This Code shall be known and may be cited as the Board of Health
Ordinances of the Borough of Manville, 2016.
As used in this chapter, the following terms shall have the
meanings indicated.
The Board of Health of the Borough of Manville in the County
of Somerset.
The Borough of Manville in the County of Somerset.
The Health Officer of the Borough of Manville, appointed
by the Board of Health of the Borough of Manville, in the County of
Somerset.
A calendar month unless otherwise specifically provided.
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.
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 representatives of any thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
Every delivery whether the same be by direct sale or the
solicitation or acceptance of an order and including exchange, barter,
traffic in, keeping and exposing for sale, serving with meals, delivering
for value, peddling, possessing with intent to sell and gratuitous
delivery or gift by any person.
Includes 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.
A calendar year unless otherwise specifically provided.
For the purpose of this revision 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 Borough are closed, that day shall be excluded.
Whenever a specific time is used in this revision, 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 a general use, as well as legible handwriting.
Any citation of statute, law or ordinance contained in this
revision shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
A.
"Chapter" shall mean one of the major divisions of the revision identified
by a Roman numeral and divided by subject matter.
B.
"Section" shall mean a major subdivision of a chapter.
C.
"Subsection" shall mean a subdivision of a section, identified by
a decimal number.
D.
"Paragraph" shall mean a subdivision under a subsection, identified
by an alphabetical letter or Arabic number.
If any chapter, section, subsection or paragraph of this revision
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 this revision.
The following fees shall be paid before service is rendered.
A.
Food and Drink Licenses.
1.
Retail food establishment (annual fee): $200.
2.
Employees: $2/employee.
3.
Reinspection following a conditional or unsatisfactory rating: $250
for first reinspection/$500 for subsequent re-inspections.
4.
Food establishment late fee (after July 1): $100.
5.
Food establishment late fee (after August 1): $150.
6.
Plans reviewed for a new food establishment: $100.
7.
Plans reviewed for an alteration to an existing food establishment:
$50.
9.
Temporary food sale permit: $50.
10.
Mobile food vendor (annual fee): $100.
12.
If a food establishment has been closed for 21 consecutive days or
more, a reinspection is required prior to reopening.
13.
No person shall conduct, maintain or operate a public eating establishment
in the Borough of Manville who does not successfully complete a course
in food handling acceptable to the Health Officer or other designated
agent of the Board of Health. Training must be completed at a frequency
consistent with the following:
A)
At least one establishment manager must be certified in an acceptable
course in food sanitation at least once every five years.
B)
Any proposed establishment which files an application to operate
a public eating establishment must complete an acceptable course within
one year of operation.
C)
Any establishment which receives a below-satisfactory inspection
rating must register for the next available session of a training
course acceptable to the Health Officer or other designated agent
of the Board of Health.
C.
Environmental Health Services.
1.
Inspection of underground storage tank (greater than or equal to
1,000 gallons): $100.
2.
Inspection of underground storage tank (less than 1,000 gallons):
$50.
3.
Radon testing (charcoal canister): $20.
4.
Abatement of public health nuisance ordered by the Health Department:
Up to three times the actual cost as determined at a hearing held
by the Board of Health.
5.
Annual tanning parlor license: $200.
6.
Annual permit for public pool: $50.
7.
Annual permit for public whirlpool: $50.
8.
Annual permit for nonprofit or governmentally run public pool, whirlpool:
fee waived.
9.
Tattoo parlor and/or body piercing: $200.
10.
Demolition of a structure: $25.
11.
Well installation or abandonment: $25.
12.
New septic system: $100.
13.
Abandonment of a septic system: $100.
14.
Alteration to an existing septic system: $50.
D.
Personal Health Services.
2.
Pneumonia vaccination: $30.
3.
Influenza vaccination: $25.
5.
PSA test: $15.
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Any person, form or corporation who shall violate any provision
of this section shall, upon conviction, be punished by a fine not
to exceed $500 for any one offense or the maximum fine set by any
applicable statute or regulation, whichever is applicable, or by imprisonment
in the county jail for a period not to exceed 90 days, or by both
such fine and imprisonment. Each violation of any of the provisions
of this chapter and each day the same is violated shall be deemed
and taken to be a separate and distinct offense. Action may be brought
in Municipal Court or any other court with jurisdiction.
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The Board of Health may institute an action at law to recover
costs incurred by it in enforcing this chapter from any person, owner,
corporation, tenant or occupant who after notice and notification
as herein provided, fails to comply with this chapter. The Board of
Health may cause the cost of enforcing this chapter to be charged
against said lands. The amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form part
of the taxes to be assessed and levied upon such lands, the same to
bear interest at the same rate as taxes, and shall be collected and
enforced by the same officers and in the same manner as taxes.
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The maximum penalty upon conviction of the violation of any
provision of any ordinance of the Borough of Manville shall be one
or more of the following: a fine not to exceed $2,000, imprisonment
in the county jail for a period not to exceed 90 days, and/or a period
of community service not to exceed 90 days; provided, however, the
maximum fine for an owner for violations of housing or zoning codes
shall not exceed $1,250. Each and every day upon which a violation
of any provision of this chapter exists shall constitute a separate
violation.
