[HISTORY: Adopted by the Council sitting
as the Board of Health of the Township of Ewing 11-24-1998 by Ord. No.
98-13 as Ch. 234 of the 1998 Code. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Administrative Code of the Board of Health of the Township
of Ewing" and is herein referred to as the "code."
[Amended 4-11-2006
by Ord. No. 06-14]
The President of the Township Council shall
be the President of the Board of Health and shall preside over all
meetings of the Board of Health.
[Amended 4-11-2006
by Ord. No. 06-14]
The Municipal Clerk shall be the Secretary of
the Board of Health, who shall be responsible to the Board and who
shall issue all licenses authorized by the Board.
[Amended 4-11-2006
by Ord. No. 06-14]
There shall be a Registrar of Vital Statistics,
who shall be responsible to the Board of Health and shall be appointed
in accordance with the provision of Title 11A. Civil Service, of the
New Jersey Statutes.
[Amended 4-11-2006
by Ord. No. 06-14]
There shall be a Health Official of the Board
of Health who shall be responsible to the Board. The Health Official
shall hold the necessary license and shall be appointed in accordance
with the provisions of Title 11A, Civil Service, of the New Jersey
Statutes. The Health Official shall, subject to the superior authority
of the Board, be the general agent of the Board for the enforcement
of its ordinances and the sanitary laws of the State of New Jersey.
[Added 7-27-2021 by Ord. No. 21-19]
There shall be a Director of Health and Welfare who shall be
responsible to the Board. The Director of Health and Welfare shall
be appointed in accordance with the provisions of Title 11A, Civil
Service, of the New Jersey Statutes. The Director of Health and Welfare
shall, subject to the superior authority of the Board and the Health
Official, be the general agent of the Board for supervision of the
Health Department and the administration and enforcement of local
health ordinances.
There shall be special health officials of the
Board of Health, when appointed by the Board, who shall promptly report
to the Board every violation of health ordinances, rules and regulations
which may come within their observation or knowledge. The police and
fire officers of the Township may be designated special health officials
of the Board of Health.
The Board may employ such other personnel as
it may deem necessary, including technicians, inspectors and others
necessary to carry out the powers vested in the Board by law and by
this chapter. All such personnel shall, where required, be appropriately
licensed.
Whenever the Health Official 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 Official
may prohibit the importation into the Township 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
Official 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
Township 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
refuses to permit entry for the purpose of inspection, the Board of
Health may apply to the Municipal Judge of the Township 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 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.
[Amended 2-24-2009 by Ord. No. 09-02]
Abatement of nuisances shall be as set forth in Chapter 407, Nuisances, Public Health.
The Board of Health may, by resolution, make
rules and regulations which interpret or amplify any provision of
this chapter or for the purpose of making the provisions of this chapter
more effective. No regulation, however, shall be inconsistent with,
alter or amend any provision of this chapter and no regulation shall
impose any requirement which is in addition to or greater than the
requirements that are expressly or by implication imposed by any provision
of this chapter.
