[Adopted 11-2-2020 by Board of Health Ord. No. 2020-01]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the Borough of Montvale of a general and permanent nature adopted by the Board of Health of the Borough of Montvale, as revised and codified and consisting of Chapters
405 through
472, are hereby approved, adopted, ordained and enacted as "Part III of the Code of the Borough of Montvale," hereinafter known and referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the Board of Health ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such Board of Health ordinances and not as new enactments.
The Secretary of the Board of Health or the Clerk of the Borough of Montvale shall cause notice of the passage of this ordinance be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of Secretary of the Board of Health or the Clerk of the Borough of Montvale as provided in §
405-2 of this ordinance shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and Part III of the Code and
every part of each section is an independent section or part of a
section, and the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
The adoption of Part III of this Code and the repeal of ordinances provided for in §
405-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any Board
of Health ordinance adopted subsequent to November 4, 2019.
B. Any right
or liability established, accrued or incurred under any legislative
provision prior to the effective date of this ordinance or any action
or proceeding brought for the enforcement of such right or liability.
C. Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the Board of Health or
any penalty, punishment or forfeiture which may result therefrom.
D. Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered, prior to the effective date of this ordinance, brought pursuant
to any legislative provision of the Board of Health.
E. Any franchise,
license, right, easement or privilege heretofore granted or conferred
by the Board of Health.
It shall be unlawful for anyone to change, alter or tamper with
Part III of the Code in any manner which will cause the laws of the
Board of Health of the Borough of Montvale to be misrepresented thereby.
Anyone violating this section shall be subject, upon conviction, to
a fine of not less than $5 nor more than $500.
This ordinance shall take effect immediately upon passage and
publication according to law.