[Adopted 11-10-2003 by Ord. No. 2003-02 as Ch. 1 of the 2003 Revised Health
Code]
This article and all ordinances supplementary hereto and amendatory
hereof may be cited as the "Health Code" or the "Health Code of the
City of Englewood (2017)."
In case of conflict with any provision of the State Sanitary
Code or any other state or federal law or regulation, the more restrictive
provision shall prevail. The higher standard shall be enforced in
order to promote and protect the health and safety of the inhabitants
of the City of Englewood.
In the construction of this code, or any amendments hereof or
any supplements hereto, words and phrases shall be read and construed:
A.
Within their context and, unless inconsistent with the manifest intent
of the Board, as expressed herein.
B.
Unless another or different meaning is expressly indicated, such
words or phrases shall be given the meaning expressed herein, or if
no such meaning be given, their generally accepted meaning, according
to the approved usage of the language, shall be applied.
C.
Technical, trade or commercial words and phrases, and words and phrases
having a special or accepted meaning in the law, shall be construed
in accordance with such technical, trade, commercial or special and
accepted meaning.
D.
Unless otherwise indicated by the context, the definition herein
contained shall apply to the terms used in the other definitions.
E.
Unless otherwise indicated by the context, the singular shall include
the plural and one gender shall include the other gender.
In addition to the definitions included in some of the following
chapters of this code, the following definitions shall apply in the
interpretation and enforcement of this code:
The Board of Health of the City of Englewood, New Jersey.
The City of Englewood, New Jersey.
The thorough removal of contaminating material or materials.
The Health Code of the City of Englewood, unless some other
code is expressly indicated.
The Department of Health of the City of Englewood, New Jersey.
Includes any article used for food or beverage for people
or animals, and every ingredient therein, including without limitation
all confectionery, condiments, flavorings, and other components of
any such article.
The accumulation of animal or vegetable matter, or both,
liquid or otherwise that tends to decay.
A duly authorized license or permit granted by the Board
and issued in accordance with this code, the regulations of the Board
of applicable state statutes or regulations.
One of the persons who shall constitute the Board of Health
of the City of Englewood.
Any condition which is dangerous to human life or health or which renders air, water, soil, or any type of food hazardous or injurious to human life or health, including but not limited to those things enumerated in Chapter 505, Nuisances, of this Code.
Any person, association, partnership, trust, or corporation,
or any one or more of them, or any combination of any of them.
A place which is visited by many persons and is usually accessible
to the neighboring public and in which the public has an interest
as affecting the safety, health, morals and welfare of the community.
Any fixed or mobile restaurant; coffee shop; cafeteria; short-order
cafe; luncheonette; grill; tea room; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; nightclub; roadside stand; industrial
feeding establishment; private, public or nonprofit organization or
institution serving food; catering kitchen; commissary; box lunch
establishment; retail bakery; meat market; delicatessen; grocery store;
public food market, or similar place in which food or drink is prepared
for retail sale or for service on the premises or elsewhere; and any
other retail eating or drinking establishment or operation where food
is served, handled or provided for the public with or without charge;
except that agricultural markets, covered dish suppers or similar
type of church or nonprofit type institution meal service shall meet
the special provisions of N.J.A.C. 8:24, Sanitation in Retail Food
Establishments and Food and Beverage Vending Machines.
[Amended 10-18-2017 by Ord. No. 17-02]
Those rules and regulations prescribing or directing action
or forbearance which are required to be followed by this code.
The New Jersey State Department of Health.
The New Jersey State Sanitary Code promulgated by the New
Jersey State Department of Health which has the force and effect of
law and is enforceable by the State Department of Health, the local
boards of health, local police authorities, and other enforcement
agencies.
All references in the Health Code to chapters, articles or sections
are to chapters, articles or sections of the Health Code. Such references
to chapters or articles shall be construed to refer to all the sections
within the chapters or articles to which such references are made,
unless otherwise expressly provided.
In the construction of the Health Code or any part thereof,
no analysis of any chapter or part thereof, no cross-reference or
cross-reference note, no indication of a source by parenthetical material
after a section, no note, no footnote, and no section heading shall
be deemed to be part of the Health Code.
Whenever an ordinance that repeals an earlier ordinance or part
thereof is itself repealed, such repeal shall not revive the former
ordinance or part thereof, unless specific provision is made therefor.
In the event that any section, paragraph, subdivision, clause
or provision of this code shall be adjudged invalid by a court of
competent jurisdiction, such adjudication shall apply only to the
section, paragraph, subdivision, clause or provision so adjudged invalid,
and the remainder of this code shall be deemed valid, effective and
in full force and effect.
The Board may, from time to time, adopt such rules and regulations
as by law it is permitted, authorized or empowered to so adopt and
which shall, in its judgment, aid in the proper understanding and
general enforcement of this code.
The Board shall and may, from time to time, amend, supplement
or implement this code by other provisions amendatory thereof or supplementary
thereto.
The Board may from time to time, by general resolution, suspend
or declare inoperative any provisions of this code, which, in their
judgment, are not for the time being required for the protection of
the health of the residents of the City of Englewood.
Whenever the Health Officer determines that a retail food service
establishment or other public or private premises contains a health
hazard or is in violation of this code or of applicable state or federal
statutes, codes or rules to that a public health hazard is present
or a public health emergency may result, in addition to actual notice
of the hazard or violation to the owner or operator, the Health Officer
may post the premises with a notice to the public indicating the health
hazard or violation and the date. The posted notice shall not be removed
except by the Health Officer after an inspection has shown the hazard
has been eliminated or the violation removed.
