[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 the Revised General
Ordinances of the Board of Health, 1988, of the Borough of Englewood
Cliffs and is herein referred to as the Code.[1]
[1]
Editor's Note: This Code contains ordinances adopted
through October 3, 1988.
[Ord. 3/6/66, § 102]
The following definitions shall apply in the interpretation
and enforcement of this Code:
Shall mean the Board of health of the Borough of Englewood
Cliffs.
Shall mean any house or establishment where children are
boarded or cared for, whether for one day or part thereof or a longer
period, by or under supervision of persons not close relatives of
the children for compensation or as a business.
Shall mean private housing or dwelling unit where the owner,
tenant or occupant is engaged in keeping four or more boarders, not
related to him by blood or marriage, and in serving food to some or
all of the lodgers, for a part of a day or longer period, under expressed
contract or rate of payment.
Shall mean any person who harbors an infectious agent of
disease, but who may or may not have symptoms of the disease.
Shall include the following animals and their respective
young: cows, horses, mules, asses, sheep, goats, reindeer, swine and
other hoofed animals.
Shall mean the lowest story of any building, dwelling or
tenement house, of which one-third or more of the height from the
floor to the ceiling is below ground level.
Shall mean the thorough removal of contaminating materials.
Shall mean this Code as herein designated, unless some other
code is expressly indicated.
Shall mean any infections, contagious or communicable disease,
so declared or defined by law or by this Code or which has been or
may be hereafter declared as "communicable disease" by the Board or
by the State Department of Health.
Shall mean any person who has been sufficiently near or exposed
to any infected person to make probable the transmission of an infectious
or causative agent to such person.
Shall be synonymous with "package" as herein defined.
Shall mean smoke which is so heavy and objects through it
at the point of emission into the external air or the equivalent of
No. 3 grade of the Ringelmann Smoke Scale or thick as to prevent the
seeing of Greater (No. 4) the standard device used by the United States
Bureau of Mines, or comparable equipment (Smoke Scope).
Shall mean the application of any disinfectant materials
to infected materials in sufficient concentration and for a sufficient
length of time to destroy pathogenic organisms.
Shall mean any building or portion thereof, which is occupied,
or is intended to be occupied, as a residence or sleeping place of
one or more individuals, families or households.
Shall include every part of any marine or water dwelling
animal.
Shall include any article used for food or beverage for man
or other animals, and every ingredient therein, including (without
limitation) all confectionery, condiments, flavorings, and other components
of any such article.
Shall include any restaurant, bakery, confectionery, cannery,
packing house, slaughter house, dairy, creamery, cheese factory, hotel,
grocery, meat market, fish market, delicatessen, or other place or
vehicle used in the production, preparation, transportation or handling
of food intended for sale or distribution.
Shall mean the accumulation of animal or vegetable matter,
or both, liquid or otherwise, that tends to decay.
Shall mean the health officer appointed or designated by
the President or the Board to enforce this Code or supervise work
on behalf of the Board, and duly licensed as such by the State Health
Department.
Shall mean a private housing or dwelling unit open to the
public, where the owner, tenant or occupant is engaged in keeping
four or more guests for a part of a day or longer period under expressed
contract or agreed rate of payment.
Shall mean separation of a person affected, or suspected
of being affected, with a communicable disease, or a carrier of the
infectious or causative agent of a communicable disease, from other
persons, in such a manner as will prevent the direct or indirect conveyance
of the infectious or causative agent to other persons.
Shall include any building, yard, enclosure, premises or
lot of ground used as a commercial establishment for the keeping,
raising, breeding or boarding of dogs or other animals.
Shall mean a display of written, printed or graphic matter
upon or affixed to the immediate container, not including the liners,
of any article.
Shall mean all labels and other written, printed or graphic
matter: (a) upon an article or any of its containers or wrappers or
(b) accompanying such article.
Shall mean a private dwelling unit where the owner, tenant
or occupant is engaged in keeping four or more lodgers, not related
to him by blood or marriage, for a part of a day or longer period,
under expressed contract or agreed rate of payment.
Shall include every store, cellar, stand, or place at or
in which the business of buying, selling or keeping for sale any meat,
dairy products, poultry, fish, vegetables or fruit, for human food,
is conducted or maintained.
Shall mean and include every part of any animal, whether
mixed or not with any other substance.
Shall mean one of the persons who shall constitute the Board
of Health.
Shall mean any condition which is dangerous to human life
or health or that which renders air, water, soil or any type of food
hazardous or injurious to human life or health, and as otherwise herein
defined.
Shall mean a person licensed as such under the laws of the
State of New Jersey.
Shall mean any home, house, or other place conducted or maintained
by any person advertised or held out by such person as a hospital,
sanitarium, nursing, maternity or obstetrical home, old age home,
or place where persons are attended or intend to be attended to professionally
or otherwise during any pregnancy, labor, lying-in or illness requiring
supervision, or observation period.
Shall include any wrapper, case, basket, hamper, can, bottle,
jar, tube, cask, vessel, tub, firkin, keg, jug, barrel or other receptacle,
but shall not include open containers which permit a visual and physical
inspection by a purchaser at retail, nor bags and other receptacles
which are filled in the presence of a purchaser at retail.
Shall mean a duly authorized permit or license of the Board,
issued in accordance with this Code or the regulation of the Board.
Shall mean any person, association, partnership, trust, or
corporation, or any one or more of them, or combinations of any of
them.
Is any vermin, insect, small animal or thing that causes
trouble, destruction, disease or unsanitary condition, odor or the
like.
Shall include chickens, ducks, geese, turkeys, guinea, fowl,
pigeons, pheasants, and all other fowl or winged animal, kept, raised
or sold for human consumption or for production of eggs.
Unless restricted or limited by the context to either real
or personal property, shall include both.
Shall include any public place, as well as any restaurant,
and every other establishment or place where food or beverage is sold
or offered for sale to the public for consumption on the premises,
and any camp, tourist home or public recreation place or any other
place of business where toilet facilities or water for drinking or
culinary purposes are available for the use of the public.
Shall mean the restriction of movement of any person who
has been exposed to a communicable disease, by confining such person
to a restricted area and the exclusion of other persons from that
area.
Shall mean the person duly appointed as registrar of vital
statistics by the Board.
Shall include any regulations, whether general or special,
which the Board may lawfully adopt and issue.
Shall mean and include any restaurant, coffee shop, cafeteria,
short order cafe, lunch room, lunch wagon, diner, soda fountain, snack
bar, luncheonette, tavern, bar, grill, cocktail lounge, hotel, club,
boarding house, sandwich stand, refreshment stand and every other
place or establishment in which food or beverage is sold for consumption
on or near the premises or at the time.
Shall include all coal or wood ashes, all loose material
and dirty-like substance and all waste material accumulated from buildings
or the cleaning of buildings.
Shall include every officer appointed by the Board to aid
in the enforcement of the sanitary laws of this State or to aid in
the enforcement of the rules, regulations and ordinances of the Board
of health, excepting health officer, secretary, registrar or other
persons performing principally clerical duties in the office of the
Board, and duly licensed as such by the State Health Department as
a sanitarian, 1st or 2nd grade.
Shall include rabbits, squirrels, mink, cats, dogs, guinea
pigs, rodents and any other small animal kept or raised for commercial
purposes or kept and raised for sale or for the production of meat,
fur or wool or kept and raised for exhibition or other purposes or
as a source of supply for laboratories; provided, however, that the
term "small animals" shall not apply if they total in the aggregate
less than five in number.
Shall mean the New Jersey Department of Health.
Shall mean and include every public street, avenue, sidewalk,
gutter, highway, park or public place in the borough.
Shall mean any person occupying any house, building or portion
thereof, which is rented, leased, let or hired out to be occupied
as a house, residence or a business establishment.
Shall mean and include every house, building or portion thereof,
which is rented, leased, let or hired out to be occupied or is occupied
as a house, home or residence by three or more families living independently
of one another and having facilities for doing their cooking and sleeping
upon the premises.
[Ord. 3/6/66, § 103]
In the construction of this Code, or any amendments hereof or
any supplements hereto, words and phrases shall be read and construed:
a.
With their context and, unless inconsistent with the manifest intent
of the Board, as expressed herein.
b.
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.
c.
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.
d.
Unless otherwise indicated by the context, the definitions herein
contained shall apply to the terms used in the other definitions.
e.
Unless otherwise indicated by the context, the singular shall include
the plural and one gender shall include the other genders.
[Ord. 3/6/66, § 3501]
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.
[Ord. 3/6/66, § 3401;
New; Ord. BH9001]
Any person violating any of the provisions of any chapter adopted
by the borough board of health shall, upon first conviction, pay a
penalty of not less than $250, or be imprisoned for a period not exceeding
90 days or both.
Upon conviction for a second offense, a penalty of $500 or imprisonment
for a period not exceeding 90 days or both.
Upon conviction for a third offense, a penalty of $1,000 or
imprisonment for a period not exceeding 90 days or both.
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
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.
[Ord. 3/6/66, § 3405]
In the event that any violation of this Code shall also be a
violation of a State law, for which a greater penalty or judgment
is provided than that contained in this Code, the municipal judge
or trial judge before whom any complaint is brought, based upon the
violation, shall, in his discretion, have the right to impose, in
the place and in lieu of any penalty provided for herein, that so
provided for in the New Jersey State law which has been so violated.
[New]
All fees and penalties collected under any provision of any
chapter adopted by the Board of health shall be paid to the treasurer
of the Borough of Englewood Cliffs.
[Ord. 3/6/66, § 201]
The Board shall organize annually on the first Monday of January,
or as soon thereafter as may be feasible, at which time it shall elect,
by a majority vote of all of the members of the Board and from its
members, a President and a vice President.
[Ord. 3/6/66, § 205]
The President shall be the chief executive officer of the Board.
He shall preside at all meetings of the Board and shall appoint all
committees and have all such other powers, as may, by law or by the
provisions of this Code, be vested in him. During the intervals between
regular meetings, the President shall represent the Board in all executive
and judicial matters. He shall have the power to appoint committees
from among the members of the Board, and, with the consent of the
Board, such other officers as may be required to be appointed and
provision for whose appointment is not otherwise made in this Code.
[Ord. 3/6/66, § 206]
The vice President, in the absence, disability or disqualification
of the President, shall serve in the place of the President, with
all of his powers and duties.
[Ord. 3/6/66, § 202]
a.
A majority of the whole number of members of the Board shall constitute
a quorum for the transaction of business but a smaller number may
meet and adjourn.
b.
Its regular meetings shall be held monthly in the office of the Board
of health, Englewood Cliffs, N.J. at 8:15 p.m. on the first Monday,
which is not a legal holiday, or on such date as may be decided upon
at the organization meeting.
c.
The Board shall determine and establish the rules of its own proceedings,
and shall pass, promulgate or adopt such rules, regulations, orders,
ordinances, bylaws and resolutions pertaining to the purposes and
objectives of the Board as may be necessary to properly carry out
the provisions of applicable State laws governing the powers and duties
of local boards of health.
d.
The President shall have the power to call special meetings of the
Board when necessary and in case of his neglect or refusal to do so,
it shall be lawful for any three members of the Board to call any
special meeting by written or printed notice to each member served
personally or left at their places of residence at least 24 hours
previous to the time appointed for the meeting.
[Ord. 3/6/66, §§ 203,
204, 207-211; New]
a.
Appointment. The President shall appoint, subject to confirmation
by a majority of the Board, a secretary, health officer, a sanitary
inspector, a registrar of vital statistics and such other officers
and employees as he may deem necessary, all of whom shall hold their
respective offices until December 31 of the calendar year of their
appointment and until their respective successors are appointed and
shall qualify, except that the registrar of vital statistics shall
be appointed in accordance with the provisions of N.J.S.A. 26:8-13.
b.
Compensation. The salaries or other forms of compensation for the
aforesaid officers and employees shall be that which is fixed at the
time of their appointment by resolution passed by a majority of the
Board.
c.
Duties.
1.
The secretary shall keep the minutes of all the proceedings of the
Board; shall conduct all the official correspondence of the Board,
maintain proper copies of the same, tabulate and complete all reports
required by any superior authority, local, State or National, and
make such other reports as may be required or directed by the Board.
He shall procure all books, stationery and other supplies as may be
required by the Board and shall keep adequate record of all applications
for permits and the action of the Board, if any, and all such other
pertinent information as may be necessary for a complete record of
each matter.
2.
The registrar of vital statistics shall keep all such records of
that office, as required by the State Bureau of Vital Statistics and
he shall perform such other duties as may be required.
3.
The counsel, if appointed, shall be the legal adviser of the Board,
and shall attend its meetings. He shall, when ordered to do so by
the Board, represent it in all litigation to which it may be a party
and perform all such other legal services as may be required of him
by the Board.
4.
The sanitary inspector, if appointed, shall assist the health officer
and, under his direction, perform the duties of the health officer
in his absence, or under his direction, perform such other and further
duties as may be delegated by the Board.
5.
The health officer, sanitary inspector and registrar of vital statistics
shall submit a report at each regular meeting, which report shall
be incorporated in the minutes of the Board. All of the above named
appointees shall perform such duties as may be directed by State statutes,
the provisions of this Code or as they may be directed by the Board.
[Ord. 3/6/66, § 212]
Every member of the Board and all officers and employees thereof,
shall by virtue of their respective appointments be vested with the
power and authority to make any and all inspections or examinations
that are, under State statutes, required to be made by local boards
of health, or that are required by any code, ordinance, regulation
or order of the Board. They shall report to the Board President any
violations occurring in the interim between meetings of the Board
and all persons are hereby forbidden to interfere with or obstruct
such inspections or examinations.
[Ord. 3/6/66, § 3502]
The Board may adopt such rules and regulations as by law it
is permitted, authorized or empowered to so adopt and which shall,
in its judgment, aid in the proper understanding and general enforcement
of this Code.
[Ord. 3/6/66, §§ 3503,
3504]
a.
The Board shall and may amend, supplement, or implement this Code
by other provisions amendatory thereof or supplementary thereto.
b.
The Board may by general resolution, suspend or declare inoperative
any provisions of this Code, which, in their judgement, are not for
the time being required for the protection of the health of the borough.
