[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975 by Ord. No. 297-75 as Sec. 16-1 of Ch. XVI of the Revised General Ordinances of the City of Passaic, 1975; amended in its entirety 9-11-2007 by Ord. No. 1736-07. Subsequent amendments noted where applicable.]
Administration of government — See Ch. 5.
Personnel policies — See Ch. 35.
Salaries and compensation — See Ch. 49.
Body piercing — See Ch. 91.
Food establishments — See Ch. 149.
Public Health Nuisance Code — See Ch. 223.
Tobacco — See Ch. 283.
Vending machines — See Ch. 299
The following words and phrases, as used in this chapter, shall have the meanings set forth herein:
- HEALTH OFFICER
- The Health Officer of the City or any of his duly authorized representatives.
- The physical separation and confinement of an individual or groups of individuals who are infected or reasonably believed to be infected, on the basis of signs, symptoms, or laboratory analysis, with a contagious disease from nonisolated individuals, to prevent or limit the transmission of the disease to nonisolated individuals.
- The physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious disease and who do not show signs and symptoms of a contagious disease, from nonquarantined individuals, to prevent or limit the transmission of the disease to nonquarantined individuals.
Whenever the Health Officer finds that public safety will not permit delay, he may exercise one or more of the following powers without resorting to legal proceedings and without giving notice of or holding any hearing which would otherwise be required under any provision of this Code:
Condemn any food of a perishable nature and cause to be destroyed or disposed of in such a manner as to make it impossible thereafter to be used for human food wherever found:
To affix to such article a tag to any product, including any food, cosmetics, drugs or any items intended for human consumption or use, that is, adulterated or misbranded, until the Health Officer receives permission from an agent of the State Department or the Court to remove or dispose of any food, drink, cosmetics, drugs, or other item intended for human consumption or use which is unwholesome or dangerous or liable to cause sickness or injury to the persons who consume it or use it. The tag shall give notice that the article is, or is suspected of being, adulterated or misbranded and has been detained and embargoed, and warn all persons not to remove or dispose of such article by sale or otherwise until permission has been granted from an agent of the State Department or the Court.
Medical examinations, isolation, and quarantine.
Whenever the Health Officer shall deem it necessary to establish the true character of any disease which in his opinion may be communicable, a medical examination of the person infected may be required by a physician designated by the City of Passaic, and such specimens of excretion or other material for examination shall be taken from such persons, and it shall be the duty of the person to submit to the examination and furnish the necessary specimens. No person shall interfere with or prevent the securing of such specimens.
The Health Officer may cause any person suspected or known to be infected with a communicable disease to be isolated or quarantined until medical or laboratory examinations show that the person is free of the causative organisms of the disease.
The Health Officer may, by written order, restrict any person who has been exposed to a communicable disease, under conditions he may specify, providing such period of restriction shall not exceed the period of incubation for the disease.
The Health Officer may, if it shall be deemed necessary, require a person believed to be a carrier of communicable disease germs to furnish specimens for examination. It shall be the duty of such person to furnish the necessary specimens for examination or to permit the Health Officer or his representative to collect the specimens.
For the purpose of this subsection, all "carriers" shall be considered as being infected with the disease and shall be subject to and comply with all provisions of the rules and regulations of the Division of Health which relate to the quarantine, isolation and control of persons affected with such disease.
Inspection of premises. The Health Officer shall have the right to inspect any premises in the City if he has reason to believe that a provision of this chapter is being violated or as a part of a regular inspection. No person shall oppose such entry or hinder or interfere with the Health Officer in the performance of his duty.
Search warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Health Officer may apply to the Municipal Judge for a search warrant. The application shall be based on 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 Municipal Judge is satisfied that an inspection is necessary, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
Notices of violation of any provision of this chapter or of any ordinance administered or enforced by the Division of Health shall be issued by the Health Officer or his designee. Such notice shall contain a brief statement of the violation charged and, where a structure or premises or a condition therein is involved, a brief description of the said structure or premises to which the said notice refers, sufficiently definite in terms to identify it and its location. Such notice shall direct the person charged with the violation or his agent to remove the violation forthwith.
The notice of violation may be served upon the person charged with the violation and who resides in the City of Passaic in person or by leaving it at his usual place of residence with a member of his family above the age of 14 years. If the person charged with the violation shall not reside in the City, then the notice may be served upon him personally or mailed to his last known residence or business post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner of the property is unknown or service cannot for any reason be made as above directed, notice may be served by affixing the same in a conspicuous place on the property where the violation exists and by mailing a copy of the notice to the person charged with the violation, to his last known residence or business address.
In cases deemed by the Health Officer to constitute an emergent threat to public health, the Health Officer may order, by telephone, the owner, or the owner's agent, or person or persons responsible for the violation to abate the violation. It shall not be a defense in a Municipal Court prosecution, where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life or limb or an emergent threat to the health, safety or welfare of the public, that a written notice was not served on the defendant if the Health Officer contacted the owner, or the owner's agent, or person or persons responsible for the violation by telephone.
If no residence or business address or telephone number can be ascertained by the Health Officer after reasonable diligence for the owner, or the owner's agent, or person or persons responsible for the violation, such mailing or telephone call may be dispensed with, and upon an affidavit of inquiry, the notice of violation shall be deemed served. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.