[Adopted 12-6-2004 by Ord. No. BOH2-2004; amended 12-1-2008 by Ord. No. BOH2-2008; 12-5-2011 by Ord. No. BOH2-2011; 8-3-2015 by Ord. Nos. BOH1-2015
and BOH2-2015]
Be it ordained by the Board of Health of the Town of Westfield,
in the County of Union and State of New Jersey as follows:
The Board shall exercise its powers in accordance with N.J.S.A.
26:3-31 et seq. and Title 8 of the New Jersey Administrative Code,
which are hereby incorporated by reference.
All the ordinances of the Board of Health of the Town of Westfield
of a general and permanent nature, as codified, are ordained as general
ordinances and are adopted as part of the Code of the Town of Westfield,
County of Union, State of New Jersey.
All the provisions of that part of the Code of the Town of Westfield,
County of Union, State of New Jersey, adopted by the Board of Health
shall be in force and effect on and after the effective date of this
article.
All ordinances of a general and permanent nature adopted by
the Board of Health of the Town of Westfield prior to December 5,
2011, and contained in this Code of the Westfield Board of Health,
Town of Westfield, County of Union, State of New Jersey, are hereby
repealed from and after the effective date of this article, except
as hereinafter provided in § BOH1-4; and excepting all ordinances
adopted by the Board of Health or Town Council affecting Public Health
or environmental policy not included in this revised Code of the Westfield
Board of Health, Town of Westfield, County of Union, State of New
Jersey.
The repeal provided for in § BOH1-3 of this article
shall not affect:
A. Any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing before the
effective date of this article.
B. Any prosecution, action, suit, or other proceeding pending or any
judgment rendered on or prior to the effective date of this article.
C. Any provision of an ordinance or resolution of the Board of Health
of the Town of Westfield creating employments, positions, or offices
and fixing duties therefore which are not provided in the Code hereby
adopted and which are not in conflict or inconsistent therewith.
Sufficient copies of that part of the Code adopted by the Board
of Health of the Town of Westfield, Union County, New Jersey, have
been filed in the office of the Secretary of the Board of Health of
the Town of Westfield and shall remain there for the use and examination
of the public until final action is taken on this article.
Any and all additions or amendments to said Code, when passed
in such form as to indicate the intention of the Board of Health of
the Town of Westfield to make the same a part hereof, shall be deemed
to be incorporated in said Code so that reference to the Code of the
Town of Westfield shall be understood and intended to include such
additions and amendments.
One copy of that part of the Code adopted by the Board of Health
of the Town of Westfield, Union County, New Jersey, shall be and remain
on file in the office of the Secretary of the Board of Health of the
Town of Westfield and made available to persons desiring to examine
same if this article shall be adopted and while the same shall be
in effect.
Every section of that part of the Code of the Town of Westfield
adopted by the Board of Health and every part of each section is an
independent section or part of a section, and the holding of any section
or part thereof to be unconstitutional, void, or ineffective for any
cause does not affect the validity or constitutionality of any other
section or part thereof.
Each section of the 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 section or part thereof.
This article shall take effect immediately after final adoption
and publication according to law.
In compiling and preparing the ordinances of the Board of Health
of the Town of Westfield for adoption and revision as part of the
Code of the Town of Westfield, County of Union, State of New Jersey,
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 of the Town of Westfield that all
such changes be adopted as part of the Code of the Town of Westfield,
County of Union, State of New Jersey, as if the ordinances so changed
had been previously formally amended to read as such.
No person shall hinder, obstruct or interfere with anyone authorized
or empowered to perform any duties under this code.
Any person, firm or corporation who shall violate any of the
provisions under this code shall, upon conviction, be punished by
a fine of not less than $50 nor more than $2,000, and each day the
same is violated shall be deemed and taken to be a separate and distinct
offense.