[HISTORY: Adopted by the Board of Health as indicated in article histories. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Board of Health of the Borough of Netcong of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 91 through 109, are hereby approved, adopted, ordained and enacted as "Part III, Board of Health Legislation, of the Code of the Borough of Netcong," hereinafter known and referred to as the "Code."
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 August 24, 1972.
A copy of the Code in loose-leaf form has been filed in the office of the Secretary of the Board of Health and shall remain there for the use and examination of the public until final action is taken on this article; and, if this article shall be adopted, such copy shall be certified to as provided by law, and such certified copy shall remain on file in the office of the Secretary of the Board of Health 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 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 Borough of Netcong" 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, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the borough. Sufficient copies of the Code shall be maintained in the office of the Secretary for inspection by the public at all times during regular office hours. The enactment and application 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, 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 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.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof, or to alter or tamper which 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 a fine of not less than $5 nor more than $500.
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 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 part 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 part 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 ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-25 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.
Any ordinance of the Board of Health adopted subsequent to February 8, 1972.
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.
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 therefrom.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
Any provisions of an ordinance or resolution of the Board of Health creating employments, 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.
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 has been previously formally amended to read as such.
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.)
Penalties are revised to provide for a maximum fine of $500 in the following sections: Chapter 97, Health Nuisances, Public, § 97-4; Chapter 102, Plumbing, § 102-6; Chapter 106, Sewage Disposal Systems, Individual, § 106-10A; Chapter 109, Solid Waste Disposal, § 109-5.
In Chapter 102, Plumbing:
Sections 102-2, 102-3 and 102-6 are amended to change reference from the "Plumbing Code of New Jersey (1953)" to the "Plumbing Code of New Jersey (Revised 1964)."
Sections 102-5C and 102-5D are amended to revise the fees for filing plans for plumbing work, for issuance of a permit and for installation of additional fixtures over three.
In Chapter 106, Sewage Disposal Systems, Individual:
Sections 106-2, 106-3 and 106-10A are amended to change reference from the "Individual Sewage Disposal System Code of New Jersey (1953)" to "Individual Sewage Disposal System Code of New Jersey (1963)."
Section 106-3 is amended to delete references to "Secretary" and "or other similar officer."
In Chapter 102, Plumbing, a new § 102-4, Amendment of code, is added as follows:
[Adopted 9-11-2000 by Ord. No. 2000-17]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Netcong of a general and permanent nature adopted by the Mayor and Council of the Borough of Netcong on July 11, 1972, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and as renumbered to consist of Chapters 281 through 307, together with an Appendix, are hereby approved, adopted, ordained and enacted as "Part III of the Code of the Borough of Netcong," hereinafter known and referred to as the "Code."
The following changes are hereby adopted as part of the process of republication:
References to New Jersey State statutes are hereby revised to cite the current provisions.