Borough of Florham Park, NJ
chevron_right
2023-12-14
info
chevron_right
Part III: Board of Health Legislation
chevron_right
Chapter 265 Sanitation
chevron_right
Article X Penalties
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Administration of Government
- Ch 4 Administrator, Borough
- Ch 6 Municipal Housing Liaison
- Ch 8 Assessor, Tax
- Ch 11 Chief Financial Officer
- Ch 12 Claims, Payment of
- Ch 16 Court, Municipal
- Ch 19 Defender, Public
- Ch 20 Defense and Indemnification
- Ch 25 Fire Department
- Ch 29 Health, Board of
- Ch 31 Historic Preservation Commission
- Ch 32 Environmental Commission
- Ch 34 Length of Service Awards Program
- Ch 35 Mutual Aid Agreements
- Ch 38 Personnel
- Ch 42 Planning Board
- Ch 46 Police Department
- Ch 47 Public Records
- Ch 48 Public Works, Director of
- Ch 50 Recreation Department
- Ch 52 Retirement
- Ch 54 Salaries and Compensation
- Ch 56 Self-Funded Health Plan
- Ch 58 (Reserved)
- Ch 60 Town Center Task Force
- Ch 62 Zoning Board of Adjustment
- Part II: General Legislation
- Ch 68 Alarm Systems
- Ch 72 Alcoholic Beverages
- Ch 77 Amusement and Recreation Facilities
- Ch 80 Amusement Devices
- Ch 81 Athletic Code of Conduct
- Ch 82 Background Checks
- Ch 85 Bingo
- Ch 90 Buildings, Moving of
- Ch 94 Buildings, Unfit
- Ch 95 Cannabis Businesses
- Ch 96 Cats
- Ch 98 Checks, Fraudulent
- Ch 103 Construction Codes, Uniform
- Ch 105 (Reserved)
- Ch 108 Dogs
- Ch 113 Drainage Facilities
- Ch 115 Drug-Free Zones
- Ch 117 Exhibitions, Shows and Carnivals
- Ch 117A False 9-1-1 Calls
- Ch 118 Fertilizer Application
- Ch 120 Filming
- Ch 122 Firearms
- Ch 125 Fire Hydrants
- Ch 131 Fire Lanes
- Ch 134 Firesafety
- Ch 137 Fires, Outdoor
- Ch 140 Garage Sales
- Ch 142 Garbage, Rubbish and Refuse
- Ch 144 Hazardous or Toxic Substance Discharge
- Ch 145 Insurance
- Ch 146 Illicit Connections
- Ch 147 Lead Service Lines
- Ch 148 Licensing and Business Regulations
- Ch 150 (Reserved)
- Ch 152 Mechanical Systems
- Ch 155 Noise
- Ch 159 Nuisances
- Ch 163 (Reserved)
- Ch 166 Open Space and Recreation Land Acquisition
- Ch 167 Parking Lots
- Ch 171 Parks and Playgrounds
- Ch 175 Peace and Good Order
- Ch 176 Public Utility Poles and Facilities
- Ch 179 Solicitation, Canvassing and Sales
- Ch 184 Poolrooms and Billiard Parlors
- Ch 188 Property Maintenance
- Ch 189 Public Property
- Ch 189A Races
- Ch 190 Raffles
- Ch 191 Retail Establishments
- Ch 192 Riparian Zones
- Ch 193 Sewers
- Ch 199 Signs
- Ch 203 Soil Removal
- Ch 207 Storm Sewers
- Ch 208 Streets and Sidewalks
- Ch 212 Subdivision and Site Plan Review
- Ch 213 Stormwater Control
- Ch 214 Private Storm Drain Inlet Retrofitting
- Ch 215 Flood Damage Prevention
- Ch 216 Swimming Pools
- Ch 217 Privately Owned Salt Storage
- Ch 220 Taxation
- Ch 224 Taxicabs and Limousines
- Ch 227 Telecommunications Antennas, Cellular (Wireless)
- Ch 227A Telecommunication Facilities in Public Rights-Of-Way
- Ch 228 Towing/Wrecker Operators
- Ch 229 Trees
- Ch 235 Vehicles, Abandoned
- Ch 238 Vehicles and Traffic
- Ch 244 Water
- Ch 250 Zoning
- Part III: Board of Health Legislation
- Ch 253 General Provisions, Board of Health
- Ch 258 Emergency Fuel Oil and Furnace Repair
- Ch 259 Retail Food Establishments and Food and Beverage Machines
- Ch 260 (Reserved)
- Ch 261 Feeding of Wildlife and Waterfowl
- Ch 262 Feeding of and Playing With Stray Dogs and Cats
- Ch 263 Hancock Cemetery
- Ch 265 Sanitation
- Ch 265 Art X Penalties
- § 265-57 Violations and penalties.
- § 265-58 Recovery.
- § 265-59 Disposition of recovered penalties.
- § 265-60 Order to abate.
- § 265-61 Order to dispose of unfit food.
- Ch 269 Sewage Disposal Systems
- Ch 274 Vending Machines
- Ch 278 Water Supply Systems
- Disposition List
- Ch DL Disposition List
A.
Penalties for violating or refusing or neglecting to
comply with any of the provisions of this chapter, unless otherwise specifically
provided herein or specifically provided by state law or specifically provided
under the State Sanitary Code, shall be, upon conviction, not more than $1,250
nor less than $200, in the discretion of the Municipal Judge before whom the
complaint is made; and for the second and each subsequent offense within the
space of six months, the penalty shall be imposed in accordance with N.J.S.A.
26:3-78.
[Amended 6-18-2002 by Ord. No. 11-02]
B.
After notification has been given that a violation of
this chapter has taken place or exists, each day that such violation shall
continue or refusal or neglect to comply with the provisions of this chapter
shall persist shall be considered a separate offense with a like penalty therefor.
All penalties may be sued for and be recovered by and in the name of
the Board of Health in the manner prescribed and in accordance with the applicable
procedure detailed in Chapter 17 of Title 24 of the Revised Statutes of New
Jersey, as amended and supplemented, or Chapter 3 of Title 26 of the Revised
Statutes of New Jersey, as amended and supplemented.
All penalties recovered in any prosecution for a violation of this chapter
shall be collected by the Board and delivered to the Chief Financial Officer
of the Borough or may be made payable to the Chief Financial Officer by order
of any court imposing such penalty.
Whenever any person shall violate any provision of this chapter or of
the State Sanitary Code of the state or any other state law or regulation
which the Board is required to enforce, the Board, in its discretion and within
its power, instead of immediately prosecuting such person for such violation,
may direct an order to such person commanding him to discontinue or abate
such violation within such reasonable time as may be fixed by the Board and
stated in the order. Such order shall be in writing and served personally
or by registered mail, and the person receiving such order shall have the
right to be heard either in person or by attorney. The granting of a hearing
is not intended to waive any right of the Board to demand penalties for infractions
nor to delay the Health Officer in requiring immediate compliance with any
provision of this chapter.
In instances where the Health Officer finds food of any kind on sale
or display in a condition or of a quality which he deems unfit for human consumption,
he may order the owner to cease immediately its continued sale or display
and forthwith to dispose of such food or foodstuffs in a manner provided by
law as he may specifically direct. Neither the Health Officer nor the Board
shall be liable for the value of any food or foodstuffs that shall have been
thus condemned and ordered destroyed; and the person responsible for having
sold or offered for sale such unfit food or foodstuffs shall be held, at the
discretion of the Board, for such legal action as is provided under this chapter.
