][Editor's Note: The general power to adopt health
ordinances is contained in N.J.S.A. 26:3-31. The penalties that may
be provided for a violation of health provisions are contained in
N.J.S.A. 26:3-69.1 et seq. In addition to the health regulations contained
in this chapter, the State Sanitary Code promulgated by the State
Public Health Council is by reason of N.J.S.A. 26:1A-9 enforceable
in every municipality in this State.
[New]
This Code shall be known and designated as "The Revised General
Ordinances of the Board of Health of the Borough of Rockleigh, 2009,"
or the "Rockleigh Health Code."
[New]
a.
In the construction of this Health Code or any amendments hereof
or any supplements hereto, words and phrases shall be read and construed:
1.
Within their context and, unless inconsistent with the manifest intent
of the Board, as expressed herein.
2.
Unless another or different meaning is expressly indicated, such
words or phrases shall be given the meanings expressed herein, or
if no such meaning is given, their generally accepted meaning, according
to the approved usage of the language, shall be applied.
3.
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.
4.
Unless otherwise indicated by the context, the definitions herein
contained shall apply to the terms used in other definitions.
5.
Unless otherwise indicated by the context, the singular shall include
the plural and one gender shall include the other genders.
b.
AGENT
BOARD
BOARD OF HEALTH
BOROUGH
CLEANING
CODE
DEPARTMENT
FOOD
GARBAGE
LICENSE
LICENSE OR PERMIT
MEMBER
NEW JERSEY STATUTES OR N.J.S.A.
NUISANCE
OFFICER OR OFFICIAL (and the title of an officer or official)
ORDINANCE
OWNER
PERMIT
PERSON
PUBLIC PLACE
RETAIL FOOD SERVICE ESTABLISHMENT
RULES AND REGULATIONS
SMALL ANIMALS
STATE DEPARTMENT
STATE HEALTH CODE
USE OF SHALL AND MAY
For the purpose of this Code, the following words and terms shall
mean:
Shall mean the authorized agent or authorized agents of the
Board of Health of the Borough of Rockleigh.
Shall mean the Board of Health of the Borough of Rockleigh,
New Jersey.
Shall mean the Board of Health of the Borough of Rockleigh,
or its official representative except where otherwise specified, when
the Board is not in session.
Shall mean the Borough of Rockleigh, County of Bergen, State
of New Jersey.
Shall mean the thorough removal of contaminating material
or materials.
Shall mean the Health Code of the Borough of Rockleigh unless
some other code is expressly indicated.
Shall mean the Department of Health of the Borough of Rockleigh,
New Jersey.
Shall mean and 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.
Shall mean the accumulation of animal or vegetable matter,
or both, liquid or otherwise, that tends to decay.
Shall mean a written authorization which may be granted by
the Board or its agent, upon payment of the required fee, permitting
the conduct of specified acts for the period stipulated and in strict
accordance with the provisions of this Code and the Sanitary Code
and laws of the State of New Jersey.
Shall mean a duly authorized license or permit granted by
the Board and issued in accordance with this Code, the regulations
of the Board or applicable State statutes or regulations.
Shall mean one of the persons who shall constitute the Board
of Health of the Borough of Rockleigh.
Shall mean the current body of statutory law of the State
of New Jersey which contains the general and permanent laws, as amended
and supplemented.
Shall mean 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.
Shall be construed as if the words "of the Board of Health
of the Borough of Rockleigh" followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted by the Board of Health and including this Revision, so long
as it is adopted by the procedure required for the adoption of an
ordinance and so long as it remains in force and effect pursuant to
law, and shall include amendments thereto.
Shall mean any sole owner, part owner, joint owner, tenant
in common, tenant in partnership, joint tenant, or tenant by the entirety
of the whole or of a part of a building or land.
Shall mean a temporary authorization to do a single act or
acts of short duration, but in all other respects shall be the same
as a license.
Shall mean any natural person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporations
or any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section and "he," "his," or "him," shall include persons of the female
gender.
Shall mean a place which is visited 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.
Shall mean any fixed or mobile restaurant; coffee shop, cafeteria;
short-order cafe; luncheonette; grill; tearoom; 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; or similar place in which
food or drink is prepared for a 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 types of church or nonprofit-type institution
meal services shall meet the special provisions of Chapter 24 of the
New Jersey State Sanitary Code.
Shall mean those rules and regulations prescribing or directing
action or forbearance which are required to be followed by this Health
Code.
Shall mean and includes cats, dogs, guinea pigs, rabbits,
domestic rodents or any other small animal kept or raised as pets
or for other noncommercial purposes; provided, however, that the term
"small animals" shall not apply if they total in the aggregate fewer
than three (3) of the same species, except for dogs or cats under
the age of six (6) months or other small animals young enough to require
the care of the mother animal.
Shall mean the New Jersey State Department of Health.
Shall mean the New Jersey State Sanitary Code, promulgated
by the New Jersey State Department of Health, which has the force
and effect of law and it is enforceable by the State Department of
Health, the local boards of health, local police authorities and other
enforcement agencies.
Shall is mandatory; may is permissive.
[New]
The provisions of Chapter 1 of the "Revised General Ordinances of the Borough of Rockleigh, 2009," in the County of Bergen concerning construction shall apply to all chapters adopted by the Board of Health.
[New]
If any section, paragraph, subparagraph, clause or provision
of this Health Code shall be adjudged invalid, illegal or unconstitutional,
such adjudication shall apply only to the specific chapter, section,
paragraph, subparagraph, clause or provisions so adjudged and the
remainder of the Health Code shall be deemed valid and effective.
[New]
[New]
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 Borough of Rockleigh.
[New]
All references in the Rockleigh Health Code to chapters, Articles
or sections are to chapters, Articles or sections of the Rockleigh
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.
[New]
In the construction of the Rockleigh Health Code or any part
thereof, no analysis of any section 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 Rockleigh Health Code.
a.
Violations of Board of Health Code. Any person violating any of the
provisions of any chapter of this Code or ordinance adopted by the
Board of Health of the Borough shall, upon conviction thereof, pay
a penalty of not less than five ($5.00) dollars, nor more than five
hundred ($500.00) dollars for each offense. Complaint shall be made
in the Municipal Court of the Borough or before such other judicial
officer having authority under the laws of the State of New Jersey.
In addition, the Court shall have the power to impose other penalties
provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78. (N.J.S.A. 26:3-70)
b.
For any and every violation of the provisions of this Health Code,
the owner, general agent or contractor of a building or premises where
such violation has been committed or shall exist and the lessee or
tenant of any part of a building or premises in which part such violation
has been committed or shall exist and every person who violates, commits,
takes part or assists in the violation of this Health Code shall,
upon conviction, be liable for the penalty stated above. (N.J.S.A.
26:3-70)
c.
Violations of the State Sanitary Code. Each violation of any provision
of the State Sanitary Code shall constitute a separate offense and
shall be punishable by a penalty of not less than fifty ($50.00) dollars
nor more than one thousand ($1,000.00) dollars. (N.J.S.A. 26:1A-10)
[New]
[New]
Pursuant to N.J.S.A. 2A:58-1 et seq., the Penalty Enforcement
Law, all fees and penalties collected under any provision of any chapter
adopted by the Board of Health shall be paid to the Board of Health
of the Borough of Rockleigh.
[New]
The Judge of the Municipal Court may cause a defendant who refuses
or neglects to pay the amount of a judgment rendered against him and
all costs and charges incident thereto to be committed in the County
Jail for a period not exceeding ninety (90) days.
[New]
In case a defendant shall have been twice convicted, within
the space of six (6) months, of the violation of the same ordinance,
or the same provisions of this Code, and due proof of such fact is
made, the Court may, in addition to the imposition of the penalty
prescribed by this section, cause the defendant to be imprisoned in
the County Jail. (N.J.S.A. 26:3-78)
[New]
This Board of Health shall have the right to enter in or upon
any building or premises at any hour of the day to determine whether
the provisions of this Code are being followed or obeyed. It shall
be unlawful for any person to interfere with any inspection being
made by the Board of Health or any inspector thereof.
[New]
a.
This Board of Health Code shall be enforced by the members of the
Board of Health and the Health Officer or such other person or officers
as shall be designated by the Board of Health.
b.
Any member of this Board or any of its agents may make the inspections
and examinations required to be enforced by this Board, any provision
of the Code, or any ordinance, regulation, resolution, or order of
this Board, except specific inspections requiring a professional license
(i.e., Retail Food Inspections), upon exhibiting a certificate of
authority under the seal of this Board, and, in making the inspection
and examination, it shall be lawful for the person to enter in or
upon any premises for the purpose of health protection.
c.
Any person who shall prevent, obstruct, or resist any member of this Board, its officers, or agents acting under and by the authority of this Board in the performance of his/her duty shall be subject to a fine, upon conviction, as stated in Section BH1-3.
d.
Every notice or order required to be served by this Board may be
served personally by any member of this Board or any of its agents,
or by any member of the Police Department. Notice may be served by
mail, addressed to the last known place of residence, or by posting
it in a conspicuous place on the premises.
[1]
Editor's Note: The Borough Board of Health has entered
into an agreement with the County of Bergen for health services.
[New]
The Board of Health may institute an action of law to recover
costs incurred by it in the removal or abatement of any nuisance from
any person who shall have caused or allowed such nuisance to exist
or from any owner, tenant, or occupant of premises who, after notice
in writing, fails to abate the nuisance within such time as shall
be specified therein, but not less than five (5) days from the date
of service thereof. A duplicate of the notice shall be left with one
(1) or more of the tenants or occupants of the premises. If the owner
resides out of State or cannot be so notified speedily, such notice
shall be left at that place or premises with a tenant or occupant
thereof, or posted on the premises, and such action shall be considered
proper notification to the owner, tenant, or occupant thereof.
[N.J.S.A. 10:4-6 et seq.]
a.
Organization. The Board shall organize annually, on the first day
of January in each year or as soon thereafter as may be feasible,
at which time it shall elect, by a majority vote of all the members
of the Board and from its members, a President and a Vice President.
The Board, as appointed by the Mayor with the advice and consent of
the Borough Council, shall consist of five (5) members, in accordance
with N.J.S.A. 26:3-3.
b.
Meetings.
1.
All meetings of the Board of Health of the Borough of Rockleigh shall
be held at the Borough Hall, 26 Rockleigh Road, Rockleigh, New Jersey,
at 7:30 p.m. and shall be properly advertised pursuant to the provisions
of the Open Public Meetings Act.
2.
Regular meetings shall be held on the third Wednesday, quarterly,
March, June, September and December. Special meetings may be called
at any time by the President or upon request of four (4) members of
the Board. Four (4) members shall constitute a quorum for the transaction
of business by the Board. All regular meetings of the Board shall
be open to the public. Special meetings may be declared closed for
the purposes of executive session by a majority vote of the members
present. In the cases of special meeting, notice shall be given to
all members of the Board, in writing, at least forty-eight (48) hours
prior to the time fixed for holding the same.
3.
All meetings shall be conducted according to Robert's Rules
of Order, except as this Code provides otherwise.
c.
Order of Business. At the meetings of the Board, the order of business
shall be as follows, unless otherwise determined by resolution:
1.
Roll call.
2.
Approval of the minutes of the previous meeting.
3.
Communications.
4.
Report of committees and officers.
5.
Report of Health Officer.
6.
Reports of Secretary and Registrar of Vital Statistics.
7.
Hearings.
8.
Open and close meeting to the public.
9.
Unfinished business.
10.
New business.
d.
Appointments. The Board shall appoint by majority vote at its first
annual meeting a Health Officer and Secretary. The Board shall accept
the Attorney and Animal Control Officer as appointed by the Mayor
and Council of the Borough of Rockleigh. The Registrar of Vital Statistics
shall be appointed in accordance with the provisions of N.J.S.A. 26:8-13.
The Board shall have the power to employ such additional services
as it may deem necessary and may delegate discretionary authority
to appointees of the Board when such action is dictated by emergency.
The salaries or other forms of compensation of the aforesaid appointees
shall be such as is fixed at the time of their appointment by a resolution
of the Board, subject to review and approval by the appropriate financial
agency of the municipal government.
e.
Counsel. The Counsel shall be the legal adviser of the Board and
shall, when required, attend its meetings. The Counsel shall, when
authorized to do so by the Board, represent it in all litigation to
which it may be a party and perform all such other legal services
as may, from time to time, be required.
f.
Duties of the Officers. The President shall preside at all meetings
of the Board and shall appoint all committees. During the intervals
between regular meetings, the President shall represent the Board
in all executive and judicial matters.
g.
Duties of Appointees.
1.
The Secretary shall keep the minutes of all the proceedings of the
Board; shall conduct all the official correspondence of the Board;
shall maintain proper copies of the same; shall tabulate and complete
all reports required by any superior authority, local, State or national;
and shall make such other reports as may be required or directed by
the Board. The Secretary shall procure all books, stationery and other
supplies as may be required by the Board and shall keep adequate records
of all applications for permits and licenses 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 matter.
2.
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 shall perform such other duties as may be required.
3.
The Health Officer shall act as the enforcing officer of the Board
and shall, in addition to such other duties as may be required from
time to time, perform such duties as required by State law or regulations.
The Health Officer is also responsible for the following:
(a)
Investigation of all complaints arising under the Rockleigh
Health Code.
(b)
Periodic inspection of each food and food-handling establishment
to establish and report upon the sanitary conditions of such establishments
and to take such steps as are necessary to ensure that sanitary conditions
are maintained in such establishments.
(c)
Performance of such duties as may be required in connection
with control of communicable diseases, quarantine of the same and
release from quarantine, together with such duties as may be required
for compliance with the public health laws of the State of New Jersey
having to do with communicable diseases.
(d)
Collection of samples of food, water and other materials and
submission of the same to appropriate County or State agencies for
analysis where such analysis appears necessary or desirable in connection
with the maintenance of sanitary conditions within the Borough.
(e)
Supervision of rodent and insect extermination in accordance
with Chapter BHIV, Public Health Nuisance Code, of the Borough Health
Code.
(f)
Enforcement of the Borough Health Code and the State Sanitary
Code.
h.
Ordinances and Resolutions.
1.
Ordinances and resolutions shall be prepared for the consideration
of the Board by the Board Attorney upon the instructions of the Board.
No ordinance shall be adopted by the Board without an affirmative
vote of the majority of all members of the Board; however, resolutions
shall be adopted by the Board by vote of the majority of the members
of the Board present, provided that a quorum exists.
2.
An ordinance or resolution may be introduced by any member of the
Board. The Secretary shall forthwith provide each member of the Board
with a copy thereof. Each resolution and ordinance shall be limited
to a single subject, which shall be expressed in its title, and shall
be reviewed at a conference meeting prior to submission for public
action.
3.
All resolutions shall take effect immediately upon final passage
by the Board unless otherwise specified in the resolution as approved.
[New]
[New]
The Board shall and may from time to time amend, supplement
or implement other provisions amendatory thereof or supplementary
thereto.
[New]
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 Health Code or of applicable State
or Federal statutes, codes or rules so 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 that the hazard has been eliminated or the violation
removed.
[New]
The Board may adopt such rules and regulations as by law it
is permitted, authorized or empowered to so adopt and which shall,
in its judgment, act in the proper understanding and general enforcement
of the Code.
[New]
Every local Board of Health shall file with the Commissioner
a certified copy of every bylaw or ordinance of such Board immediately
upon passage of the same.
The Public Health Council may modify or annul any order, regulation,
bylaw or ordinance of any local Board of Health if, after giving reasonable
notice and affording an opportunity to be heard to the members of
such local Board, the Council shall determine that such order, regulation,
bylaw or ordinance concerns a matter which affects the public health
beyond the territory over which such local board has jurisdiction.
(N.J.S.A. 26:1A-12)
