[HISTORY: Adopted by the Board of Health
of the Borough of Dumont as Article I of the Board of Health Sanitary
Code (Appendix A, Article 1, of the 1970 Revised Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Establishment of Board of Health — See Ch. 41.
As used in Part III of the Code of the Borough
of Dumont, the following words and phrases herein defined shall also
include their usual and natural meanings, as well as those herein
especially given:
Includes every house, building or every portion thereof,
which is rented, leased, let or hired out to be occupied or is occupied
as the house, home, or residence of more than three families living
independently of one another upon the premises, or by more than three
families upon a floor, so living but having a common right to the
halls, stairways, yards, or some of them.
The Dumont Board of Health.
Includes every basement or lower story of any building or
house of which 1/2 or more of the height from the floor to the ceiling
is below the level of the grade adjoining.
Natural soil, earth and stone.
Includes every accumulation of animal or vegetable matter
or both, solid or liquid, paper, cardboard, wood or other material
that attends the preparation, decay, dealing in or storage of meats,
fish, fowl, birds, fruit or vegetables.
The health officer appointed in accordance with N.J.S.A.
26:3-19 by the Board of Health as its agent, for the enforcement of
all ordinances or regulations of this Board relating to health matters
and the enforcement of health statutes of the State of New Jersey.
The official instrument of the state for codification of
its rules.
That body of statutory law containing revisions of the Revised
Statutes of New Jersey and known as the New Jersey Statutes, as amended
and supplemented. See also "Revised Statutes," infra.
The permission in writing of this Board, issued according
to its rules and regulations and its ordinances.
Includes corporations, companies, societies, firms, partnerships,
associations, organizations and any other group or entity acting as
a unit, as well as an individual.
Includes parks and open spaces thereto adjacent and also
public yards, grounds and areas, and also open spaces between buildings
and streets, and also all manner of buildings which the public has
access to and where people congregate, including churches, theaters,
moving picture houses, stations, depots and other places of like types.
Includes special regulations issued from time to time and
containing more detailed provisions than can be set forth herewith.
That body of statutory law known as the Revised Statutes
of New Jersey (1937) containing the general and permanent laws of
the state adopted on December 20, 1937, as amended and supplemented.
Includes all the loose and decayed material and dirt-like
substance that tends to decay, or which accumulates, from building,
storing, cleaning, or demolition.
Includes streets, avenues, sidewalks, gutters, places and
public alleys.
A.Â
The Board of Health is authorized to appoint and shall
appoint such subordinate officers and agents thereof as boards of
health are authorized under the Revised Statutes of the State of New
Jersey and the State Sanitary Code.
B.Â
All officers and agents thereof shall, by virtue of
their respective appointments, and not inconsistent with their respective
licenses held by them, be invested with the power and authority to make the inspections and examinations
required by any health law of this state and those made by the local
Board of Health, or required by any code, ordinance, regulation or
order of this Board. All persons are prohibited from interfering with
or obstructing such inspection, examination or execution of said code,
ordinance, regulation or order of this Board.
C.Â
Whenever any health law of this state or any code,
ordinance or regulation of this Board shall provide that a notice
or notification shall be given by the Board of Health to any person
or persons violating the provisions of said law, code, ordinance or
regulation, the health officer of the Board of Health shall be invested
with the power and authority to give such notice in the absence of
other notice given by the Board of Health.
A.Â
There shall be appointed by the Board of Health a
suitable person to be registrar of vital statistics in and for the
Borough of Dumont, who shall serve for three years and until his successor
is appointed and qualified.
B.Â
In addition to the duties prescribed to be performed
by the statutes of this state, the registrar of vital statistics shall
perform such other duties as may from time to time be required of
him and report the same to the Board of Health at least once each
month.
C.Â
The registrar shall be appointed as Clerk of the Board
of Health with such term of office to run concurrently with that of
registrar.
There shall be annually appointed by the Board
of Health a person qualified as a registered nurse to perform the
duties of a public health nurse and such other duties as the Board
of Health officers shall assign.
A.Â
Whenever no specific penalty is provided in Part III
of the Code for the punishment of an act which is prohibited or which
is declared to be unlawful or an offense, or for the nonperformance
of an act which is required to be done, the violation of any such
provision shall be punished by a fine of not less than $2 or more
than $500; provided, however, that when the maximum penalty fixed
by an applicable state statute is less, by force of said statute or
by judicial construction, than any penalty fixed in Part III of the
Code, then the limitations of such state statute shall be applicable.
B.Â
A separate offense shall be deemed committed on each
day during or on which a violation of Part III of the Code occurs
or continues.
In any case where a provision of Part III, Board
of Health, of the Code of the Borough of Dumont is in
conflict with a provision of the New Jersey State Sanitary Code, the
provision of the State Sanitary Code shall prevail and govern; except,
however, that if any provision of Part III, Board of Health, of the
Code of the Borough of Dumont is more restrictive than a provision
of the New Jersey State Sanitary Code, then the more restrictive provision,
being the higher standard for the promotion and protection of the
health and safety of the inhabitants of the Town, shall prevail, govern,
and be enforced.
