[HISTORY: Adopted by the Board of Health of the Township of Byram as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Board of Health
Article II General Penalty
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Township of Byram of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 245 through 283, are hereby approved, adopted, ordained and enacted as Part III of the Code of the Township of Byram, hereinafter 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 take effect 30 days after the date of the first publication.
A copy of the Code in loose-leaf form has been filed in the office of the Secretary of the Board of Health and shall remain there for use and examination by 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.
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 Township of Byram" 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.
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 Township. 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 publication 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.
It shall be the duty of the Secretary, or someone authorized and directed by the Secretary, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Secretary's 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 of the Code, 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 a fine of not less than $5 nor more than $500.
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 § 245-11 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 March 5, 1990.
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 employments, positions or offices and fixing salaries and 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.
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.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
[Adopted 8-17-1971 as Sec. BH:1-2 of the Revised General Ordinances]
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Township shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each offense. Complaint shall be made in the Municipal Court or before another judicial officer having authority under the laws of the State of New Jersey. The court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and 26:3-78.
Separate violations. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
In addition to the fines and penalties authorized herein, a person who violates any provisions of any chapter adopted by the Board of Health shall reimburse the Township of Byram for all costs incurred to correct or terminate adverse effects upon the environment resulting from the violation. Said person shall further reimburse the Township of Byram for all costs of investigation, inspection and prosecution arising from violation of any such chapter, including costs of litigation and reasonable attorney's fees. All costs and fees awarded pursuant to this section to the Township of Byram shall constitute an assessment and lien against the subject property and shall accrue interest as provided by law.
[Added 2-7-2000 by Ord. No. 3-2000]
[Amended 3-5-1990 by Ord. No. 2-1990]
All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Chief Financial Officer of the Township.