[Editor's Note: The general power to adopt health ordinances
is contained in N.J.S.A. 26:3 et seq. The penalties that may be provided
for a violation of health provisions are contained in N.J.S.A. 26:3-77
and N.J.S.A. 26:3-78. 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.]
[New]
This Code shall be known as the "Revised General Ordinances
of the Board of Health of the Township of Millburn, 1996" and may
be referred to as "the Revision" or the "Board of Health Code."
[1967 San. Code; New]
As used in this Code:
Shall be held to mean the Board of Health of the Township
of Millburn, County of Essex, New Jersey.
Shall be held to include any disease of an infectious, contagious
or pestilential nature and also any other disease publicly declared
by the Board to be dangerous to the public health.
Shall be held to mean natural soil, earth and store.
Shall mean and include every accumulation of animal or vegetable
matter, or both, liquid or otherwise, that attends the preparation,
storage or vending of meats, fish, birds, fruits, vegetables or other
organic substances whether for private or public consumption.
Shall be held to mean the Health Department of the Township
of Millburn, County of Essex, New Jersey.
Shall be held to mean the Health Officer of the Township
of Millburn, County of Essex, New Jersey.
Shall be held to mean the Township of Millburn, County of
Essex, New Jersey.
Shall be held to mean any person, persons, firm or corporation
or association.
Shall be construed to mean the permission in writing of this
Board, issued according to its rules and regulations and Sanitary
Code.
Shall mean and include parks and water and open spaces thereto
adjacent, and also public yards, grounds and areas, and all open spaces
between buildings and streets.
Shall include avenues, sidewalks, gutters and public alleys;
and
Shall mean and include all the loose inorganic matter, household
or commercial waste and dirt-like substance which accumulates from
residences or business places;
Shall be held to include special rules and regulations which
latter will be from time to time issued and will contain more detailed
provisions than can be herein conveniently set forth.
All words and phrases herein defined shall also include their
usual and natural meanings, as well as those herein especially given.
[1967 San. Code; New]
In the event that any section, sentence or clause of this Code
shall be declared unconstitutional by a court of competent jurisdiction,
such declaration shall not in any manner prejudice the enforcement
of the remaining provisions.
[1967 San. Code § 98; New]
Any person violating any of the provisions of any chapter adopted
by the Board of Health of the Township or any order of the Board of
Health or of the Health Officer made in pursuance thereof or of existing
law, 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 Township or before another judicial officer having authority under
the laws of the State of New Jersey. The Court shall have the power
to impose other and additional penalties provided by N.J.S.A. 26:3-77
and N.J.S.A. 26:3-78.
[New]
Except as otherwise provided, each and every day in which a
violation of any of the provisions of any chapter adopted by the Board
of Health exists shall constitute a separate violation.
[New]
All fees and penalties collected under any provision of any
chapter adopted by the Board of Health shall be paid to the Treasurer
of the Township of Millburn.
[1967 San. Code § 99]
Any person upon whom a penalty shall have been imposed who refuses
or neglects to pay the amount of the judgment, including all costs
and charges incident thereto, may, unless an appeal is granted, be
committed to the county jail for any period not exceeding ninety (90)
days; provided further, that if any such person shall have been convicted
within six (6) months of a violation of the Code and due proof of
the same is made, he may become liable, in addition to the payment
of the penalty aforesaid to imprisonment in the county jail, with
or without hard labor, for any number of days not exceeding one for
each dollar of the penalty.
[1967 San. Code § 97]
In proceedings for violations of any provision of this Code,
the costs thereof shall be added to the fine or penalty. The amount
of costs shall be the same as those allowed in similar proceedings
in police or similar courts.
