[HISTORY: Adopted by the Board of Health of the City of Linden as indicated in article histories. Amendments noted where applicable.]
[HISTORY: Adopted by the Board of Health of the City of Linden 5-28-2024 by Ord. No. BH2024-03]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the City of Linden of a general and permanent nature adopted by the Board of Health of the City of Linden, as revised and codified and consisting of Chapters BH1 through BH8, are hereby approved, adopted, ordained and enacted as part of the Code of the City of Linden, hereinafter known and referred to as the "Board of Health Code." The provisions of the Board of Health 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 Board of Health 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 Board of Health Code has been filed in the office of the Board of Health Secretary 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 City of Linden as provided by law, and such certified copy shall remain on file in the office of the Board of Health Secretary, 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 the Board of Health 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 such Code so that reference to the "Code of the City of Linden" shall be understood and intended to include such additions and amendments.
The Secretary of the Board of Health 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 Board of Health Code in the office of Secretary of the Board of Health as provided in § BH1-2 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 the Board of Health 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.
All Board of Health ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Board of Health Code are hereby repealed as of the effective date of this ordinance, except as hereinafter provided.
The adoption of the Board of Health Code and the repeal of ordinances provided for in § BH1-5 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 March 26, 2024.
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.
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 Board of Health Code as if the ordinances so changed had been formally amended to read as such.
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Board of Health 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 Board of Health 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 the Board of Health Code in any manner which will cause the laws of the Board of Health of the City of Linden 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.