A. 
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ADVERTISE or ADVERTISING
Any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contacting for goods and/or services in violation of this chapter, as same may be viewed through various media including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this chapter.
[Added 1-11-2017 by Ord. No. 3570]
BOARDING HOME FOR CHILDREN
Any house or establishment where children are boarded or cared for, whether for one day or part thereof or a longer period, by or under supervision of persons not close relatives of such children for compensation or as a business.
BOARDINGHOUSE
A private housing or dwelling unit where the owner, tenant or occupant thereof is engaged in keeping two or more boarders not related to him by blood or marriage for a part of a day or longer period and in serving food to some or all of such lodgers under expressed contract or rate of payment.
CLEANING
The thorough removal of contaminating material.
COMMUNICABLE DISEASES
Any infectious, contagious or communicable diseases so declared or defined by law or by this chapter or which has been or may hereafter be declared as "communicable diseases" by the State Department of Health.
DISINFECTION
The application of any disinfected materials to infected materials in sufficient concentration and for a sufficient length of time to destroy pathogenic organisms.
DWELLING
Any building or portion thereof which is occupied or is intended to be occupied as a residence or sleeping place of one or more individuals, families or households.
FOOD
Includes any article used for food or beverage for humans or other animals and every ingredient therein, including, without limitation, all confectionery, condiments, flavorings and other components of any such article.
[Amended 10-13-1992 by Ord. No. 2375]
HEALTH OFFICER
The Health Officer or his designated representatives.
HOTEL
A private housing or dwelling unit open to the public where the owner, tenant or occupant is engaged in keeping two or more guests for a part of a day or a longer period under expressed contract or agreed rate of payment.
HOUSEKEEPING UNIT
Constitutes a family-type situation, involving one or more persons, living together that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
[Added 1-11-2017 by Ord. No. 3570]
LODGING HOUSE
A private dwelling unit where the owner, tenant or occupant is engaged in keeping two or more lodgers not related to him by blood or marriage for a part of a day or longer period under expressed contract or agreed rate of payment.
MATERNITY HOME
Any home, house or other place conducted or maintained by any person advertised or held out by such person as a maternity or obstetrical home, sanitarium or place where one or more women during pregnancy, labor or lying-in period are attended or intend to be attended professionally or otherwise during any pregnancy, labor or lying-in period.
NURSING HOME or CONVALESCENT HOME
Any home, house or other place conducted or maintained by any person advertised or held out by such person as a rest home, sanitarium or place where one or more persons are cared for or attended during a convalescent period or for the attending of the aged.
OCCUPANT
Any individual inhabiting, using, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling or a portion thereof, or having other permission or possessory rights or interest in the dwelling.
[Added 1-11-2017 by Ord. No. 3570]
OWNER
Any person(s) or entity(ies), association, limited liability company, corporation, or partnership, or any combination, who legally use, possess, own, lease, sublease or license (including an operator, principal, shareholder, director, agent, or employee, individually or collectively) that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.
[Added 1-11-2017 by Ord. No. 3570]
PERMIT or LICENSE
A duly authorized permit or license of the Village issued in accordance with this chapter.
PROPERTY or PREMISES
Unless restricted or limited by the context to either real or personal property shall include both.
QUARANTINE
The restriction of movement of any person who has been exposed to a communicable disease by confining such person to a restricted area and the exclusion of other persons from that area.
REGULATIONS
Any regulations, whether general or special, which the Division of Health may from time to time lawfully adopt and issue.
SANITARIAN
Includes every officer appointed by the Division of Health to aid in the enforcement of the sanitary laws of the state or to aid in the enforcement of the applicable rules, regulations and ordinances of the Division of Health, excepting the Health Officer, Secretary, Registrar or other persons performing principally clerical duties.
STATE BOARD and STATE DEPARTMENT
The New Jersey Public Health Council or State Department of Health or any successor agency thereto.
TENANT
Any person occupying any house, building or portion thereof which is rented, leased, let or hired out to be occupied as a house, residence or a business establishment.
B. 
It is intended that the terms "license" and "permit," wherever used within this chapter, be synonymous if, in the interpretation of any part hereof, such synonym is required to carry out the manifest intent and purpose of this chapter.
[Amended 12-11-1984 by Ord. No. 1954; 10-13-1992 by Ord. No. 2375; 5-9-1995 by Ord. No. 2523]
All applications for licenses, permits or health certificates as required by this chapter shall be made at the Office of the Division of Health during regular office hours, and the fees for every license, permit or health certificate shall be paid in advance at the time of making the application therefor. If a license application is submitted more than 30 days after the due date, a late charge as set forth in Chapter 145, Fees, shall be assessed and collected, and an additional late charge in the same amount shall be due and payable for every thirty-day additional period thereafter. In the event that any license, permit or health certificate required by this chapter is suspended or revoked but is thereafter reinstated, said reinstatement shall be accompanied by payment by the licensee, permit holder or holder of the health certificate of a sum equal to a full year's fee for such license, permit or health certificate.
The granting of any license, permit or health certificate may be withheld, at the direction of the Division of Health, pending examination, investigation or inspection of the person who or the premises which may be the subject matter of the license, permit or health certificate under consideration.
No fee for any license, permit or health certificate issued under this chapter shall be required of any person declared by state law to be exempt from the payment of any such fee.
All licenses, permits or health certificates issued under this chapter shall be valid only for the balance of the calendar year in which they are issued, unless otherwise provided in this chapter. No such license, permit or health certificate shall be transferable or assignable.
The Division of Health shall evidence the granting of any license, permit or health certificate issued by furnishing to the licensee, permittee or health certificate holder a suitable card, sign, placard, disc, plate or other writing which shall convey information concerning the nature of such license, permit or health certificate, the serial number of the same, the name of the person to whom the same has been issued, the year in which the same is so issued, the premises so licensed, if that be material or required, and such other information as the Division may deem pertinent.
Every license, permit or health certificate issued by the Division of Health shall be displayed in a conspicuous place in the establishment, premises or other place for which the same is issued for the period that such license, permit or health certificate shall be in force, unless the Board shall otherwise prescribe.
A. 
Every license, permit or health certificate issued under this chapter may, at any time during the term for which the same is so issued, be suspended by the Division of Health or, in an emergency, by the Health Officer, pending a hearing to be granted the holder thereof, pursuant to a notice to show cause by the Division why such license, permit or health certificate should not be suspended further or revoked.
B. 
No such license, permit or health certificate shall be suspended unless the Health Officer shall file with the Division a complaint or charges evidencing one or more violations of this chapter under which such license, permit or health certificate was originally issued.
C. 
Every suspension ordered under this section shall automatically terminate two weeks from the date thereof unless the continuance of such suspension shall be ordered by the Division, and then such suspension shall continue only during the period of any such continuance so ordered by the Division.
D. 
During the period of any such suspension or ordered continuance thereof, every license, permit or health certificate so suspended shall be ineffective, and the holder thereof shall, during the entire period of such suspension, cease the operation of any business or discontinue every activity or use permitted under the license, permit or health certificate suspended.
A. 
Any license, permit or health certificate issued under the provisions of this chapter may be revoked at any time by the Division of Health for just cause or if the licensee, permittee or health certificate holder or any of the employees, agents or servants of such licensee, permittee or health certificate holder shall violate:
(1) 
Any of the provisions of this chapter.
(2) 
The Sanitary Code of the State Department of Health specifically applicable to the subject matter for or upon which such license, permit or health certificate was issued.
B. 
Before any license, permit or health certificate may be revoked, the holder thereof shall be given a hearing and an opportunity to be heard on the complaint made or violation charged against him.
C. 
The time and place for such hearing shall be fixed at the discretion of the Division, provided that an unreasonable time shall not be permitted to elapse between the date of any suspension of license and the date fixed for the hearing.
D. 
Notice of the time and place of any hearing held under this section shall be given by the Division to the holder of the license, permit or health certificate so involved, in writing, and served either personally or sent to him by registered mail, addressed to him at the address stated in the license, permit or health certificate.
E. 
A licensee, permittee or health certificate holder who fails to appear at the time and place fixed for such hearing shall not be entitled to any further hearing, and in that event his license, permit or health certificate may, as a matter of course, be forthwith revoked.
A. 
At least once every three months the Health Officer shall inspect all establishments licensed under the provisions of this chapter. In case the Health Officer discovers the violation of any item of sanitation, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this chapter. Any violation of the same item of this chapter shall call for immediate suspension of license.
B. 
A copy of the inspection report shall be filed and kept by the establishment for a period of one year, and the original shall be filed in the records of the Division of Health.
C. 
The person operating the establishment shall, upon request of the Health Officer, permit access to all parts of the establishment.
A. 
Except as otherwise provided in this chapter, any person who shall do or commit any act prohibited by the terms of this chapter; or do or commit any act for which a license, permit or health certificate is required, without having secured and being in possession of a valid license, permit or health certificate at the time of the doing or commission thereof; or omit to do or perform any act required by him to be so done or performed by this chapter; or maintain any place, establishment, vehicle, conveyance, equipment or article in violation of any of the provisions of this chapter; or fail to maintain any condition, equipment or facility required to be maintained by this chapter; or fail to install any article of a particular type, kind, quality or specification where such installation is required; or in any manner, by deed, act, act of commission or act of omission, violate any one or more of the provisions of this chapter; shall, upon conviction thereof or upon conviction of any violation of the provisions hereof, be subject to a penalty or judgment of not more than $500 and upon conviction and refusal or neglect to pay the amount of such penalty or judgment, to be committed to the county jail for a period of time not exceeding 90 days or, if he shall have been twice convicted within the space of six months of the violation of this chapter and due proof of that fact is made, he may be imprisoned in the county jail or county workhouse for any number of days not exceeding one day for each dollar of the penalty, in addition to the imposition of the penalty prescribed above, all in the discretion of the Municipal Judge or other officer before whom the complaint shall be brought.
[Amended 12-11-1984 by Ord. No. 1954]
B. 
In the event that any violation of this chapter shall also be a violation of a state law for which is provided a greater penalty or judgment than that contained in this section, the Municipal Judge or trial judge before whom any complaint is brought based upon such violation shall, in his discretion, have the right to impose, in the place and in lieu of any penalty provided for herein, that so provided in the state law which has been so violated.