This chapter shall be known and may be cited as the "Health
Regulations of the Township of Roxbury, Morris County, New Jersey."
shall mean that department of the Township of Roxbury that
enforces the Public Health and Environmental Regulations, as established
herein and in the Revised General Ordinances of the Township of Roxbury,
in Ordinance #1-82, S2-18.
shall mean any act of local legislation heretofore or hereafter
adopted, and including this revision, 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.
shall mean any individual, natural persons, partner-ships,
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.
shall include and provide that the general power to adopt
health ordinances is contained in R.S. 26:3-31. The penalties that
may be provided for a violation of health provisions are contained
in R.S. 26:3-70, 71. The statutory power to adopt health codes by
reference is contained in R.S. 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 R.S.
26:1A-9 enforceable in every municipality in this State.
shall include 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.
shall mean any product made from the tobacco plant for the
purpose of smoking, chewing, inhaling and other personal use including
cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any
form.
shall mean the Township of Roxbury in the County of Morris
and State of New Jersey.
shall mean any automated, self-service device which, upon
insertion of money, tokens or any other form of payment, and whether
accessed directly or indirectly or by remote control, dispenses cigarettes
or any other tobacco products.
shall mean a calendar year unless otherwise specifically
provided.
For the purpose of this revision 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 township are closed, that day shall be excluded.
Whenever a specific time is used in this revision, 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
revision 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 the revision 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.
If any section, subsection of paragraph of this revision is
declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such 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 sections,
subsections or paragraphs of this revision.
a.
Maximum penalty. Any person violating any of the provisions of this
revision shall, upon conviction thereof, pay a penalty of not less
than twenty-five ($25.00) dollars nor more than one thousand ($1,000.00)
dollars for each offense. Complaint shall be made in the municipal
court of the township or before such other judicial officer having
authority under the laws of the State of New Jersey. In addition,
the court shall have the power to impose other penalties provided
by R.S. 26:3-77 and R.S. 26:3-78.
b.
Separate violation. Except as otherwise provided, each and every
day in which a violation of any of the provisions of this revision
exists shall constitute a separate violation.
All fees and penalties collected under any provision of this
revision of the codes established herein shall be paid to the township
treasurer.
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 revision.
a.
Power to prevent the sale of food. The health officer may prohibit
the importation into the township or sale of any food, drink or other
item intended for human consumption or use from a source suspected
of being adulterated, contaminated, unsanitary, unhealthy, dangerous
or infected.
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.
a.
Inspection of premises. The division of health, its agents and employees
shall have the right to inspect any premises in the township if they
have reason to believe that any provision of this revision is being
violated or as part of a regular program of inspection.
b.
Search warrant. If the owner or occupant of any premises refuses
to permit entry for the purpose of inspection, the division of health
may apply to the municipal judge for a search warrant. The application
shall be based upon an affidavit setting forth that the inspection
is part of a regular program of inspection or that conditions and
circumstances provide a reasonable basis for believing that a nuisance
or unsanitary or unhealthy condition exists on the premises. If the
judge is satisfied as to the matter set forth in the affidavit, he
shall authorize the issuance of a search warrant permitting access
to and inspection of the premises.
It shall be unlawful for any person to obstruct, hinder, interfere,
delay, resist or prevent a division of health agent or employee from
having full access to any place or premises upon which a violation
of this chapter is believed to exist.
