Editor's Note: The general power to adopt health
ordinances is contained in N.J.S.A. 26:3-31. The penalties that may
be provided for a violation of health provisions are contained in
N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained
in this chapter, the State Sanitary Code promulgated by the State
Department of Health is by reason of N.J.A.C. 8:52-14.2 and N.J.S.A.
26:1A-9 enforceable in every municipality in this State.
The Borough of Watchung Board of Health is established in the Revised General Ordinances, Section 2-38.
[New]
This Code shall be known and cited as the "Board of Health Code
of the Borough of Watchung, 2014" or the "Health Code."
[New]
For the purpose of this Health Code, the following words and
terms shall have the meanings herein given them:
Shall mean the authorized agent or authorized agents of the
Board of Health of the Borough of Watchung.
Shall mean the Board of Health of the Borough of Watchung,
or its official representative, except where otherwise specified.
Shall mean the Borough of Watchung, County of Somerset, State
of New Jersey.
Shall mean a written authorization which may be granted by
the Board or its agent, upon payment of the required fee, permitting
the conduct of specified acts for the period stipulated and in strict
accordance with the provisions of this Health Code and the Sanitary
Code and laws of the State of New Jersey.
Shall mean the current body of statutory law of the State
of New Jersey which contains the general and permanent laws, as amended
and supplemented.
Shall be construed as if the words "of the Board of Health
of the Borough of Watchung" followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted by the Board of Health and including this Health Code, so
long as it is adopted by the procedure required for the adoption of
an ordinance and so long as it remains in force and effect pursuant
to law, and shall include amendments thereto.
Shall mean any sole owner, part owner, joint owner, tenant
in common, tenant in partnership, joint tenant, or tenant by the entirety
of the whole or of a part of a building or land.
Shall mean a temporary authorization to do a single act or
acts of short duration, but in all other respects shall be the same
as a license.
Shall mean any natural person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporations
or any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section and "he," his," or "him," shall include persons of the female
gender.
Applied to a building or land, shall mean and include any
person who occupies the whole or part of such building or land, whether
alone or with others.
[New]
For the purpose of this Health Code and any other ordinances
heretofore or hereafter adopted, except as the context may otherwise
require:
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural, and the plural, the
singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed
by excluding the first and including the last day, and if the last
day be a Sunday or legal holiday, that day shall be excluded.
"Writing" and "written" include printing, typewriting and any
other mode of communication using paper or similar material which
is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if
the sense requires and indicates such meaning.
Whenever a specific time is used in this Health Code, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this
Health Code shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
[New]
If any section, paragraph, subparagraph, clause or provision
of this Health Code shall be adjudged invalid, illegal or unconstitutional,
such adjudication shall apply only to the specific chapter, section,
paragraph, subparagraph, clause or provisions so adjudged and the
remainder of the Health Code shall be deemed valid and effective.
a.
Penalty for Violation.
1.
Violations of Board of Health Code. Unless otherwise specified, any
person violating any of the provisions of any chapter of this Health
Code or ordinance adopted by the Board of Health of the Borough 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 Borough or before such other judicial officer having
authority under the laws of the State of New Jersey. In addition,
the Court shall have the power to impose other penalties provided
by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
[N.J.S.A. 26:3-70]
2.
For any and every violation of the provisions of this Health Code,
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist and the lessee or
tenant of any part of a building or premises in which part such violation
has been committed or shall exist and every person who violates, commits,
takes part or assists in the violation of this Health Code shall,
upon conviction, be liable for the penalty stated above.
[N.J.S.A. 26:3-70]
3.
Violations of the State Sanitary Code. Unless otherwise specified,
each violation of any provision of the State Sanitary Code shall constitute
a separate offense and shall be punishable by a penalty of not less
than $50 nor more than $1,000.
[N.J.S.A. 26:1A-10]
b.
Separate Violations. The continuation of such violation for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[New]
c.
Refusal to Pay Fines or Judgment. The Judge of the Municipal Court
may cause a defendant who refuses or neglects to pay the amount of
a judgment rendered against him and all costs and charges incident
thereto to be committed in the County Jail for a period not exceeding
90 days. In case a defendant shall have been twice convicted, within
the space of six months, of the violation of the same ordinance, or
the same provisions of the Health Code, and due proof of such fact
is made, the Court may, in addition to the imposition of the penalty
prescribed by this section, cause the defendant to be imprisoned in
the County Jail.
[N.J.S.A. 26:3-77, N.J.S.A. 26:3-78]
d.
Disposition of Penalties. All penalties recovered in any prosecution
for a violation of a health ordinance or the Health Code shall be
paid by the Board into the treasury of the Borough of Watchung.
[N.J.S.A. 26:3-82]
[New]
The Board of Health shall have the right to enter in or upon
any building or premises to determine whether the provisions of the
Health Code are being followed or obeyed. It shall be unlawful for
any person to interfere with any inspection being made by the Board
of Health or any inspector thereof.
[N.J.S.A. 26:3-49, N.J.S.A. 26:3-54]
a.
Enforcement.
1.
The Health Code shall be enforced by the members of the Board of
Health and the Board of Health Officers or such other person or officers
as shall be designated by the Board of Health.
2.
All licensed officers and agents of the Board of Health shall be
vested with the power and authority to make the inspections and examinations
required to be enforced by the Board, any provision of the Health
Code, or any ordinance, regulation, resolution, or order of the Board.
In making the inspection and examination, it shall be lawful for the
person to enter in or upon any premises for the purpose of health
protection.
3.
Any person who shall prevent, obstruct, or resist any member of the Board, its officers, or agents acting under and by the authority of the Board in the performance of his duty shall, upon conviction, be liable to the penalty stated in Section BH1-5.
4.
Every notice or order required to be served by the Board may be served
personally by any member of the Board or any of its agents, or by
any member of the Borough Police Department. Notice may be served
by mail, addressed to the last known place of residence, or by posting
it in a conspicuous place on the premises.
b.
Recovery of Costs. The Board of Health may institute an action of
law to recover costs incurred by it in the removal or abatement of
any nuisance from any person who shall have caused or allowed such
nuisance to exist or from any owner, tenant, or occupant of premises
who, after notice in writing, fails to abate the nuisance within such
time as shall be specified therein, but not less than five days from
the date of service thereof. A duplicate of the notice shall be left
with one or more of the tenants or occupants of the premises. If the
owner resides out of State or cannot be so notified speedily, such
notice shall be left at that place or premises with a tenant or occupant
thereof, or posted on the premises, and such action shall be considered
proper notification to the owner, tenant, or occupant thereof.
