[New]
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:
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.
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.
The Revised General Ordinances of the Board of Health of
the Borough of Ramsey, unless some other Code is expressly indicated
or referred to.
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.
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.
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.
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.
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.
Food and foodstuffs which have been frozen solid with or
without the addition of uncontaminated water.
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.
Means and includes any place where food is cleaned, cut,
prepared, chilled, blanched, sharp-frozen and packaged for "frozen
food".
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.
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).
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.
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.
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.
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.
Unless restricted or limited by the context to either real
or personal property, includes both real and personal property.
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.
Means and includes lands, buildings and hereditaments or
all rights thereto or any interest therein.
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.
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.
Any room or compartment equipped with mechanical refrigeration
in which food is quickly frozen to make a frozen food article.
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.
The New Jersey State Board of Health or any successor agency
thereto.
The New Jersey State Department of Health and/or The New
Jersey State Department of Environmental Protection.
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.
[New]
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.
[New]
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.
a.Â
State Legislature:
Title 24 — Food and Drugs.
Title 26 — Health and Vital Statistics.
Title 58 — Water and Water Supply.
b.Â
State Department of Health:
1.Â
Public Health Council.
(a)Â
New Jersey State Sanitary Code.
|
Chapter I
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Local Boards of Health and Personnel
| |
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Chapter II
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Reportable Diseases
| |
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Chapter III
|
Animals and Birds: Importation, Quarantine and Herd Testing
Program
| |
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Chapter IV
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Laboratories
| |
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Chapter V
|
Preparation, Handling, Transportation, Burial and Disinterment
of Dead Human Bodies
| |
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Chapter VI
|
Boarding Homes for Children
| |
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Chapter VII
|
Production, Distribution and Sale of Certified Milk, Cream and
Skim Milk
| |
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Chapter VIII
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Body Art Procedure
| |
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Chapter IX
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Public Recreational Bathing
| |
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Chapter X
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Blood Banks
| |
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Chapter XI
|
Public Campgrounds
| |
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Chapter XII
|
Sanitation in Retail Food Establishments and Food and Beverage
Vending Machines
|
(b)Â
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.
|
Chapter
|
Weed Control Code of N.J. 1953 (Noxious Weeds)
| |
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Chapters 270 and 271
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Swimming Pool Code of N.J. 1955.
| |
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Chapter 241
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Food and Beverage Vending Machine Code of N.J. 1961.
| |
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Chapter 225
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Solid Waste Code
| |
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Individual Standards for Subsurface Sewage Disposal Systems
N.J.S.A. 7:9A-13 et seq. (1989)
|
(c)Â
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.
