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:
The Board of Health of the Town of Boonton, in the County
of Morris.
Any person who is a bearer or transmitter of communicable
disease germs and is himself immune to the disease.
The officer appointed by the Board of Health to assist the
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.
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.
A calendar month unless otherwise specifically provided.
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.
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.
The confining of persons, animals or materials within a designated
area and the exclusion of other persons, animals, insects or materials
from such area.
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.
The Sanitarian of the Town of Boonton appointed by the Board
of Health of the Town of Boonton, in the County of Morris.
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.
The Town of Boonton, in the County of Morris.
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.
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.
A.
Maximum penalty. Any person violating any of the provisions
of this chapter 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 of the Town or before such other judicial
officer having authority under the laws of the State of New Jersey.
In addition, the Court shall have the power to impose other penalties
provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.
B.
Any person violating any of the provisions of the
retail food section of this chapter shall, upon conviction thereof,
pay a penalty of not less than $25 nor more than $500 for each offense.
C.
Separate violation. Except as otherwise provided,
each and every day in which a violation of any of the provisions of
this chapter exists shall constitute a separate violation.
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.
A.
Inspection of premises. The Board of Health, its agents
and employees shall have the right to inspect any premises in the
Town if they have reason to believe that any provision of this chapter
is being violated or as part of a regular program of inspection.
B.
Search warrant. If the owner or occupant of any premises
refused to permit entry for the purpose of inspection, the Board of
Health may apply to the Municipal Judge for a search warrant. The
application shall be based upon an affidavit setting forth that the
inspection is part of a regular program of inspection or that conditions
and circumstances provide a reasonable basis for believing that a
nuisance or unsanitary or unhealthy condition exists on the premises.
If the Judge is satisfied as to the matters set forth in the affidavit,
he shall authorize the issuance of a search warrant permitting access
to and inspection of the premises.
C.
The warrant shall be obtained in accordance with N.J.S.A.
26:3-59 through 26:3-63 of the Revised Statutes of New Jersey.
A.
Any and all licenses or permits required by any section
of this chapter must be displayed in public view at all times.
B.
All licenses and permits issued under the provisions
of this chapter are not transferable. Where a vehicle or conveyance
is used in the operation of any business covered by this chapter and
such vehicle or conveyance is required to have a license or a permit,
a separate license must be obtained for each and every vehicle used
in the said operation.
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.
