[Adopted 11-10-2003 by Ord. No. 2003-02 as Ch. 18 of the 2003 Revised
Health Code]
NOTE: See N.J.S.A. 26:3-70 et seq., entitled "Article 5, Penalties for Violations of Health Ordinance or Code; Recovery," for jurisdiction of the Municipal Court and powers of the Board of Health to prescribe penalties.
[Amended 4-15-2009 by Ord. No. 09-06]
Except as otherwise provided in this code, any person who shall:
do or commit any act prohibited by the terms of this code; or do or
commit any act for which a license or permit is required, without
having secured and being in possession of a valid license or permit
at the time of the doing or commission thereof; or omit to do or perform
any act required by that person to be so done or performed by this
code; or maintain any place, establishment, vehicle, conveyance, equipment
or article in violation of any of the provisions of this code; or
violate any of the provisions of any of the several chapters or sections
of this code; or fail to maintain any condition, equipment or facility
required by this code to be maintained; or fail to install any article
of a particular type, kind, quality or specification where such installation
is required by this code; or in any manner, by deed, act, act of commission,
or act of omission, violate any one or more of the provisions of this
code or of applicable state statutes, codes or regulations; shall,
upon conviction thereof, or upon conviction of any violation of the
provisions thereof, be subject to a penalty of not more than $500
and not less than $60.
Each day that a violation of this code or of any of the applicable state statutes, codes or regulations is allowed to exist shall constitute a separate violation or offense and shall be subject to the penalty as prescribed in § 450-13 of this article.
In the event that any violation of this code shall also be a
violation of a New Jersey State law, for which a greater penalty or
judgment is provided than that contained in this code, the judge of
the Englewood Municipal Court or the trial judge before whom any complaint
is brought, based upon such violation, shall in his or her discretion,
have the right to impose, in the place and in lieu of any penalty
provided for herein, that so provided for in the New Jersey State
law which has been so violated.
If any penalty herein provided shall exceed or be greater than
that provided by any law of the State of New Jersey for the violation
of which such penalty is imposed herein, the maximum penalty for such
violation shall be the maximum permitted by such law of the State
of New Jersey as may be applicable thereto.
Every act or omission designated as being unlawful in this code
or applicable state statutes, codes or regulations is hereby prohibited
and every act therein expressly prohibited is hereby designated as
being unlawful.
