This chapter shall be known and may be cited as the "Revised Board of Health Ordinances of the Town of Boonton, 1985," and is herein referred to as the "chapter."
For the purpose of this chapter, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following words shall have the meanings indicated:
- BOARD OR BOARD OF HEALTH or HEALTH DEPARTMENT
- The Board of Health of the Town of Boonton, in the County of Morris.
- Any person who is a bearer or transmitter of communicable disease germs and is himself immune to the disease.
- HEALTH ADMINISTRATOR
- The officer appointed by the Board of Health to assist the Health Officer.
- HEALTH OFFICER
- The Health Officer of the Town of Boonton, appointed by the Board of Health of the Town of Boonton, in the County of Morris.
- The placing apart of persons or animals affected with or exposed to, or suspected of being affected with or exposed to, a communicable disease for the purpose of preventing contact with other persons and animals and the establishment of restrictions directly surrounding such persons or animals.
- A calendar month unless otherwise specifically provided.
- Any act of local legislation heretofore or hereafter adopted, and including this chapter, so long as it has been adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
- Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- The confining of persons, animals or materials within a designated area and the exclusion of other persons, animals, insects or materials from such area.
- Every delivery, whether the same be by direct sale or the solicitation or acceptance of an order, and including exchange, barter, traffic in, keeping and exposing for sale, serving with meals, delivering for value, peddling, possessing with intent to sell and gratuitous delivery or gift by any person.
- The Sanitarian of the Town of Boonton appointed by the Board of Health of the Town of Boonton, in the County of Morris.
- Includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
- The Town of Boonton, in the County of Morris.
- A calendar year unless otherwise specifically provided.
For the purpose of this chapter and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following shall apply:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday, a legal holiday, or a day on which the offices of the Town are closed, that day shall be excluded.
Whenever a specific time is used in this chapter, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Any citation of statute, law or ordinance contained in this chapter shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
If any article, section or subsection of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such article, section or subsection shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining articles, sections and subsections of this chapter.
Maximum penalty. Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the Town 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.
Any person violating any of the provisions of the retail food section of this chapter shall, upon conviction thereof, pay a penalty of not less than $25 nor more than $500 for each offense.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of this chapter exists shall constitute a separate violation.
All fees and penalties collected under any provision of this chapter of the codes established herein shall be paid to the Town Treasurer.
Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this chapter.
Power to prevent the sale of food. The Health Officer may prohibit the importation into the Town or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
Power to seize and destroy unwholesome food. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
Inspection of premises. The Board of Health, its agents and employees shall have the right to inspect any premises in the Town if they have reason to believe that any provision of this chapter is being violated or as part of a regular program of inspection.
Search warrant. If the owner or occupant of any premises refused to permit entry for the purpose of inspection, the Board of Health may apply to the Municipal Judge for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
The warrant shall be obtained in accordance with N.J.S.A. 26:3-59 through 26:3-63 of the revised Statutes of New Jersey.
Any and all licenses or permits required by any section of this chapter must be displayed in public view at all times.
All licenses and permits issued under the provisions of this chapter are not transferrable. Where a vehicle or conveyance is used in the operation of any business covered by this chapter and such vehicle or conveyance is required to have a license or a permit, a separate license must be obtained for each and every vehicle used in the said operation.
Nothing contained in this chapter shall be construed as a waiver by the Board of Health or its authorized agents of any right to collect civil penalties under any section hereof where provided for under the Revised Statutes of New Jersey or any act or code incorporated by reference herein.