[HISTORY: Adopted by the Board of Health of the Borough of Madison as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-1977 by Ord. No. BH-1-77]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Madison, of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 201 through 235, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Madison, Part III," which, together with the ordinances of the Mayor and Council adopted as the "Code of the Borough of Madison, Parts I and II," and an Appendix, shall hereafter be known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances of the Board of Health enacted prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect hereinafter.
All provisions of this ordinance and the Code shall be in full force and effect on and after March 1, 1977.
A copy of the Code in a loose-leaf form has been filed in the office of the Secretary of the Board of Health and shall remain there for the use and examination of the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified as provided by law, and such certified copy shall remain on file in the office of the Secretary of the Board of Health to be made available to persons desiring to examine the same during all times while the said Code is in effect.
The Secretary of the Board of Health, pursuant to law, shall cause to be published in the manner required a copy of this adopting ordinance in a newspaper of general circulation in the borough. Sufficient copies of the Code shall be maintained in the office of the Secretary for inspection by the public at all times during regular office hours. The enactment and application of this adopting ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Any and all additions, amendments or supplements to the Code, when passed and 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 Borough of Madison" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given to § 201-13A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Secretary, or someone authorized and directed by him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Board of Health to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalties provided in § 201-14 of this ordinance.
Each section 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 section or parts thereof.
Each section of this ordinance is an independent section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section or parts thereof.
All ordinances of a general and permanent nature, adopted by the Board of Health and in force on the date of the adoption of this ordinance, and not contained in the Code, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 201-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance of the Board of Health adopted subsequent to December 18, 1973 (Ord. No. 73-1BH).
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.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
Any provisions of an ordinance or resolution of the Board of Health creating employment, positions or offices and fixing duties therefor which are not provided in the Code hereby adopted and which are not in conflict or inconsistent therewith, or any ordinance pertaining to the salaries and compensation of Board of Health officers and employees or personnel policies.
[Amended 4-11-1994 by Ord. No. 5-94; 11-21-2017 by Ord. No. BH 2017-4]
Unless a specific penalty is provided elsewhere in Part III of this Code, in state law, or in other ordinances of the Board of Health for a particular violation, any person, firm or corporation who or which shall violate any provision of Part III of this Code or any code or other regulation adopted by reference therein or any order promulgated under such provision, code or regulation, by doing any act prohibited or declared to be unlawful or a violation thereby, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision or when such provision declares such failure to be unlawful or a violation, shall be punished by a payable fine of not less than $75 for each offense; not less than a payable fine of $200 for each second offense; and not less than a payable fine of $500 for a third offense.
Any subsequent offense(s) within a twelve-month time frame shall require a mandatory court appearance and a minimum fine of $750 or imprisonment in the county jail for a period not exceeding 90 days, or both such fine and imprisonment, or be subject to a civil penalty, not to exceed $500, which penalty shall be enforced or collected through any court of competent jurisdiction in accordance with the Penalty Enforcement Law, N.J.S.A. 2A-58-1 et seq.
The continuation of such violation for each successive day shall constitute a separate and distinct offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
In compiling and preparing the ordinances of the Board of Health for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor 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 previously formally amended to read as such.
Deletions, amendments and additions. The following changes in the form of deletions, revisions or additions to the original ordinances have been made in the preparation of this revision and codification. (Section number references are to the sections of the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 201-15B, the following sections were added, amended or deleted. A complete description of each change is on file in the office of the Secretary of the Board of Health.
(b) Chapter 209 (0rd. No. 4BH, adopted 10-9-1962) amended in its entirety.
(c) Sections deleted: Section 4(a) and (b) of Ord. No. 1-69BH, adopted 12-30-1969 (Ch. 222) and Section 4 of Ord. No. 1BH, adopted 10-9-1962 (Ch. 228).
(d) Sections added: § 228-4.