[HISTORY: Adopted by the Board of Health of the Borough of
Somerville 10-25-78. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.