Town of Westfield, NJ General Provisions, Board of Health

Article I Adoption of Code by Board of Health

[Adopted 12-6-2004 by Ord. No. BOH2-2004; amended 12-1-2008 by Ord. No. BOH2-2008; 12-5-2011 by Ord. No. BOH2-2011; 8-3-2015 by Ord. Nos. BOH1-2015 and BOH2-2015]

Be it ordained by the Board of Health of the Town of Westfield, in the County of Union and State of New Jersey as follows:

§ BOH1-A Powers of Board.

The Board shall exercise its powers in accordance with N.J.S.A. 26:3-31 et seq. and Title 8 of the New Jersey Administrative Code, which are hereby incorporated by reference.

§ BOH1-1 Adoption of Code.

All the ordinances of the Board of Health of the Town of Westfield of a general and permanent nature, as codified, are ordained as general ordinances and are adopted as part of the Code of the Town of Westfield, County of Union, State of New Jersey.

§ BOH1-2 When effective.

All the provisions of that part of the Code of the Town of Westfield, County of Union, State of New Jersey, adopted by the Board of Health shall be in force and effect on and after the effective date of this article.

§ BOH1-3 Repeal of certain ordinances.

All ordinances of a general and permanent nature adopted by the Board of Health of the Town of Westfield prior to December 5, 2011, and contained in this Code of the Westfield Board of Health, Town of Westfield, County of Union, State of New Jersey, are hereby repealed from and after the effective date of this article, except as hereinafter provided in § BOH1-4; and excepting all ordinances adopted by the Board of Health or Town Council affecting Public Health or environmental policy not included in this revised Code of the Westfield Board of Health, Town of Westfield, County of Union, State of New Jersey.

§ BOH1-4 Exceptions to general repeal.

The repeal provided for in § BOH1-3 of this article shall not affect:

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this article.

Any prosecution, action, suit, or other proceeding pending or any judgment rendered on or prior to the effective date of this article.

Any provision of an ordinance or resolution of the Board of Health of the Town of Westfield creating employments, positions, or offices and fixing duties therefore which are not provided in the Code hereby adopted and which are not in conflict or inconsistent therewith.

§ BOH1-5 Copies of Code on file.

Sufficient copies of that part of the Code adopted by the Board of Health of the Town of Westfield, Union County, New Jersey, have been filed in the office of the Secretary of the Board of Health of the Town of Westfield and shall remain there for the use and examination of the public until final action is taken on this article.

§ BOH1-6 Additions and amendments to Code.

Any and all additions or amendments to said Code, when passed in such form as to indicate the intention of the Board of Health of the Town of Westfield to make the same a part hereof, shall be deemed to be incorporated in said Code so that reference to the Code of the Town of Westfield shall be understood and intended to include such additions and amendments.

§ BOH1-7 Availability of Code for public inspection.

One copy of that part of the Code adopted by the Board of Health of the Town of Westfield, Union County, New Jersey, shall be and remain on file in the office of the Secretary of the Board of Health of the Town of Westfield and made available to persons desiring to examine same if this article shall be adopted and while the same shall be in effect.

§ BOH1-8 Severability of Code provisions.

Every section of that part of the Code of the Town of Westfield adopted by the Board of Health and every part of each section is an independent section or part of a section, and the holding of any section or part thereof to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other section or part thereof.

§ BOH1-9 Severability of ordinance provisions.

Each section of the 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 section or part thereof.

§ BOH1-10 Effective date of this article.

This article shall take effect immediately after final adoption and publication according to law.

§ BOH1-11 Amendments, revisions, changes, and deletions adopted upon adoption of Code.

In compiling and preparing the ordinances of the Board of Health of the Town of Westfield for adoption and revision as part of the Code of the Town of Westfield, County of Union, State of New Jersey, pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Health of the Town of Westfield that all such changes be adopted as part of the Code of the Town of Westfield, County of Union, State of New Jersey, as if the ordinances so changed had been previously formally amended to read as such.

§ BOH1-12 Interfering with persons.

No person shall hinder, obstruct or interfere with anyone authorized or empowered to perform any duties under this code.

§ BOH1-13 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions under this code shall, upon conviction, be punished by a fine of not less than $50 nor more than $2,000, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.