[Amended 5-23-2000 by Ord. No. 00-19]
A.
DEPARTMENT or DEPARTMENT OF HEALTH
HEALTH OFFICER
PERSON
TOWNSHIP
As used in this chapter, the following terms shall
have the meanings indicated:
The Department of Health of the Township of Montclair, in
the County of Essex.
The Health Officer of the Township of Montclair.
Includes corporations, companies, associations, societies,
firms, partnerships, joint-stock companies and political subdivisions
as well as individuals.
The Township of Montclair in the County of Essex.
B.
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.
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.
A.
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.
B.
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.
C.
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.
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.
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.
[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.