[Adopted 2-21-2017 by Ord. No. 6-2017; amended in its entirety 11-20-2017 by Ord. No. 29-2017]
There shall be in and for the Town of Boonton a Board of Health, in accordance with "An Act to establish in this State Boards of Health and a Bureau of Vital Statistics and to define their respective powers and duties," approved March 31, 1887, and the acts supplementary thereto and amendatory thereof.
Editor's Note: See N.J.S.A. 26:3-1 et seq.
[Amended 2-5-2018 by Ord. No. 2-2018]
Said Board of Health shall consist of five members and two alternate members to be appointed by the Mayor and Board of Aldermen of the Town of Boonton pursuant to N.J.S.A. 26:3-3. All members must be residents of the Town, except that upon the consent of the prospective appointee, the governing body may appoint a school nurse or the municipal physician to the local board, notwithstanding that the nurse or physician is not a resident of the Town.
No member of the Board of Health may act on any matter in which he/she has either directly or indirectly any personal or financial interest.
Category 1, three members: two-year initial terms following appointment; and Category 2, two members: one-year initial terms following appointment.
The Mayor and Board of Aldermen may appoint as a member one member of the governing body who shall also act as a liaison.
After the initial terms, each member newly appointed or reappointed will serve a two-year term.
All members of the Board of Health shall hold said office for the terms indicated above, except in the case of vacancies. Members appointed to fill a vacancy caused otherwise than by the expiration of the term of office shall fill the vacancy for the unexpired term only.
Alternate 1, one member: two-year initial term following appointment; and Alternate 2, one member: one-year initial term following appointment.
After the initial terms, each alternate member newly appointed or reappointed will serve a two-year term. Alternate members appointed to fill a vacancy caused otherwise than by the expiration of the term of office shall fill the vacancy for the unexpired term only.
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest.
An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate 1 shall vote first.
Alternate members, in order of their seniority, shall be the expected Board of Health replacement(s), should a Board of Health member vacate his/her appointed position on the Board of Health.
Said Board of Health shall appoint a Registrar of Vital Statistics and Clerk, and it may also appoint such officers or assistants as said Board of Health may deem necessary. All appointees of said Board of Health shall be governed by the rules of said Board, and they may be removed for cause by said Board. The police officers of the Town of Boonton shall promptly report to the Board of Health every violation of the health ordinances of the Town of Boonton which may come within their observation or knowledge.
There shall be a President of the Board of Health, who shall preside at all its meetings. The President shall be appointed by the Board of Health from among its members for a term of one year.
There shall be a Vice President of the Board of Health, who shall preside at meetings in the absence of the President. The Vice President shall be appointed by the Board of Health from among its members for a term of one year.
There shall be a Secretary of the Board of Health, who shall record all proceedings of regular and special meetings of the Board of Health. The Secretary shall be appointed by the Board of Health from among its members for a term of one year.
There shall be a Health Officer of the Board of Health, who shall be responsible to the Board of Health. The Health Officer shall hold all necessary licenses. The Health Officer shall, subject to the superior authority of the Board, be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the State of New Jersey.
The Board may employ such other personnel as it deems necessary, including technicians, inspectors and others necessary to carry out the powers vested in the Board by law and by this chapter. All such personnel shall be appropriately licensed, where required.
The President shall be the Chief Executive Officer of the Board; he/she shall preside at all meetings of the Board and shall appoint all committees and have all such other powers as may, by law or by the provisions of this chapter, be vested in him/her. During the intervals between regular meetings, the President shall represent the Board in all executive and judicial matters, and he/she shall have the power and duty to appoint at the annual meeting or immediately thereafter, with the advice and consent of the Board, officers and committees as may from time to time be required to be appointed and provision for whose appointment is not otherwise made in this chapter or subsequent legislation by the Board or by statute.
The Secretary shall keep the minutes of all the proceedings of the Board, conduct all the official correspondence of the Board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local, state or national, and make such other reports as may be required or directed by the Board. He shall procure all books, stationery and other supplies as may be required by the Board and shall keep a record of all applications for licenses or permits, the date of applications and the action of the Board, if any, thereon and all such other pertinent information as may be necessary for a complete record of each such application.
The Registrar of Vital Statistics shall keep all such records of that office as required by the Bureau of Vital Statistics of the State of New Jersey, and he shall perform such other duties as may be required.
The Health Officer and Registrar of Vital Statistics shall each make a written report monthly to the Board. All of the above-named appointees shall perform such duties as may be directed by the Statutes of the State of New Jersey, the provisions of this Code or as they may from time to time be directed by the Board.
Officers and employees of the Board of Health, by virtue of their respective appointments, shall be vested with the power and authority to make any and all inspections or examinations under the statutes of this state required to be made by local Boards of Health or required by any code, ordinance, regulation or order of the Board. They shall report to the Health Officer any violations occurring in the interim between meetings of the Board, and all persons are hereby forbidden to interfere with or obstruct such inspections or examinations.
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this chapter:
Power to prevent the sale of food. The Health Officer may prohibit the importation into the Town or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
Power to seize and destroy unwholesome food. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
Inspection of premises. Agents, employees and designees of the Board of Health shall have the right to inspect any premises in the Town if they have reason to believe that any provision of this chapter is being violated or as part of a regular program of inspection.
Search warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Health Officer or his designee may apply to the Municipal Judge for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
Notice to abate nuisance.
Whenever anything declared by the Town Code or the Board of Health Regulations to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the Town, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified, not less than five days from the date of service in the notice.
Whenever anything declared by the Town Code or Board of Health Regulations to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the Board of Health or its agents, employees or designee may remove or abate such nuisance or condition in the manner provided for a like condition existing on private premises.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
Recovery of costs.
Whenever any costs are incurred by the Town as a result of the Board of Health, its agents, employees or designee abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs may be recovered in the following manner:
In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located.
Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this section.
The Board of Health may by resolution make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation shall be inconsistent with, alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter.
Minutes of each meeting shall be kept in accordance with the Open Public Meetings Act.
The Secretary to the Board of Health shall ensure that a copy of each meeting's minutes are provided to the Town Clerk within two weeks of the meeting.
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the Town shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Town or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S.A. 26:3-77 and 26:3-78.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
Collection of fees and penalties. All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Chief Financial Officer of the Town.
The Board of Health shall have the power to adopt ordinances and codes as provided in N.J.S.A. § 26:3-64 et seq.
Said Board of Health shall not contract any debts of any kind beyond the amount of the appropriation first made for its use by the Mayor and Board of Aldermen.