[HISTORY: Adopted by the Board of Health of the Township of West
Amwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-2005 by BOH Ord. No. 1-2005]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the Township of West Amwell of a general and permanent nature adopted by the Board of Health of the Township of West Amwell, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
159 through
178, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Township of West Amwell," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1982 Code, adopted May
3, 1984, and all general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly saved from
repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication
according to law.
A copy of the Code in loose-leaf form has been filed in the office of
the Borough Clerk and/or Board of Health Secretary and shall remain there
for use and examination by the public until final action is taken on this
ordinance; and, if this ordinance shall be adopted, such copy shall be certified
to by the Secretary of the Board of Health of the Township of West Amwell,
as provided by law, and such certified copy shall remain on file in the office
of the Secretary of the Borough, to be made available to persons desiring
to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to Part III of the
Code, when passed and adopted in such form as to indicate the intent of the
Board of Health to make them a part thereof, shall be deemed to be incorporated
into Part III of such Code so that reference to the "Code of the Township
of West Amwell" shall be understood and intended to include such additions
and amendments. Whenever such additions, amendments or supplements to the
Code shall be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book containing said Code as amendments and supplements
thereto.
The Clerk of the Township of West Amwell or the Secretary of the Board
of Health, pursuant to law, shall cause this Adopting Ordinance to be published,
in the manner required, in a newspaper of general circulation in the Borough.
Sufficient copies of the Code shall be maintained in the office of the Clerk
or Secretary for inspection by the public at all times during regular office
hours. The enactment and publication of this Adopting Ordinance, coupled with
availability of copies of the Code for inspection by the public, shall be
deemed, held and considered to be due and legal publication of all provisions
of the Code for all purposes.
It shall be the duty of the Clerk or Secretary or someone authorized
and directed by the Clerk or Secretary to keep up-to-date the certified copy
of the book containing the Code required to be filed in his or her office
for the use of the public. All changes in said Code and all ordinances adopted
subsequent to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are printed as supplements
to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Clerk, or an authorized agent of the Clerk, upon the payment of a
fee to be set by the governing body. The Clerk may also arrange for procedures
for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, any part or portion of the Code or to alter or tamper with such
Code in any manner whatsoever which will cause the law of the Township of
West Amwell to be misrepresented thereby. Anyone violating this section of
this ordinance shall be subject, upon conviction, to a fine of not less than
$5 nor more than $500.
Each section of Part III of the Code and every part of each section
is an independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for any cause
shall not be deemed to affect the validity or constitutionality of any other
sections or parts thereof.
Each section of this ordinance is an independent section, and the holding
of any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature
adopted and in force on the date of the adoption of this ordinance which are
inconsistent with any provision in the Code are hereby repealed to the extent
of such inconsistency as of the effective date of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for
in § 293-12 of this ordinance shall not affect the following ordinances,
rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to 12-1-2004.
B. Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right or liability.
C. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade, changing
of name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G. Any ordinance or resolution appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond or other instruments or evidence of the Borough's
indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J. The dedication of property or approval of preliminary
or final subdivision plats.
K. All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers and employees.
L. Any ordinance relating to or establishing a pension plan
or pension fund for Board of Health employees.
In compiling and preparing the ordinances for adoption and revision
as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes
and other minor changes were made in one or more of said ordinances. It is
the intention of the Board of Health that all such changes be adopted as part
of the Code as if the ordinances so changed had been previously formally amended
to read as such.