[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
Terms used in the Sanitary Code have the following
meanings:
A building or portion thereof which is rented, leased, let
or hired out to be occupied or is occupied as a house, home or residence
by three or more families living independently of one another and
doing their cooking and sleeping upon the premises.
The Board of Health of the Borough of Montvale.
The Borough of Montvale.
Any person engaged in the business of keeping, driving or
slaughtering any cattle or selling any meat.
Any house, place or establishment intended to be used or
occupied as the living quarters, temporarily, by five or more persons
for a period of three or more consecutive days.
Any person who harbors an infectious agent of disease, but
who, at the same time, may or may not have symptoms of the disease.
Includes cows, bulls, calves, horses, mules, asses, sheep,
goats and swine.
The lowest story of any building, dwelling or house, of which
1/3 or more of the height from the floor to the ceiling is below ground
level.
A room which is cooled sufficiently to prevent spoilage of
food which is intended for sale or frozen food processing.
Food which has neither been decomposed nor contaminated and
is of superior quality.
The thorough removal of contaminating material or materials.
The Sanitary Code of the Borough of Montvale unless some
other code is expressly indicated or referred to.
Any infectious or contagious disease so declared or defined
by law or by this code or which has been or may hereafter be declared
as communicable disease by this Board or by the State Department of
Health.
Any person who has been sufficiently near or exposed to any
infected person or animal to make probable the transmission of an
infectious or causative agent to such person.
Synonymous with "package" as herein defined.
Any place or room in which food of a decomposable nature,
such as meat and seafood, must be kept sufficiently cooled or chilled
to prevent spoiling, either by cooling the cuttings and prepared food
or the equipment in which it is held prior to freezing.
Smoke which is so heavy and thick as to prevent the seeing
of objects through it at the point of emission into the external air.
The application of any disinfectant materials to infected
materials in sufficient concentration and for a sufficient length
of time to destroy pathogenic organisms.
Any building, or portion thereof, which is occupied or is
intended to be occupied as a residence or a sleeping place of one
or more individuals, families or households.
Every part of any marine animal.
Any article used for food or beverage for man and every ingredient
therein, and all confectionery, condiments and beverages and articles
used for components of any such article.
Includes any bakery, confectionery, cannery, packing house,
slaughterhouse, dairy, creamery, cheese factory, restaurant, hotel,
grocery, meat market, or other place used in the production, preparation,
transportation or handling of food intended for sale or distribution.
Meat from animals recently slaughtered and properly cooled
until delivered to the consumer. The term "animals" as used in this
section shall include not only mammals, but fish, fowl, crustaceans,
mollusks and all other animals used as food.
Includes all meat trimmings, meat by-products and meat products
made from fresh meat, except such products as sold in a smoked, salted
or cured condition.
Food and foodstuffs which have been frozen solid with or
without the addition of water or preservatives.
Any place artificially cooled below a temperature of 32°
F. in which articles of food are sharp-frozen and stored in lockers
being rented to the public.
Includes any place where food is cleaned, cut, prepared,
chilled, blanched, sharp-frozen and packaged for frozen food.
Any type vehicle in which frozen food is transported, or
from which the same is sold or distributed.
The accumulation of animal or vegetable waste, or both, liquid
or otherwise, that tends to decay.
Any officer licensed as such under the Laws of the State
of New Jersey and duly appointed Health Officer; shall be the executive
officer for the Board and enforcing officer of its codes.
Separation of a person affected, or suspected of being affected,
with a communicable disease, or a carrier of the infection or causative
agent of a communicable disease from other persons, in such a manner
as will prevent the direct or indirect conveyance of the infectious
or causative agent to other persons.
Any building, yard, enclosure, premises or lot of ground
used as a commercial establishment for the raising, breeding or boarding
of dogs or other small animals.
A display of written, printed or graphic matter upon which
the immediate container of any article and a requirement made by or
under authority of the Sanitary Code that any word, statement or other
information appear on the label shall not be considered to be complied
with unless such word, statement or other information also appears
on the outside container or wrapper, if any there be, of the package
of such articles, or is easily legible through the outside container
or wrapper. The term "immediate container" does not include package
liners.
Placing labels or other written, printed or graphic matter
upon an article or any of its containers or wrappers or accompanying
such article.
A store, cellar, stand or place at or in which the business
of buying, selling or keeping for sale any meat, dairy products, fowl,
fish, vegetables or other foods for human consumption is conducted
or maintained.
Any home, house or other place conducted or maintained by
any person advertised or held out by such person as a maternity or
obstetrical home, hospital, sanitarium or place where one or more
women, during pregnancy, labor or lying-in period, are attended, or
intend to be attended, professionally or otherwise, during any pregnancy,
labor or lying-in period.
Includes every part of any animal (whether mixed or not with
any other substance).
Those persons duly appointed by the Mayor and confirmed by
the Council of the Borough of Montvale to constitute the Board of
Health.
A calendar month.
A vending machine other than one limited solely to dispensing
either beverages or confectionery, which dispense more than one variety
of food deemed perishable by the Board of Health.
Whenever, in describing or referring to any person, matter
or thing, any word importing the singular number is used, the same
includes and applies to several persons as well as to one person or
where a word of masculine gender is used it shall apply to females
as well as males and to bodies corporate as well as individuals.
Any condition which is dangerous to human life or health
or that which renders air, water, soil or any type of food hazardous
or injurious to human life or health and as otherwise herein defined.
A person licensed as such under the Laws of the State of
New Jersey.
Any home, house or other place conducted or maintained by
any person advertised or held out by such person such as a rest home,
hospital, sanitarium where one or more persons are cared for or attended
during a convalescent period or the attending of the aged.
Any wrapper, case, basket, hamper, can, bottle, jar, tube,
cask, vessel, tub, firkin, keg, jug, barrel or other receptacles,
but does not include open containers which permit a visual and physical
inspection by a purchaser at retail, nor bags and other receptacles
which are filled in the presence of a purchaser at retail.
A duly authorized permit or license of the Board, issued
in accordance with this code, or the regulations of the Board.
Any person, persons, associations, or partnerships or corporations,
or any one or more of them, or combinations of either of them.
Chickens, ducks, geese, turkeys, guinea fowl, pigeons and
all other fowl commonly kept, raised and sold for human consumption.
Unless restricted or limited by the context to either real
or personal property, includes both real and personal property.
Any public place, as well as any restaurant, lunchroom, cabin
and any and every establishment or place where food or beverage is
sold or offered for sale to the public for consumption on the premises
and or public recreation place or any other place of business where
toilet facilities or water for drinking or culinary purposes are available
for the use of the public.
The restriction of movement of any person who has been exposed
to a communicable disease, by confining such person to a restricted
area and the exclusion of other persons from that area.
Includes lands, buildings and hereditaments or all rights
thereto or any interest therein.
A thermometer sufficiently operating and equipped with a
recording device and a chart on which the degrees Fahrenheit are recorded
continuously.
The person duly appointed as the Registrar of Vital Statistics
by the Board.
Any regulations, whether general or special, which the Board
may from time to time lawfully adopt and issue.
Any restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, sandwich stand, and every other place in which food
is sold for consumption on the premises.
Coal or wood ashes, all loose material and dirtlike substance
that tend to decay and all waste material accumulated from buildings
or the cleaning of buildings.
Any officer licensed as such under the Laws of the State
of New Jersey and appointed by the Board to aid in the enforcement
of the sanitary laws of this state or to aid in the enforcement of
the rules, regulations and ordinances of the local Board of Health,
except health officers or other persons performing principally clerical
duties in the office of the Board.
Any room or compartment equipped with mechanical refrigeration
in which food is quickly frozen to make a frozen food article.
Includes rabbits, minks, cats, dogs, guinea pigs and any
other small animals kept or raised for commercial purposes or kept
and raised for sale or for the production of meat, fur or wool, or
kept and raised for exhibition or other purposes or as a source of
supply for laboratories; provided, however, that the term "small animals"
shall not apply if they total in the aggregate less than 10 in number.
A calendar year.
A.
Organization.
The Board of Health shall organize annually in January each year,
as soon after the annual organization meeting of the Council as may
be feasible, at which time it shall elect, by a majority vote of all
of the members of the Board and from its members, a President and
a Vice President.
B.
Quorum and meetings.
A majority of the whole number of members of the Board shall constitute
a quorum for the transaction of business, but a smaller number may
meet and adjourn from time to time. Its regular meetings shall be
held each and every month in the office of the Board of Health, at
such time and on such date as may be decided upon at the organization
meeting. The Board shall determine and establish the rules of its
own proceedings, and shall pass, promulgate or adopt such rules, regulations,
orders, ordinances, bylaws and resolutions pertaining to the purposes
and objectives of the Board as may be necessary to properly carry
out the provisions of applicable state laws governing the powers and
duties of local boards of health. The President shall have the power
to call special meetings of the Board when necessary, and in case
of his neglect or refusal to do so, it shall be lawful for any three
members of such Board to call any special meeting, by written or printed
notice to each member, served personally or left at their places of
residence at least 24 hours previous to the time appointed for such
meetings.
C.
Officers and employees.
The Board shall appoint, by resolution passed by a majority of all
its members, a Secretary, a registered Environmental Health Specialist,
a Registrar of Vital Statistics, a Deputy Registrar, a Plumbing Inspector,
a Health Officer and such other officers and employees as it may from
time to time deem necessary, in accordance with the provisions of
the applicable laws of New Jersey.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
D.
Salaries. The
salaries or other forms of compensation of the aforesaid officers
and employees shall be fixed by resolution passed by a majority of
all the members of the Board annually or at the time of their appointment.
A.
President. The
President shall be the chief executive officer of the Board; he 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 the Sanitary Code, be vested in him. During the intervals between
regular meetings, the President shall represent the Board in all executive
and judicial matters, and he shall have the power and may appoint,
at the annual meeting or immediately thereafter, any and all committees
deemed essential to the proper function of the Board in promotion
the health and welfare of the community and, in addition, with the
advice and consent of the Board, such other officers and committees
as may from time to time be required to be appointed and provision
for whose appointments is not otherwise made in this code or subsequent
legislation by the Board.
B.
Vice President.
The Vice President, in the absence, disability or disqualification
of the President, shall serve in the place of said President, with
all of his powers and duties.
C.
Secretary. The
Secretary shall keep the minutes of all the proceedings of the Board,
shall 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 permits,
and, in case of the refusal of any 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.
D.
Registrar of Vital
Statistics. The Registrar of Vital Statistics shall keep all such
records of that office, as required by the Office of Vital Statistics
and Registry in the Department of Health of the State of New Jersey,
and he shall perform such other duties as may be required.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
E.
Reports. The Sanitary
Inspector, Plumbing Inspector and Registrar of Vital Statistics shall
each make a written report monthly. All of the above-named appointees
shall perform such duties as may be directed by the Revised Statutes
of New Jersey, the provisions of the Sanitary Code or as they may
from time to time be directed by the Board.
A.
Inspections and
reports. Every member of the Board and all officers and employees
thereof shall, by virtue of their respective appointments, be vested
with the power and authority to make any and all inspections or examinations
that are under the statutes of this state required to be made by local
boards of health, or that are 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.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
B.
The Bergen County
Department of Health is authorized to conduct any or all related business,
upon the request of the Board of Health, during the absence due to
the vacation or illness of the Board's regular Health Officer or Plumbing
Inspector. Fees for such services on any project shall be deducted
from the total fees on the pro rata basis paid to our regular Health
Officer or Plumbing Inspector. An alternate Health Officer or Plumbing
Inspector may be selected at the option of the Board of Health.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
C.
Rules and
regulations. 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 the Sanitary Code.
A.
Synonymy of "license"
and "permit." It is intended that the terms "license" or "permit"
wherever used herein, be synonymous if, in the interpretation of any
part hereof, such synonymy is required to carry out the manifest intent
and purpose of the Sanitary Code.
B.
Applications.
All applications for licenses, permits or certificates shall be made
at the office of the Board Secretary by appointment, and the fees
for every license or permit shall be paid in advance at the time of
making the application therefor.
C.
Investigation.
The granting of any license, permit or certificate may be withheld,
at the discretion of the Board, pending examination, investigation
or inspection of the person who, or the premises which, may be the
subject matter of the license, permit or certificate under consideration.
D.
Term and nonassignability.
All licenses, permits or certificates issued under any section of
the Sanitary Code shall be valid only for the balance of the calendar
year in which they are issued, unless otherwise provided. No such
license, permit or certificate shall be transferable or assignable.
E.
Evidence of license,
permit or certificate. The Board shall evidence the granting of any
license, permit or certificate issued by furnishing to the licensee,
permittee or certificate holder a suitable card, sign, placard, disc,
plate or other writing which shall convey information concerning the
nature of such license, permit or certificate, the serial number of
the same, name of the person to whom the same has been issued, the
year in which the same is so issued, the premises or vehicles so licensed,
if that be material or required, and such other information as the
Board may deem pertinent.
A certificate of occupancy must be obtained
for the purpose of occupying a new building in the Borough of Montvale;
the applicant shall submit to the Plumbing Inspector a plot plan in
triplicate prepared by a professional engineer licensed in the State
of New Jersey, showing in exact detail and measurement the following:
(1)
The location
of the house or building on the plot.
(2)
The exact
location of the sewage disposal systems in relation to the distance
from the house or dwelling.
(3)
The exact
location of all utilities.
(4)
Location of
fuel oil tank (if installed outside the building).
Upon approval of the three copies of the plot
plan as outlined above, the Plumbing Inspector shall retain one copy
for the Board of Health; one copy shall be retained by the Building
Inspector, and the other copy shall be attached to the certificate
of occupancy and given to the owner of the building.
F.
Display. Every
license, permit or certificate issued by the Board shall be displayed
in a conspicuous place in the establishment, premises or other place
for which the same is issued, and shall likewise be so displayed on
every vehicle or conveyance so licensed, for the period that the license,
permit or certificate shall be in force, unless the Board shall otherwise
prescribe.
A.
Every license,
permit or certificate issued under the Sanitary Code may, at any time
during the terms for which the same is so is used, be suspended by
the Board or its Health Officer, pending a hearing, to be granted
the holder thereof within 10 days, pursuant to a notice to show cause
to the Board why the license, permit or certificate should not be
suspended further or revoked.
B.
No such license,
permit or certificate shall be suspended unless the Health Officer
or registered Environmental Health Specialist shall file with the
Board a complaint or charges evidencing one or more violations of
the ordinance or regulation under which the license, permit or certificate
was originally issued.
[Amended at time of adoption of Code by the Board of Health
[Amended at time of adoption of Code by the Board of Health (see Ch.
405, General Provisions, Board of Health, Art. I)]]
C.
During the period
of any such suspension, every license, permit or certificate so suspended
shall be ineffective and the holder thereof shall, during the entire
period of such suspension, cease the operation of any business or
discontinue every activity or use permitted under the license, permit
or certificate suspended.
A.
Any license, permit
or certificate issued under the provisions of the Sanitary Code may
be revoked at any time by the Board for just cause, or if licensee,
permittee or certificate holder, or any of the employees or agents
of the licensee, permittee or certificate holder violates any provision
of the Sanitary Code or any regulation of the Department of Health
of New Jersey specifically applicable to the subject matter for or
upon which the license, permit or certificate was issued.
[Amended at time of adoption of Code by the Board of Health
[Amended at time of adoption of Code by the Board of Health (see Ch.
405, General Provisions, Board of Health, Art. I)]]
B.
Before any license,
permit or certificate may be revoked, the holder thereof shall be
given a hearing and an opportunity to be heard on the complaint made
or violation or violations charged against him.
C.
The time and place
for such hearings shall be fixed at the discretion of the Board; provided,
however, that an unreasonable time shall not be permitted to elapse
between the date of any suspension of license and the date fixed for
the hearing.
D.
Notice of the
time and place of any hearing shall be given by the Board to the holder
of the license, permit or certificate so involved, in writing, and
served either personally or sent to him by registered mail.
E.
A licensee, permittee
or certificate holder who fails to appear at the time and place fixed
for such hearings shall not be entitled to any further hearing, and
in that event, his license, permit or certificate may, as a matter
of course, be forthwith revoked.
A.
Due date; proration of fees in
certain circumstances; late fee.
(1)
All fees payable to the Borough of Montvale Board of Health pursuant to Chapter 457 of the Montvale Code shall be for the calendar year in which the fee becomes due or such portion of the year as is remaining at such time, provided that such due date falls within the first three quarters of the calendar year, and such fees shall not be subject to proration except as herein provided.
(2)
For fees which become due
for the first time during the fourth quarter of the calendar year
and are paid during that quarter, the annual fee paid shall entitle
the licensee to a license that shall be valid until December 31 of
the year following the current year (long year).
(3)
All annual fees are due no
later than March 1 of each calendar year. Any fee not received by
this date shall be considered late and subject to a late fee. Notwithstanding
the foregoing, the Board of Health may, by resolution, adopt a grace
period for the payment of annual fees for a period of not longer than
30 days.
[Amended 5-3-2021 by Board of Health Ord. No. 2021-01]
(4)
The late fee shall be equal
to 50% of the annual license or permit fee. The late fee may be waived
by the Board for good cause shown.
B.
The annual fee for the several
licenses, permits or certificates, including those referred to in
the Sanitary Code, are hereby fixed as follows:
(1)
Agricultural market/farm stand:
$300.
(2)
Bakery: $250.
(3)
Convenience store: $400.
(4)
Cattle/horse farm: $200.
(5)
Delicatessen: $275.
(6)
Health spa/exercise facility
(under 10,000 square feet): $250.
(8)
Hotel/motel (one to 50 rooms):
$500.
(9)
Hotel/motel (over 50 rooms):
$1,000.
(10)
Miscellaneous retail food
establishment: $500.
(11)
Mobile ice cream: $200.
(12)
Nursery school or day care:
$300.
(13)
Pet shop: $200.
(14)
Prepackaged candy counter:
$100.
(15)
Public amusement: $500.
(16)
Restaurant (seating capacity
one to 50): $400.
(17)
Restaurant (seating capacity
over 50): $800.
(18)
Supermarket (under 50,000
square feet): $1,000.
(19)
Supermarket (over 50,000
square feet): $2,000.
(20)
Swimming pool (indoor):
$1,000.
(21)
Swimming pool (seasonal):
$500.
(22)
Temporary food establishment
(per day): $100.
(24)
Vending machine (first machine
at location): $75.
(25)
Vending machine (each additional
machine at location): $25.
C.
Fees for vital statistics records.
(1)
Birth certificate (certified
copy): $20.
(2)
Death certification (certified
copy): $20.
(3)
Marriage certificate (certified
copy): $20.
(4)
Domestic partnership certificate
(certified copy): $20.
(5)
Civil union certificate (certified
copy): $20.
(6)
Records corrections: no fee.
(7)
Marriage certificate (application):
$28.
(8)
Domestic partnership certificate
(application): $28.
(9)
Civil union certificate (application):
$28.
(10)
Burial permit (application):
$5.
D.
Whenever, in the Sanitary Code,
a license or permit is required and no specific fee is established
for such license or permit, the fee therefor shall be $10, payable
on issuance of such license or permit, which shall be for the balance
of the calendar year in which the same is so issued.
E.
No fee for any permit, license
or certificate issued hereunder shall be required of any person declared
by state law to be exempt from the payment of any such fee.
[1]
Editor's Note: This ordinance provided that it would become
effective 1-1-2016.
Unless otherwise provided, the Sanitary Code
applies to acts performed within the corporate limits of the Borough
of Montvale. Provisions of the Sanitary Code also apply to acts performed
outside the corporate limits and up to the limits prescribed by law,
where the law confers power on the Board to regulate such particular
acts outside the corporate limits.
Every person concerned in the commission of
an act prohibited by the Sanitary Code, whether he directly commits
the act or prosecutes, counsels, aids or abets in its commission,
may be prosecuted and on conviction is punishable as if he had directly
committed such act.
A.
Standard penalty.
Unless another penalty is expressly provided by this code for any
particular provision, section or chapter, any person violating any
provision of the Sanitary Code, or any rule or regulation adopted,
or issued in pursuance thereof, or any provision of any code adopted
herein by reference shall, upon conviction thereof, forfeit and pay
a fine of not less than $20 or more than $500 in the discretion of
the Magistrate before whom complaint is made.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
B.
Each day a violation.
Each act of violation and every day upon which a violation occurs
constitute a separate offense.
C.
Applicability.
The penalty provided by this section applies to the amendment of any
section of the Sanitary Code or any code adopted herein by reference
whether or not such penalty is reenacted in the amendatory ordinance.
D.
Reference to
sections. Reference to any section of the Sanitary Code shall be understood
also to refer to and include the penalty section relating thereto,
unless otherwise expressly provided.
E.
Failure of officers
to perform duties. The failure of any officer or employee of the Borough
to perform any official duty imposed by the Sanitary Code shall not
subject such officer or employee to the penalty imposed for violation
of the code, unless a penalty is specifically provided.
Each section, paragraph, sentence, clause and
provision of the Sanitary Code is separable, and if any provision
is held unconstitutional or invalid for any reason, such decision
shall not affect the validity of any other part of the Sanitary Code.
The Sanitary Code shall take effect immediately
upon passage and publication in accordance with law.
Copies of the Sanitary Code shall be kept available
at the Borough Clerk's office and the office of the Board of Health
for public inspection.
