[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 2-22-2012 by Ord.
No. 2012-03.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 208 but was renumbered to maintain the organizational structure
of the Code.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application. The definitions set forth in N.J.S.A. 45:11-55 (definitions
relative to practice of massage and bodywork therapies) are hereby
incorporated and set forth herein.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
No person shall operate any establishment or utilize any premises
in the Borough of Kenilworth for services related to massage and bodywork
therapies or massage and bodywork without first registering with the
Borough of Kenilworth for such establishment. Any applicant must include
a copy of a current and valid registration as required by N.J.S.A.
45:11-76 (registration required for advertising as a massage or bodywork
therapist) issued by the New Jersey Board of Massage and Bodywork
Therapy and full disclosure of any actions or proceedings against
the applicant under N.J.S.A. 45:11-77 (suspension or revocation of
registration).
No establishment may operate without receiving written approval
from the Health Officer of the Borough of Kenilworth indicating that
the establishment is sanitary and hygienic for its proposed purpose.
The Health Officer shall conduct at least one inspection each year
and may conduct periodic inspections at his/her discretion during
regular business hours to ensure that an establishment maintains adequate
sanitary and hygienic conditions throughout the interim periods.
No person shall render or perform services related to massage
and bodywork therapies or massage and bodywork without complying with
the provisions set forth in N.J.S.A. 45:11-54 et seq. (Massage and
Bodywork Therapist Licensing Act) and providing an annual copy of
said license to the Borough Clerk of Kenilworth prior to rendering
or performing said services at the establishment.
A.
Any person who is found to be operating in violation of the provisions
of this chapter shall be subject to the following fines:
(1)
A first offense shall carry a fine of $500.
(2)
A second offense occurring within six months of a first offense shall
carry a fine of $1,000.
(3)
A third offense occurring within six months of a second offense shall
carry a fine of $2,000 and the violator and/or their principal shall
be incarcerated no more than 30 days.
B.
Any person, firm, corporation, or type or form of business which
has received notice of unsanitary or unhygienic conditions shall be
subject to the following penalties and conditions:
(1)
If the violations set forth in the notice are not cured within three
business days of its receipt, commencing on the first business day
after receipt of the notice, a first offense shall carry a fine of
$500.
(2)
If a second notice under this provision is issued with six months
of the first notice and the violations are not cured within three
business days of its receipt, commencing on the first business day
after receipt of the notice, a second offense shall carry a fine of
$1,000.
(3)
If a third notice under this provision is issued with six months
of the second notice and the violations are not cured within three
business days of its receipt, commencing on the first business day
after receipt of the notice, a third offense shall carry a fine of
$2,000, and all business activity related to this chapter conducted
by that person shall cease for a period of one year.
(4)
An establishment shall cease all business operations in the event
of any unsanitary or unhygienic violations unless otherwise provided
for within this provision.
(5)
In the event that any establishment cures any violation in accordance
with the prior subsections of this provision, the Health Officer shall
reinspect the establishment within two business days of receiving
notice from the establishment and the establishment remitting an inspection
fee of $250 to the Borough Clerk of Kenilworth. In the event that
the Health Officer fails to timely inspect an establishment, the establishment
may resume its normal business operations. In no event may an establishment
provide notice later than the aforementioned three-business-day period.
(6)
A person may file for an appeal from any violation issued by the
Health Officer with the Board of Health of the Borough of Kenilworth
within the aforementioned three-business-day period. In the event
of an appeal, an establishment may resume normal business activities
after addressing the violations unless the Health Officer has declared
an imminent danger of a communicable disease.
Each section, subsection, sentence, clause and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this chapter.
