[Ord. No. 2007-24 § 1]
The following definitions shall apply to all sections adopted herein by the Governing Body sitting as the Board of Health of the Township:
Shall mean a small enclosure used for the confinement or safekeeping of domestic animals
Shall mean any domesticated or tamed animal that is kept as a companion or for amusement, including feral animals that are fed or cared for.
Shall mean any of various mammals of the order Rodentia, including the mouse, rat, squirrel or beaver, characterized by large incisors adapted for gnawing or nibbling.
Shall mean a building for the lodging and feeding of domestic animals, adequate for housing a horse or pony.
Shall mean various objectionable animals collectively, especially those of small size that appear commonly and are destructive, bothersome, undesirable or injurious to health, including flies, lice, fleas, bedbugs, cockroaches, mice and rodents.
Shall mean and refer to an animal, which is not tamed, domesticated or otherwise maintained by an individual, living in a state of nature.
[Ord. No. 2007-24 § 1]
a.
Maximum Penalty. 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 $500 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.
b.
Separate Violations. 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. No. 2007-24 § 1]
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 Fairfield.
[Ord. No. 2007-24 § 1]
The Governing Body of the Township of Fairfield shall act as the Board of Health of the Township and all references herein to the "Board" shall refer to the Governing Body sitting as the Board of Health.
[Ord. No. 2007-24 § 1]
The Health Department of the Township of Fairfield shall issue all licenses authorized by the Board.
[Ord. No. 2007-24 § 1]
There shall be a Registrar of Vital Statistics, who shall be responsible to the Board of Health.
[Ord. No. 2007-24 § 1]
There shall be a Health Officer of the Board of Health, who shall be responsible to the Board of Health. The Health Officer shall hold the necessary license. He shall be appointed by the Board of Health for a term of one year, or such other term provided for in an Interlocal Agreement regarding the provision of health services. The Health Officer or his/her duly designee licensed shall, subject to the superior authority of the Board, be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the State.
[Ord. No. 2007-24 § 1]
There shall be, when appointed by the Board, special health reporting officers of the Board of Health, who shall promptly report to the Board every violation of health ordinances, rules and regulations which may come within their observation or knowledge. The Police and Fire Officers of Township may be designated special health reporting officers of the Board of Health.
[Ord. No. 2007-24 § 1]
The Board may employ, appoint or retain such other personnel as it may deem necessary, including technicians, inspectors and others necessary to carry out the powers vested in the Board by law and by this Code. All such personnel shall, where required, be appropriately licensed.
[Ord. No. 2007-24 § 1]
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this Code:
a.
Power to Prevent the Sale of Food. The Health Officer may prohibit, the importation into the Township or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
b.
Power to Seize and Destroy Unwholesome Food. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
[Ord. No. 2007-24 § 1]
a.
Inspection of Premises. The Board of Health, its agents and employees shall have the right to inspect any premises in the Township if they have reason to believe that any provision of this Code is being violated or as part of a regular program of inspection.
b.
Search Warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Board of Health or Health Officer may apply to the Municipal Judge for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provided a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
[Ord. No. 2007-24 § 1]
a.
Notice to Abate Nuisance.
1.
Whenever anything declared by this code to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Township, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified not less than five days from the date of service in the notice.
2.
Whenever anything declared by this code to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the health officer may remove or abate such nuisance or condition in the manner provided for a like condition existing on a private premises or place.
b.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection 8-2.9a, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Health Officer shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by which means as shall be deemed proper.
c.
Recovery of Costs.
1.
Whenever any cost or expense is incurred by the Township as a result of the Health Officer abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs and expense may be recovered in the following manner:
(a)
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
2.
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this Code.
[Ord. No. 2007-24 § 1]
The Board of Health may, by resolution, make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with, alter or amend any provisions of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this .
[Ord. No. 2007-24 § 1]
The fees for certified copy of a marriage license or for a birth or death certificate shall be $10 per copy, or as otherwise permitted by statute.
[Ord. No. 2007-24 § 1]
No person shall have or keep or maintain in his possession any goats, sheep, swine, cattle or wild animals on any lands or premises within the limits of the Township. Any resident, however, owning and maintaining any of the enumerated animals as pets on its premises on January 1, 2008, may continue to keep and maintain the same, provided that the resident shall report the animal to the Health Officer within 30 days of January 1, 2008, and a permit shall be issued to the owner without fee.
[Ord. No. 2007-24 § 1]
a.
Keeping of Horses or Ponies Regulated.
1.
Not more than one horse, pony or other equine animal shall be kept, harbored or maintained on a lot in a residential zone having less than two acres in extent.
2.
Not more than three horses, ponies, or other equine animals may be kept on a lot in a residential zone of three acres or more. The pen, corral, enclosure or stable shall not be less than 20 feet from the adjacent property lines and shall be at least 100 feet from any neighboring dwelling.
3.
The stable shall be defined as an adequate structure for housing a horse or pony. No structure housing a horse or pony shall be located nearer than 20 feet to any adjacent property line or 100 feet to any neighboring dwelling.
4.
Stables must be built so as not to create offensive odors, fly breeding or other nuisances.
5.
Manure must he collected and removed daily or maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.
b.
Commercial Activity Prohibited. Nothing herein contained shall authorize or permit the conducting of a commercial enterprise or activity on any premises situated in a residential zone under the provisions of XLV Zoning, of the Township Code, and any such commercial activity, including the rental of horses and ponies or any other commercial activity, is prohibited. Where the owner of any property has granted permission to any person permitting the use of his premises for the purpose of keeping, harboring or maintaining any horses or ponies upon his premises as herein limited and provided, then and in that event the owner shall file with the Board of Health a copy of any agreement, permit or license to the person making use of his premises for such purpose, with his post office address, in order that the Board of Health may be informed of the use of the premises by persons other than the owner, so that notice of any violation of the terms and provisions of health s of this Code can be given to the tenant or occupants of the premises.
[Ord. No. 2007-24 § 1]
a.
Keeping of Small Animals and Fowl.
1.
No person shall keep on his property or in his possession, or permit to be kept, any small animal, live chickens, pigeons or other fowl in excess of four in number without first having obtained a permit from the Board of Health to keep the same, on forms provided by the Board of Health. The keeping of roosters is prohibited.
2.
No person shall keep on his property or in his possession more than three adult dogs and three adult cats without having first obtained a permit from the Board of Health. An adult dog or cat shall be defined as an animal six months in age or older.
3.
Any person owning more than three adult dogs and three adult cats before January 1, 2008, is permitted to keep and maintain the same.
b.
Regulations. The following rules and regulations shall govern the keeping of small animals, as herein defined, live chickens, pigeons or other fowl:
1.
No person shall keep or permit to be kept more than four small animals, live chickens, pigeons or other fowl without first having obtained a permit from the Board of Health.
2.
No such animals or fowl shall be kept in any dwelling house, store or building occupied by human beings.
3.
Small animals or fowl shall be at all times kept outdoors in an enclosure, the location and size of which shall be approved by the Health Officer of the Board of Health.
4.
Such animals without a permit, as above stated, shall be limited to four in number. Fowl shall be limited to six in number, and pigeons shall be limited to 12 in number.
5.
Such animals shall not be permitted to run at large, and such fowl shall not be permitted to fly at large, within the Township, except that pedigreed homing, high-flying or air-performing pigeons may be permitted to fly for exercise or training at the discretion of the owner, provided that such flight shall not be or become a public nuisance.
c.
Pen Construction Regulated. The construction, location and maintenance of sheds, coops, pens and other structures in which animals or fowl are kept or housed shall comply with the following requirements:
1.
No structure shall be built or maintained which is less than 50 feet from the doors or windows of any neighboring dwelling or less than 10 feet from any neighboring property line.
2.
All such places shall be kept in good repair, shall have floors impervious to moisture and shall be waterproof, free from rodents, vermin, properly lighted and ventilated and in a clean and sanitary condition at all times.
3.
All plans for such structures and all structures intended for the use of housing such animals or fowl shall be in accordance with the Construction Codes of the Township.
4.
A wire porch attached to the structure in which fowl are to be kept may be permitted. Such porch shall be at least one foot above the surrounding ground and shall consist of one inch mesh hardware cloth for the floor with any convenient size wire for the sides and top and shall not extend more than four feet from the house or coop.
d.
Sale of Small Animals or Fowl. No person shall sell or keep for sale live rabbits or live poultry, including chickens, geese, ducks, turkeys or other fowl, without having first been issued a permit to do so by the Board of Health. This permit does not give the licensee the right to slaughter or dress animals or fowl.
e.
Permit Fees. The fee for the issuance of any permits required by this shall be $10, unless stated otherwise.
[Ord. No. 2007-24 § 1; amended 5-25-2022 by Ord. No. 2022-05]
A code regulating and controlling the location and construction, alteration and operation of public recreational bathing facilities, the issuance of permits to locate and construct, alter or operate public recreational bathing facilities and declaring and defining certain public recreational bathing facilities as nuisances and fixing penalties for violation is hereby adopted pursuant to N.J.A.C. 8:26 et seq. A copy of the code is annexed to this chapter and made a part of it without inclusion of the text.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the New Jersey State Sanitary Code, 9, Public Recreational Bathing Facilities.
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 9, Public Recreational Bathing Facilities have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
No person shall locate and construct, alter or operate a swimming pool until permits therefor shall have been issued by the Board of Health.
[Ord. No. 2007-24 § 1]
Permits issued for the operation of a swimming pool shall expire annually on December 31 of each year, and application for renewal thereof shall be submitted, together with the required fee, prior to April 1 of each year.
[Ord. No. 2007-24 § 1; amended 5-25-2022 by Ord. No. 2022-05]
a.
Permits required for this section or Code may be denied or suspended by the Board of Health for failure to comply with this section or Code.
b.
The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board's decision as provided by State Code.
[Added 5-25-2022 by Ord. No. 2022-05]
As used in this section:
Any above-surface type of swimming, bathing or wading pool or tank not designed nor intended to be permanently affixed to the ground and which is Capable of being removed for storage.
Any artificially constructed swimming pool, wading pool or tank, permanent or portable in nature, either more than 18 inches in water depth at any point or more than 100 square feet in water surface area, which is designed, used or intended to swimming, bathing or wading purposes and which is established or maintained upon any premises by any person for his own use or for the use of his family or for the use of guests of his household.
[Added 5-25-2022 by Ord. No. 2022-05]
a.
All portable pools, unless enclosed by a fence or wall of the type and dimensions hereinafter specified, shall be either:
1.
Emptied when not in use or properly supervised; or
2.
Covered with a suitable, strong, protective covering securely fastened or locked in place, which covering shall support at least a minimum dead weight of 100 pounds when not in use or properly supervised; provided, however, that any portable pool erected above the ground to a height of at least four feet and the sides of which are so constructed as not to permit access to the water area by climbing shall not be required to be enclosed by the hereinafter described fence or wall.
[Added 5-25-2022 by Ord. No. 2022-05]
a.
All pools shall have adequate filtering, circulation, clarification and chlorination, all subject to the approval of the Board of Health.
b.
Any private swimming pool which is not equipped with appropriate facilities for recirculation and reuse of water used therein may be subject to closure and discontinuance of further use by order of the Board of Health, Zoning Official or Construction Official.
[Added 5-25-2022 by Ord. No. 2022-05]
During any period of emergency water shortage any private swimming pool may be subject to closing and discontinuance of further use by order of the Department of Community Services or any of their authorized agents. Failure to close shall result in daily issuance of penalties set forth in § 8-4.15.
[Added 5-25-2022 by Ord. No. 2022-05]
a.
No private swimming pool which is in existence now or constructed, installed or established hereafter shall be permitted to overflow or drain onto any neighboring public or private property.
b.
Pool water shall not be drained in storm drains, public streets or any other venue that is not outlined in provision § 8-4.13(c).
c.
Pool water shall only be drained to sanitary sewer via interior sink.
[Added 5-25-2022 by Ord. No. 2022-05]
Every private swimming pool presently maintained or hereafter constructed or established in the Township shall at all times comply with the requirements of health authorities having jurisdiction in the premises, and any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such private swimming pool shall forthwith be abated and removed by the person in possession of the private swimming pool upon receipt of notice from the Building Official, Board of Health, Zoning Officer or other authorized person so requiring.
[Added 5-25-2022 by Ord. No. 2022-05]
Any person who violates any provision of this chapter or who refuses to comply with a lawful order or directive of the health authority shall be liable for penalties set forth at N.J.S.A. 26:1A-10 and penalties under all other applicable laws, and/or injunctive action as provided by law.
[Ord. No. 2007-24 § 1]
A code defining and prohibiting certain matters, things, conditions or acts and each of them as a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments, prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings, conveyances or sidewalks, authorizing the inspection of premises by an enforcing official, providing for the removal or abatement of certain nuisances and recovery of expenses incurred by the Board of Health in removing or abating such nuisances and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the "Public Health Nuisance Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
It shall be unlawful for the owner or owners who have agreed to supply heat to any building designed to be occupied as a residence to fail to supply heat from the first day of October in each year to the first day of May of the succeeding year in such a manner that the temperature of the building where one or more persons reside shall be kept at 68° F. or above between the hours of 6:00 a.m. and 10:00 p.m. and at 60° F. or above between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. No. 2007-24 § 1]
A code regulating retail food establishments and food and beverage vending machines and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this is described and commonly known as the "New Jersey State Sanitary Code, 12, Sanitation in Retail Food Establishment and Food and Beverage Vending Machines."
[Ord. No. 2007-24 § 1]
Three copies of the New Jersey State Sanitary Code, 12, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
a.
No person shall conduct, maintain or operate a retail food establishment in the Township of Fairfield as specified in 12 of the State Sanitary Code, (N.J.A.C. 8:24 and N.J.S.A. 26:1A-7) without first obtaining a license issued by the Board of Health.
b.
All applications for the renewal of retail food licenses and the required fees must be received by the Health Officer no later than July 31 of the year in which the current license shall expire. License application fees are nonrefundable. All licenses shall expire on June 30 of the following year.
c.
Whenever the owner of a retail food establishment fails to renew their retail food license and pay the required fees by September 1 of the year their license expires, the owner shall be assessed and the Board reimbursed a fee of $50.
d.
A person purchasing a retail food establishment shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of retail food establishments are required to notify the Board of Health of the impending sale of the establishment no later than 30 days prior to the sale.
[Ord. No. 2007-24 § 1]
The Health Officer or his/her designee shall provide the holder of the retail food license with written notice of any violations of the provisions of this . The notice shall specify the violations found, the required remedial action and a reasonable time period to correct or abate such violations. If the violations are not corrected or abated within the time set forth in the notice, the license may be suspended or revoked. If, in the opinion of the Health Officer or his/her designee, the violation(s) constitute an imminent health threat, the license may be suspended or revoked.
[Ord. No. 2007-24 § 1; Ord. No. 2010-05]
The fees for licenses and certificates under this shall be as follows:
a.
All retail food establishments with a seating capacity:
0-50 seats | $75 |
51-100 seats | $135 |
101-150 seats | $200 |
151+ seats | $265 |
b.
Take-out only, with no seating on premises:
0-1,500 square feet | $75 |
1,501-3,000 square feet | $135 |
3,001-4,500 square feet | $200 |
4,501+ square feet | $265 |
c.
Caterers and mobile units:
Package foods (per truck) | $150 |
Packaged ice cream, soda or confectionery ONLY (per truck) | $75 |
d.
Food and/or beverage vending machine: $30 per machine
e.
Temporary food event (five days or less). First day: $30 per vendor; each additional day $10 per vendor.
f.
Prepackaged snacks and confectionery products only: $45.
g.
Nonprofit (religious, public school, etc.): no fee.
h.
Food Handler's Certificate. Application for a food handler's certificate shall be made to the Board of Health for a fee of $10 to be paid upon the filing of said application. Each food establishment shall send a minimum of one manager and/or employee to the Township's Annual Food Handler's Certification Course.
i.
Food and Beverage Vending Machines. The annual license fee to engage in the business shall be $30 for all types of food and beverage vending machines. However, where any of the following are vended by machine, there shall be an additional annual fee of $15 for each machine vending the following: bulk soft drinks, bulk food products, bottled or bulk milk, soup, coffee, hot cocoa or chocolate, fruit juices, cake, pastry, pie, buttered popcorn, sandwiches and ice cream.
j.
Reinspection Fee. Whenever additional inspections are necessitated by reason of classification of a retail food establishment as "conditionally satisfactory" or "unsatisfactory" beyond one initial inspection, the owner(s) shall be assessed and the Township reimbursed for the cost of such inspections in the amount of the original license fee applicable to the premises.
[Ord. No. 2007-24 § 1]
The New Jersey State Sanitary Code, 12 is hereby amended as follows:
a. | Section 8:24-6.6, Size, installation and maintenance of plumbing. Subsection (a) is amended by adding the following: | |
6. | All restaurants, supermarkets and butcher shops must install and properly maintain grease traps. The purpose of said devices shall be to separate, capture and contain all rendered animal fat, all oily matters and all thick lubricants from wastewater discharging from any of the aforementioned food establishments into the sewer system. | |
7. | In addition to routine inspections by the Health Department, all restaurants, supermarkets and butcher shops must employ at their own expense a licensed plumbing inspector to conduct an annual inspection of their grease traps and connecting wastewater lines to ensure that waste oil and grease is being adequately removed from wastewater being discharged into the sewer system. The inspector will be required to provide a formal inspection report to the Health Department containing his observations. | |
b. | By the addition of the following: Food Equipment and Utensils. Design, Construction, and Materials; Equipment used or intended to be used for grinding or other processing of pork meats shall be used exclusively for such processing of pork and shall not be used for grinding or processing and intermingling of any other meats. | |
[Ord. No. 2007-24 § 1]
No vending machine, as defined in the code, shall be stationed in the open area of any premises but shall be confined to an indoor area available to the public during the regular business hours of the day.
[Ord. No. 2007-24 § 1]
No person shall sell or offer for sale or distribution milk, milk products or fluid milk products as specified in N.J.S.A. 24:10-57.1 et seq. without a license issued by the Board of Health.
[Ord. No. 2007-24 § 1]
Application for a seller's license shall be filed with the Secretary of the Board of Health upon forms supplied by the Board, and a license shall be issued to the applicant upon compliance by him with all of the relevant laws of the State of New Jersey, ordinances, rules and regulations of the Board of Health and payment of the license fee.
[Ord. No. 2007-24 § 1]
The license fee for distribution or sale of milk, as above set forth, shall be the sum of $10 for each wagon, vehicle, milk plant, milk depot or premises used for such purpose.
[Ord. No. 2007-24 § 1]
Whenever the Board has reason to believe that any licensee is operating in violation of state law or regulations or ordinances of the Board of Health and shall additionally find that suspension of the license is necessary for the protection of the public health, then the license may be suspended forthwith pending a hearing to ascertain the facts. Such hearing shall be held with dispatch upon the request of the licensee. Upon proof satisfactory to the Board that a violation has occurred, the license may be suspended or revoked. The Board may terminate a revocation or suspension upon proof satisfactory to it that the violation has been corrected.
[Ord. No. 2007-24 § 1]
A code regulating the use, operation and maintenance of coin operated dry-cleaning establishments and licensure thereof, authorizing inspection of dry-cleaning establishments and operations connected therewith and fixing penalties for violations thereof is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The code established and adopted by this is described and commonly known as the "Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962)."
[Ord. No. 2007-24 § 1]
Three copies of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) have been placed on file in the offices of the Secretary of the Board of Health and Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
The annual permit fee shall be $10 per machine, and the fee shall be paid to the Treasurer of the Township.
[Ord. No. 2007-24 § 1]
A code declaring ragweed and poison ivy to be a nuisance, providing for removal or abatement thereof and recovery of expenses incurred by the Board of Health in removing or abating such nuisance and prescribing penalties for violations is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. the provisions of which are incorporated herein by reference.
[Ord. No. 2007-24 § 1]
The Code established and adopted by this section is described and commonly known as the "Weed Control Code of New Jersey (1953)."
[Ord. No. 2007-24 § 1]
Three copies of the Weed Control Code of New Jersey (1953) have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk/Administrator for the use by and examination of the public.
[Ord. No. 2007-24 § 1]
The construction, installation, maintenance and operation of incinerators is regulated by State or Federal law, codes, rules and regulations. Inspections, when required by the Township, shall be made by the Board of Health or their designated agency.
[Ord. No. 2007-24 § 1]
All owners of property along the lines of any sewers in the Township shall within 90 days connect their houses and other buildings with the sewer adjoining the property upon notice from the Board of Health to make the connections. A notice served by delivering the same to the owner of the property or by leaving the same at the residence of the owner with a member of the family above the age of 14 years and explaining the contents thereof, or, in case of a nonresident owner, by serving the same upon the resident agent, if any, or by mailing the same by registered mail to the owner's last known post office address shall be deemed a legal notice.
[Ord. No. 2007-24 § 1]
No person shall conduct a rummage sale or a sale for secondhand or used clothing or bedding without a written permit from the Health Officer. The permit shall be issued only after the clothing, bedding, etc. have been washed, boiled or disinfected to the satisfaction of the Health Officer. No articles from any house that has held a case of communicable disease shall be offered for sale.
[Ord. No. 2007-24 § 1]
a.
Required. No person shall own, possess, harbor or have in custody any dog or cat over six months of age unless the dog or cat has been vaccinated against rabies by a licensed veterinarian, the vaccination to consist of one injection of not less than five cubic centimeters of anti-rabies vaccine of standard and accepted formula and manufactured under a license of the United States Bureau of Animal Husbandry of the Department of Agriculture. Vaccinations shall be repeated at least once during every three years; provided, however, that where inoculations may be dangerous to any dog or cat by reason of age or illness, such inoculation may be excused for a period of six months only upon the filing of a certificate from a licensed veterinarian, certifying that such inoculation is harmful to the dog or cat.
b.
Services Provided by Township. The Board of Health may annually, during a period of not less than two weeks, to be designated by it, make available to all owners of dogs or cats within the Township free inoculation of dogs or cats from rabies and shall provide the necessary serum and furnish a duly licensed veterinarian to perform inoculations. The cost and expense shall be certified to the Mayor and Council and paid out of the funds received from dog license fees.
c.
Certificates. The person owning, harboring, possessing or having custody of any dog or cat shall obtain from a veterinarian who inoculates any dog or cat against rabies a certificate that can be presented to the Township as proof that the dog or cat has been immunized.
[Ord. No. 2017-20 § 8-11]
As used in this section, the following terms shall have the meanings indicated:
The practice of physical body adornment in permitted establishments by operators utilizing, but not limited to, the following techniques: 1. Body piercing, 2. Tattooing, and 3. Permanent cosmetic.
Any place or premises, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed, provided it is compliant with the Fairfield Township Zoning Ordinance.
Any person that performs the act of tattooing, permanent cosmetics and/or ear and body piercing.
Written approval from the Department that said tattoo studio has been inspected and meets all of the requirements of this section.
The Department of Health of the Township of Fairfield or its duly authorized agent, officer or inspector.
A license issued to the owner of a tattoo studio to operate a business under the provisions of this section.
Any individual, firm, company, partnership, corporation or association that owns and/or operates an establishment where body art is performed.
A registration issued to a tattoo artist under the provisions of this section.
Any method of placing nontoxic inks or pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of permanent cosmetics.
Any booth, building, room, shop, store, structure, or portion thereof, where body art procedures are temporarily performed during a trade show, product demonstration, educational seminar, or special event, for a period of time not more than 14 days.
[Ord. No. 2017-20 § 8-11.1]
This section shall govern all businesses that offer tattooing, permanent cosmetics, and ear and body piercing to the public with the exception of a physician who is authorized by the State Board of Medical Examiners to practice medicine, pursuant to N.J.S.A. 45:9-6 et seq. Under the authority of N.J.S.A. 26:1A-9, the provisions of this section are enforceable by the New Jersey State Department of Health and Senior Services and the Township of Fairfield Health Department.
[Ord. No. 2017-20 § 8-11.2]
A code regulating body art establishments and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the code is annexed to this section and made part of it without the inclusion of text.[1]
[1]
Editor's Note: A copy of this code may be found on file in the Township offices.
[Ord. No. 2017-20 § 8-11.3]
The code established and adopted by this section is described and commonly known as the "New Jersey State Sanitary Code, 8, Body Art Procedures N.J.A.C. 8:27-1 et seq.
[Ord. No. 2017-20 § 8-11.4]
a.
No body art establishment shall be permitted to open for operation until the Health Department has given formal approval by issuance of an appropriate license. All licenses shall expire on December 31 of each year.
1.
The license shall be displayed in a conspicuous place on the premises where it may readily be observed by all clients.
2.
No person shall operate a body art establishment whose license has been suspended.
3.
Proof of professional malpractice liability insurance for each practitioner shall be provided to the Health Department as part of the initial and renewal license application.
[Ord. No. 2017-20 § 8-11.5]
a.
Any person desiring to engage in body art shall submit an application to the Department of Health in the form prescribed by said Department.
b.
A fee as provided in this , shall be required for the initial application. A fee shall be required of each new applicant, said fee shall be no more than $125.
c.
All fees paid pursuant to this section are nonrefundable.
[Ord. No. 2017-20 § 8-11.6]
No person, partnership, firm or corporation shall operate a body art establishment unless such person, partnership, firm or corporation has registered such shop with the Department of Health and has received a certificate of inspection from said Department. No certificate of inspection shall be issued unless the establishment was inspected by the Department of Health and found to be in compliance with the requirements of this section. (N.J.A.C. 8:27-1)
[Ord. No. 2017-20 § 8-11.7]
a.
Any person desiring to construct, expand, alter, or operate a body art establishment shall apply in writing to the Health Department for review and approval before such construction, expansion, alteration or operation is begun. Such application shall include the following information:
1.
The applicant's legal name, home address and telephone number, full business name, business address, post office address and telephone number. The application shall also include whether the applicant is an individual, partnership, firm or corporation. If the applicant is a partnership, the names and addresses of the partners shall be included on the application. If the applicant is a corporation, the names and addresses of all corporate officers shall be included on the application;
2.
Applications must be accompanied by a nonrefundable license fee and an additional nonrefundable fee for each artist performing procedures at the establishment specified on the application, as set forth in this .
(a)
An application for a license renewal shall be accompanied by a fee, as set forth in this . Any change of ownership shall require a new application and license with payment of fees therefor.
(b)
All licenses shall expire on the 31st day of December annually. In the event that renovations and/or alterations are made to the body art establishment, plans must be submitted to the Department of Health and the applicant will be required to comply with building and construction codes.
3.
A statement of approval from the municipal agency responsible for the administration of planning and zoning ordinances for the proposed construction or expansion of the body art establishment;
4.
A complete description of all services to be provided, the proposed hours of operation, the name of the operator and the names of all practitioners and their exact duties, a copy of the informed consent for each procedure;
5.
The names and addresses of all manufacturers of processing equipment, instruments, jewelry, and inks used for any and all body art procedures;
6.
A certificate of current professional malpractice liability insurance;
7.
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
8.
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
b.
Plans and specifications must accompany the application and shall illustrate the location of the proposed establishment and a floor plan of the establishment as it is proposed to be operated. An exact inventory of all processing equipment as it is to be used. Plans shall indicate the layout of the reception area, the procedure areas, the cleaning and sterilization area, the storage area and the toilet facilities, in accordance with the requirements set forth in N.J.A.C. 8:27-1.1 et seq.;
1.
All construction, expansion or alteration to the building, structures, and facilities used by the public shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.1 et seq.; and
2.
All construction expansion or alteration, to the building, structures, and facilities shall be done in accordance with the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1.
[Ord. No. 2017-20 § 8-11.8]
In addition to any other penalty that may be imposed by Subsection 8-11.13, after due notice and hearing before the Health Officer of the Township of Fairfield, the Department may suspend or revoke any body art practitioner registration, any license to operate a body art establishment issued pursuant to this section for violations of the provisions of the section.
[Ord. No. 2017-20 § 8-11.9]
In order to qualify for a certificate of inspection there must be compliance with the following requirements:
a.
The establishment shall be so located or constructed as to prevent the contamination of the work areas of the establishment by dust from the street or sidewalk.
b.
The building and equipment shall be maintained in a state of good repair at all times. All parts of the establishment shall be kept neat, clean and free from litter and rubbish.
c.
All walls, ceilings and floors shall be smooth, made of nonporous material and easily cleaned. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floor shall be swept and wet mopped daily. Floors, walls or ceilings shall not be swept or cleaned while tattooing is in operation.
d.
Adequate light and ventilation shall be provided.
e.
At least one hand-sink with hot and cold running water under pressure, and equipped with wrist, foot, or sensor operated controls and supplied with liquid soap, disposable paper towels and refuse containers shall be readily accessible and provided for every two work stations within the body art establishment.
f.
Adequate toilet, urinal and hand washing facilities shall be available on the establishment premises for the use of customers and body art practitioners. Toilets, urinals and hand washing facilities shall be maintained in a sanitary condition at all times.
g.
Furniture in the procedure rooms shall be of non-porous materials and cleaned and sanitized after each use. The surface of all work tables shall be constructed of metal or other material which is smooth, light-colored, nonabsorbent, corrosive-resistant and easily cleanable and cleaned and sanitized after each use.
h.
The body art establishment shall have a waiting area that is physically separated from workstations.
i.
Proper closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils and other paraphernalia used in the studio shall be provided for each body art practitioner. Sharps containers shall be made available at each location.
j.
The body art establishment shall have proper facilities for the disposition of waste materials. Written plans are to be submitted to the Health Department for proper disposal.
k.
No smoking shall be permitted in any body art establishment.
l.
The holder of any license to operate shall not allow a body art practitioner to perform in his/her body art establishment unless the body art practitioner is the holder of a valid registration as defined in this section.
m.
The holder of a "license to operate" shall maintain proper records for each patron. A record of each patron shall include the date on which he/she had the body art performed, his/her name and his/her signature, address and age, the design of the body art and its location on his/her body, and the name of the body art practitioner who performed the service. These records shall be entered in ink or indelible pencil in a bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the Department of Health or any law enforcement officer and shall be preserved for at least three years from the date of the last entry therein.
n.
Only body art shall be permitted in the body art establishment.
o.
Only single use, all disposable equipment that comes into contact with clients' skin and bodily fluids shall be used. Single use items shall not be used on more than one client for any reason. This includes but is not limited to: tubes, needles, cartridges, grips, clamps and markers.
p.
Aluminum foil or plastic covers shall be used to protect items and surfaces that may become contaminated by blood or saliva during use and that are difficult or impossible to clean and disinfect. These coverings shall be removed, discarded, and replaced with clean material between clients.
q.
It shall be a violation of this section for anyone or any tattoo business to perform body art on an individual under 18 years of age without the presence, written consent, and proper identification of a parent or legal guardian. The operator shall be responsible for maintaining a copy of the birth certificate, original consent form and copies of all consent information for a period of three years. The operator shall obtain a copy of government issued photographic identification of all the individuals being tattooed and all records shall be available for inspection upon request.
r.
Each person wishing to receive a tattoo must first apply to the operator, on a form approved by the Health Department. If the applicant is suspected to be under the influence of alcohol, drugs or any other behavioral modifying substance, the operator must refuse the applicant.
s.
All records regarding tattoos are to be maintained for a minimum of three years. Information required for each applicant referred to in Subsection r is to include the name, age, date of birth, address and telephone number of the applicant as well as the design and location of the tattoo.
t.
All infections resulting from the practice of tattooing which become known to the operator shall be promptly reported to the Health Officer by the person owning or operating the tattoo establishment or by the tattoo artist.
[Ord. No. 2017-20 § 8-11.10]
a.
The body art practitioner will use standards of aseptic technique in tattooing, dressing and other operations that are approved by the Department of Health. He/she will use only such germicides and dressings as are approved by said Department. All instruments, needles, stencils, dyes, pigments, dressing materials, razors, and other equipment used by the body art practitioner while tattooing shall be sterile.
b.
The following minimum standards shall be observed at all times.
1.
No person, except a duly licensed physician, shall practice body art in any place other than a body art establishment for which a certificate of inspection has been issued.
2.
It shall be unlawful to perform any body art procedure on an individual who is under the influence of intoxicating liquor or drugs.
3.
It shall be unlawful to perform any body art procedure on an individual under the age of 18 years without the notarized written consent of a parent(s) or legal guardian of such individual and copy certified birth certificate. Such written consent and birth certificate shall be kept on file as provided in this section.
4.
No person with any disease in a communicable form or suspected of having such disease shall engage in body art. Such diseases may include but shall not be limited to the common cold, influenza, tuberculosis, scabies, impetigo, syphilis, chickenpox, measles (rubeola), German measles (rubella), mumps, whooping cough, hepatitis, AIDS, infection on hands or arms, sore throat or jaundice of the skin or sclera. The Department of Health may require a certificate signed by a duly licensed physician stating that said person is free from communicable diseases before permission to resume operation is granted.
5.
Immediately after performing body art on a patron, the body art practitioner shall advise that patron in writing on the care of the procedure and shall instruct the patron to consult a physician at the first sign of infection of the body art.
6.
Each body art practitioner must maintain a high standard of personal cleanliness and must wear a clean outer garment.
7.
Before working on each patron, each body art practitioner shall thoroughly wash and scrub his/her hands with hot running water, and approved soap. When working on a patron each body art practitioner shall wear disposable non-latex gloves.
8.
That portion of the patron's skin to be tattooed shall be prepared by washing with hot water and approved soap; by shaving with a sterile safety razor and a single-service blade; and shaving shall be followed by a thorough cleansing with hot water and approved soap applied with a clean, disposable cotton gauze or paper towel.
9.
The stencils for transferring the design to the skin shall be disposable paper stencils. No plastic or reusable stencils shall be used.
10.
Single-service or individual portions of dyes or pigments in clean, sterilized, individual containers or single service containers must be used for each patron. After tattooing, the remaining unused dye or pigment in the single service or individual containers must be discarded. All dyes or pigments used in tattooing shall be approved by the Department of Health.
11.
Storage cabinets shall be maintained in a sanitary condition, and all instruments, dyes, pigments, stencils and other paraphernalia shall, when not being used, be kept in them in an orderly arrangement.
12.
Work tables shall be kept clean and orderly and shall have washable interiors.
13.
All rooms used for body art procedures shall be completely separated from any room used for human habitation, food service or other such activity which may cause potential contamination of work surfaces.
14.
No person, except a duly licensed physician, shall engage in the practice of removing any tattoo.
[Ord. No. 2017-20 § 8-11.11]
a.
The Health Department shall inspect every body art establishment as often as the Health Department deems necessary using an inspection report form.
1.
A representative of the Health Department shall provide proper identification.
2.
During all hours of operation, the operator shall permit access to all parts of the establishment and all pertinent records required for the inspection shall be made available to the Health Department representative for review.
3.
Results of the inspection shall be made available to the public upon request.
4.
Should an establishment be found to be in violation of N.J.A.C. 8:27-1.1 et seq. or other provisions of this section and the Health Department determines that a reinspection is necessary, a re-inspection fee shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected within the time prescribed by the Health Department. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.
[Ord. No. 2017-20 § 8-11.12]
Unless another penalty is specifically provided elsewhere in the Code or in law of the State or Federal government, any person who violates any provision of this section, any other chapter of this Code or any other ordinance of the Township shall, upon conviction, be punishable by a fine of no less than $50 not more than $1,000 for each violation. Each day that such violation continues shall be deemed a separate offense.
a.
Reasonable counsel fees incurred by the Health Department in the enforcement of this section shall be paid by the defendant. The amount of such reimbursable fees and costs shall be determined by the court hearing the matter.
[Ord. No. 2017-20 § 8-11.13]
Temporary body art establishments shall be prohibited.
[Added 6-24-2019 by Ord. No. 2019-08]
[Amended 6-28-2021 by Ord. No. 2021-08]
Any business that sells medicinal marijuana is strictly prohibited in all zones.
[1]
Editor's Note: Former Subsection 8-12.2, Use of Marijuana, was repealed 9-24-2019 by Ord. No. 2019-21.
[Added 4-25-2022 by Ord. No. 2022-03]
Pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6, the Individual Subsurface Sewage Disposal Code (1990), N.J.A.C. 7:9A, is hereby adopted by the Township. A copy of the code is annexed hereto and made a part hereof without the inclusion of the text herein.
[Added 4-25-2022 by Ord. No. 2022-03]
The code adopted and established by this section is described and commonly known as the "Individual Subsurface Sewage Disposal Code of New Jersey (1990)."
[Added 4-25-2022 by Ord. No. 2022-03]
Three copies of the Individual Subsurface Sewage Disposal Code of New Jersey have been placed on file in the office of the Secretary, Clerk or similar officer of the Department of Health and will remain on file in such office for the use and examination of the public.
[Added 4-25-2022 by Ord. No. 2022-03]
a.
Individual Subsurface Sewage Disposal Systems, septic installation fees and charges shall be as follows:
1.
Soil log: for observation of tests by the licensed professional engineer or by the Health Officer, or registered environmental health specialist designated by the Township, for purposes of meeting the requirements of an application for an individual sewage disposal system, either to locate and construct one, or for subdivision approval, the sum of $ 120; and for the alteration of an existing one, the sum of $90.
2.
Plan review: for the filing and review of an application and plans to locate and construct a new individual sewage disposal system, the sum of $240; and for the alteration of an existing one, the sum of $185.
3.
Plan revision: for the review of a revised application and plans to locate and construct a new individual sewage disposal system, the sum of $90; and for the alteration of an existing system, the sum of $85.
4.
Installation permit: for the issuance of a permit to locate and construct a new individual sewage disposal system, the sum of $185; or a permit for the alteration of an existing one, the sum of $185.
5.
Installation permit, repair: for the filing of an application and issuance of a permit to repair an existing system, the sum of $90.
6.
For each reinspection of an individual sewage disposal system, or part thereof, caused by the failure of the permittee to locate and construct, alter or repair the same in accordance with the terms of the permit issued or the terms of the aforesaid code, no charge.
7.
For the issuance of a license to engage in the business of constructing, reconstructing or extending septic tanks or other individual sewage disposal systems in accordance with § 18-13.6, Installer's License; Bond, a fee of $120 shall be charged.
8.
Renewal of installation permits: for the renewal of an installation permit, the sum of $65.
b.
For the issuance of a license to remove the septic sludge from the individual or non-individual sewage disposal systems, the septic sludge removal operator shall pay a flat fee of $100 to cover all the operator's vehicles for the license period.
[Added 4-25-2022 by Ord. No. 2022-03]
All permits for the location or alteration of an individual sewage disposal system shall be valid for a period of one year after date of issuance.
[Added 4-25-2022 by Ord. No. 2022-03]
a.
Persons shall not engage in the business of constructing, reconstructing or extending septic tanks or other individual sewage disposal system or part thereof without first having obtained a license to do so from the Department of Health or its authorized representative. Applicant must show proof of his knowledge and experience in the installation of sewage disposal devices. A license so issued shall expire on December 31 in each year. Such a license may be revoked or suspended for failure of the licensee to comply with the provisions of the code or any rule or ordinance of the Department of Health. Licenses not renewed by their expiration shall not be renewed until the applicant has been reexamined.
b.
A person who has been issued a license to engage in the business of constructing, reconstructing or extending septic tanks or other individual sewage disposal systems or part thereof shall execute and deposit with the Department of Health or its administrative authority a surety bond of a reliable surety company acceptable to the administrative authority, and doing business in the State of New Jersey, provided that the bond shall be in the amount of $10,000. Such bond shall be conditioned upon compliance with the provisions of this code, and the person or persons so bonded being obliged to pay all fines and penalties as may be imposed upon him or them pursuant to law for violation of the provisions of this code and article. A license or permits issued under this article shall not be valid unless such a bond has been executed and deposited as herein provided.
c.
Persons may install an individual sewage disposal system upon property owned by such persons without having first obtained an installer's license, provided that they satisfactorily demonstrate their knowledge in the installation of sewage disposal devices through a written test to be administered by the Health Department.
[Added 7-28-2025 by Ord. No. 2025-19]
[Added 7-28-2025 by Ord. No. 2025-19]
The purpose of this section is to protect the public's health and general welfare by licensing and regulating establishments that sell electronic smoking devices, vapor products, electronic liquids, liquid nicotine and/or psychoactive drugs/substances as defined in this section and to more effectively prohibit the sale, furnishing or giving of these products to persons under the age of 21.
[Added 7-28-2025 by Ord. No. 2025-19]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number shall include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes.
Any "cannabis establishment," "cannabis delivery service" and "cannabis distributor" as defined in this section and within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, as amended and supplemented,[1] and any and all other persons and entities engaging in any class, kind or type of commercial or noncommercial cannabis related business activity or operation subject to regulation by municipal ordinance.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
CBD can be derived from hemp or from non-hemp plants. Hemp is defined as any part of the cannabis sativa plant with no more than 0.3% of tetrahydrocannabinol (THC), the mind-altering substance in marijuana. At the federal level in the U.S., hemp-derived products – including CBD products – are legal under the 2018 Farm Bill as long as they contain no more than 0.3% THC by dry weight.
A distinguishable flavor, taste, or aroma, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring, menthol, mint, tobacco, or nicotine in liquid, wax, gel, oil, cartridge, or in any other format that is imparted, prior to or during consumption, by an electronic smoking device or other related product. An electronic smoking device or other related product shall be deemed to have a characterizing flavor if the device is packaged with, contains, or includes such flavors or ingredients in liquid, wax, gel, oil, cartridges, or any in other format and/or is advertised or marketed as having or producing characterizing flavors.
Liquid, wax, gel, solution or other form of ingredient mixed, prepared, enhanced, and/or combined by the retailer intended to be sold, distributed, given or offered for sale for the purpose of inhaling with or without the use of an electronic smoking device and that have not been produced, prepackaged and labeled by a recognized, government approved manufacturer/wholesaler.
A type of food or beverage item infused with one or more cannabis derivatives or concentrates containing CBD or containing nicotine, THC and/or other psychoactive substances. Edibles can come in a variety of forms such as classic baked goods, traditional chocolate bars, gummies, chewing gum, chewable tablets, and lozenges. Additional unique infused items like extra virgin olive oil, hot sauce, granolas, hard candies, and beverages have become available.
An electronic or other powered device that can be used to deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo, pipe, vape pen or any cartridge, refill or other component of the device or related product, including but not limited to refills such as liquids, gels, waxes and powders.
The local health department of the Township of Fairfield.
The local New Jersey Licensed Health Officer or his/her authorized designee.
Hemp is defined as any part of the cannabis sativa plant, any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with no more than 0.3% of tetrahydrocannabinol (THC), the mind-altering substance in marijuana.
"Hemp product" means a finished product with a total tetrahydrocannabinol concentration of not more than 0.3%, and not more than 0.5 milligrams of total THC per serving and 2.5 milligrams of total THC per package, that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.
A temporary or permanent business operated from a truck, a cart, other vehicle, hand-carried portable container or device, or mobile platform or unit.
The time period covering January 1 through December 31 of the year for which a license is issued pursuant to this section.
Any solution containing nicotine, other psychoactive components or any other ingredients which are designed, sold, distributed or given for use with an electronic smoking device or vapor product.
A bottle or other container of liquid, wax, gel, or other substance containing nicotine, other psychoactive components and/or other ingredients where the liquid or other contained substance is sold, marketed or intended for use in a vapor product but does not include containers prefilled and sealed by the manufacturer and is not intended to be opened by the consumer.
Any person, including any re-packer and/or re-labeler, who compounds, modifies, mixes, manufactures, fabricates, assembles, processes, labels, re-packs, re-labels or imports electronic smoking devices, vapor products, tobacco products, electronic liquids or and/or psychoactive drugs/substances as defined in this section.
Any entity that meets Internal Revenue Service (IRS) Internal Revenue Code § 501(c)(3), as well as any other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain.
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
Pouches are a type of smokeless product used as a delivery system for CBD or psychoactive substances such as nicotine and THC. Pouches are pre-portioned, may or may not contain tobacco but they do contain flavorings, sweeteners and plant-based fibers and will also contain nicotine and/or other psychoactive substances such as CBD and THC. Pouches are placed between the cheek and gum and allows chemicals to be released and absorbed into the bloodstream.
Psychoactive substances or drugs that are not FDA approved or that are offered for sale, sold, distributed or given directly to the consumer for use by humans outside of its approved or intended use. Those drugs or substances from unlicensed or unapproved sources. Illicit substances or drugs in any form, or psychoactive substances or drugs that are being sold, distributed or given directly to the consumer from a retail outlet that is not authorized by law or properly licensed to offer for sale, sell, distribute or give the substance or drug in any form directly to the consumer or that is not an approved and licensed cannabis business. Psychoactive substances or drugs in any form or Liquid Nicotine/E-Liquid as defined in this section that are not pre-made, prefilled, prepackaged, labeled and sealed by a recognized, government approved manufacturer/wholesaler and/or which are not intended to be opened by the consumer. Custom produced vapor and E-Liquids as defined in this section.
Any method used to introduce psychoactive substances or drugs to the human body. This includes but is not limited to liquid nicotine/e-liquid, vapor products, edibles, tinctures, pouches, topicals and snuff as they are defined in this section.
Drugs or substances that change the function of the nervous system and affects how the brain works. Drugs and/or substances that result in alterations of perception, mood, cognition, awareness, thoughts, feelings, and/or behavior. Examples of psychoactive substances or drugs include alcohol, caffeine, nicotine, cannabis, THC and CBD with more than 0.3% THC by dry weight. For the purposes of this section all THC classifications including, but not limited to Delta 8, 9 and 10, meet the definition of psychoactive substances. For the purposes of this section, this definition also includes hallucinogens, a.k.a. psychedelics, whether natural or synthetic, legal or illicit, FDA approved or non-FDA approved, including but not limited to PCP, LSD, Mescaline, Tryptamines, Ketamine, Psilocybin, mushrooms containing Psilocybin, Ketamine, Tianeptine, Kratom, opioids, etc. For the purposes of this section, this definition shall not include those drugs or substances legally obtained from licensed healthcare providers, dispensaries or pharmacies and used to treat specifically approved and identified maladies, disabilities and/or medical conditions. Commercially processed foods and beverages containing the regulatory limits of caffeine such as chocolate, cocoa, coffee, tea, soft drinks, etc., shall not meet this definition. In regard to nicotine, those traditional, state regulated items containing tobacco leaf such as cigarettes, cigars, pipes, chewing tobacco, snuff or pouches, shall not meet this definition. CBD from hemp with 0.3% THC or less, in any form, shall not meet this definition. Cannabis products required to be sold at authorized and licensed dispensaries do not meet this definition for the purposes of this section.
Any establishment, person, entity or business that sells, distributes, gives or offers for sale electronic smoking devices designed for use through inhalation and/or sells, distributes, gives or offers for sale non-combustible psychoactive ingredients in any form for the purpose of inhalation, ingestion and/or absorption and/or sells any equipment, associated paraphernalia and/or supplies, including but not limited to rolling papers, cartridges, electronic devices, accessories, pipes, hookahs, vape pens, topicals, gummies, candies, gum, pouches, food and beverages in any form and/or other psychoactive substance or drug delivery systems as defined in this section. The definition of Retail Electronic Smoking Device/Psychoactive Substance Establishments do not include health care, pharmaceutical, permitted cannabis or retail food businesses that sell food or beverages with caffeine such as chocolates, soft drinks, coffee, tea or sell traditional, combustible and non-combustible, tobacco products that contain nicotine and leaf tobacco, such as cigarettes and cigars, chewing tobacco, loose snuff or pouches, or cessation aids such as patches and/or lozenges that are manufactured, approved and marketed specifically as a smoking/nicotine addiction cessation treatment.
Every delivery of electronic smoking devices, vapor products, tobacco products and/or psychoactive drugs/substances as defined in this section, whether the same is by direct sale or the solicitation or acceptance of an order, including exchange, barter, keeping and exposing for sale, delivering for value, peddling and possession with intent to sell, distribute, or give, whether or not for any form of consideration.
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, plant or chemical product intended for inhalation, whether natural or synthetic, including but not limited hookahs and marijuana, or the use of pipes, cigarettes, cigars or any other form of combustible or non-combustible device and including any form of electronic smoking device.
A type of smokeless product made from finely ground or pulverized tobacco leaves and/or other chemicals and ingredients. It is snorted or "sniffed" into the nasal cavity, delivering a swift hit of CBD or psychoactive substances such as nicotine and usually has a lasting flavored scent. Snuff is held to the nostrils manually but may include a specially made "snuffing" device.
THC or Tetrahydrocannabinol is the major psychoactive component in cannabis. Any part of the cannabis sativa plant with more than 0.3% of tetrahydrocannabinol (THC), the mind-altering substance in marijuana, would not meet the legal definition of CBD. For the purposes of this section all THC classifications including, but not limited to Delta 8, 9 and 10, tetrahydrocannabinolic acid and any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, regardless of how derived or manufactured, and any other cannabinoid, other than cannabidiol, identified by the Cannabis Regulatory Commission, in consultation with the Department of Agriculture and the Attorney General, as causing intoxication are considered THC and thus are considered psychoactive substances as they are defined in this section.
Alcohol or oil-based liquids that can be infused with cannabis derivatives or concentrates containing CBD or containing nicotine, THC and/or other psychoactive substances. Tinctures are commonly consumed sublingually, left under the tongue to absorb into the mucus membranes for 10 to 15 seconds. Consumers can also use tinctures by infusing them into food or beverages or applying them topically for various skin conditions.
Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. "Tobacco product" also means any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers and/or pipes, "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration and defined in the Federal Food, Drug and Cosmetic Act.[2]
For the purposes of this section, an agent applied to a certain area of the skin and is absorbed into the bloodstream.
Any non-combustible product containing nicotine or other substances that employs or intends to employ a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor, including but not limited to any form of electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any e-liquid, liquid nicotine, vapor cartridge or other container of solution or other form with or without nicotine intended to be used with or in any such device.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
Only Retail Electronic Smoking Device/Psychoactive Substance Establishments licensed by the Health Department shall be permitted to sell, distribute or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine, vapor products, associated paraphernalia or legal psychoactive substances as defined in this section, in any form.
b.
It shall be unlawful for any retail business to manufacture electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine or psychoactive substances as defined in this section, in any form.
c.
It shall be unlawful for a business which holds a retail food establishment license issued by the Health Department, and/or a license for the retail sale of motor fuel issued by the State of New Jersey, and/or a liquor license issued by the State of New Jersey to sell electronic smoking devices, components or parts, electronic liquid, liquid nicotine, vapor products and/or psychoactive drugs/substances as defined in this section, in any form. The applicable businesses shall comply with this section within 60 days of the passage of this section.
d.
Those Retail Electronic Smoking Device/Psychoactive Substance Establishments which sell, distribute or give edibles are required to adhere to the requirements set forth in N.J.A.C. 8:24, entitled, "Sanitation in Retail Food Establishments and Food and Beverage Vending Machines." No other food or beverage may be sold, distributed or given at Retail Electronic Smoking Device/Psychoactive Substance Establishments. The issuance of a retail food establishment license to a Retail Electronic Smoking Device/Psychoactive Substance Establishment is prohibited.
e.
It shall be unlawful for Retail Electronic Smoking Device and Psychoactive Substance Establishments not in operation at the time of the adoption of this section to be located within 500 feet of any public recreational field or park, or public or private elementary or secondary school.
f.
It shall be unlawful for temporary or itinerant establishments, transient merchants, or peddlers to operate as a Retail Electronic Smoking Device/Psychoactive Substance Establishment.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
The entry of individuals under the age of 21 into any portion of a Retail Electronic Smoking Device and Psychoactive Substance Establishment is prohibited.
b.
It shall be the duty of a Retail Electronic Smoking Device and Psychoactive Substance Establishment licensee and his/her employees to verify that any individual entering any portion of the establishment is 21 years of age or older by requesting and examining government-issued photographic identification immediately upon entry of such individual.
c.
No individual under the age of 21 shall be employed by a Retail Electronic Smoking Device and Psychoactive Substance Establishment.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
No person or business shall sell, distribute or give electronic smoking devices, electronic smoking device supplies or equipment, vapor products, associated paraphernalia, e-liquids, liquid nicotine and/or psychoactive substances as defined in this section, in any form, to any person under 21 years of age.
b.
Any retailer, employee or other person selling, distributing or giving electronic smoking devices, electronic smoking device supplies or equipment, vapor products, associated paraphernalia, e-liquids, liquid nicotine and/or psychoactive substances as defined in this section in any form, shall verify by means of government-issued photograph identification that contains the bearer's date of birth, that no purchaser of same is younger than 21 years of age, regardless if a note or any form of communication from another person of age is provided to the retailer, employee or other person who is managing the transaction.
c.
A Retail Electronic Smoking Device and Psychoactive Substance Establishment must require proof of age from any customer who is of the appearance of 26 years of age or younger. Proof must come in the form of a valid government-issued photo ID. No such verification is required for any purchaser over 26 years of age.
d.
Self-service displays and vending machines of electronic smoking devices, electronic smoking device supplies or equipment, vape products, E-liquid, liquid nicotine, associated paraphernalia, and/or psychoactive substances as defined in this section, in any form, shall be prohibited.
e.
An employee of a Retail Electronic Smoking Device/Psychoactive Substance Establishment must control the sale of such product described in paragraph a through direct, face-to-face exchange between the retailer and the consumer.
f.
No Retail Electronic Smoking Device/Psychoactive Substance Establishment shall distribute, or cause to be distributed, any samples or allow sampling of electronic smoking devices, components or parts, associated paraphernalia, electronic liquid, liquid nicotine and/or psychoactive substances as defined in this section, in any form.
g.
The sale of any electronic smoking device or vapor product refills, including, but not limited to, any and all liquids, gels, waxes or powders, whether or not such refill contains nicotine, that are not contained in packaging that is child-resistant is prohibited as set forth in N.J.S.A. 2A:170-51.9 et seq.
h.
Electronic smoking devices, vapor products, components or parts, associated paraphernalia, electronic liquid containers or cartridges, liquid nicotine containers or cartridges and/or psychoactive substances in any form, including, but not limited to, edibles and pouches and the packaging for all products listed herein, shall not be labeled with or in the form or take the shape or illustrate an image or likeness of animals, toys, fruits, vegetables, cartoon or other characters, or other images commonly directed to children or minors.
i.
Electronic smoking devices and vapor products, components or parts, associated paraphernalia, electronic liquid, liquid nicotine and any other solution, ingredient or other vapor delivery system shall not be flavored with characterizing flavors as they are defined in this section nor shall they emit fragrances of any kind.
j.
Retail Electronic Smoking Device/Psychoactive Substance Establishment license holders may only do in-person marketing and sales within the licensed establishment. There shall be no cross marketing or sales at unlicensed retail locations, temporary or mobile locations, including, but not limited to, street fairs, local fairs, festivals, other events or from trucks or vehicles, motorized or otherwise.
k.
Smoking or sampling inside Retail Electronic Smoking Device/Psychoactive Substance Establishments is prohibited.
l.
All outdoor smoking by any person shall be limited to 25 feet outside entrances, operable windows and ventilation systems of enclosed areas to prevent migration, seepage or recirculation of smoke into an indoor public place or a workplace in which smoking is prohibited.
m.
It shall be unlawful for Retail Electronic Smoking Device/Psychoactive Substance Establishments to allow the use or sampling of the devices or smoking related products outdoors within 50 feet of the establishment.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
Signage shall be conspicuously posted on entry doors to the establishment in English with letters of no less than one inch in size which states: "Entry of persons under the age of 21 is prohibited. Government-issued photographic identification must be presented immediately upon entry."
b.
Signage shall be conspicuously posted at the point of display and at the point of sale in English with letters of no less than 1/2 in size which states:
1.
"A person who sells, offers to sell or gives electronic smoking devices, electronic smoking device supplies or equipment, vapor products, E-liquid, liquid nicotine, associated paraphernalia, and/or psychoactive substances in any form to a person less than 21 years of age shall be subject to monetary penalty and may be subject to a license suspension or revocation. Proof of age is required for purchase. Those persons or establishments in violation are subject to prosecution."
2.
"Smoking or sampling any product or device inside this place of business is prohibited by law. Those establishments or individuals in violation are subject to prosecution."
[Added 7-28-2025 by Ord. No. 2025-19]
a.
No person shall conduct, maintain, or operate a Retail Electronic Smoking Device/Psychoactive Substance Establishment without first submitting an application for licensure on forms promulgated by the Health Department.
b.
No proprietor shall operate a Retail Electronic Smoking Device/Psychoactive Substance Establishment unless such proprietor has received a license from the Health Department.
c.
A fee of $1,200 for a Retail Electronic Smoking Device/Psychoactive Substance Establishment License shall be paid before the required license set forth in this section shall be issued.
d.
Licenses issued under the provisions of this section, unless forfeited or revoked by the Health Department, shall expire annually on the 31st of December. Each establishment shall apply for a renewal of their license for each retail location, and the annual license renewal fee shall be $1,200 per Retail Electronic Smoking Device/Psychoactive Substance Establishment location, payable by December 31st. If a renewal application and payment are not received by January 31st, the Health Department may deem the license forfeited.
e.
At the time of the initial application and for any subsequent renewals, the applicant or the licensee shall:
1.
Disclose if the applicant is also a manufacturer or distributor of electronic smoking devices, psychoactive drugs or substances, vapor products, e-liquids and/or liquid nicotine and if that aspect of their business is conducted or will take place at the Retail Electronic Smoking Device/Psychoactive Substance Establishment or at any other location(s) under their control, management or ownership.
2.
Provide contact information for the manufacturer or distributor or other business(es) from which the electronic smoking devices, components or parts, electronic liquid, psychoactive drugs or substances, vapor products and/or liquid nicotine are purchased.
f.
The Retail Electronic Smoking Device/Psychoactive Substance Establishment license shall be posted in a conspicuous location where it may be readily observed at eye level by all patrons before or immediately upon entering the establishment. No portion of the license shall be obstructed from view during display.
g.
It shall be unlawful for any person to erase, cancel, deface, or alter a license once it has been issued by the Health Department.
h.
The owner or person in charge of an establishment shall permit any municipal official, inspector or police officer who has presented proper identification to fully examine any license issued under this section.
i.
No licenses shall be issued to temporary or itinerant establishments, transient merchants, or peddlers.
j.
Licenses are not transferable by sale or otherwise and are not prorated. Any establishment that changes ownership must submit a new application and receive a new license prior to the opening of the establishment.
k.
A person purchasing an existing Retail Electronic Smoking Device/Psychoactive Substance Establishment after the effective date of this section shall apply for a new license no later than 10 days prior to commencing operation under new ownership. Operators of Retail Electronic Smoking Device/Psychoactive Substance Establishments are required to notify the Health Department of the impending sale of the establishment no later than 30 days prior to the transfer of ownership.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
The Health Officer or his/her designee or authorized agent shall have the right to inspect any Retail Electronic Smoking Device/Psychoactive Substance Establishment as often as he/she deems it necessary.
b.
Any duly appointed police officer of the municipality shall be permitted to enter and inspect the premises for compliance with this section.
c.
All parts of the establishment shall be made accessible to the Health Officer or his/her designee and to any duly appointed municipal police officer.
d.
It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the Health Officer or his/her designee or any duly appointed municipal police officer to perform an inspection and grant access to all areas of the establishment.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
Licenses issued under this section may be revoked or suspended by the Health Officer or his/her designee, pending a formal hearing before the Board of Health, for the following causes:
1.
Fraud, misrepresentation or false statement in the application for the establishment license.
2.
Fraud, misrepresentation or false statement made to the Health Officer or his/her designee or any duly appointed municipal police officer while operating the licensed business in the municipality.
3.
Fraud, misrepresentation or false statement made to customers or to the general public whether verbally, with signage or advertising, in any form, while operating the licensed business in the municipality.
4.
Conducting the licensed business within the Town in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.
5.
An existing or threatened menace to the public health as determined by the Health Officer.
6.
The owner and/or operator or any employee refuses to permit, hinders, or obstructs, the Health Officer or his/her designee or any duly authorized municipal police officer to inspect the premises or the operations therein at any time.
7.
For repeat violations of this section or for any violations of this section that constitute a menace to the health, safety, or general welfare of the public as determined by the Health Officer.
b.
A person, firm, corporation, or other entity whose license has been revoked or suspended shall close the establishment and request all patrons to vacate the premises.
c.
The licensee shall be entitled to a hearing before the Board of Health within a reasonable time, which is not to exceed 15 days, for the purpose of seeking reinstatement of a suspended or revoked license.
d.
Written notice of the time and place of such a hearing shall be served upon the licensee by the Health Officer or his/her designee at least three days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may be given either by personal delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon such license by simultaneous regular mail and certified mail, return receipt requested.
e.
At the hearing before the Board of Health, the licensee shall have an opportunity to answer and may thereafter be heard, and upon the consideration and deliberation by the Board, the complaint may be dismissed, or if the Board concludes that the charges have been sustained and substantiated, it may deny reinstatement of the license and/or stipulate the conditions required for reinstatement of the license.
f.
A licensee may appeal any decision of the Board of Health by the filing of a written notice to appeal within seven days of the Board of Health's decision. The Board of Health shall hear such appeal within 10 days of the notice to appeal by the applicant. An appeal to the Board of Health shall stay a suspension or revocation. The Board of Health shall affirm, reverse, modify or remand such decision to the licensee within 15 days of such hearing.
g.
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the municipality, unless the application for such license shall be approved by the Board of Health.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
The Health Officer or his designee is hereby charged to be the primary enforcer of this section. All duly sworn officers of the municipality's police department may also act as enforcers of this chapter.
b.
Notwithstanding any provision of this section, a private citizen may bring legal action to enforce this section.
c.
It shall be unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to the restrictions of this section to fail to comply with its provisions.
d.
It shall be unlawful for any person to willfully oppose or otherwise act to interfere with or obstruct the Health Officer or his/her designee or any Police Officer in the performance of duties under this chapter. The Health Officer or designee may request the assistance of the Police Department whenever they deem necessary to execute his or her official duty in the manner prescribed by law.
[Added 7-28-2025 by Ord. No. 2025-19]
Should an establishment be found to be in violation of this Chapter or applicable State or federal law, and as a result, the Health Department determines that a re-inspection is necessary, a re-inspection fee in an amount equal to the establishment's annual license shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.
[Added 7-28-2025 by Ord. No. 2025-19]
a.
Unless otherwise provided by law, statute, or ordinance, any person(s) who is found to be in violation of any of the provisions of this section shall, upon conviction thereof, pay a fine:
1.
$1,000 for the first violation,
2.
$1,500 for the second violation, and
3.
$2,000 for the third violation and each subsequent violation.
Each violation, and every day in which a violation occurs, shall constitute a separate violation. No fines shall be issued for 60 days after publication of this section, unless the portion of this chapter that was violated pre- existed the publication.
b.
The penalties set forth in paragraph a are in this subsection are in addition to any other penalties that may be imposed, including, but not limited to, penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A: 170-51 et seq. and/or N.J.S.A. 2C:33-13.1 et seq.
c.
Should it be determined that the conduct of the licensee is detrimental to the health, safety and general welfare of the public, such establishment's license may be suspended by the Health Officer or designee and the establishment shall close until all violations are corrected. The Health Officer may also recommend revocation of the license and suspend the license pending the revocation hearing referred to in subsection 8-14.9a of this section.
d.
Any violator of this section whose license has been revoked and who also is in possession of any other license(s) issued by the municipality, may be subject to the suspension or revocation of those licenses or other penalty determined to be appropriate by the municipality. No such action may be taken unless the requirements of due process as set forth in this section are satisfied.
e.
Any person who continually violates this section may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
f.
Each sale, furnishing or giving of electronic smoking devices, electronic smoking device supplies, components, parts or equipment, vapor products, E-liquid, liquid nicotine, and/or psychoactive substances in any form, as defined in this section or tobacco products and/or nicotine delivery products or associated paraphernalia to any person under the age of 21 shall constitute a separate violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation.
[Added 7-28-2025 by Ord. No. 2025-19]
It shall be the lawful right for any member of the Health Department, the Health Officer, health inspectors, sworn municipal police officers or any other person acting under and by the authority of the Health Department to enter in and upon any premises in the exercise of the powers or in the fulfillment of its or their duties conferred or imposed by law or local ordinance and the rules and regulations thereunder. Any person hindering, obstructing, delaying, resisting, preventing or interfering with such right of access shall be deemed to violate the provisions of this section.
[Added 7-28-2025 by Ord. No. 2025-19]
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this section, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, void, or ineffective for any cause or reason, such determination shall not affect the remaining provisions of this section, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are severable.
[Added 7-28-2025 by Ord. No. 2025-19]
All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this section are hereby repealed to the extent of such conflict or inconsistency.
[Added 7-28-2025 by Ord. No. 2025-19]
This section shall take effect after publication at the time and in the manner directed by law. Fines, penalties and court summonses shall not be issued for any violations of this section that did not pre-exist publication, for a period of 60 days from the date of publication.