City of Lambertville, NJ
Hunterdon County
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This book shall be known and may be cited as the Board of Health Code of the City of Lambertville, and is herein referred to as the Board of Health Code.
[1993 Board of Health Code § BH1-2]
BOARD OF HEALTH
Shall mean the Board of Health of the City of Lambertville. The Governing Body serves as the Board of Health.
CITY
Shall mean the City of Lambertville.
MONTH
Shall mean a calendar month unless otherwise specifically provided.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter adopted, and including this Revision, so long as it has been adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
PERSON
Shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representative of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
STATUTORY PROVISIONS
Shall include and provide that 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. 26:3-70, 71. The statutory power to adopt a health code by reference is contained in N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained in this Board of Health 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.
STREET
Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
YEAR
Shall mean a calendar year unless otherwise specifically provided.
[1993 Board of Health Code § BH1-3]
For the purpose of this Board of Health Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day and if the last day be a Sunday, a legal holiday, or a day on which the offices of the township are closed, that day shall be excluded.
Whenever a specific time is used in this Board of Health Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Any citation of statute, law or ordinance contained in the Board of Health Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of the Board of Health Code identified by Arabic numbers and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter or Arabic number.
[1993 Board of Health Code § BH1-4]
If any chapter, section, subsection or paragraph of the Board of Health Code is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a Court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of the Board of Health Code.
[1993 Board of Health Code § BH1-5.1]
Any person violating any of the provisions of the Board of Health Code 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 Municipal Court of the City or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the Court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
[1993 Board of Health Code § BH1-5.2]
Except as otherwise provided, each and every day in which a violation of any of the provisions of the Board of Health Code exists shall constitute a separate violation.
[1993 Board of Health Code § BH1-6]
All fees and penalties collected under any provision of the Board of Health Code shall be paid to the City of Lambertville.