Township of Montclair, NJ General and Administrative Provisions

Includes corporations, companies, associations, societies, firms, partnerships, joint-stock companies and political subdivisions as well as individuals.

TOWNSHIP

The Township of Montclair in the County of Essex.

Number; gender. Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person and to females as well as males, and to bodies corporate as well as individuals and to several matters and things as well as one matter or thing.

§ 186-2 Right of entry.

The Department of Health and its members, agents and employees shall have the right to enter into and upon any premises, public or private building or vehicle for the purpose of enforcing the provisions of this Health Code and the health laws and regulations of the State of New Jersey or to determine whether such provisions or rules and regulations are being complied with or obeyed. No person shall oppose such entry or hinder or interfere with the Board of Health or any of its members, agents or employees in the performance of their duties.

§ 186-3 Permits and licenses.

Issuance. All applications for licenses or permits required by this chapter or any supplements thereto or amendments thereof, except when otherwise specifically provided, shall be made to the office of the Department of Health and shall be in such form and detail as the Department shall prescribe. Upon filing of an application and the payment of the fee prescribed herein, the Health Officer is authorized to issue a license or permit to the applicant, provided that he or she has complied with all the requirements and the relevant rules and regulations provided in this chapter.

Revocation. In the event of the violation of any of the provisions of this chapter or of the relevant rules and regulations provided for herein, a license or permit issued pursuant to this chapter may be revoked after a hearing before the Department of Health, upon charges filed with the Department and a time for the hearing fixed, of which the holder of the license or permit shall have at least one week's notice by mail, addressed to the address of the holder of the license or permit as the same appears upon the aforesaid application. The penalty of revocation provided in this subsection shall be in addition to any other penalties provided for violation of this chapter or any other ordinance of the Department. No person shall operate any business or conduct any activity for which a license or permit is required by this chapter or the amendments thereof or supplements thereto after revocation thereof or during the period of suspension thereof, as hereinafter provided.

Suspension. In the event of the violation by the holder of a license or permit of any of the provisions of this chapter or of the relevant rules and regulations provided therein, where the effect of such violation is such as to constitute a hazard or injury to public health, the Health Officer is authorized to suspend the license or permit pending the hearing before the Department of Health provided in Subsection B of this section. In the event of such suspension, the Health Officer shall, within 24 hours after notice of suspension, give to the holder of such license or permit an opportunity for hearing before him or her and to present such evidence as may be desired concerning such violation. After hearing, the Health Officer may continue or discharge such suspension, but if continued, an early hearing shall be provided by the Department.

§ 186-4 Display of permits and licenses.

All permits and licenses shall be prominently displayed upon the premises for which they are issued, and upon each and every vehicle or device used in the business for which a license or permit is required, there shall be displayed at all times in plain sight, on the left side or rear of said vehicle or device, such current license or permit sign as may be provided by the Department.

§ 186-5 Examination of license or permit by officer.

Every holder of a license or permit shall exhibit same upon demand to any member of the Department, the Health Officer or any other authorized representative of the Department or any peace officer of this municipality.

§ 186-6 Violations and penalties.

[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]

Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.