[Adopted 3-19-2014 by Ord. No. 2-19-2014]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the Borough of Haledon of a general and permanent nature adopted by the Board of Health of the Borough of Haledon, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 410 through 466, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Haledon," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1984 Code and
all general and permanent ordinances enacted prior to the enactment
of this Code, 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 the 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 Secretary of the Board
of Health of the Borough of Haledon, as provided by law, and such
certified copy shall remain on file in the office of the 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 Part III
of 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 Haledon" 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 Clerk of the Borough of Haledon or the Secretary of the
Board of Health, pursuant to law, 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 or 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 or Secretary or someone authorized
and directed by the Clerk or 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, or an authorized agent of the Clerk, upon
the payment of a fee to be set by the governing body. The Clerk may
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 Haledon 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 Part III 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
which are inconsistent with the any provision in the Code are hereby
repealed to the extent of such inconsistency as of the effective date
of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 410-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to 5-19-1994.
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.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G.
Any ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the Borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.
Any ordinance relating to or establishing a pension plan or pension
fund for Board of Health employees.
A.
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 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.
Throughout the Code statutory references have been updated to reflect
the current statute.
C.
In addition, the changes, amendments or revisions as set forth below
in Schedule A 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 § 410-14C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout Part III of the Code by a footnote referring to Chapter 410, 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) 3-19-2014 by Ord. No. 2-19-2014." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
