[HISTORY: Adopted by the Board of Health of the Borough of
Westwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-9-2011 by BOH Ord. No. 11-01]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Westwood of a general and permanent nature adopted by the Board of Health of the Borough of Westwood, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 381 through 418, are hereby approved, adopted, ordained and enacted as Part III of the Code of the Borough of Westwood, hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede Part III of the
1974 Code of the Borough of Westwood (as republished in 1982) and
all other general and permanent ordinances enacted by the Board of
Health prior to the enactment of Part III of this Code, except such
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 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 Board of Health Secretary of the Borough of
Westwood by impressing thereon the Seal of the Borough, as provided
by law, and such certified copy shall remain on file in the office
of the Board of Health Secretary 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 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 Westwood" 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 of the Borough of Westwood
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 Board
of Health Secretary 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 Board of Health Secretary or someone
authorized and directed by the Board of Health Secretary 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 Board of Health Secretary, or an authorized agent
of the Board of Health Secretary, upon the payment of a fee authorized
by the Borough. The Board of Health Secretary 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 the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Borough of Westwood 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 $50 nor more than $1,000,
in the discretion of the Judge imposing the same.
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 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.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to 8-18-2004.
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 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.
A.
In compiling and preparing the 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 Board
of Health 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
Schedule A which is available from the Board of Health, the Borough
Clerk and found on the Borough website, www.westwoodnj.gov, are made
herewith, to become effective upon the effective date of this ordinance.
(Chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 381-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 381, General Provisions, Board of Health, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-9-2011 by BOH Ord. No. 11-01." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
