[Ord. #1002]
The Monmouth County Regional Health Commission is a Regional
Health Commission created and operated pursuant to N.J.S.A. 26:3-83
et seq.
Pursuant to N.J.S.A. 26:3-83 et seq., the function of a Regional
Health Commission is to provide public health services to its constituent
members.
The Borough of Brielle is a member of the Monmouth County Regional
Health Commission.
Pursuant to N.J.S.A. 26:3-64, and N.J.S.A. 26:3-93, local boards
of health may enact and amend health ordinances that remain in effect
unless altered or repealed by a Regional Health Commission.
The Monmouth County Regional Health Commission has enacted Ordinance
No. 9-01 to amend an ordinance establishing a code regulating retail
food establishment, and fixing fees for licensing and plan review,
and setting penalties for violations thereof.
The Governing Body of the Borough of Brielle ordains that Monmouth
Regional Health Commission No. 1's Ordinance No. 9-01 is hereby adopted
to wit:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING A CODE REGULATING
RETAIL FOOD ESTABLISHMENTS, AND FIXING FEES FOR LICENSING AND PLAN
REVIEW THEREOF, AND PENALTIES FOR VIOLATIONS THEREOF.
[This Code is on file in the office of the Borough Clerk.
Ord. #1002]
A code regulating retail food establishments and fixing penalties
for violations is hereby established pursuant to Revised Statutes
26:3-69.1 to 69.6 and Revised Statutes 26:3-92 and 26:3-93. A copy
of said Code is annexed hereto, and made a part hereof without the
inclusion of the text thereof herein set forth.
[Ord. #1002]
The said Code established and adopted by this Article is commonly
known as the "Chapter 24-Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines," New Jersey State Sanitary
Code.
[Ord. #1002]
Three copies of said "Chapter 24-Sanitation in Retail Food Establishments
and Food and Beverage Vending Machines," New Jersey State Sanitary
Code, have been placed on file in the Office of the Health Commission
upon the introduction of this Article and will remain on file there
until final action is taken on this Article for the use and examination
of the public.
[Ord. #1002]
The said Regional Commission, and its agents or employees, including
but not limited to, its Health Officer, shall have the right of entry,
at any reasonable hour, into and upon any public or private building,
or premises for the purpose of enforcing the provisions of such Code
and of this Article, or determining whether such provisions or the
rules and regulations of this Regional Commission are being compiled
with and obeyed. No person shall oppose such entry or hinder or interfere
with this Regional Commission or any of its agents or employees, or
Health Officer, all as aforesaid, in the performance of their duties.
[Ord. #1002; amended 1-19-2021 by Ord. No. 1101]
The Fee Schedule for all Food Establishments, as promulgated
by the Monmouth Regional Health Commission No. 1, shall henceforth
be the fee schedule adopted by the Borough of Brielle.
[Ord. #1002]
All retail food establishments shall be operated in compliance
with the provisions of the aforesaid Code of this Article and Title
24, Revised Statutes of New Jersey.
[Ord. #1002]
This Article may be enforced by and in the name of this Regional
Health Commission by proceedings instituted and prosecuted in a court
having jurisdiction of such proceedings in the Regional.
[Ord. #1002]
Any person who violates any provisions of this Article or Code
established herein shall, upon conviction thereof, be liable to a
penalty of not less than $10 nor more than $500 for each violation,
each day a particular violation continues shall constitute a separate
offense. Upon refusal or neglect, upon and after conviction, to pay
the amount of said penalty or fine, the person so convicted shall
be subject to be committed to the County Jail for a period not exceeding
90 days, all in the discretion of the Municipal Magistrate or other
office before whom the complaint shall be brought.
[Ord. #1002]
In the event that any violation of this Code shall also be a
violation of a New Jersey State Law, for which a greater penalty is
provided for than that contained in the aforesaid Code and this Article,
The Municipal Magistrate, before whom the complaint is brought, based
upon such violation, shall in his or her discretion, have the right
to impose, in the place and in lieu of any penalty provided for herein,
that is so provided for in the New Jersey State Law which has been
so violated.
[Ord. #1002]
Every act in such Code or herein designated as being unlawful
is hereby prohibited and every act herein expressly prohibited, is
hereby designated as being unlawful.
[Ord. #1002]
The license fees covered pursuant to subsection 4-10.6a of this
Article shall be paid to such respective local Board of Health of
such municipality participating in the Regional Health Commission
within which such fees are assessed and collected.
[Ord. #1002]
The plan review fees covered pursuant to subsection 4-10.6b,
et seq. of this Article shall be paid directly to the Monmouth County
Regional Health Commission No. 1 within that health agency's jurisdiction
which such fees are assessed and collected.
[Ord. #1002]
The license of any retail food establishment covered under this
Article is not transferable upon the sale of such retail food establishment
and the new owner of any such retail food establishment must apply
for a new license and pay the appropriate fee provided for in subsection
4-10.6a et seq. of this Article.
