City of Newark, NJ
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2024-11-07
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Title XIII Food, Drugs and Cosmetics
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Chapter 13:1 General Administrative Provisions
- C Charter
- Ch C Charter
- AO Adopting Ordinance
- Ch AO Adopting Ordinance
- 1 Title I General Provisions
- Ch 1:1 Definitions, Rules of Construction and Other General Provisions
- 2 Title II Administration
- Ch 2:1 Organization of City Government
- Ch 2:2 Office of the Mayor and Agencies
- Ch 2:3 Office of the City Clerk
- Ch 2:4 General Administration
- Ch 2:5 Department of Administration
- Ch 2:6 Department of Law
- Ch 2:7 Department of Finance
- Ch 2:8 Department of Engineering
- Ch 2:9 (Reserved)
- Ch 2:10 Department of Economic and Housing Development
- Ch 2:11 (Reserved)
- Ch 2:12 Department of Recreation, Cultural Affairs and Senior Services
- Ch 2:13 Department of Health and Community Wellness
- Ch 2:14 (Reserved)
- Ch 2:15 (Reserved)
- Ch 2:16 (Reserved)
- Ch 2:17 Department of Water and Sewer Utilities
- Ch 2:18 Department of Public Works
- Ch 2:19 (Reserved)
- Ch 2:20 (Reserved)
- Ch 2:21 (Reserved)
- Ch 2:22 Department of Public Safety
- Ch 2:23 (Reserved)
- Ch 2:24 Personnel Practices and Policies
- Ch 2:25 (Reserved)
- Ch 2:26 (Reserved)
- Ch 2:27 (Reserved)
- Ch 2:28 Council Rules
- Ch 2:29 Policies and Procedures
- Ch 2:30 Divestment in South Africa
- Ch 2:31 Assistance for the Successful Reintegration of Formerly Incarcerated People Into the Community ("BAN the BOX")
- Ch 2:32 City of Newark Identification Card Program
- 3 Title III City Council
- Ch 3:1 Organization of City Government
- Ch 3:2 Form of Government
- Ch 3:3 Election of Council
- Ch 3:4 Legislative Powers
- Ch 3:5 Meetings of Council
- Ch 3:6 Ordinances; Adoption Procedure
- Ch 3:7 Residency Requirements
- Ch 3:8 Defense Against Criminal or Civil Charges
- Ch 3:9 Council Rules
- Ch 3:10 Appointments of the Council; Attendance Information
- Ch 3:11 City Council Policies and Participation in Committees and Commissions
- Ch 3:12 Constables
- 4 Title IV Alcoholic Beverages
- Ch 4:1 Purpose and Definitions
- Ch 4:2 Licenses
- Ch 4:3 The Regulation of Licenses
- Ch 4:4 Enforcement
- Ch 4:5 Persons Under the Legal Age
- 5 Title V Amusements and Amusement Businesses
- Ch 5:1 Arcades
- Ch 5:2 Coin-Operated Amusement Devices
- Ch 5:3 Shooting Galleries
- Ch 5:4 Miscellaneous Amusement Businesses
- Ch 5:5 Mobile Merry-Go-Rounds, Whips and Similar Devices
- Ch 5:6 Street Musicians
- Ch 5:7 Public Dance Halls and Public Dance
- Ch 5:8 Shows and Exhibitions
- Ch 5:9 Sunday Games of Chance
- Ch 5:10 Special Events
- Ch 5:11 Discotheques
- Ch 5:12 Social Clubs
- Ch 5:13 Redemption Amusement Games
- Ch 5:14 Hiring of Special Police Officers
- 6 Title VI Animals and Fowl
- Ch 6:1 Domestic Animals
- Ch 6:2 Other Animals; Fowl
- 7 Title VII State Uniform Construction Code Enforcing Agency
- Ch 7:1 Code Enforcing Agency
- Ch 7:2 Permits and Fees
- Ch 7:3 Construction Board of Appeals
- Ch 7:4 Miscellaneous Provisions
- Ch 7:5 Enforcement; Violations; Penalties; Emergencies
- Ch 7:6 Redevelopment: Construction Requirements
- 8 Title VIII Businesses and Occupations
- Ch 8:1 Auctions and Auctioneers
- Ch 8:2 Automobile Parking Lots Open to the General Public
- Ch 8:3 Barbershops/Personal Service Establishments
- Ch 8:4 Cartmen
- Ch 8:5 Close-Out Sales
- Ch 8:6 Distribution of Advertising Matter
- Ch 8:7 Hawking and Peddling; Canvassing and Soliciting
- Ch 8:8 Junk and Scrap Metal Processing Facilities
- Ch 8:9 (Reserved)
- Ch 8:10 (Reserved)
- Ch 8:11 Public Markets
- Ch 8:12 Restaurants and Retail Sales and Service Establishments
- Ch 8:13 Retail Florists
- Ch 8:14 Shoe Shine Parlors and Cigar Stores
- Ch 8:15 Transient Merchants and Itinerant Vendors
- Ch 8:16 Used Clothing Stores
- Ch 8:17 Used Motor Vehicle Sales Lots
- Ch 8:18 (Reserved)
- Ch 8:19 Wreckers
- Ch 8:20 Public Garages
- Ch 8:21 Building Contractors
- Ch 8:22 Tire Repair Shops
- Ch 8:23 Precious Metals and Gems
- Ch 8:24 Garage Sales
- Ch 8:25 Vendor Licenses for the Sale of Food and Merchandise at Public Festivals
- Ch 8:26 Hub Cap Business Licenses for the Sale of New and Used Automobile Hub Caps
- Ch 8:27 Regulation of Coin-Operated Telephones and Other Telecommunication Devices
- Ch 8:28 Laundries and Dry Cleaning and Dyeing Plants
- Ch 8:29 Advertising Structure
- Ch 8:30 Regulation of Convenience Stores
- Ch 8:31 Purchase of Secondhand Cell Phones and Other Wireless Communication Equipment by Secondhand Dealers.
- Ch 8:32 Wage Theft
- Ch 8:33 Registration and Standards for Privately Owned Automatic Teller Machines (ATMS)
- Ch 8:34 Retail License
- Ch 8:35 Bakeries
- Ch 8:36 Consolidated Business Licenses
- Ch 8:37 Convenience Stores
- Ch 8:38 Travel Service and Building Service Worker Retention Requirements Upon Transfer of Ownership
- Ch 8:39 Smoke Shops
- Ch 8:40 Commercial Motor Vehicle Parking Lots
- Ch 8:41 Intermodal Container Lots
- 9 Title IX Hotels
- Ch 9:1 Quality Hospitality Hotels
- 10 Title X Finance and Taxation
- Ch 10:1 Fiscal Policy of Council
- Ch 10:2 Bonds and Notes
- Ch 10:3 Sale of City Property by Bid
- Ch 10:4 Duplicate Tax Bills
- Ch 10:5 Annual Audits of Funded Programs
- Ch 10:6 Disbursement of Community Development Block Grant Funds
- Ch 10:7 Municipal Liens on Fire Damaged Properties
- Ch 10:8 Cancellation of Uncollectible Taxes, Assessments and Tax Sale Certificates
- Ch 10:9 Open Space and Recreational Trust Fund.
- Ch 10:10 (Reserved)
- Ch 10:11 "SHOP NEWARK" Property Tax Rebate Program
- Ch 10:12 (Reserved)
- Ch 10:13 (Reserved)
- Ch 10:14 (Reserved)
- Ch 10:15 (Reserved)
- Ch 10:16 (Reserved)
- Ch 10:17 (Reserved)
- Ch 10:18 (Reserved)
- Ch 10:19 (Reserved)
- Ch 10:20 Hotel Occupancy and Transient Accommodation Tax
- Ch 10:21 Newark Payroll Tax
- Ch 10:22 Motor Vehicle Parking Taxes and Surcharges
- Ch 10:22A Motor Vehicle Rental Tax
- Ch 10:23 Five-Year Tax Exemption and Abatement
- Ch 10:24 Procedures for Application, Approval and Administration of Long Term Tax Exemptions
- Ch 10:25 Extension of Tax Abatement Agreements
- Ch 10:26 Tax Abatement for Qualified Residential Properties
- Ch 10:27 Tax Exemptions on Improvements to Certain Multiple Dwellings
- Ch 10:28 Tax Exemption of Qualified Real Property for Environmental Opportunity Zones
- Ch 10:29 City Prohibited From Doing Business With Certain Financial Institutions
- Ch 10:30 Admission Ticket Surcharge
- Ch 10:31 Designate Downtown District as an Urban Growth Zone; Explore the Creation of an "OFFICE of Transformative PROJECTS"
- Ch 10:32 Special Improvement Districts
- Ch 10:33 Medical Cannabis Transfer Tax
- 11 Title XI Fire Prevention Code
- Ch 11:1 New Jersey Uniform Fire Safety Code Enforcing Agency, Amendments to the Code
- Ch 11:2 Portable Kerosene Heaters
- Ch 11:3 Sale, Display and Discharge of Fireworks
- 12 Title XII Flood Damage Prevention
- Ch 12:1 Title, Purpose, Objectives
- Ch 12:2 Definitions; General Provisions
- Ch 12:3 Administration
- Ch 12:4 Provision for Flood Hazard Reduction
- Ch 12:5 Construction Methods
- Ch 12:6 Dissemination of Information Pertaining to Flood Hazard
- Ch 12:7 Severability
- Ch 12:8 Enactment
- 13 Title XIII Food, Drugs and Cosmetics
- Ch 13:1 General Administrative Provisions
- § 13:1-1 DEFINITIONS.
- § 13:1-2 INSPECTION POWERS OF DIVISION OF HEALTH; INTERFERENCE WITH INSPECTION.
- § 13:1-3 NOTICE OF VIOLATION AND DISREGARD OF NOTICE PREREQUISITE TO PENAL ENFORCEMENT.
- § 13:1-4 APPLICABILITY OF TITLE XVI OF REVISED ORDINANCES, RELATING TO HEALTH AND SANITATION.
- § 13:1-5 PENALTY.
- Ch 13:2 Miscellaneous Health and Sanitation Regulations for Food, Drugs and Cosmetics Businesses
- Ch 13:3 Dairy Establishments: Special Inspection Fund Regulations
- Ch 13:4 Milk and Milk Products
- Ch 13:5 Live Poultry and Certain Live Animals (Goats, Etc.): Retail and Wholesale
- Ch 13:6 Poultry Killing and Dressing Establishments
- Ch 13:7 Meat, Meat Products and Meat Establishments
- Ch 13:8 Ice
- Ch 13:9 Soft Drinks; Bottled Water
- Ch 13:10 Cosmetology and Manicurist Shops
- 14 Title XIV Cannabis
- Ch 14:1 Purpose and Definitions
- Ch 14:2 Cannabis Establishments
- Ch 14:3 Licenses
- Ch 14:4 Application for New and Renewed Licenses
- Ch 14:5 Federal, State and/or Local Incentives
- Ch 14:6 General Regulations
- 15 Title XV Solid Waste Management
- Ch 15:1 Definitions
- Ch 15:2 General Administrative Provisions
- Ch 15:3 General Sanitation Requirements for Vehicles Carrying Solid Waste
- Ch 15:4 Collection and Disposal
- Ch 15:5 Containerized Yard Waste
- Ch 15:6 Disposal Facilities and Illegal Dumping
- Ch 15:7 (Reserved)
- Ch 15:8 Brush, Weeds, Waste Matter and Debris
- Ch 15:9 Littering
- Ch 15:10 Inoperable Vehicles
- Ch 15:11 (Reserved)
- Ch 15:12 Recycling
- Ch 15:13 Recycled Product Procurement Policy
- Ch 15:14 Solid Waste Management Requiring Uniform Packaging Practices
- Ch 15:15 Ozone-Depleting Compounds
- Ch 15:16 Improper Disposal of Waste Into Municipal Storm Sewer System
- 16 Title XVI Health, Sanitation and Air Pollution
- Ch 16:1 General Administrative Provisions
- Ch 16:2 Communicable Diseases
- Ch 16:3 Childhood Lead Poisoning
- Ch 16:4 Lead Paint
- Ch 16:5 City Lead Abatement Assistance Agreement
- Ch 16:6 Child Care
- Ch 16:7 Drug Abuse Treatment Facilities
- Ch 16:8 Blood Banks
- Ch 16:9 Midwifery
- Ch 16:10 (Reserved)
- Ch 16:11 Swimming Pool Code Adoption by City
- Ch 16:12 Fencing of Vacant Lots
- Ch 16:13 Posting of Sign on Vacant Lots
- Ch 16:14 Public Sanitation
- Ch 16:15 Nuisances
- Ch 16:16 Industrial Hygiene
- Ch 16:17 (Reserved)
- Ch 16:18 Sick Leave for Private Employees
- Ch 16:19 Extermination and Fumigation
- Ch 16:20 Vermin Control
- Ch 16:21 Air Pollution Control Code of the City
- Ch 16:22 Regulation of Cooling Towers
- Ch 16:23 Mandatory Replacement of Lead Service Line
- 17 Title XVII (Reserved)
- 18 Title XVIII Housing Code
- Ch 18:1 Establishment of Housing Code
- Ch 18:2 Informational Inspection
- Ch 18:3 Responsibilities of Owners/Operators
- Ch 18:4 Occupants: Responsibilities Under This Housing Code.
- Ch 18:5 Security
- Ch 18:6 Housing and Zoning Regulations (Certificate of Code Compliance)
- Ch 18:7 Other Housing Regulations
- Ch 18:8 Fair Housing
- Ch 18:9 Anti-Warehousing
- Ch 18:10 Certificate of Necessity
- Ch 18:11 Unfit Buildings
- Ch 18:12 Nonresidential Property Maintenance Code
- Ch 18:13 Vacant Buildings
- Ch 18:14 Short-Term Rentals
- Ch 18:15 Establishment of Land Bank
- Ch 18:16 Change of Locks/Order of Protection
- Ch 18:17 Rental Property Registration
- 19 Title XIX Rent Control
- Ch 19:1 Rent Control in Substandard Multiple Dwellings.
- Ch 19:2 Rent Control Regulations; Rent Control Board.
- Ch 19:3 Provision of Legal Services in Eviction Proceedings.
- 20 Title XX Offenses, Miscellaneous
- Ch 20:1 Violations
- Ch 20:2 Disorderly Conduct
- Ch 20:3 Noise Control
- Ch 20:4 Burglar and Robbery Alarms
- Ch 20:5 Interference With Police
- Ch 20:6 Swimming and Swimming Pools
- Ch 20:7 Glue: Sale and Use
- Ch 20:8 Blockbusting
- Ch 20:9 Libraries and Museums
- Ch 20:10 Regulating Motor Vehicles in Streets
- Ch 20:11 (Reserved)
- Ch 20:12 Fair Employment Practices
- Ch 20:13 Sale or Display of Paraphernalia Relating to Controlled Dangerous Substances
- Ch 20:14 Materials Used for the Storage and Concealment of Illegal Drugs
- Ch 20:15 (Reserved)
- Ch 20:16 (Reserved)
- Ch 20:17 Parental Liability for Destruction of Property by Children
- Ch 20:18 Sale, Transfer, Possession, and/or Use of Spray Paint Containers and Indelible Markers
- Ch 20:19 Rewards
- Ch 20:20 Rules and Regulations for Parks and Recreational Facilities
- Ch 20:21 Regulation of Team Membership to the Newark Contingency of the U.S. Youth Games
- Ch 20:22 Sale of Noxious or Foul Perfumes or Odors
- Ch 20:23 Unlawful Use of Taxicabs and Limousines or Livery Service at Newark International Airport, Pennsylvania Station and Any Other Public Transportation Facilities.
- Ch 20:24 Anti-Terrorism
- Ch 20:25 Paging Devices on School Property
- Ch 20:26 Registration of Convicted Sexual Offenders
- Ch 20:26A Convicted Sexual Offenders Residency Restrictions
- Ch 20:27 Map Establishing Drug-Free Zones for Schools, Public Housing Facilities, Public Parks and Public Buildings
- Ch 20:28 Drunk Driving-Free School Zones
- Ch 20:29 Trespass Affidavit Program ("TAP")
- Ch 20:30 Pedestrian Corridors
- Ch 20:31 Fire Alarms; Registration; False Alarms
- Ch 20:32 Off-Road Vehicles: All-Terrain Vehicles and Dirt Bikes
- 21 Title XXI Elections
- Ch 21:1 School Board Elections
- 22 Title XXII (Reserved)
- 23 Title XXIII Traffic
- Ch 23:1 In General
- Ch 23:2 One-Way Streets
- Ch 23:3 Prohibited Turns
- Ch 23:4 Limiting Use of Streets to Certain Vehicles
- Ch 23:4A Temporary Closing of Streets
- Ch 23:5 Parking, Stopping and Standing, Generally
- Ch 23:6 Snow and Other Emergencies
- Ch 23:7 Parking Meter Regulations, Generally
- Ch 23:8 Municipal Public Parking Lots
- Ch 23:9 Municipal Parking Lots for Officials and Employees
- Ch 23:10 Public, Semi-Public or Private Roads, Driveways and Parking Places
- Ch 23:11 Installation and Operation of Traffic Control Signals
- Ch 23:12 Mid-Block Crosswalks
- Ch 23:13 Speed Limits
- Ch 23:14 Lane Use
- Ch 23:15 Stop Intersections, Yield Intersections and Through Streets
- Ch 23:16 Traffic Island and Safety Zones
- Ch 23:17 (Reserved)
- Ch 23:18 Bus Stops
- Apx 23:A Schedule of Penalties for Violations - Violations Bureau, Newark Municipal Court
- 24 Title XXIV (Reserved)
- 25 Title XXV (Reserved)
- 26 Title XXVI (Reserved)
- 27 Title XXVII Parks, Trees and Plants
- Ch 27:1 Trees and Shrubbery
- Ch 27:2 Conduct in Parks and Parkways
- 28 Title XXVIII Soil Erosion and Sediment Control
- Ch 28:1 Title; Purpose
- Ch 28:2 Definitions
- Ch 28:3 Soil Erosion and Sediment Control Plans
- Ch 28:4 Procedures
- Ch 28:5 Fees
- Ch 28:6 General Provisions
- 29 Title XXIX Streets and Sidewalks
- Ch 29:1 General Administrative Provisions; Definitions
- Ch 29:2 Street and Sidewalk Improvements: General Provisions; Contracts
- Ch 29:3 Sidewalks, Curbs and Gutters; Construction, Maintenance, Alteration and Repair; Specifications.
- Ch 29:4 Encumbrances Upon and Injury to Streets and Sidewalks; Miscellaneous Provisions
- Ch 29:5 Construction and Street Work Activities; Disturbance of Street Surfaces
- Ch 29:6 Walls and Fences
- Ch 29:7 Vaults and Vault Sidewalk Glass
- Ch 29:8 Area Ways Extending Beyond Building Lines
- Ch 29:9 Cellar Entrances Extending Beyond Building Line
- Ch 29:10 Coalholes and Manholes
- Ch 29:11 Installation of Storage Tanks
- Ch 29:12 Sidewalk Elevators
- Ch 29:13 Railroad Sidings, Pipe Lines, Conduits, Wires, Cables, Permanent Bridges, Subways and Tunnels
- Ch 29:14 Monuments
- Ch 29:15 House Numbering
- Ch 29:16 Sidewalk Newsstands
- Ch 29:17 Snow and Ice
- Ch 29:18 Removal of Grass, Weeds and Other Impediments
- Ch 29:19 Trimming of Brush, Hedge and Other Plant Life Near Intersections
- Ch 29:20 Littering in Public Places
- Ch 29:21 Signs, Notices and Advertisements
- Ch 29:22 Posting of Political Signs and/or Promotional Signs
- Ch 29:23 (Reserved)
- Ch 29:24 Street Vacations
- Ch 29:25 Permits for Pay Phones on Streets and Sidewalks
- Ch 29:26 Sidewalk Cafes
- Ch 29:27 Regulating News Racks in Public Rights-Of-Way
- Ch 29:28 Use of Streets for Telecommunications; Fees
- Ch 29:29 Permits for Shared Dockless Vehicles in Public Right-Of-Way
- Ch 29:30 Streateries, Parklets, and Permanent/Semi-Permanent Structures for Outdoor Dining
- Ch 29:31 Clear Zones
- 30 Title XXX Waterfront
- Ch 30:1 Cleanup Program
- Ch 30:2 Abandoned Vessels
- 31 Title XXXI Weights and Measures
- Ch 31:1 General Administrative Provisions; Enforcement; Penalties
- Ch 31:2 Standards; Regulatory Requirements.
- 32 Title XXXII Sewers and Sewage Disposal
- Ch 32:1 General Provisions
- Ch 32:2 Public Sewers; General Provisions
- Ch 32:3 Public Sewers; Regulation of Discharge
- Ch 32:4 (Reserved)
- Ch 32:5 Public Sewers; PVSC Requirements
- Ch 32:6 Public Sewers; JMEUC Requirements
- Ch 32:7 Private Sewers
- Ch 32:8 User Charges
- Ch 32:9 Joint Meeting of Essex and Union Counties
- 33 Title XXXIII Water
- Ch 33:1 Water Shortage
- Ch 33:2 Water Conservation
- Ch 33:3 Use of Water for Refrigeration and Air Conditioning
- Ch 33:4 Rates and Charges
- Ch 33:5 Water Rules and Regulations
- 34 Title XXXIV Transportation
- Ch 34:1 Taxicabs
- Ch 34:2 Autocabs, Limousines and Livery Service
- Ch 34:3 Intermunicipal for Hire Vehicle Operation Rules
- Ch 34:4 Financial Access Agreements With Transportation Network Companies
- 35 Title XXXV (Reserved)
- 36 Title XXXVI (Reserved)
- 37 Title XXXVII (Reserved)
- 38 Title XXXVIII (Reserved)
- 39 Title XXXIX (Reserved)
- 40 Title XL (Reserved)
- 41 Title XLI Zoning and Land Use Regulations
- Ch 41:AO Zoning and Land Use Adopting Ordinance
- Ch 41:1 Introduction
- Ch 41:2 Definitions
- Ch 41:3 Zoning Districts
- Ch 41:4 Permitted Uses by District
- Ch 41:5 Building Bulk and Design Requirements
- Ch 41:6 Conditional Use Standards
- Ch 41:7 Off-Street Parking and Loading
- Ch 41:8 Requirements for Off-Street Parking and Loading Areas
- Ch 41:9 Signs
- Ch 41:10 Historic Sites and Districts
- Ch 41:11 Central Planning Board
- Ch 41:12 Zoning Board of Adjustment
- Ch 41:13 Subdivision Procedures
- Ch 41:14 Subdivision and Site Plan Design Standards
- Ch 41:15 Site Plan and Application Procedures
- Ch 41:16 Additional Zoning and Design Standards
- Ch 41:17 Storm Drainage
- Ch 41:18 Administration, Enforcement and Violations
- Ch 41:19 Escrow Fees for Redevelopment Matters
- Ch 41:20 Environmental Justice and Cumulative Impact
- Ch 41:21 Inclusionary Zoning for Affordable Housing
- Ch 41:22 Shipping Containers
- Ch 41:23 Street Designation
- Apx 41:A1 Appendix 1: Newark Redevelopment Area Boundary Map
- Apx 41:A2 Appendix 2: Newark Zoning Maps
- Apx 41:A3 Appendix 3: Introduction to Zoning Districts
- Apx 41:A4 Appendix 4: Illustrated Bulk and Design Requirements
- Apx 41:A5 Appendix 5: Historic Landmarks and Historic Districts Maps
- Apx 41:A6 Appendix 6: Illustration of Decision Making Process
- Apx 41:A7 Appendix 7: Notice of Public Hearing
- Ch 41:DL Zoning and Land Use Ordinances
- DL Disposition List
- Ch DL Disposition List
[R.O. 1966 § 12:1-1; Ord. 6 S+FE, 10-17-2007; Ord.
6PSF-E, 8-6-2014]
As used in this Title, unless otherwise provided or unless otherwise
shown by the context:
Shall mean the Director of the Department of Health and Community
Wellness of the City.
Shall mean the Division of Community Health in the Department
of Health and Community Wellness of the City.
Shall have the meaning ascribed to it by N.J.S.A. 24:1-1
to wit, (a) articles used for food or drink for man or other animals,
(b) chewing gum, and (c) articles used for components of any such
article.
Shall mean the Health Officer of the City.
[R.O. 1966 § 12:1-2]
a.
Any officer or agent of the Division of Health may make the inspections
and examinations required by any law of the State or by any code or
ordinance or by any duly issued regulations or order of the Division,
upon exhibiting his/her badge, accompanied by a certificate of authority
under the seal of the Division.
b.
All persons are hereby forbidden to interfere with or obstruct such
inspection or sanitation.
[R.O. 1966 § 12:1-3]
a.
Except in case of emergency affecting the public health, safety or
welfare, and except as otherwise applicably provided by law or ordinance,
whenever on any premises or in any place, vehicle or vessel within
the City anything in violation of any of the provisions of this Title
exists or is maintained, or whenever the condition of any such premises,
place, vehicle or vessel, or of any article of food, or of ice, or
of the health of any person handling any such article or ice, is such
as to call for the interference of the Division of Health by reason
of such violation, a notice to comply with this Title, as hereinafter
further provided, shall be served on the owner, agent, lessee, tenant
or occupant or other proper person, by order of the Health Officer.
Such notice shall apprise the person served therewith wherein any
provision of this Title is violated or what is to be remedied. The
notice shall give not less than one day or more than 10 days for compliance
with such provision or with the requirements of the Division of Health.
Such notice may be served on the owner, agent, lessee, tenant or occupant
or other proper person, personally or, when there is an occupied dwelling
on the premises, by leaving the notice with an adult occupant of such
dwelling.
b.
Except as otherwise applicably provided by law or ordinance, no suit
shall be brought for a penalty fixed by any provision of this Title
until such notice shall have been disregarded by noncompliance therewith.
[R.O. 1966 § 12:1-4]
Except insofar as the subject matter or the context of any provision
of this Title is unsuited therefor, the provisions of Title XVI, of
these Revised General Ordinances, relating to "Health and Sanitation,
Miscellaneous," shall be applicable to the administration and enforcement
of this Title XIII and to the regulations herein established, and
for such purposes shall be deemed to be incorporated herein and made
a part hereof.
[R.O. 1966 § 12:1-5]
Except as otherwise provided in this Title or by State law,
any person convicted of violating any provision of this Title shall
be fined in a sum not more than $100. A separate offense shall be
deemed committed on each day during which or on which a violation
occurs.
