[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
This article and subsequent articles, from Article
I to Article
XV, inclusive, and any ordinance supplementary to and amendatory hereof may be known and cited as the "Sanitary Code of the Board of Health of the Borough of Montvale" or as the "Health Code of the Borough of Montvale."
Terms used in the Sanitary Code have the following
meanings:
APARTMENT HOUSE
A 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
doing their cooking and sleeping upon the premises.
BOARD
The Board of Health of the Borough of Montvale.
BUTCHER
Any person engaged in the business of keeping, driving or
slaughtering any cattle or selling any meat.
CAMP
Any house, place or establishment intended to be used or
occupied as the living quarters, temporarily, by five or more persons
for a period of three or more consecutive days.
CARRIER
Any person who harbors an infectious agent of disease, but
who, at the same time, may or may not have symptoms of the disease.
CATTLE
Includes cows, bulls, calves, horses, mules, asses, sheep,
goats and swine.
CELLAR
The lowest story of any building, dwelling or house, of which
1/3 or more of the height from the floor to the ceiling is below ground
level.
CHILL ROOM
A room which is cooled sufficiently to prevent spoilage of
food which is intended for sale or frozen food processing.
CLASS A FOOD
Food which has neither been decomposed nor contaminated and
is of superior quality.
CLEANING
The thorough removal of contaminating material or materials.
CODE
The Sanitary Code of the Borough of Montvale unless some
other code is expressly indicated or referred to.
COMMUNICABLE DISEASE
Any infectious or contagious disease so declared or defined
by law or by this code or which has been or may hereafter be declared
as communicable disease by this Board or by the State Department of
Health.
CONTACT SUSPECT
Any person who has been sufficiently near or exposed to any
infected person or animal to make probable the transmission of an
infectious or causative agent to such person.
CONTAINER
Synonymous with "package" as herein defined.
CUTTING ROOM
Any place or room in which food of a decomposable nature,
such as meat and seafood, must be kept sufficiently cooled or chilled
to prevent spoiling, either by cooling the cuttings and prepared food
or the equipment in which it is held prior to freezing.
DENSE SMOKE
Smoke which is so heavy and thick as to prevent the seeing
of objects through it at the point of emission into the external air.
DISINFECTION
The application of any disinfectant materials to infected
materials in sufficient concentration and for a sufficient length
of time to destroy pathogenic organisms.
DWELLING
Any building, or portion thereof, which is occupied or is
intended to be occupied as a residence or a sleeping place of one
or more individuals, families or households.
FISH
Every part of any marine animal.
FOOD
Any article used for food or beverage for man and every ingredient
therein, and all confectionery, condiments and beverages and articles
used for components of any such article.
FOOD ESTABLISHMENT
Includes any bakery, confectionery, cannery, packing house,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market, or other place used in the production, preparation,
transportation or handling of food intended for sale or distribution.
FRESH MEAT
Meat from animals recently slaughtered and properly cooled
until delivered to the consumer. The term "animals" as used in this
section shall include not only mammals, but fish, fowl, crustaceans,
mollusks and all other animals used as food.
FRESH MEAT PRODUCTS
Includes all meat trimmings, meat by-products and meat products
made from fresh meat, except such products as sold in a smoked, salted
or cured condition.
FROZEN FOOD
Food and foodstuffs which have been frozen solid with or
without the addition of water or preservatives.
FROZEN FOOD LOCKER PLANT
Any place artificially cooled below a temperature of 32°
F. in which articles of food are sharp-frozen and stored in lockers
being rented to the public.
FROZEN FOOD PROCESSING PLANT
Includes any place where food is cleaned, cut, prepared,
chilled, blanched, sharp-frozen and packaged for frozen food.
FROZEN FOOD VEHICLE
Any type vehicle in which frozen food is transported, or
from which the same is sold or distributed.
GARBAGE
The accumulation of animal or vegetable waste, or both, liquid
or otherwise, that tends to decay.
HEALTH OFFICER
Any officer licensed as such under the Laws of the State
of New Jersey and duly appointed Health Officer; shall be the executive
officer for the Board and enforcing officer of its codes.
ISOLATION
Separation of a person affected, or suspected of being affected,
with a communicable disease, or a carrier of the infection 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.
KENNEL
Any building, yard, enclosure, premises or lot of ground
used as a commercial establishment for the raising, breeding or boarding
of dogs or other small animals.
LABEL
A display of written, printed or graphic matter upon which
the immediate container of any article and a requirement made by or
under authority of the Sanitary Code that any word, statement or other
information appear on the label shall not be considered to be complied
with unless such word, statement or other information also appears
on the outside container or wrapper, if any there be, of the package
of such articles, or is easily legible through the outside container
or wrapper. The term "immediate container" does not include package
liners.
LABELING
Placing labels or other written, printed or graphic matter
upon an article or any of its containers or wrappers or accompanying
such article.
MARKET
A store, cellar, stand or place at or in which the business
of buying, selling or keeping for sale any meat, dairy products, fowl,
fish, vegetables or other foods for human consumption is conducted
or maintained.
MATERNITY HOME
Any home, house or other place conducted or maintained by
any person advertised or held out by such person as a maternity or
obstetrical home, hospital, sanitarium or place where one or more
women, during pregnancy, labor or lying-in period, are attended, or
intend to be attended, professionally or otherwise, during any pregnancy,
labor or lying-in period.
MEAT
Includes every part of any animal (whether mixed or not with
any other substance).
MEMBER or MEMBERS
Those persons duly appointed by the Mayor and confirmed by
the Council of the Borough of Montvale to constitute the Board of
Health.
MULTIPLE FOOD VENDING MACHINE
A vending machine other than one limited solely to dispensing
either beverages or confectionery, which dispense more than one variety
of food deemed perishable by the Board of Health.
NUMBER, GENDER
Whenever, in describing or referring to any person, matter
or thing, any word importing the singular number is used, the same
includes and applies to several persons as well as to one person or
where a word of masculine gender is used it shall apply to females
as well as males and to bodies corporate as well as individuals.
NUISANCE
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.
NURSE
A person licensed as such under the Laws of the State of
New Jersey.
NURSING HOME and CONVALESCENT HOME
Any home, house or other place conducted or maintained by
any person advertised or held out by such person such as a rest home,
hospital, sanitarium where one or more persons are cared for or attended
during a convalescent period or the attending of the aged.
PACKAGE
Any wrapper, case, basket, hamper, can, bottle, jar, tube,
cask, vessel, tub, firkin, keg, jug, barrel or other receptacles,
but does 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.
PERMIT or LICENSE
A duly authorized permit or license of the Board, issued
in accordance with this code, or the regulations of the Board.
POULTRY
Chickens, ducks, geese, turkeys, guinea fowl, pigeons and
all other fowl commonly kept, raised and sold for human consumption.
PROPERTY and OTHER PROPERTY
Unless restricted or limited by the context to either real
or personal property, includes both real and personal property.
PUBLIC PLACES
Any public place, as well as any restaurant, lunchroom, cabin
and any and every establishment or place where food or beverage is
sold or offered for sale to the public for consumption on the premises
and 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.
QUARANTINE
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.
RECORDING THERMOMETER
A thermometer sufficiently operating and equipped with a
recording device and a chart on which the degrees Fahrenheit are recorded
continuously.
REGISTRAR
The person duly appointed as the Registrar of Vital Statistics
by the Board.
REGULATIONS
Any regulations, whether general or special, which the Board
may from time to time lawfully adopt and issue.
RESTAURANT
Any restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, sandwich stand, and every other place in which food
is sold for consumption on the premises.
RUBBISH
Coal or wood ashes, all loose material and dirtlike substance
that tend to decay and all waste material accumulated from buildings
or the cleaning of buildings.
SANITARY INSPECTOR
Any officer licensed as such under the Laws of the State
of New Jersey and 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 local Board of Health,
except health officers or other persons performing principally clerical
duties in the office of the Board.
SMALL ANIMALS
Includes rabbits, minks, cats, dogs, guinea pigs and any
other small animals 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 10 in number.
[Amended 5-7-2001 by Ord. No. 2001-01; 9-8-2015 by Ord. No. 2015-002]
A. Due date; proration of fees in
certain circumstances; late fee.
(1) All fees payable to the Borough of Montvale Board of Health pursuant to Chapter
457 of the Montvale Code shall be for the calendar year in which the fee becomes due or such portion of the year as is remaining at such time, provided that such due date falls within the first three quarters of the calendar year, and such fees shall not be subject to proration except as herein provided.
(2) For fees which become due
for the first time during the fourth quarter of the calendar year
and are paid during that quarter, the annual fee paid shall entitle
the licensee to a license that shall be valid until December 31 of
the year following the current year (long year).
(3) All annual fees are due no
later than March 1 of each calendar year. Any fee not received by
this date shall be considered late and subject to a late fee. Notwithstanding
the foregoing, the Board of Health may, by resolution, adopt a grace
period for the payment of annual fees for a period of not longer than
30 days.
[Amended 5-3-2021 by Board of Health Ord. No. 2021-01]
(4) The late fee shall be equal
to 50% of the annual license or permit fee. The late fee may be waived
by the Board for good cause shown.
B. The annual fee for the several
licenses, permits or certificates, including those referred to in
the Sanitary Code, are hereby fixed as follows:
(1) Agricultural market/farm stand:
$300.
(6) Health spa/exercise facility
(under 10,000 square feet): $250.
(7) Health spa/exercise facility
(over 10,000 square feet): $500.
(8) Hotel/motel (one to 50 rooms):
$500.
(9) Hotel/motel (over 50 rooms):
$1,000.
(10) Miscellaneous retail food
establishment: $500.
(12) Nursery school or day care:
$300.
(14) Prepackaged candy counter:
$100.
(16) Restaurant (seating capacity
one to 50): $400.
(17) Restaurant (seating capacity
over 50): $800.
(18) Supermarket (under 50,000
square feet): $1,000.
(19) Supermarket (over 50,000
square feet): $2,000.
(20) Swimming pool (indoor):
$1,000.
(21) Swimming pool (seasonal):
$500.
(22) Temporary food establishment
(per day): $100.
(24) Vending machine (first machine
at location): $75.
(25) Vending machine (each additional
machine at location): $25.
C. Fees for vital statistics records.
(1) Birth certificate (certified
copy): $20.
(2) Death certification (certified
copy): $20.
(3) Marriage certificate (certified
copy): $20.
(4) Domestic partnership certificate
(certified copy): $20.
(5) Civil union certificate (certified
copy): $20.
(6) Records corrections: no fee.
(7) Marriage certificate (application):
$28.
(8) Domestic partnership certificate
(application): $28.
(9) Civil union certificate (application):
$28.
(10) Burial permit (application):
$5.
D. Whenever, in the Sanitary Code,
a license or permit is required and no specific fee is established
for such license or permit, the fee therefor shall be $10, payable
on issuance of such license or permit, which shall be for the balance
of the calendar year in which the same is so issued.
E. No fee for any permit, license
or certificate issued hereunder shall be required of any person declared
by state law to be exempt from the payment of any such fee.
Unless otherwise provided, the Sanitary Code
applies to acts performed within the corporate limits of the Borough
of Montvale. Provisions of the Sanitary Code also apply to acts performed
outside the corporate limits and up to the limits prescribed by law,
where the law confers power on the Board to regulate such particular
acts outside the corporate limits.
Every person concerned in the commission of
an act prohibited by the Sanitary Code, whether he directly commits
the act or prosecutes, counsels, aids or abets in its commission,
may be prosecuted and on conviction is punishable as if he had directly
committed such act.
Each section, paragraph, sentence, clause and
provision of the Sanitary Code is separable, and if any provision
is held unconstitutional or invalid for any reason, such decision
shall not affect the validity of any other part of the Sanitary Code.
The Sanitary Code shall take effect immediately
upon passage and publication in accordance with law.
Copies of the Sanitary Code shall be kept available
at the Borough Clerk's office and the office of the Board of Health
for public inspection.