The Board shall exercise its powers in accordance with N.J.S.A.
26:3-31 et seq. and Title 8 of the New Jersey Administrative Code,
which are hereby incorporated by reference.
All the ordinances of the Board of Health of the Borough of
Roselle Park of a general and permanent nature, as codified, are ordained
as general ordinances and are adopted as the Board of Health Code
of the Borough of Roselle Park, County of Union, State of New Jersey.
All the provisions of the Board of Health Code of the Borough
of Roselle Park, County of Union, State of New Jersey, adopted by
the Board of Health shall be in force and effect on and after the
effective date of the ordinance adopting this Code.
All ordinances of a general and permanent nature adopted by the Board of Health of the Borough of Roselle Park prior to October 4, 2007, and not contained in this Board of Health Code of the Borough of Roselle Park, are hereby repealed from and after the effective date of this Code, except as hereinafter provided in Section
BH1-5; and excepting all ordinances adopted by the Board of Health or Borough Council effecting public health or environmental policy not included in this Board of Health Code of the Borough of Roselle Park.
The repeal provided for in Section
BH1-4 of this chapter shall not affect:
a. Any offense or act committed or done or any penalty or forfeiture
incurred or any contract or right established or accruing before the
effective date of this Board of Health Code.
b. Any prosecution, action, suit, or other proceeding pending or any
judgment rendered on or prior to the effective date of this Board
of Health Code.
c. Any provision of an ordinance or resolution of the Board of Health
of the Borough of Roselle Park creating employments, positions, or
offices and fixing duties therefor which are not provided in the Code
hereby adopted and which are not in conflict or inconsistent therewith.
Sufficient copies of the Board of Health Code adopted by the
Board of Health of the Borough of Roselle Park, Union County, New
Jersey, have been filed in the office of the Secretary of the Board
of Health of the Borough of Roselle Park and shall remain there for
the use and examination of the public until final action is taken
on this Board of Health Code.
Any and all additions or amendments to the Board of Health Code,
when passed in such form as to indicate the intention of the Board
of Health of the Borough of Roselle Park to make the same a part hereof,
shall be deemed to be incorporated in the Board of Health Code so
that reference to the Board of Health Code of the Borough of Roselle
Park shall be understood and intended to include such additions and
amendments.
One (1) copy of the Board of Health Code of the Borough of Roselle
Park, shall be and remain on file in the office of the Secretary of
the Board of Health of the Borough and made available to persons desiring
to examine same if this Board of Health Code shall be adopted and
while the same shall be in effect.
Every section of that part of the Code of the Borough of Roselle
Park adopted by the Board of Health and every part of each section
is an independent section or part of a section, and the holding of
any section or part thereof to be unconstitutional, void, or ineffective
for any cause does not affect the validity or constitutionality of
any other section or part thereof.
Each section of the ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void, or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part thereof.
This ordinance shall take effect immediately after final adoption
and publication according to law.
In compiling and preparing the ordinances of the Board of Health
of the Borough of Roselle Park for adoption and revision as part of
the Code of the Borough of Roselle Park, County of Union, State of
New Jersey, pursuant to N.J.S.A. 40:49-4, certain grammatical changes
and other minor changes were made in one (1) or more of said ordinances.
It is the intention of the Board of Health of the Borough of Roselle
Park that all such changes be adopted as part of the Code of the Borough
of Roselle Park, County of Union, State of New Jersey, as if the ordinances
so changed had been previously formally amended to read as such.