This chapter shall be known and may be cited
as the "Revised Board of Health Ordinances of the Town of Boonton,
1985," and is herein referred to as the "chapter."
For the purpose of this chapter, and in the
interpretation and application of all other ordinances heretofore
or hereafter adopted, except as the context may otherwise require,
the following words shall have the meanings indicated:
CARRIER
Any person who is a bearer or transmitter of communicable
disease germs and is himself immune to the disease.
HEALTH OFFICER
The Health Officer of the Town of Boonton, appointed by the
Board of Health of the Town of Boonton, in the County of Morris.
ISOLATION
The placing apart of persons or animals affected with or
exposed to, or suspected of being affected with or exposed to, a communicable
disease for the purpose of preventing contact with other persons and
animals and the establishment of restrictions directly surrounding
such persons or animals.
MONTH
A calendar month unless otherwise specifically provided.
ORDINANCE
Any act of local legislation heretofore or hereafter adopted,
and including this chapter, so long as it has been adopted by the
procedure required for the adoption of an ordinance and so long as
it remains in force and effect pursuant to law.
PERSON
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups; or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
QUARANTINE
The confining of persons, animals or materials within a designated
area and the exclusion of other persons, animals, insects or materials
from such area.
SALE
Every delivery, whether the same be by direct sale or the
solicitation or acceptance of an order, and including exchange, barter,
traffic in, keeping and exposing for sale, serving with meals, delivering
for value, peddling, possessing with intent to sell and gratuitous
delivery or gift by any person.
SANITARIAN
The Sanitarian of the Town of Boonton appointed by the Board
of Health of the Town of Boonton, in the County of Morris.
STREET
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk, and every class
of road, square, place or municipal parking field used by the general
public.
TOWN
The Town of Boonton, in the County of Morris.
YEAR
A calendar year unless otherwise specifically provided.
For the purpose of this chapter and any other
ordinances heretofore or hereafter adopted, except as the context
may otherwise require, the following shall apply:
A. The present tense includes the past and future tenses
and the future, the present.
B. The masculine gender includes the feminine and neuter.
C. The singular number includes the plural and the plural,
the singular.
D. "Shall" is mandatory and "may" is permissive.
E. The time within which an act is to be done shall be
computed by excluding the first and including the last day, and if
the last day be a Sunday, a legal holiday, or a day on which the offices
of the Town are closed, that day shall be excluded.
F. Whenever a specific time is used in this chapter,
it shall mean the prevailing and established time in effect in the
State of New Jersey during any day in any year.
G. "Writing" and "written" shall include printing, typewriting
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
H. Any citation of statute, law or ordinance contained
in this chapter shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
(1) "Article" shall mean one of the major divisions of
this chapter identified by a Roman numeral and divided by subject
matter.
(2) "Section" shall mean a major subdivision of an article.
(3) "Subsection" shall mean a subdivision of a section.
If any article, section or subsection of this
chapter is declared to be unconstitutional, invalid or inoperative,
in whole or in part, by a court of competent jurisdiction, such article,
section or subsection shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining articles,
sections and subsections of this chapter.
All fees and penalties collected under any provision
of this chapter of the codes established herein shall be paid to the
Town Treasurer.
Whenever the Health Officer finds that the public
safety will not permit delay, he may exercise one or more of the following
powers without having to resort to legal proceedings and without the
necessity of giving notice or holding any hearing which would otherwise
be required under any provision of this chapter.
A. Power to prevent the sale of food. The Health Officer
may prohibit the importation into the Town or sale of any food, drink
or other item intended for human consumption or use from a source
suspected of being infected, contaminated, unsanitary, unhealthy or
dangerous.
B. Power to seize and destroy unwholesome food. The Health
Officer may order the seizure and destruction of any food, drink or
other item intended for human consumption which is unwholesome or
dangerous or likely to cause sickness or injury to the persons who
consume it.
Nothing contained in this chapter shall be construed
as a waiver by the Board of Health or its authorized agents of any
right to collect civil penalties under any section hereof where provided
for under the Revised Statutes of New Jersey or any act or code incorporated
by reference herein.