This Code shall be referred to as the Matawan Health Code and
shall be enforced by the County Health Officer.
Whenever the County 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 County Health Officer may
prohibit the importation into the Borough or the 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. Powers to Seize and Destroy Unwholesome Food. The County 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.
The County Health Officer or his designee shall have the right
to inspect any premises in the Borough of Matawan if he has reason
to believe that any provision of this Health Code is being violated,
or as part of a regular program of inspection.
[1971 Code § BH2-10]
If the owner or occupant of any premises refuses to permit entry
for the purpose of inspection, the County Health Officer may apply
to the Judge of the Municipal Court 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 provide 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.
Any person violating any of the provisions of any chapter of
this Health Code 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 another judicial
officer having authority under the laws of the State of New Jersey.
The court shall have the power to impose the other and additional
penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
Except as otherwise provided, each and every day in which a
violation of any of the provisions of any chapter of the Health Code
exists shall constitute a separate violation.
All fees and penalties collected under any provision of any
chapter of this Health Code shall be paid to the Borough Chief Financial
Officer.