[HISTORY: Adopted by the Board of Health of the Borough of Somerville 10-25-78. Amendments noted where applicable.]
For the purposes of this Code, the term "Board of Health," "the Board," "this Board," or "said Board," shall be construed to mean the Board of Health of the Borough of Somerville or its official representative, except where otherwise specified.
The word "person," "he," "his," or "him" shall be construed to import both singular and plural, male or female, as the case demands, and shall include individuals, partnerships, corporations, companies, societies and associations and all bodies of persons associated for any purpose. When construing and enforcing the provisions of this chapter, the act, omission or failure of any employee, officer, agent or other person acting for or employed by any individual partnership, corporation, company, society or association when in the scope of his employment or office shall in every case also be deemed to be the act, omission or failure of such individual, partnership, corporation, company, society or association as well as that of the employee, officer, agent or other person.
The term "food" shall include every article used for food, drink or human consumption by a person or persons and every ingredient in such article.
The word "street" shall include avenues, sidewalks, gutters and public alleyways or driveways, and the words "public place" shall include parks, water and open spaces thereto adjacent and also public yards, grounds and areas.
The term "license" or "permit" shall mean a written authorization by this Board or its official representative to do or perform any act or acts or conduct any business or occupation for such period as may be therein stipulated.
This Board may, by resolution, delegate any portion of its power to any member or officer or agent thereof, to be exercised when the Board is not in session, and any notice by a member of this Board, any officer or agent thereof shall be notice by this Board.
It shall be lawful for any member of this Board, the Health Officer, Inspector, agent or any person acting under and by authority of this Board to enter in or upon any premises for the purpose of the discovery and abatement of nuisances therein or for any of the purposes specified in this Code or for any other purpose in connection with his regular duties.
Any person who shall prevent, obstruct, resist or interfere with any member of this Board, the Health Officer, Inspector, agent or any person acting under and by authority of this Board in the performance of his duty shall be subject to a penalty of not less than two dollars ($2) nor more than five hundred dollars ($500) and costs of conviction, upon conviction thereof in the Court of the Recorder of the Borough of Somerville.
This Board shall have the right to revoke any permit, license or permission whenever the holder thereof or any of the officers, servants, agents or employees of such permittee or licensee violate the terms under which such permit, license or permission was granted. Before any permit or license shall be revoked, a notice of the violation charged shall be served upon the holder of said permit or license, setting forth such charges as may be the reason for such revocation and the place, day and hour when this Board will hear said charges.
Whenever charges shall be made for the violation by the holder of any license or permit of any of the terms under which said license or permit was issued, this Board, the Health Officer or Inspector shall have the right to suspend the operation of said license or permit pending the hearing to be held on said charges.
All licenses, permits or certificates shall be prominently displayed upon the premises for which they were issued and, when so required, upon each and every vehicle or device used in the business for which a license or permit is required, at all times in plain sight, upon signs to be furnished by this Board.
Every holder of any license, permit or certificate shall exhibit the same upon demand to any member of this Board, the Health Officer, Inspector, agent or other authorized representative of this Board.
Any person who shall be guilty of a violation of this section or any subsection or part thereof shall be subject to a penalty of not less than two dollars ($2) and not more than five hundred dollars ($500) and costs of conviction, upon conviction thereof in the Recorder's Court of the Borough of Somerville.