A.
ADVERTISE or ADVERTISING
BOARDING HOME FOR CHILDREN
BOARDINGHOUSE
CLEANING
COMMUNICABLE DISEASES
DISINFECTION
DWELLING
FOOD
HEALTH OFFICER
HOTEL
HOUSEKEEPING UNIT
LODGING HOUSE
MATERNITY HOME
NURSING HOME or CONVALESCENT HOME
OCCUPANT
OWNER
PERMIT or LICENSE
PROPERTY or PREMISES
QUARANTINE
REGULATIONS
SANITARIAN
STATE BOARD and STATE DEPARTMENT
TENANT
For the purposes of this chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
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]
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.
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.
The thorough removal of contaminating material.
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.
The application of any disinfected materials to infected
materials in sufficient concentration and for a sufficient length
of time to destroy pathogenic organisms.
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.
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]
The Health Officer or his designated representatives.
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.
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]
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.
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.
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.
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]
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]
A duly authorized permit or license of the Village issued
in accordance with this chapter.
Unless restricted or limited by the context to either real
or personal property shall include both.
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.
Any regulations, whether general or special, which the Division
of Health may from time to time lawfully adopt and issue.
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.
The New Jersey Public Health Council or State Department
of Health or any successor agency thereto.
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:
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.
