This book shall be known and may be cited as the "Revised General Ordinances of the Board of Health of the Borough of Ramsey, 2004", and is herein referred to as the "Board of Health Code."
[1972 Code § 212.001]
As used in this Code, the following terms shall have the meanings indicated:
- APARTMENT HOUSE
- A building or portion thereof, which is rented, leased, let or hired out to be occupied or is occupied as a house, home or residence by two or more families living independently of one another and doing their cooking and sleeping upon the premises.
- The Board of Health of the Borough of Ramsey.
- The Borough of Ramsey.
- Any person engaged in the business of keeping, driving, or slaughtering any cattle or selling any meat.
- Any house, place or establishment intended to be used or occupied as the living quarters, temporarily, by five or more persons for a period of three or more consecutive days.
- Any person who harbors an infectious agent of disease, but who, at the same time, may or may not have symptoms of the disease.
- Means and includes cows, bulls, calves, horses, mules, asses, sheep, goats and swine.
- The lowest story of any building, dwelling or tenement house, of which 1/3 or more of the height from the floor to the ceiling is below ground level.
- CHILL ROOM
- A room which is cooled sufficiently to prevent spoilage of food which is intended for sale or frozen food processing.
- The thorough removal of contaminating material or materials.
- CODE or HEALTH CODE
- The Revised General Ordinances of the Board of Health of the Borough of Ramsey, unless some other Code is expressly indicated or referred to.
- COMMUNICABLE DISEASES
- Any infectious or contagious disease so declared or defined by law or by this Code or which has been or may hereafter be declared as "communicable disease" by this Board or by the State Department of Health.
- Shall be synonymous with "package" as herein defined.
- CONTACT SUSPECT
- Any person who has been sufficiently near or exposed to any infected person or animal to make probable the transmission of any infectious or causative agent to such person.
- DENSE SMOKE
- Smoke which is so heavy and thick as to prevent the seeing of objects through it at the point of emission into the external air.
- The application of any disinfectant materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organism.
- Any building, or portion thereof, which is occupied, or is intended to be occupied, as a residence or sleeping place of one or more individuals, families or households.
- Every part of any marine animal.
- FRESH MEAT
- Meat from animals recently slaughtered and properly cooled until delivered to the consumer. The term "animals" as used in this section shall include not only mammals, but fish, fowl, crustaceans, mollusks and all other animals used as food.
- FRESH MEAT PRODUCTS
- Means and includes all meat trimmings, meat by-products and meat products made from fresh meat, except such products as are sold in a smoked, salted or cured condition.
- FROZEN FOOD
- Food and foodstuffs which have been frozen solid with or without the addition of uncontaminated water.
- FROZEN FOOD LOCKER PLANT
- Any place artificially cooled to or below a temperature of 32° above zero Fahrenheit in which articles of food are sharp-frozen and stored in lockers being rented to the public.
- FROZEN FOOD PROCESSING PLANT
- Means and includes any place where food is cleaned, cut, prepared, chilled, blanched, sharp-frozen and packaged for "frozen food".
- FROZEN FOOD VEHICLE
- Any type vehicle in which frozen food is transported, or from which the same is sold or distributed.
- Animal and/or vegetable waste solids resulting from the handling, preparation, cooking and/or consumption of foods, spoiled and condemned foods, small dead animals and similar facsimile usually considered as garbage.
- Separation of a person infected, or suspected of being infected, with a communicable disease, or a carrier of the infectious or causative agent of a communicable disease from other persons, in such a manner as will prevent the direct or indirect conveyance of the infectious or causative agent to other persons.
- Any building, yard, enclosure, premises or lot of ground used as a commercial establishment for the keeping, raising, breeding or boarding of dogs or other small animals.
- A store, cellar, stand and place at or in which the business of buying, selling or keeping for sale any meat, dairy products, fowl, fish, vegetables, or other foods for human consumption, is conducted or maintained.
- MATERNITY HOME
- Any home, house or other place conducted or maintained by any person advertised or held out by such person as a maternity or obstetrical home, hospital, sanitarium or place where one or more women, during pregnancy, labor or lying-in period, are attended, or intend to be attended, professionally or otherwise, during any pregnancy, labor or lying-in-period.
- Means and includes every part of any animal (whether mixed or not with any other substance).
- MEMBER OR MEMBERS
- Those persons duly appointed by the Mayor and confirmed by the Borough Council to constitute the Board of Health.
- The presence of any written, printed, or graphic matter, upon or accompanying products or containers of products, which is false or misleading, and affects the public health or which violates any applicable State or local labeling requirements under jurisdiction of the Board of Health.
- A calendar month unless otherwise specifically provided.
- MULTIPLE FOOD VENDING MACHINE
- A vending machine other than one limited solely to dispensing either beverages or confectionary, which dispenses more than one variety of food deemed perishable by the Board of Health.
- Any condition which is dangerous to human life or health or that which renders air, water, soil or any type of food hazardous or injurious to human life or health and as otherwise herein defined.
- A person licensed as such under the laws of the State of New Jersey.
- NURSING HOME AND/OR CONVALESCENT HOME
- Any home, house or other place conducted or maintained by any person advertised or held out by such person such as a rest home, hospital, sanitarium where one or more persons are cared for or attended during a convalescent period or the attending of the aged.
- Any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it has been adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
- Any wrapper, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel or other receptacles, but does not include open containers which permit a visual and physical inspection by a purchaser at retail, nor bags and other receptacles which are filled in the presence of a purchaser at retail.
- PERMIT or LICENSE
- A duly authorized permit or license of the Board, issued in accordance with this Health Code, or the regulations of the Board of Health.
- Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- Chickens, ducks, geese, turkeys, guinea fowl, pigeons and all other fowl commonly kept, raised and sold for human consumption.
- PROPERTY AND OTHER PROPERTY
- Unless restricted or limited by the context to either real or personal property, includes both real and personal property.
- PUBLIC PLACES
- Any public place, as well as any restaurant, lunch room, cabin, tavern, bar room, hotel and every establishment or place where food or beverage is sold or offered for sale to the public for consumption on the premises and any camp, trailer camp, tourist home or public recreation place or any other place of business where toilet facilities or water for drinking or culinary purposes are available for the use of the public.
- The restriction of movement of any person who has been exposed to a communicable disease, by confining such person to a restricted area and the exclusion of other persons from that area.
- REAL ESTATE or REAL PROPERTY
- Means and includes lands, buildings and hereditaments or all rights thereto or any interest therein.
- RECORDING THERMOMETER
- A thermometer sufficiently operating and equipped with a recording device and a chart on which the degrees Fahrenheit are recorded continuously.
- Receptacles such as cans, glasses, bottles, crockery, household sweepings, shells, utensils and other items of a similar facsimile and usually of a noncombustible nature.
- The person duly appointed as the Registrar of Vital Statistics by the Board of Health.
- Any regulations, whether general or special, which the Board may from time to time lawfully adopt and issue.
- Those readily combustible materials such as paper, cardboard, excelsior, straw, crates and materials of a similar nature.
- SANITARY INSPECTOR
- Any officer appointed by the Board to aid in the enforcement of the sanitary laws of this State or to aid in the enforcement of the rules, regulations and ordinances of the local Board of Health, except other persons performing principally clerical duties in the office of the Board.
- SHARP FREEZE ROOM OR COMPARTMENT
- Any room or compartment equipped with mechanical refrigeration in which food is quickly frozen to make a frozen food article.
- SMALL ANIMALS
- Means and include rabbits, minks, dogs, guinea pigs and any other small animals kept or raised for commercial purposes or kept and raised for sale or for the production of meat, fur or wool, or kept and raised for exhibition or other purposes or as a source of supply for laboratories, provided, however, that the term "small animals" shall not apply if they total in the aggregate less than five in number.
- STATE BOARD
- The New Jersey State Board of Health or any successor agency thereto.
- STATE DEPARTMENT
- The New Jersey State Department of Health and/or The New Jersey State Department of Environmental Protection.
- STATUTORY PROVISIONS
- Means and includes and provides that the general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 26:3-70, 71. The statutory power to adopt health codes by reference is contained in N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained in this chapter, the State Sanitary Code promulgated by the State Public Health Council is by reason of N.J.S.A. 26:1A-9 enforceable in every municipality in this State.
- Means and includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
- Any person, occupying any lands, premises, house, building or portion thereof, which is rented, leased, let or hired out to be occupied for any purpose whatsoever.
- Garbage, rubbish and refuse as herein defined.
- A calendar year unless otherwise specifically provided.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the Borough are closed, that day shall be excluded.
Whenever a specific time is used in this Board of Health Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Any citation of statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of this Board of Health Code identified by a Roman numeral and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number.
[1972 Code § 211.006; New]
If any chapter, section, subsection or paragraph of this Board of Health Code is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this code.
[1972 Code § 211.999; BH Ord. 7/14/77 § 1; BH Ord. #31 § 1]
The penalty that shall be imposed for any violation of the Sanitary Code shall not be more than $1,000 nor less than $50. Each violation and every day upon which a violation occurs constitutes a separate offense.
All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Borough Treasurer.
[1972 Code, Preface to Sanitary Code]
The State legislature has enacted laws; created State departments, agencies and bureaus, and provided a means of establishing local boards of health. It has delegated to these units the power to augment or supplement the State health laws, to enforce health regulations, to promote the general health of the citizenry, and to establish fees for licenses, permits or certificates. It is the purpose of this section to outline the major sources and a brief outline of the laws and regulations which the local Board of Health shall enforce.
Title 24 — Food and Drugs.
Title 26 — Health and Vital Statistics.
Title 58 — Water and Water Supply.
State Department of Health:
Public Health Council.
New Jersey State Sanitary Code.
The Public Health Council has also developed Codes which can be adopted by reference by local Boards of Health. Ramsey has adopted several of these Codes in its Sanitary Code.
Department of environmental protection. The Ramsey Board of Health assists the Division of Clean Air and Water, State Department of Environmental Protection in the enforcement of the New Jersey Air Pollution Control Code.
Chapter 1, Definitions
Chapter 2, Open Burning
Chapter 3, Municipal Regulations
Chapter 4, Smoke
Chapter 5, Solid Fuel
Chapter 6, Prohibition of Air Pollution
Chapter 7, Solid Particles
Chapter 8, Sulfur Compounds from Industrial Processes
Chapter 9, Permits
Chapter 10, Sulfur in Fuels
Chapter 11, Incinerators
[1972 Code, Preface to the Sanitary Code]
Copies of all State Codes adopted by reference are kept in the files of the Board of Health and are available to the public for study.