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.