[HISTORY: Adopted by the Board of Health of the Township
of Cranford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-24-2017 by Ord. No. 2017-13]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Township of Cranford of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 446 through 472, are hereby approved, adopted, ordained and enacted as "Part III, Health Legislation, of the Code of the Township of Cranford," hereinafter known and referred to as "Part III of the Township Code."
This ordinance and Part III of the Township 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 shall take effect immediately upon passage and
publication according to law.
A copy of Part III of the Township 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 Township of Cranford by impressing thereon the Seal
of the Township, 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 Township Code is in effect.
Any and all additions, amendments or supplements to Part III
of the Township 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 the Township Code so
that reference to "Part III of the Township Code of the Township of
Cranford" 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 Township of Cranford,
pursuant to law, shall cause this Adopting Ordinance to be published,
in the manner required, in a newspaper of general circulation in the
Township. Sufficient copies of Part III of the Township 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 Township 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 or someone authorized
and directed by the Secretary to keep up-to-date the certified copy
of the book containing Part III of the Township 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 Township 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 Township.
The Secretary shall also arrange for procedures for the periodic supplementation
of Part III of the Township 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
Township 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 Township of
Cranford 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 $500, in the discretion of the Judge imposing
the same.
Each section of Part III of the Township 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.
Except as provided in § 440-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in Part III of the Township 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 Township of Cranford which is not in conflict with the provisions of Part III of the Township Code shall be deemed to remain in full force and effect.
The adoption of Part III of the Township Code and the repeal of ordinances provided for in § 440-12 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 May 23, 2017.
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
Township of Cranford 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 Township's indebtedness.
H.
Any pension or tenure right of any officer or employee of the Department
of Health of the Township of Cranford 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 Part III of the Township Code and which is
not in conflict with or inconsistent with the provisions of Part III
of the Township 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 below
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)
Chapter 465, Sanitary Standards.
(a)
Section 465-10A is amended as follows: "The Public Health Nuisance Code of New Jersey (1953) is hereby adopted, with the exception of Section 2.1a and b."
(b)
Original § 250-11A and B which adopted the Retail
Food Establishment Code of New Jersey (1965) are repealed.
(c)
The definition of "food handler's certification" in § 465-11D(1) is amended to read "food handler's certificate" and to change "Board of Health of Westfield" to "Board of Health of Cranford."
(d)
Section 465-12 is amended to read as follows: "Public swimming pools shall be subject to the State Sanitary Code, N.J.A.C. 8:26, Public Recreational Bathing."
(e)
Section 465-13 is amended to read as follows: "Food and beverage vending machines shall be subject to the State Sanitary Code, N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines."
(f)
Original § 250-15, Weed control, is repealed.
