This Part 2 and all ordinances supplementary hereto and amendatory hereof may be cited as the "Revised Health Code of the Borough of Closter (1982)."
In case of conflict with any provision of the
State Sanitary Code or any other state or federal law or regulation,
the more restrictive provision shall prevail. The higher standard
shall be enforced in order to promote and protect the health and safety
of the inhabitants of the Borough of Closter.
A.
In the construction of this Part 2 or any amendments hereof or any supplements hereto, words and phrases shall be read and construed:
(1)
Within their context and, unless inconsistent with
the manifest intent of the Board, as expressed herein.
(2)
Unless another or different meaning is expressly indicated,
such words or phrases shall be given the meanings expressed herein,
or if no such meaning is given, their generally accepted meaning,
according to the approved usage of the language, shall be applied.
(3)
Technical, trade or commercial words and phrases and
words and phrases having a special or accepted meaning in the law
shall be construed in accordance with such technical, trade, commercial
or special and accepted meaning.
(4)
Unless otherwise indicated by the context, the definitions
herein contained shall apply to the terms used in other definitions.
(5)
Unless otherwise indicated by the context, the singular
shall include the plural and one gender shall include the other genders.
B.
BOARD
BOROUGH
CLEANING
CODE
DEPARTMENT
FOOD
GARBAGE
LICENSE or PERMIT
MEMBER
NUISANCE
PERSON
PUBLIC PLACE
RETAIL FOOD SERVICE ESTABLISHMENT
RULES AND REGULATIONS
SMALL ANIMALS
STATE DEPARTMENT
STATE HEALTH CODE
In addition to the definitions included in some of the following articles of this Part 2, the following definitions shall apply in the interpretation and enforcement of this Part 2:
The Board of Health of the Borough of Closter, New Jersey.
The Borough of Closter, New Jersey.
The thorough removal of contaminating material or materials.
The Revised Health Code of the Borough of Closter, unless
some other code is expressly indicated.
The Department of Health of the Borough of Closter, New Jersey.
Includes any article used for food or beverage for people
or animals and every ingredient therein, including, without limitation,
all confectionery, condiments, flavorings and other components of
any such article.
The accumulation of animal or vegetable matter, or both,
liquid or otherwise, that tends to decay.
A duly authorized license or permit granted by the Board and issued in accordance with this Part 2, the regulations of the Board or applicable state statutes or regulations.
One of the persons who shall constitute the Board of Health
of the Borough of Closter.
Any condition which is dangerous to human life or health
or which renders air, water, soil or any type of food hazardous or
injurious to human life or health.
Any person, association, partnership, trust or corporation,
or any one or more of them or any combination of any of them.
A place which is visited and is usually accessible to the
neighboring public and in which the public has an interest as affecting
the safety, health, morals and welfare of the community.
Any fixed or mobile restaurant; coffee shop, cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution serving food; catering kitchen; commissary; box lunch establishment; retail bakery; meat market; or similar place in which food or drink is prepared for a retail eating or drinking establishment or operation where food is served, handled or provided for the public with or without charge, except that agricultural markets, covered dish suppers or similar types of church or nonprofit-type institution meal services shall meet the special provisions of Chapter 12 of the New Jersey State Sanitary Code.
Those rules and regulations prescribing or directing action or forbearance which are required to be followed by this Part 2.
Includes cats, dogs, guinea pigs, rabbits, domestic rodents
or any other small animal kept or raised as pets or for other noncommercial
purposes; provided, however, that the term "small animals" shall not
apply if they total in the aggregate fewer than three of the same
species, except for dogs or cats under the age of six months or other
small animals young enough to require the care of the mother animal.
The New Jersey State Department of Health.
The New Jersey State Sanitary Code, promulgated by the New
Jersey State Department of Health, which has the force and effect
of law and is enforceable by the State Department of Health, the local
boards of health, local police authorities and other enforcement agencies.
All references in the Revised Health Code to
chapters, Articles or sections are to chapters, Articles or sections
of the Revised Health Code. Such references to chapters or Articles
shall be construed to refer to all the sections within the chapters
or Articles to which such references are made, unless otherwise expressly
provided.
In the construction of the Revised Health Code
or any part thereof, no analysis of any section or part thereof, no
cross-reference or cross-reference note, no indication of a source
by parenthetical material after a section, no note, no footnote and
no section heading shall be deemed to be part of the Revised Health
Code.
Whenever an ordinance that repeals an earlier
ordinance or part thereof is itself repealed, such repeal shall not
revive the former ordinance or part thereof, unless specific provision
is made therefor.
[Amended 12-18-1986 by Ord. No. 1986-2]
A.
Organization. The Board shall organize annually, on
the first day of January in each year or as soon thereafter as may
be feasible, at which time it shall elect, by a majority vote of all
the members of the Board and from its members, a President and a Vice
President. The Board, as appointed by the Mayor with the advice and
consent of the Borough Council, shall consist of seven members, in
accordance with N.J.S.A. 26:3-3 [Revised Statutes of New Jersey (1947)].
B.
Meetings.
(2)
Regular meetings shall be held monthly, on the third
Thursday of each month except during July and August. Special meetings
may be called at any time by the President or upon request of four
members of the Board. Four members shall constitute a quorum for the
transaction of business by the Board. All regular meetings of the
Board shall be open to the public. Special meetings may be declared
closed for the purposes of executive session by a majority vote of
the members present. In the cases of special meeting, notice shall
be given to all members of the Board, in writing, at least 48 hours
prior to the time fixed for holding the same.
(3)
All meetings shall be conducted according to Robert's
Rules of Order, except as this code provides otherwise.
C.
Order of business. At the meetings of the Board, the
order of business shall be as follows, unless otherwise determined
by resolution:
(1)
Roll call.
(2)
Approval of the minutes of the previous meeting.
(3)
Communications.
(4)
Report of committees and officers.
(5)
Report of Health Officer.
(6)
Report of Nurse.
(7)
Reports of Secretary and Registrar of Vital Statistics.
(8)
Hearings.
(9)
Open and close meeting to the public.
(10)
Unfinished business.
(11)
New business.
D.
Committees. At the first regular meeting of the Board,
the President shall appoint such standing committees as are deemed
necessary to serve for the current year. Special committees may be
appointed by the President from time to time as the need arises. The
committees are as follows:
[Amended 3-17-1994 by Ord. No. 1994-1]
(1)
The Finance and Personnel Committee shall consist
of three Board members and shall develop and present the budget to
the Board. It shall make salary recommendations and personnel policies.
It shall monitor expenditures throughout the year.
(2)
The Community Health Projects Committee shall consist
of three Board members who shall work in conjunction with the Health
Officer, Registered Nurse and Secretary in the performance of emergency
health services, the annual Health Fair or any additional health services
that arise.
(3)
The Public Relations Committee shall consist of three
Board members and shall be responsible for contact with the press
and public.
(4)
The Dog Licensing Committee shall consist of three
Board members.
(6)
The Legal Review Committee shall consist of three
Board members who shall review all public health laws and borough
laws. It shall recommend to the Board any required revisions or new
regulations it deems necessary.
(7)
The Ad Hoc Committee shall be appointed at the will
of the Board President.
(8)
The Nominating Committee shall consist of three Board
members with nonexpiring terms. They shall be appointed at the December
meeting, and the Committee shall make its report at the January meeting
on the nomination of President and Vice President.
E.
Appointments. The Board shall appoint by majority
vote at its first annual meeting a Health Officer, Secretary, Registered
Nurse, Medical Advisor and Veterinarian. The Board shall accept the
Attorney and Animal Control Officer as appointed by the Mayor and
Council of the Borough of Closter. The Registrar of Vital Statistics
shall be appointed in accordance with the provisions of N.J.S.A. 26:8-13
[New Jersey Revised Statutes (1947)]. The Board shall have the power
to employ such additional services as it may deem necessary and may
delegate discretionary authority to appointees of the Board when such
action is dictated by emergency. The salaries or other forms of compensation
of the aforesaid appointees shall be such as is fixed at the time
of their appointment by a resolution of the Board, subject to review
and approval by the appropriate financial agency of the municipal
government.
[Amended 3-17-1994 by Ord. No. 1994-1]
F.
Counsel. The Counsel shall be the legal adviser of
the Board and shall, when required, attend its meetings. The Counsel
shall, when authorized to do so by the Board, represent it in all
litigation to which it may be a party and perform all such other legal
services as may, from time to time, be required.
G.
Duties of the officers. The President shall preside
at all meetings of the Board and shall appoint all committees. During
the intervals between regular meetings, the President shall represent
the Board in all executive and judicial matters. The Vice President,
in the absence, disability or resignation of the President, shall
serve in the place of said President with all his or her powers and
duties. If the Vice Presidency should be vacated, then the Board shall
elect a new Vice President immediately upon the vacancy occurring.
H.
Duties of appointees.
(1)
The Secretary shall keep the minutes of all the proceedings
of the Board; shall conduct all the official correspondence of the
Board; shall maintain proper copies of the same; shall tabulate and
complete all reports required by any superior authority, local, state
or national; and shall make such other reports as may be required
or directed by the Board. The Secretary shall procure all books, stationery
and other supplies as may be required by the Board and shall keep
adequate records of all applications for permits and licenses and
the action of the Board, if any, thereon and all such other pertinent
information as may be necessary for a complete record of each such
matter.
(2)
The Registrar of Vital Statistics shall keep all such
records of that office as required by the Bureau of Vital Statistics
of the State of New Jersey and shall perform such other duties as
may be required.
(3)
The Nurse shall be responsible for informational and
other appropriate services. The Nurse shall also perform other duties
as are required by state law or may be required from time to time
by the Board.
(4)
The Health Officer shall act as the enforcing officer
of the Board and shall, in addition to such other duties as may be
required from time to time, perform such duties as required by state
law or regulations. The Health Officer is also responsible for the
following:
(a)
Investigation of all complaints arising under
the Revised Health Code of the Borough of Closter.
[Amended 3-17-1994 by Ord. No. 1994-1]
(b)
Periodic inspection of each food and food-handling
establishment to establish and report upon the sanitary conditions
of such establishments and to take such steps as are necessary to
ensure that sanitary conditions are maintained in such establishments.
The food establishments shall be inspected at least four times in
any one given year.
(c)
Performance of such duties as may be required
in connection with control of communicable diseases, quarantine of
the same and release from quarantine, together with such duties as
may be required for compliance with the public health laws of the
State of New Jersey having to do with communicable diseases.
(d)
Collection of samples of food, water and other
materials and submission of the same to appropriate county or state
agencies for analysis where such analysis appears necessary or desirable
in connection with the maintenance of sanitary conditions within the
borough.
(e)
Supervision of rodent and insect extermination in accordance with Article XV of the Borough Health Code.
(f)
Enforcement of the Borough Health Code and the
State Sanitary Code.
I.
Ordinances and resolutions.
(1)
Ordinances and resolutions shall be prepared for the
consideration of the Board by the Board Attorney upon the instructions
of the Board. No ordinance shall be adopted by the Board without an
affirmative vote of the majority of all members of the Board; however,
resolutions shall be adopted by the Board by vote of the majority
of the members of the Board present, provided that a quorum exists.
(2)
An ordinance or resolution may be introduced by any
member of the Board. The Secretary shall forthwith provide each member
of the Board with a copy thereof. Each resolution and ordinance shall
be limited to a single subject, which shall be expressed in its title,
and shall be reviewed at a conference meeting prior to submission
for public action.
(3)
All resolutions shall take effect immediately upon
final passage by the Board unless otherwise specified in the resolution
as approved.
The Board shall and may from time to time amend, supplement or implement this Part 2 by other provisions amendatory thereof or supplementary thereto.
The Board may from time to time, by general resolution, suspend or declare inoperative any provisions of this Part 2 which, in its judgment, are not for the time being required for the protection of the health of the Borough of Closter.
A.
Whenever the Health Officer determines that a retail food service establishment or other public or private premises contains a health hazard or is in violation of this Part 2 or of applicable state or federal statutes, codes or rules so that a public health hazard is present or a public health emergency may result, in addition to actual notice of the hazard or violation to the owner or operator, the Health Officer may post the premises with a notice to the public indicating the health hazard or violation and the date. The posted notice shall not be removed except by the Health Officer after an inspection has shown that the hazard has been eliminated or the violation removed.
B.
The inspecting
officer shall post the evaluation placard for New Jersey State Chapter
24 Food Inspections immediately in the entry window of the establishment.
In the event that there is no window, the evaluation placard shall
be posted immediately in a conspicuous place near the public entrance
of the establishment in such manner that the public may view the placard.
[Added 5-16-2019 by Ord. No. 2019-1]
The Board may from time to time adopt such rules
and regulations as by law it is permitted, authorized or empowered
to so adopt and which shall, in its judgment, act in the proper understanding
and general enforcement of the Code.
