[HISTORY: Adopted by the Board of Health
of the Township of East Hanover 9-1-1981 as Art. I of Board of Health Ord. No. 1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 10,
Art. IV.
Administration — See Ch. 167.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Township of East Hanover of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Articles I through XV, are hereby approved, adopted, ordained and enacted as the "Code of the Township of East Hanover, Part III,[1]" which, together with the ordinances of the Township Committee
adopted as the "Code of the Township of East Hanover, Parts I and
II," and an Appendix, shall hereafter be known and referred to as
the "Code."
[1]
Editor's Note: Part III of the Code of the Township of East Hanover was adopted by the Board of Health on 9-1-1981 as Article I through XV and Appendix A of Board of Health Ord. No. 1-1981. The articles have been redesignated as Chapters 164 through 210, together with Appendix A, for purposes of codification.
This article 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 article and the Code
shall be in full force and effect on and after October 1, 1981.
A copy of the Code in a loose-leaf form has
been filed in the office of the Health Officer and shall remain there
for use and examination by the public until final action is taken
on this Article; and, if this Article 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 Health Officer, to be made available
to persons desiring to examine the same during all times while the
said Code is in effect.
The Health Officer, pursuant to law, shall cause
to be published, in the manner required, a copy of this adopting Article
in the newspaper of general circulation in the township. Sufficient
copies of the Code shall be maintained in the office of the Health
Officer for inspection by the public at all times during regular office
hours. The enactment and application of this adopting Article, 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.
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 Township of East Hanover" 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 the said Code, as amendments and supplements
thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 164-13A and/or prior to the date of adoption of this article are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Health Officer or
someone authorized and directed by him to keep up-to-date the certified
copy of the book containing the Code required to be filed in his 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 a,s 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 article shall be subject, upon conviction, to the penalties provided in § 164-14 of this article.
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 article 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 article and not contained in the Code are hereby repealed
as of the effective date of this adopting article, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 164-12 of this article 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 September 1, 1981.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
Article, 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 Article in violation of any legislative provision, or
any penalty, punishment or forfeiture which may result there from.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this Article 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 employment, positions or offices and fixing
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 or personnel policies.
A.
Unless a specific penalty is provided elsewhere in
Part III of this Code, in state law or in other ordinances of the
Board of Health for a particular violation, any person, firm or corporation
who shall violate any provision of Part III of this Code or any code
or other regulation adopted by reference therein or any order promulgated
under such provision, code or regulation, by doing any act prohibited
or declared to be unlawful or a violation thereby, or shall engage
in or exercise any business or occupation or do anything for which
a license or permit is required thereby without having a license or
permit therefor as required or who shall fail to do any act required
by any such provision or when such provision declares such failure
to be unlawful or a violation shall, upon conviction thereof, be punishable
by a fine of not less than $100 nor more than $1,000 for each violation.
[Amended 10-15-1990 by Board of Health Ord. No.
3-1990; 9-18-1995 by Board of Health Ord. No. 3-1995]
B.
The continuation of such violations for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
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.
B.
Deletions, amendments and additions. The following
changes in the form of deletions, revisions or additions to the original
ordinances have been made in the preparation of this revision and
codification (Section number references are to the sections of the
ordinances as they have been renumbered and appear in the Code):
(2)
Chapter 173, Animals, is amended as follows:
(3)
Chapter 204, Sewage Disposal Systems, Individual, is amended as follows:
(a)
Section 204-12 is amended to delete specific fees and to refer to Appendix A, Fee Schedule, for the fees.
