Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Township of Montague of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
79 through 95, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Montague," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances of the Board of Health enacted prior to the
enactment of this Code, except such ordinances as are expressly saved
from repeal or continued in force and effect hereinafter.
All provisions of this ordinance and the Code shall be in full
force and effect on and after December 1, 1976.
A copy of the Code in loose-leaf form has been filed in the
office of the Secretary of the Board of Health and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to as provided by law, and such certified copy
shall remain on file in the office of the Secretary of the Board of
Health, to be made available to persons desiring to examine the same
during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the 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 Code so that reference to the "Code of the
Township of Montague" 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 said Code, as amendments and supplements thereto.
The Secretary of the Board of Health, pursuant to law, shall
cause to be published in the manner required, a copy of this adopting
ordinance in a newspaper of general circulation in the township. Sufficient
copies of the Code shall be maintained in the office of the Secretary
for inspection by the public at all times during regular office hours.
The enactment and publication of this adopting ordinance, coupled
with availability of copies of the Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
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 Code required to be filed in his office for the
use of the public. All changes in said Code and all ordinances adopted
subsequent to the effective date of this codification, which shall
be adopted specifically as part of the Code, shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are printed as supplements to said Code book, 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 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 of this ordinance shall be subject,
upon conviction, to a fine of not less than $5 nor more than $500.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances of a general and permanent nature adopted by
the Board of Health and in force on the date of the adoption of this
ordinance and not contained in the Code are hereby repealed as of
the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in §
79-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.
A. Any ordinance of the Board of Health adopted subsequent to May 15,
1974.
B. Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C. Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F. Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
G. Any provisions of an ordinance or resolution of the Board of Health
creating employments, positions or offices and fixing duties therefor
which are not provided in the Code hereby adopted and which are not
in conflict or inconsistent therewith.