[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.]
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:
- APARTMENT HOUSE
- 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.
- BOARD, THIS BOARD, SAID BOARD or BOARD OF HEALTH
- 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.
- HEALTH OFFICER
- 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.
- NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C.
- The official instrument of the state for codification of its rules.
- NEW JERSEY STATUTES or N.J.S.A.
- 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.
- PUBLIC PLACE
- 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.
- REVISED STATUTES or R. S.
- 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.
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.
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.
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.
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.
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.
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.
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.
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.