[Ord. No. HO2014-02]
Whereas certain commercial services or enterprises conducted
in the Borough are considered to involve potential hazard to the health,
safety and welfare of the Borough, its residents and citizens the
Board of Health hereby designates particular types of commercial and/or
business enterprises over which it considers it essential to exercise
some measure of sanitary control and directs that the person responsible
for the conduct of such enterprises in the Borough shall apply for,
obtain and display a Board of Health permit as set forth in this Article.
[Ord. No. HO2014-02]
A Board of Health permit shall be obtained and displayed by
every business or enterprise licensed by the State of New Jersey and
for which the New Jersey Administrative Code provides for jurisdiction
by a local Board of Health. These include, but are not limited to:
Child-care centers;
Adult care centers;
Nursing homes, assisted-care centers, and facilities for the
disabled;
Bakeries and bake shops;
Confectioneries;
Delicatessen stores;
Meat and fish markets;
Food establishments (see Article 9 of this Chapter);
Food and beverage vending machines (see Article 9 of this Chapter);
Grocery stores;
Convenience stores;
Hotels, motels, boarding houses, and rooming houses;
Animal hospitals, kennels, pounds and shelters;
Petting zoos, zoos, carnivals, traveling circuses, or other
places where animals are gathered for entertainment, whether at a
temporary location or not;
Pet shops and other places where animals, birds, fowl or reptiles
are raised and/or for sale;
Massage and body therapy centers (see Article 10 of this Chapter),
Tanning facilities, body art and piercing facilities, tattoo
shops, and permanent cosmetics facilities;
Such other types of businesses or facilities which shall be
added to the State laws and regulations over which the local Board
of Health has jurisdiction, or as added by the Board of Health.
[Ord. No. HO2014-02]
Every person engaged in or desiring to engage in the operation
of a commercial service or enterprise above specified shall apply
for a Board of Health permit, which, if granted, will indicate satisfactory
compliance with sanitary requirements as of the date of issuance of
such permit and will authorize continued operation at the named location
and under the same ownership during continued observance of sanitary
standards satisfactory to the Board of Health and during continued
compliance with all applicable health codes or regulations and laws
of the State that are enforceable by the Board of Health.
[Ord. No. HO2014-02]
a.
All Board of Health permits granted under this Article shall automatically
expire upon removal of the business to a different address than that
specified in the permit, or upon a change of ownership, or upon cessation
of active operations and, in any event, on December 31 of each year.
b.
Renewal permits and licenses shall be issued upon application and
compliance with requirements of this Chapter and regulations of the
Board of Health. All permit holders shall make application no later
than November 15 of each year, to renew the permit as of January 15th
of the new year, retroactive to January of the new year.
c.
No permit or license may be transferred.
[Ord. No. HO2014-02]
a.
If any person or entity that is granted a Board of Health permit
or if any employee, servant, officer, official representative and/or
agent of such permit holder shall violate any ordinance, code, regulation
or special order of the Board of Health or regulation or law of the
State in the conduct of the service or business for which the permit
was granted, such permit may be revoked or renewal refused at the
discretion of the Board; and, after the date of such revocation, such
service or business shall not operate in the Borough until the conditions
that cause revocation are rectified; and, the owner or persons in
charge of such commercial service and any offending employees of such
establishment may be prosecuted for such violation or code or law
as shall have occurred.
b.
The permit holder shall be extended notice, hearing and appeal rights,
in accordance with due process under the law, for any revocation or
non-renewal proceeding. Such notice shall be in writing and served
personally or by regular and certified mail return receipt requested
and the person receiving such notice shall have the right to be heard
either in person or by attorney. The granting of a hearing is not
intended to waive any right of the Board to demand penalties, fines,
reimbursement of costs and/or restitution nor to delay the Borough
Health Officer and/or Borough Sanitary Inspector in requiring immediate
compliance with any provision of this Chapter.
[Ord. No. HO2014-02]
A fee of $50 shall be charged for the issuance of a Board of
Health permit to a qualified commercial service or business establishment
or enterprise having a fixed address in the Borough and engaged in
business or activities of the kind or type specified as being required
to have such permits, unless a specified fee amount is set forth elsewhere
in this Chapter.
[Ord. No. HO2014-02]
The owners, managers and employees of all commercial services
and business enterprises required under this Chapter to obtain a Board
of Health permit are hereby notified that the premises in which they
conduct operation, the equipment they employ, the methods followed
and the quality and wholesomeness of materials used shall in all respects
conform to the detailed specifications set forth in the New Jersey
State Sanitary Code or in other State laws or regulations or codes
applicable to the given type of business or service in which they
are engaged, and, further, they shall conform to the requirements
of this Chapter.
[Ord. No. HO2014-02]
a.
All places or premises shall be subject to inspection at least once
a year, at a reasonable hour, by the Borough Sanitary Inspector or
Borough Health Officer or both, and at other times if necessary and/or
reasonable, when he or she has reason to believe that any section
of this Chapter or of the New Jersey State Sanitary Code is being
violated, or that emergent circumstances exist.
b.
It shall be unlawful for any person to hinder, obstruct, delay, resist
or prevent the Borough Sanitary Inspector or Borough Health Officer
from having full access to any place or premises or part thereof as
to which an inspection is being made or requested.
[Ord. No. HO2014-02]
All penalties, fines, reimbursement of costs and/or restitution may be sued for and recovered by and in the name of the Board of Health in the manner prescribed and in accordance with the applicable procedures detailed in Chapter 17 of Title 24 of the Revised Statutes of New Jersey, as amended and supplemented, or Chapter 3 of Title 26 of the Revised Statutes of New Jersey, as amended and supplemented, or in accordance with any other applicable law, ordinance, regulation, or code.
[Ord. No. HO2014-02]
All penalties, fines, reimbursement of costs and/or restitution
recovered in any prosecution for a violation of this Chapter shall
be collected by the Board of Health and delivered to the Chief Financial
Officer of the Borough or may be made payable to the Borough's Chief
Financial Officer by order of any court imposing such penalties, fines,
reimbursement of costs and/or restitution.
[Ord. No. HO2014-02]
Whenever any person shall violate any provision of this Chapter
or of the New Jersey State Sanitary Code or any other State law or
regulation which the Board of Health is required to enforce, the Board,
in its discretion and within its power, instead of immediately prosecuting
such person for such violation, may direct an order to such person
commanding him or her to discontinue or abate such violation within
such reasonable time as may be fixed by the Board and stated in the
order. Such order shall be in writing and served personally or by
regular and certified mail return receipt requested and the person
receiving such order shall have the right to be heard either in person
or by attorney. The granting of a hearing is not intended to waive
any right of the Board to demand penalties, fines, reimbursement of
costs and/or restitution for infractions nor to delay the Borough
Health Officer and/or Borough Sanitary Inspector in requiring immediate
compliance with any provision of this Chapter.
[Ord. No. HO2014-02]
In instances where the Borough Health Officer and/or Sanitary
Inspector finds food of any kind on sale or display in a condition
or of a quality which he or she deems unfit for human consumption,
he or she may order the owner to cease immediately its continued sale
or display and forthwith to dispose of such food or foodstuffs in
a manner provided by law as he or she may specifically direct. Neither
the Borough Health Officer and/or Borough Sanitary Inspector nor the
Board of Health shall be liable for the value of any food or foodstuffs
that shall have been thus condemned and ordered destroyed; and the
person responsible for having sold or offered for sale such unfit
food or foodstuffs shall be held, at the discretion of the Board,
for such penalties, fines, reimbursement of costs and/or restitution
as may be provided by law.
