cause to be published, in the manner required, a copy of this adopting
ordinance in a newspaper of general circulation in the Township. 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 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 Secretary, or someone authorized
and directed by him, to keep up-to-date the certified copy of the
book containing the Code required to be filed in his 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 thereof, 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 of this ordinance 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 part 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 of a general and permanent nature, adopted by
the Board of Health 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 § 450-11 of this ordinance 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 March
9, 1970.
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 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 employments, positions or offices and fixing duties therefor
which are not provided in the Code hereby adopted and which are not
in conflict or inconsistent therewith.
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 following changes, amendments or revisions 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)
Chapter 120, Food Handlers and Food Handling Control.[1]
(a)
In § 120-7, Application fee (formerly Section 7 of
Ord. No. 2-67H, adopted 4-19-1967), the application fee is raised
from $1 to $15.
[1]
Editor's Note: Original Ch. 120, Food Handlers and Food Handling
Control, of the 1972 Code, was repealed 7-14-1975 by Ord. No. H2-75.
(2)
In the following sections, the penalty provisions were revised to
provide that violators will be punishable by a fine of not more than
$500 nor less than $2, the imposition of such penalties being authorized
by N.J.S.A. 26:3-70 and 26:3-70.1: § 117-7[2] (formerly Section 7 of Ord. No. 4-66H, adopted 10-18-1966);
§ 118-6[3] (formerly Section 6 of Ord. No. 1-66, adopted 4-19-1966);
§ 120-10[4] (formerly Section 10 of Ord. No. 2-67H, adopted 4-19-1967);
§ 122-7[5] (formerly Section 7 of Ord. No. 1-63, adopted 10-18-1963);
§ 126-4[6] (formerly Section 4 of Ord. No. 4-62, adopted 9-20-1962);
§ 128-7[7] (formerly Section 7 of Ord. No. 2-65, adopted 9-21-1965);
§ 134-5[8] (formerly Section 5 of an ordinance adopted 10-6-1958);
§ 136-6[9] (formerly Section 6 of Ord. No. 6-68H, adopted 12-18-1968);
§ 138-10[10] (formerly Section 10 of Ord. No. 2-64, adopted 11-23-1964);
§ 140-11[11] (formerly Section 11 of Ord. No. H2-66, adopted 5-17-1966);
§ 142-9[12] (formerly Section 9 of Ord. No. 1-67H, adopted 3-15-1967).
[3]
Editor's Note: Original § 118-6 of the 1972 Code
was repealed 5-9-1977 by Ord. No. 4-77.
[4]
Editor's Note: Original § 120-10 of the 1972 Code
was repealed 7-14-1975 by Ord. No. H2-75.
[7]
Editor's Note: Original § 128-7 of the 1972 Code
was repealed 1-24-2005 by Ord. No. 03-05.
[8]
Editor's Note: Original § 134-5 of the 1972 Code
was repealed 1-27-1992 by Ord. No. 1-92.
[9]
Editor's Note: Original § 136-6 of the 1972 Code
was repealed 8-27-2001 by Ord. No. 38-01.
[11]
Editor's Note: Original § 140-11 of the 1972 Code
was repealed 1-24-2005 by Ord. No. 03-05.
[Adopted 5-8-2012 by Ord. No. 15-12]
The ordinances of the Board of Health of the Township of Jackson of a general and permanent nature adopted by the Board of Health of the Township of Jackson, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters 450 through 505, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Township of Jackson," hereafter known and referred to as the "Code."
In compiling and preparing the ordinances and 1972 Code for
publication as the 2012 Code of the Township of Jackson, no changes
in the meaning or intent of such legislation have been made. Certain
grammatical changes and other minor nonsubstantive changes were made
in one or more of said pieces of legislation. Chapters, articles and
sections have been renumbered pursuant to the Derivation Table included
at the end of the Code, including all internal references and cross-references.
It is the intention of the Board of Health of the Township of Jackson
that all such changes be adopted as part of the Code as if the ordinances
had been previously formally amended to read as such.
A.
The provisions of Part III of this Code, insofar as they are substantively
the same as those of ordinances and the 1972 Code in force immediately
prior to the enactment of this Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Board of Health of the Township of Jackson, and it is the intention
of said Board of Health that each such provision contained within
Part III of the Code is hereby reaffirmed as it appears in said Code.
B.
For purposes of transition from the 1972 Code to this Code, any reference
to a chapter or section number from the 1972 Code on or in any form,
license, permit, ticket or other Township document shall be deemed
to refer to the corresponding chapter or section in this Code until
such form, license, permit, ticket or other Township document is revised
or reprinted to refer to the numbering in this Code.
This ordinance shall take effect immediately upon passage and
publication according to law.
