[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.
A. 
A copy of the Code has been filed in the office of the Borough Clerk and/or the Board of Health Secretary, 12 Mercedes Drive, Montvale, New Jersey, and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance, such copy shall be certified to by the Secretary of the Board of Health of the Borough of Montvale, as provided by law, and such certified copy shall remain on file in the office of the Board of Health Secretary and/ or Clerk of the Borough, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B. 
Additions or amendments to Part III of the Code, when adopted in such form as to indicate the intent of the Board of Health to make them a part thereof, shall be deemed to be incorporated into Part III of such Code so that reference to the "Code of the Borough of Montvale" shall be understood and intended to include such additions and amendments.
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.
A. 
Board of Health ordinances or parts of ordinances inconsistent with the provisions contained in Part III of the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Board of Health of the Borough of Montvale which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following Board of Health ordinances have been excluded from the Code and specifically repealed:
(1) 
Former Ch. 8, Art. I, Pigs and Minks, of the 1966 Code, adopted 12-8-1952.
(2) 
Former Ch. 46, Garbage and Rubbish, Art. II, Burning and Dumping of Garbage, of the 1966 Code, adopted 5-12-1941.
(3) 
Former Ch. 60, Milk and Cream, of the 1966 Code, adopted 4-9-1951.
(4) 
Former Ch. 91, Refuse Storage and Collection, of the 1966 Code, adopted 6-4-1962.
(5) 
Former Ch. 92, Art. I, Code Adoption, Retail Food Establishments, of the 1966 Code, adopted 10-3-1966.
(6) 
Former Ch. A135, Compensation for Board of Health, of the 1966 Code, adopted 5-4-1964.
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.
A. 
In preparing the revision and codification of the Board of Health ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Board of Health that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.
B. 
In addition, the changes, amendments or revisions as set forth in Board of Health Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance.[1] (Chapter and section number references are to the Board of Health ordinances as they have been renumbered and appear in the Code.)
[1]
Editor's Note: Schedule A is on file in the Borough offices.
C. 
Nomenclature changes. Throughout Chapter 457, Sanitation and Health, of Part III of the Code, the following titles have been updated as follows:
(1) 
References to "State Board of Health" are amended to read "State Department of Health."
A. 
Chapter and article titles, headings and titles of sections and other divisions of Part III of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
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.