The general power to adopt health ordinances is contained in N.J.S.A. 26:3-31 and the New Jersey Administrative Code Title 8, Chapter 51. 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.
[Ord. 7-15-59 A1 § 1]
This Code and all ordinances supplementary hereto and amendatory hereof, shall or may be known, referred to and cited as "The Sanitary Code of the Board of Health of the Borough of Fairview 2001" or as "The Fairview Board of Health Code" or as "The Sanitary Code."
[New]
Any person violating any of the provisions of any chapter adopted by the Board of Health of the Township shall, upon conviction thereof, pay a penalty of not less than $5, nor more than $1,000 for each offense, or be imprisoned for a period not exceeding 90 days or both.
Complaint shall be made in the Municipal Court, which 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.
[Ord. 7-15-59 A3 § 4]
In the event that any of this Code shall also be a violation of a New Jersey State Law, for which a greater penalty or judgment is provided than that contained in this Code, the Judge before whom any complaint is brought, based upon such violation, shall, in his discretion, have the right to impose, in the place and in lieu of any penalty provided herein, that penalty provided for in the New Jersey State Law which has been violated.
[Ord. 7-15-59 A3 § 1]
In the event that any section, paragraph, subdivision, clause or provision of this Code shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged invalid, and the remainder of this Code shall be deemed valid, effective and in full force and effect.