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.
This book shall be known and may be cited as the "Revised General Ordinances of the Board of Health of the Township of Green, 1998" and may also be referred to as the "Board of Health Code."
Editor's Note: This Code contains ordinances adopted through 1998.
The following definitions shall apply in the interpretation and enforcement of this Code:
- BOARD OF HEALTH
- Shall mean the Board of Health of the Township of Green.
- HEALTH OFFICER
- Shall mean the Health Officer appointed or designated by the President or the Board of Health to enforce this Code or supervise work on behalf of the Board, and duly licensed as such by the State Health Department.
In the construction of this Code, or any amendments hereof or any supplements hereto, words and phrases shall be read and construed:
With their context and, unless inconsistent with the manifest intent of the Board, as expressed herein.
Unless another or different meaning is expressly indicated, words or phrases shall be given the meaning expressed herein, or if no such meaning is given, their generally accepted meaning, according to the approved usage of the language, shall be applied.
Technical, trade or commercial words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with the technical, trade, commercial or special and accepted meaning.
Unless otherwise indicated by the context, the definitions herein contained shall apply to the terms used in the other definitions.
Unless otherwise indicated by the context, the singular shall include the plural and the male gender shall include the female.
[BH:OR-9-80 § 111-9]
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 Board of Health Code shall be deemed valid, effective and in full force and effect.
Any person violating any of the provisions of any chapter adopted by the Board of Health shall, upon conviction, pay a penalty of not less than $5, nor more than $1,000 for each offense, or be imprisoned for a period not exceeding 90 days or both.
Complaint shall be made in the Municipal Court, which 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.
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.
All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Chief Financial Officer of the Township of Green.
[BH:OR-9-80 § 111-5]
Any and all additions, amendments or supplements to the Board of Health Code, when passed and adopted in such form as to indicate the intent of the Board of Health to make them a part thereof, shall be deemed to be incorporated into such Board of Health Code so that reference to the Board of Health Code of the Township of Green shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the Code, as amendments and supplements thereto.
It shall be the duty of the Secretary, or someone authorized and directed by him, to keep up-to-date the certified copy of the book containing the "Revised General Ordinances of the Board of Health of the Township of Green, 1998" required to be filed in his office for the use of the public. All changes in the Board of Health Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Board of Health Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to the Board of Health Code, at which time such supplements shall be inserted therein.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Board of Health Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Board of Health to be misrepresented thereby. Anyone violating this section shall be liable, upon conviction, to the penalty stated in Section BH 1-5.
[BH:OR-9-80 § 122-8]
Any person or persons hindering or obstructing a member of the Board of Health or anyone duly authorized by it in the performance of his duties in entering upon any premises for inspection or in carrying out any of the provisions of this Code shall be liable, upon conviction, to the penalty stated in Section BH1-5.
[BH:OR-9-80 § 122-9]
Whenever the provisions, regulations and restrictions set forth in this chapter shall cause undue hardship on any person, the Board of Health, upon presentation of the facts in any hardship case, may, at its own discretion, waive for the particular case any of the provisions, regulations and restrictions as above mentioned.