[HISTORY: Adopted by the Board of Health of the Borough of Andover:
Art. I, 6-4-1986 as Ord. No. 227. Amendments
noted where applicable.]
[Adopted 6-4-1986 as Ord. No. 227]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Andover of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 138 through 151, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Andover," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent
ordinances of the Board of Health enacted prior to the enactment of this Code,
except such ordinances as are expressly saved from repeal or continued in
force and effect hereinafter.
All provisions of this ordinance and the Code shall take effect 30 days
after the date of the first publication.
A copy of the Code in loose-leaf form has been filed in the office of
the Secretary of the Board of Health 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 as provided by law, and such
certified copy shall remain on file in the office of the Secretary of the
Board of Health, to be made available to persons desiring to examine the same
during all times while the said Code is in effect.
Any and all additions, amendments or supplements to 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 such
Code so that reference to the "Code of the Borough of Andover" 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 Secretary of the Board of Health, pursuant to law, shall cause to
be published, in the manner required, a copy of this adopting ordinance in
a newspaper of general circulation in the township. Sufficient copies of the
Code shall be maintained in the office of the 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 Secretary, or someone authorized and directed
by the Secretary, to keep up-to-date the certified copy of the book containing
the Code required to be filed in the Secretary's 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.
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 Board of
Health 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 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 section 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 section or parts thereof.
All ordinances of a general and permanent nature adopted by the Board
of Health and in force on the date of the adoption of this ordinance and not
contained in the Code are hereby repealed as of the effective date of this
adopting ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 138-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance of the Board of Health adopted subsequent
to July 5, 1974.
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.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
G.
Any provisions of an ordinance or resolution of the Board
of Health creating employments, positions or offices and fixing salaries and
duties therefor which are not provided in the Code hereby adopted and which
are not in conflict or inconsistent therewith, or any ordinance pertaining
to the salaries and compensation of Board of Health officers and employees.
A.
In compiling and preparing the ordinances of the Board
of Health 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.
