[Adopted 10-3-2011]
This ordinance and the Health Code shall supersede all other
general and permanent ordinances of the Board of Health enacted prior
to the enactment of this Health Code, except such ordinances as are
expressly saved from repeal or continued in force and effect hereinafter.
A copy of this ordinance and the Health Code in loose-leaf form
have 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 the Health Code;
and if the Adopting Ordinance and the Health Code shall be adopted,
copies shall be certified as provided by law, and such certified copies
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 Adopting Ordinance and said Health Code
are in effect.
Any and all additions, amendments or supplements to the Health
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 Health Code so that reference to the
"Health Code of the Borough of Harrington Park" shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Health Code shall be adopted,
they shall thereafter be printed and, as provided hereunder, inserted
in the loose-leaf book containing said Health Code, as amendments
and supplements thereto.
The Secretary of the Board of Health, pursuant to law, shall
cause the Adopting Ordinance and the Health Code to be published,
if applicable, in the manner required, in a newspaper of general circulation
in the Borough of Harrington Park. Sufficient copies of this ordinance
and the Health 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 Health Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of the Health 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 Health Code required to be filed in the
Secretary's office for the use of the public. All changes in
said Health Code and all ordinances adopted subsequent to the effective
date of the Health Code, which shall be adopted specifically as part
of the Health Code, shall, when finally adopted, be included therein
by reference until such changes or new ordinances are printed as supplements
to said Health Code, 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 Health Code,
or to alter or tamper with such Health 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 punishment as provided by law.
Each section of this ordinance and the Health 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 and the Health Code 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 part 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
Health Code and not contained in the Health Code are hereby repealed
as of the effective date of this Adopting Ordinance, except as hereinafter
provided.
The adoption of this ordinance and the Health Code and the repeal of ordinances provided for in § 352-10 shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
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.
B.
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.
C.
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.
D.
Any agreement, franchise, license, right, easement or privilege heretofore
granted or conferred.
E.
Ordinances authorizing the purchase, sale, lease or transfer of property,
or any lawful contract or obligation.
F.
Any provisions of an ordinance or resolution of the Board of Health
creating employments, positions or offices and fixing salaries and
duties therefor which are not provided in the Health 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.
