There shall be in and for the Town of Boonton a Board of Health,
in accordance with "An Act to establish in this State Boards of Health
and a Bureau of Vital Statistics and to define their respective powers
and duties," approved March 31, 1887, and the acts supplementary thereto
and amendatory thereof.
[Amended 2-5-2018 by Ord.
No. 2-2018]
A. Said Board of Health shall consist of five members and two alternate
members to be appointed by the Mayor and Board of Aldermen of the
Town of Boonton pursuant to N.J.S.A. 26:3-3. All members must be residents
of the Town, except that upon the consent of the prospective appointee,
the governing body may appoint a school nurse or the municipal physician
to the local board, notwithstanding that the nurse or physician is
not a resident of the Town.
(1) No member of the Board of Health may act on any matter in which he/she
has either directly or indirectly any personal or financial interest.
B. Members.
(1) Category 1, three members: two-year initial terms following appointment;
and Category 2, two members: one-year initial terms following appointment.
(2) The Mayor and Board of Aldermen may appoint as a member one member
of the governing body who shall also act as a liaison.
(3) After the initial terms, each member newly appointed or reappointed
will serve a two-year term.
(4) All members of the Board of Health shall hold said office for the
terms indicated above, except in the case of vacancies. Members appointed
to fill a vacancy caused otherwise than by the expiration of the term
of office shall fill the vacancy for the unexpired term only.
C. Alternate members.
(1) Alternate 1, one member: two-year initial term following appointment;
and Alternate 2, one member: one-year initial term following appointment.
(2) After the initial terms, each alternate member newly appointed or
reappointed will serve a two-year term. Alternate members appointed
to fill a vacancy caused otherwise than by the expiration of the term
of office shall fill the vacancy for the unexpired term only.
(a)
An alternate member shall not be permitted to act on any matter
in which he has either directly or indirectly any personal or financial
interest.
(b)
An alternate member may, after public hearing if he requests
one, be removed by the governing body for cause.
(c)
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate 1
shall vote first.
(d)
Alternate members, in order of their seniority, shall be the
expected Board of Health replacement(s), should a Board of Health
member vacate his/her appointed position on the Board of Health.
Said Board of Health shall appoint a Registrar of Vital Statistics
and Clerk, and it may also appoint such officers or assistants as
said Board of Health may deem necessary. All appointees of said Board
of Health shall be governed by the rules of said Board, and they may
be removed for cause by said Board. The police officers of the Town
of Boonton shall promptly report to the Board of Health every violation
of the health ordinances of the Town of Boonton which may come within
their observation or knowledge.
There shall be a Health Officer of the Board of Health, who
shall be responsible to the Board of Health. The Health Officer shall
hold all necessary licenses. The Health Officer shall, subject to
the superior authority of the Board, be the general agent of the Board
for the enforcement of its ordinances and the sanitary laws of the
State of New Jersey.
The Board may employ such other personnel as it deems necessary,
including technicians, inspectors and others necessary to carry out
the powers vested in the Board by law and by this article. All such
personnel shall be appropriately licensed, where required.
Officers and employees of the Board of Health, by virtue of
their respective appointments, shall be vested with the power and
authority to make any and all inspections or examinations under the
statutes of this state required to be made by local Boards of Health
or required by any code, ordinance, regulation or order of the Board.
They shall report to the Health Officer any violations occurring in
the interim between meetings of the Board, and all persons are hereby
forbidden to interfere with or obstruct such inspections or examinations.
Whenever the Health Officer finds that the public safety will
not permit delay, he may exercise one or more of the following powers
without having to resort to legal proceedings and without the necessity
of giving notice or holding any hearing which would otherwise be required
under any provision of this chapter:
A. Power to prevent the sale of food. The Health Officer may prohibit
the importation into the Town or sale of any food, drink or other
item intended for human consumption or use from a source suspected
of being infected, contaminated, unsanitary, unhealthy or dangerous.
B. Power to seize and destroy unwholesome food. The Health Officer may
order the seizure and destruction of any food, drink or other item
intended for human consumption which is unwholesome or dangerous or
likely to cause sickness or injury to the persons who consume it.
The Board of Health may by resolution make rules and regulations
which interpret or amplify any provision of this chapter or for the
purpose of making the provisions of this chapter more effective. No
regulation shall be inconsistent with, alter or amend any provision
of this chapter, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this chapter.
The Board of Health shall have the power to adopt ordinances
and codes as provided in N.J.S.A. § 26:3-64 et seq.
Said Board of Health shall not contract any debts of any kind
beyond the amount of the appropriation first made for its use by the
Mayor and Board of Aldermen.