[Adopted 10-18-2017 by Ord. No. 17-02]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the City of Englewood of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 450 through 534, are hereby approved, adopted, ordained and enacted as the "Part III, Board of Health Legislation, of the Code of the City of Englewood," hereinafter known and referred to as the "Part III of the City Code."
This ordinance and Part III of the City Code shall supersede
all other general and permanent Board of Health 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 specifically repeals Ordinance No. 2003-02, adopted by the
Board of Health on November 10, 2003, which provided for the adoption
of the 2003 Revised Health Code of the City of Englewood.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of Part III of the City Code in loose-leaf form has 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 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 City of Englewood by impressing thereon the Seal of the City,
as provided by law, and such certified copy 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 Part
III of the City Code is in effect.
Any and all additions, amendments or supplements to Part III
of the City Code, when passed and adopted by the Board of Health 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 the City Code so that reference to the "Part III of the City
Code of the City of Englewood" 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 Secretary of the Board of Health of the City of Englewood,
pursuant to law, shall cause this Adopting Ordinance to be published,
in the manner required, in a newspaper of general circulation in the
City. Sufficient copies of Part III of the City 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
this Adopting Ordinance, coupled with availability of copies of Part
III of the City 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 Secretary of the Board of Health
or someone authorized and directed by the Secretary to keep up-to-date
the certified copy of the book containing Part III of the City 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 Part III of the City Code, or any chapter or portion
of it, may be purchased from the Secretary, or an authorized agent
of the Secretary, upon the payment of a fee authorized by the City.
The Secretary shall also arrange for procedures for the periodic supplementation
of Part III of the City Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of Part III of the
City Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Board of Health of the City of Englewood
to be misrepresented thereby. Anyone violating this section or any
part of this ordinance shall be subject, upon conviction, to a fine
of not more than $1,000 plus imprisonment for not more than 90 days
or a period of community service not exceeding 90 days, in the discretion
of the Judge imposing the same.
Each section of Part III of the City 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.
A.
Except as provided in § 450-30, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in Part III of the City Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Board of Health of the City of Englewood which is not in conflict with the provisions of Part III of the City Code shall be deemed to remain in full force and effect.
A.
Any ordinance
adopted subsequent to November 9, 2016.
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 license,
right or privilege heretofore granted or conferred by the Board of
Health.
F.
Any ordinance
or resolution authorizing the Board of Health of the City of Englewood
to enter into, execute or assume a contract or contracts.
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 City's
indebtedness.
H.
Any pension
or tenure right of any officer or employee of the Department of Health
of the City of Englewood or any pension or benefit of any retired
officer or employee.
I.
Any provision
of any ordinance or resolution or employment agreement providing for
the payment of compensation, salary or wages of, or the method of
payment to, any Department of Health official, officer or employee,
or providing for additional compensation with respect thereto, or
providing for any other benefit or allowance, whether monetary or
otherwise.
J.
Any provision
of any ordinance or resolution creating any position or office, or
fixing the duties or responsibilities thereof, which is not provided
for in the Part III of the City Code and which is not in conflict
with or inconsistent with the provisions of Part III of the City Code.
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.
In addition,
the changes, amendments or revisions as set forth in Schedule A attached
hereto and made a part hereof 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: Schedule A, which contains a complete description
of all changes, is on file in the Board of Health offices.
