][Editor's Note: The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31. The penalties that may be provided for a violation of health provisions are contained in N.J.S.A. 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 N.J.S.A. 26:1A-9 enforceable in every municipality in this State.
This Code shall be known and designated as "The Revised General Ordinances of the Board of Health of the Borough of Rockleigh, 2009," or the "Rockleigh Health Code."
In the construction of this Health Code or any amendments hereof or any supplements hereto, words and phrases shall be read and construed:
Within their context and, unless inconsistent with the manifest intent of the Board, as expressed herein.
Unless another or different meaning is expressly indicated, such words or phrases shall be given the meanings expressed herein, or if no such meaning is given, their generally accepted meaning, according to the approved usage of the language, shall be applied.
Technical, trade or commercial words and phrases and words and phrases having a special or accepted meaning in the law shall be construed in accordance with such technical, trade, commercial or special and accepted meaning.
Unless otherwise indicated by the context, the definitions herein contained shall apply to the terms used in other definitions.
Unless otherwise indicated by the context, the singular shall include the plural and one gender shall include the other genders.
For the purpose of this Code, the following words and terms shall mean:
- Shall mean the authorized agent or authorized agents of the Board of Health of the Borough of Rockleigh.
- Shall mean the Board of Health of the Borough of Rockleigh, New Jersey.
- BOARD OF HEALTH
- Shall mean the Board of Health of the Borough of Rockleigh, or its official representative except where otherwise specified, when the Board is not in session.
- Shall mean the Borough of Rockleigh, County of Bergen, State of New Jersey.
- Shall mean the thorough removal of contaminating material or materials.
- Shall mean the Health Code of the Borough of Rockleigh unless some other code is expressly indicated.
- Shall mean the Department of Health of the Borough of Rockleigh, New Jersey.
- Shall mean and includes any article used for food or beverage for people or animals and every ingredient therein, including, without limitation, all confectionery, condiments, flavorings and other components of any such article.
- Shall mean the accumulation of animal or vegetable matter, or both, liquid or otherwise, that tends to decay.
- Shall mean a written authorization which may be granted by the Board or its agent, upon payment of the required fee, permitting the conduct of specified acts for the period stipulated and in strict accordance with the provisions of this Code and the Sanitary Code and laws of the State of New Jersey.
- LICENSE OR PERMIT
- Shall mean a duly authorized license or permit granted by the Board and issued in accordance with this Code, the regulations of the Board or applicable State statutes or regulations.
- Shall mean one of the persons who shall constitute the Board of Health of the Borough of Rockleigh.
- NEW JERSEY STATUTES OR N.J.S.A.
- Shall mean the current body of statutory law of the State of New Jersey which contains the general and permanent laws, as amended and supplemented.
- Shall mean any condition which is dangerous to human life or health or which renders air, water, soil or any type of food hazardous or injurious to human life or health.
- OFFICER OR OFFICIAL (and the title of an officer or official)
- Shall be construed as if the words "of the Board of Health of the Borough of Rockleigh" followed it.
- Shall mean any act of local legislation heretofore or hereafter adopted by the Board of Health and including this Revision, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law, and shall include amendments thereto.
- Shall mean any sole owner, part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of a building or land.
- Shall mean a temporary authorization to do a single act or acts of short duration, but in all other respects shall be the same as a license.
- Shall mean any natural person, individual, firm, trust, partnership, association, corporation or any other legal entity. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as applied to partnerships or associations, corporations or any other legal entity, the word includes officers, managers, agents or employees thereof who are responsible for any violation of that section and "he," "his," or "him," shall include persons of the female gender.
- PUBLIC PLACE
- Shall mean a place which is visited and is usually accessible to the neighboring public and in which the public has an interest as affecting the safety, health, morals and welfare of the community.
- RETAIL FOOD SERVICE ESTABLISHMENT
- Shall mean any fixed or mobile restaurant; coffee shop, cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; or similar place in which food or drink is prepared for a retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge, except that agricultural markets, covered dish suppers or similar types of church or nonprofit-type institution meal services shall meet the special provisions of Chapter 24 of the New Jersey State Sanitary Code.
- RULES AND REGULATIONS
- Shall mean those rules and regulations prescribing or directing action or forbearance which are required to be followed by this Health Code.
- SMALL ANIMALS
- Shall mean and includes cats, dogs, guinea pigs, rabbits, domestic rodents or any other small animal kept or raised as pets or for other noncommercial purposes; provided, however, that the term "small animals" shall not apply if they total in the aggregate fewer than three (3) of the same species, except for dogs or cats under the age of six (6) months or other small animals young enough to require the care of the mother animal.
- STATE DEPARTMENT
- Shall mean the New Jersey State Department of Health.
- STATE HEALTH CODE
- Shall mean the New Jersey State Sanitary Code, promulgated by the New Jersey State Department of Health, which has the force and effect of law and it is enforceable by the State Department of Health, the local boards of health, local police authorities and other enforcement agencies.
- USE OF SHALL AND MAY
- Shall is mandatory; may is permissive.
The provisions of Chapter 1 of the "Revised General Ordinances of the Borough of Rockleigh, 2009," in the County of Bergen concerning construction shall apply to all chapters adopted by the Board of Health.
If any section, paragraph, subparagraph, clause or provision of this Health Code shall be adjudged invalid, illegal or unconstitutional, such adjudication shall apply only to the specific chapter, section, paragraph, subparagraph, clause or provisions so adjudged and the remainder of the Health Code shall be deemed valid and effective.
In case of conflict with any provision of the State Sanitary Code or any other State or Federal law or regulation, the more restrictive provision shall prevail. The higher standard shall be enforced in order to promote and protect the health and safety of the inhabitants of the Borough of Rockleigh.
All references in the Rockleigh Health Code to chapters, Articles or sections are to chapters, Articles or sections of the Rockleigh Health Code. Such references to chapters or Articles shall be construed to refer to all the sections within the chapters or Articles to which such references are made, unless otherwise expressly provided.
In the construction of the Rockleigh Health Code or any part thereof, no analysis of any section or part thereof, no cross-reference or cross-reference note, no indication of a source by parenthetical material after a section, no note, no footnote and no section heading shall be deemed to be part of the Rockleigh Health Code.
Violations of Board of Health Code. Any person violating any of the provisions of any chapter of this Code or ordinance adopted by the Board of Health of the Borough shall, upon conviction thereof, pay a penalty of not less than five ($5.00) dollars, nor more than five hundred ($500.00) dollars for each offense. Complaint shall be made in the Municipal Court of the Borough 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 N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78. (N.J.S.A. 26:3-70)
For any and every violation of the provisions of this Health Code, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist and every person who violates, commits, takes part or assists in the violation of this Health Code shall, upon conviction, be liable for the penalty stated above. (N.J.S.A. 26:3-70)
Violations of the State Sanitary Code. Each violation of any provision of the State Sanitary Code shall constitute a separate offense and shall be punishable by a penalty of not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars. (N.J.S.A. 26:1A-10)
Pursuant to N.J.S.A. 2A:58-1 et seq., the Penalty Enforcement Law, all fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Board of Health of the Borough of Rockleigh.
The Judge of the Municipal Court may cause a defendant who refuses or neglects to pay the amount of a judgment rendered against him and all costs and charges incident thereto to be committed in the County Jail for a period not exceeding ninety (90) days.
In case a defendant shall have been twice convicted, within the space of six (6) months, of the violation of the same ordinance, or the same provisions of this Code, and due proof of such fact is made, the Court may, in addition to the imposition of the penalty prescribed by this section, cause the defendant to be imprisoned in the County Jail. (N.J.S.A. 26:3-78)
This Board of Health shall have the right to enter in or upon any building or premises at any hour of the day to determine whether the provisions of this Code are being followed or obeyed. It shall be unlawful for any person to interfere with any inspection being made by the Board of Health or any inspector thereof.
This Board of Health Code shall be enforced by the members of the Board of Health and the Health Officer or such other person or officers as shall be designated by the Board of Health.
Any member of this Board or any of its agents may make the inspections and examinations required to be enforced by this Board, any provision of the Code, or any ordinance, regulation, resolution, or order of this Board, except specific inspections requiring a professional license (i.e., Retail Food Inspections), upon exhibiting a certificate of authority under the seal of this Board, and, in making the inspection and examination, it shall be lawful for the person to enter in or upon any premises for the purpose of health protection.
Any person who shall prevent, obstruct, or resist any member of this Board, its officers, or agents acting under and by the authority of this Board in the performance of his/her duty shall be subject to a fine, upon conviction, as stated in Section BH1-3.
Every notice or order required to be served by this Board may be served personally by any member of this Board or any of its agents, or by any member of the Police Department. Notice may be served by mail, addressed to the last known place of residence, or by posting it in a conspicuous place on the premises.
Editor's Note: The Borough Board of Health has entered into an agreement with the County of Bergen for health services.
The Board of Health may institute an action of law to recover costs incurred by it in the removal or abatement of any nuisance from any person who shall have caused or allowed such nuisance to exist or from any owner, tenant, or occupant of premises who, after notice in writing, fails to abate the nuisance within such time as shall be specified therein, but not less than five (5) days from the date of service thereof. A duplicate of the notice shall be left with one (1) or more of the tenants or occupants of the premises. If the owner resides out of State or cannot be so notified speedily, such notice shall be left at that place or premises with a tenant or occupant thereof, or posted on the premises, and such action shall be considered proper notification to the owner, tenant, or occupant thereof.
[N.J.S.A. 10:4-6 et seq.]
Organization. The Board shall organize annually, on the first day of January in each year or as soon thereafter as may be feasible, at which time it shall elect, by a majority vote of all the members of the Board and from its members, a President and a Vice President. The Board, as appointed by the Mayor with the advice and consent of the Borough Council, shall consist of five (5) members, in accordance with N.J.S.A. 26:3-3.
All meetings of the Board of Health of the Borough of Rockleigh shall be held at the Borough Hall, 26 Rockleigh Road, Rockleigh, New Jersey, at 7:30 p.m. and shall be properly advertised pursuant to the provisions of the Open Public Meetings Act.
Regular meetings shall be held on the third Wednesday, quarterly, March, June, September and December. Special meetings may be called at any time by the President or upon request of four (4) members of the Board. Four (4) members shall constitute a quorum for the transaction of business by the Board. All regular meetings of the Board shall be open to the public. Special meetings may be declared closed for the purposes of executive session by a majority vote of the members present. In the cases of special meeting, notice shall be given to all members of the Board, in writing, at least forty-eight (48) hours prior to the time fixed for holding the same.
All meetings shall be conducted according to Robert's Rules of Order, except as this Code provides otherwise.
Order of Business. At the meetings of the Board, the order of business shall be as follows, unless otherwise determined by resolution:
Approval of the minutes of the previous meeting.
Report of committees and officers.
Report of Health Officer.
Reports of Secretary and Registrar of Vital Statistics.
Open and close meeting to the public.
Appointments. The Board shall appoint by majority vote at its first annual meeting a Health Officer and Secretary. The Board shall accept the Attorney and Animal Control Officer as appointed by the Mayor and Council of the Borough of Rockleigh. The Registrar of Vital Statistics shall be appointed in accordance with the provisions of N.J.S.A. 26:8-13. The Board shall have the power to employ such additional services as it may deem necessary and may delegate discretionary authority to appointees of the Board when such action is dictated by emergency. The salaries or other forms of compensation of the aforesaid appointees shall be such as is fixed at the time of their appointment by a resolution of the Board, subject to review and approval by the appropriate financial agency of the municipal government.
Counsel. The Counsel shall be the legal adviser of the Board and shall, when required, attend its meetings. The Counsel shall, when authorized to do so by the Board, represent it in all litigation to which it may be a party and perform all such other legal services as may, from time to time, be required.
Duties of the Officers. The President shall preside at all meetings of the Board and shall appoint all committees. During the intervals between regular meetings, the President shall represent the Board in all executive and judicial matters.
Duties of Appointees.
The Secretary shall keep the minutes of all the proceedings of the Board; shall conduct all the official correspondence of the Board; shall maintain proper copies of the same; shall tabulate and complete all reports required by any superior authority, local, State or national; and shall make such other reports as may be required or directed by the Board. The Secretary shall procure all books, stationery and other supplies as may be required by the Board and shall keep adequate records of all applications for permits and licenses and the action of the Board, if any, thereon and all such other pertinent information as may be necessary for a complete record of each such matter.
The Registrar of Vital Statistics shall keep all such records of that office as required by the Bureau of Vital Statistics of the State of New Jersey and shall perform such other duties as may be required.
The Health Officer shall act as the enforcing officer of the Board and shall, in addition to such other duties as may be required from time to time, perform such duties as required by State law or regulations. The Health Officer is also responsible for the following:
Investigation of all complaints arising under the Rockleigh Health Code.
Periodic inspection of each food and food-handling establishment to establish and report upon the sanitary conditions of such establishments and to take such steps as are necessary to ensure that sanitary conditions are maintained in such establishments.
Performance of such duties as may be required in connection with control of communicable diseases, quarantine of the same and release from quarantine, together with such duties as may be required for compliance with the public health laws of the State of New Jersey having to do with communicable diseases.
Collection of samples of food, water and other materials and submission of the same to appropriate County or State agencies for analysis where such analysis appears necessary or desirable in connection with the maintenance of sanitary conditions within the Borough.
Supervision of rodent and insect extermination in accordance with Chapter BHIV, Public Health Nuisance Code, of the Borough Health Code.
Enforcement of the Borough Health Code and the State Sanitary Code.
Ordinances and Resolutions.
Ordinances and resolutions shall be prepared for the consideration of the Board by the Board Attorney upon the instructions of the Board. No ordinance shall be adopted by the Board without an affirmative vote of the majority of all members of the Board; however, resolutions shall be adopted by the Board by vote of the majority of the members of the Board present, provided that a quorum exists.
An ordinance or resolution may be introduced by any member of the Board. The Secretary shall forthwith provide each member of the Board with a copy thereof. Each resolution and ordinance shall be limited to a single subject, which shall be expressed in its title, and shall be reviewed at a conference meeting prior to submission for public action.
All resolutions shall take effect immediately upon final passage by the Board unless otherwise specified in the resolution as approved.
The Board shall and may from time to time amend, supplement or implement other provisions amendatory thereof or supplementary thereto.
Whenever the Health Officer determines that a retail food service establishment or other public or private premises contains a health hazard or is in violation of this Health Code or of applicable State or Federal statutes, codes or rules so that a public health hazard is present or a public health emergency may result, in addition to actual notice of the hazard or violation to the owner or operator, the Health Officer may post the premises with a notice to the public indicating the health hazard or violation and the date. The posted notice shall not be removed except by the Health Officer after an inspection has shown that the hazard has been eliminated or the violation removed.
The Board may adopt such rules and regulations as by law it is permitted, authorized or empowered to so adopt and which shall, in its judgment, act in the proper understanding and general enforcement of the Code.
Every local Board of Health shall file with the Commissioner a certified copy of every bylaw or ordinance of such Board immediately upon passage of the same.
The Public Health Council may modify or annul any order, regulation, bylaw or ordinance of any local Board of Health if, after giving reasonable notice and affording an opportunity to be heard to the members of such local Board, the Council shall determine that such order, regulation, bylaw or ordinance concerns a matter which affects the public health beyond the territory over which such local board has jurisdiction. (N.J.S.A. 26:1A-12)