[HISTORY: Adopted by the Board of Health of the Borough of
Kenilworth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-15-2018]
Pursuant to N.J.S.A. 40:49-4, the Board of Health ordinances of the Borough of Kenilworth of a general and permanent nature adopted by the Board of Health of the Borough of Kenilworth, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 199 through 214, are hereby approved, adopted, ordained and enacted as "Part III of the Code of the Borough of Kenilworth," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent Board of Health ordinances enacted prior to the enactment
of this Code, except such Board of Health ordinances as are hereinafter
expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Code in loose-leaf form has been filed in the
office of the Borough Clerk and/or the Board of Health Secretary 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 to by the Secretary of the Board
of Health of the Borough of Kenilworth, as provided by law, and such
certified copy shall remain on file in the office of the Board of
Health Secretary and/or Clerk of the Borough, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, amendments or supplements to Part III
of 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 Part III of such Code so that reference
to the "Code of the Borough of Kenilworth" 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 or the Clerk of the Borough
of Kenilworth, pursuant to law, shall cause this Adopting Ordinance
to be published, in the manner required, in a newspaper of general
circulation in the Borough. Sufficient copies of the Code shall be
maintained in the office of the Secretary or Clerk 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 of the Board of Health
or the Clerk of the Borough of Kenilworth, or someone authorized and
directed by the Secretary or Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
her 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.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk of the Borough of Kenilworth, or an authorized
agent of the Clerk, upon the payment of a fee authorized by the Borough.
The Clerk shall also arrange for procedures for the periodic supplementation
of the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of Part III 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 of the Borough of
Kenilworth to be misrepresented thereby. Anyone violating this section
or any part of this ordinance shall be subject, upon conviction, to
a fine of not less than $5 nor more than $500.
Each section of Part III 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 sections 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 sections or parts thereof.
A.
Except as provided in § 199-13, Ordinances saved from repeal, below, all Board of Health ordinances or parts of ordinances inconsistent with the provisions contained in Part III of the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Board of Health of the Borough of Kenilworth which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of Part III of this Code and the repeal of ordinances provided for in § 199-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any Board of Health ordinance adopted subsequent to June 16, 2017.
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 of the Board
of Health 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 of the Board of Health.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Board of Health.
A.
In compiling and preparing the Board of Health ordinances 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.
B.
In addition, the changes, amendments or revisions as set forth in
Board of Health Schedule A attached hereto and made a part hereof
are made herewith, to become effective upon the effective date of
this ordinance. (Chapter and section number references are to the
Board of Health ordinances as they have been renumbered and appear
in the Code.)[1]
[1]
Editor's Note: Board of Health Schedule A is on file
in the Borough offices.
