[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 Code, the State Sanitary Code promulgated by the
State Public Health Council is by reason of N.J.S.A. 26:1A-9 enforceable
in every municipality in this State.]
[New]
This book shall be known and may be cited as Revised General
Ordinances of the Board of Health, of the Borough of New Milford,
1991.
[1968 Code § 74-2]
The following definitions shall apply in the interpretation
and enforcement of this Code.
Shall mean the New Milford Board of Health.
Shall mean whoever is engaged in the business of keeping,
driving or slaughtering any cattle or in selling any meat.
Shall mean all animals except birds, fowl and fish, of which
any part of the body is used as food.
Shall mean and include every basement or lower story of any
building or house of which 1/2 or more of the height from the floor
to the ceiling is below the level of the street adjoining.
Shall mean any diseases now or hereafter named as such in
Code of the Department of Health of the State of New Jersey, or so
declared by the Borough Board of Health.
Shall mean natural soil, earth and stone.
Shall mean and include the Health Officer or other officials
authorized by the Board of Health to enforce this Code.
Shall include any food substance in which eggs have been
mixed.
Shall mean every part of any animal that lives in water or
the flesh of which is not meat.
Shall mean every accumulation of animal or vegetable matter,
or both, liquid or otherwise, that attends to the preparation, decay,
dealing in or storage of meats, fish, fowls, birds, fruits or vegetables.
Shall mean natural external light.
Shall mean every part of any land animal.
Shall mean the permission in writing of this Board, issued
according to its rules and regulations and the Sanitary Code.
Shall mean any person or persons, individual or individuals,
corporation or corporations, or association of persons. With respect
to the provisions of this Code, the act, commission or failure of
any employee, officer, agent or other persons acting for or employed
by an individual, corporation, society or association, within the
scope of his employment or office, shall in every case also be deemed
the act, commission or failure of such individual, corporation, company,
society or association as well as that of the person.
Shall mean every store, cellar, stand or place (not being
a part of a public market) at which the business is the buying, selling
or keeping for sale of meat, milk, fish or vegetables for human food.
Shall mean any church, chapel, meeting house or other building
generally used for religious worship, and any college, academy, schoolhouse,
theater, place of amusement and any other building used for public
gatherings.
Shall mean parks and open space thereto adjacent, also public
yards, grounds and areas, and also open spaces between buildings and
streets.
Shall mean all the loose and decayed material and dirt-like
substance which accumulates from buildings, storing or cleaning.
Shall mean avenues, sidewalks, gutters, places and public
alleys.
Shall mean and include every house, building or every portion
thereof which is rented, leased, let or hired out to be occupied or
is occupied as the house, home or residence of more than two families
living independently by one another and doing their cooking upon the
premises, or by more than two families upon a floor, so living and
cooking but having a common right to the halls, stairways, yards,
water closets or privies, or some of them.
Shall mean any opening or aperture leading to the outer air,
either directly or by means of a duct. Every duct shall include an
electric exhaust fan in good working order.
Shall mean every article of human consumption as food, which
(not being meat or fish or milk) is held or offered or intended for
sale and consumption.
[New]
The provisions of Chapter 1 of the Revised General Ordinances of the Borough of New Milford in the County of Bergen (1991) concerning short title, definitions and construction shall apply to all chapters adopted by the Board of Health.
[New]
In the event that any section, paragraph, subsection, clause
or provision of this Code shall be adjudged invalid by a court of
competent jurisdiction, such adjudication shall apply only to the
section, paragraph, subsection, clause or provision so adjudged invalid,
and the remainder of this Code shall be deemed valid, effective and
in full force and effect.
[New]
Any person violating any of the provisions of any chapter of
this Code or any ordinance adopted by the Borough Board of Health
for which no other penalty is established 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 Borough Municipal Court 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.
[New]
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.
[New]
All fees and penalties collected under any provision of any
chapter adopted by the Board of Health shall be paid to the Borough
Treasurer.
[1968 Code § 74-64]
Whenever on any premises within this Borough anything in violation
of any of the sections of this Code exists or is maintained, or whenever
the condition of any premises is such as to call for interference
of this Board, notice may be served on the owner, agent, lessee, tenant
or occupant or other proper person, by order of the Health Officer,
which notice shall enable the person served to know wherein any section
of this subject is violated or what is to be remedied, and shall,
when notice is served, give not less than one day nor more than 10
days for compliance with the provisions of the section or with the
requirements of the Board. Such notice may be served on the owner,
lessee, agent, tenant or occupant or other proper person, personally,
or, when there is an occupied dwelling on the premises, by leaving
with an adult occupant of such dwelling.
[1968 Code § 74-70]
Whenever, in this Board of Health Code, permits or licenses
are required and no fees are set forth for the permits or licenses,
the fee for the permit or license shall be $10 per year. All permits
and licenses shall expire on December 31 of each year.
[Ord. No. BH1-94; Ord. No. 2000:12 (BH3-00); Ord. No. BH1-94A, § 1; Ord. No. BH3-00, § 1]
The fee for certified copies of birth certificates, death certificates
and marriage licenses shall be as follows:
[Added 1-28-2019 by Ord.
No. 2019:04[1]]
a.
Any payment in excess of $35 must be made by and through submission
of a check or money order only.
b.
In the event that a check is returned due to insufficient funds,
the account holder shall be fined a $20 returned check fee.
[1]
Editor's Note: This ordinance provided it will become
effective with payments beginning 2-1-2019.
