Title 26, Title 26: HEALTH AND VITAL STATISTICS

26:3-42. Payment of township health bills Every expenditure of money shall be presented by an itemized bill, approved by the president and secretary of the local board, to the usual disbursing officer of the township who shall pay the same. Amended by L.1943, c. 115, p. 347, s. 2…

26:3-43. Estimate of appropriation by municipality necessary for health purposes; appropriation The local board of health of every municipality other than a township, shall each year, before the budget of municipal taxes to be levied for the year shall be determined, present to t…

26:3-44. Additional appropriations in case of epidemics; borrowing money Whenever an epidemic of any contagious or infectious disease exists or is threatened, or any special need arises for the protection of the public health, and in the judgment of the local board of health of a…

26:3-45. Power to define nuisance The local board may pass, alter or amend ordinances and make rules and regulations to declare and define what shall constitute a nuisance in lots, streets, docks, wharves, vessels and piers, and all public or private places within its jurisdictio…

26:3-46. Abatement of nuisances The local board, within its jurisdiction, shall examine into and prohibit any nuisance, offensive matter, foul or noxious odors, gases or vapors, water in which mosquito larvae breed, and all causes of disease which may be known to the board or bro…

26:3-47. Abatement without ordinance The power given to the local board to remove and abate nuisances, sources of foulness, or causes of sickness hazardous to the public health, shall not depend upon whether the board has exercised its power to pass, alter, or amend ordinances in…

26:3-48. Nuisance on public property; notice Whenever a nuisance, noxious odors, gases or vapors, water in which mosquito larvae breed, or cause of ill health or disease is found on public property or on a highway, notice shall be given by the local board to the person officially…

26:3-49. Nuisance on private property; notice Whenever any nuisance, noxious gases or vapors, water in which mosquito larvae breed, or cause of ill health or disease is found on private property, the local board shall notify the owner to remove and abate the same, at his own expe…

26:3-5. Appointment of members 26:3-5. The members of the local board in every municipality, other than a township which is subject to the provisions of subdivision C of this article, or a board established by a municipality that invokes the provisions of subsection b. of R.S.26:…

26:3-50. Failure to comply with notice; abatement If the owner when notified, as provided in section 26:3-49 of this title, shall not comply with the notice or order of the local board within the time specified, the board shall proceed to abate the nuisance and remove the cause o…

26:3-51. Restraining proceedings of board No injunction shall issue out of any of the courts of this state to stay, stop, or enjoin proceedings, or to prevent any local board from proceeding with the removal and abatement of any alleged nuisance, source of foulness, or cause of s…

26:3-52. Suits against board for damages No suit shall be maintained in any of the courts of this state to recover damages against any local board, its officers or agents, on proceedings instituted to remove and abate such nuisances and cause of disease, unless it shall be shown …

26:3-53 Notice to remove, abate nuisance. 26:3-53. A notice by any health officer or registered environmental health specialist to remove and abate any nuisance shall be taken as a notice from the board. If the owner or persons notified fails to remove and abate the nuisance comp…

26:3-54. Expenses of abatement; recovery The local board may recover, by a civil action, the expenses incurred in such removal and abatement from any person who shall have caused or allowed such nuisance, source of foulness, water in which mosquito larvae breed, or cause of sickn…

26:3-55. Payment of expenses by local authorities In case the local board fails to recover an amount sufficient to defray such expenses or shall deem it inexpedient to bring action, it may present a bill, certified by the board, or by a majority thereof, for such expenses or for …

26:3-56. Action for injunctive relief The local board, instead of proceeding in a summary way to abate a nuisance hazardous to the public health, may institute an action in the Superior Court, in the name of the State, on relation of the board, for injunctive relief to prohibit t…

26:3-57. Injunctive relief; costs The court may charge the costs of the action upon the property whereon the nuisance is found, and enforce the payment of the same by sale of the property, or any part of it; or the court may order the person who caused the nuisance, or allowed it…

26:3-58. Liability of local board for costs In case no such nuisance shall be found to exist, costs shall be awarded against the local board which caused the action to be brought, but only in case it shall appear to the court that no probable cause existed for bringing the action…

26:3-59. Search warrants 26:3-59. The Superior Court or any municipal court may issue a warrant to search for any nuisance affecting health. Such warrant may be issued according to the practice of the court, upon the information and belief of any officer or agent of the State Dep…

26:3-6. Term of members 26:3-6. The members of the local board in every municipality, other than a township, which is subject to the provisions of subdivision C of this article, or a board established by a municipality that invokes the provisions of subsection b. of R.S.26:3-3, s…

26:3-60. Cause for issuance of warrant A warrant as described in section 26:3-59 of this title shall direct the officer to search in such dwelling house, store, stable, or other building for such nuisance affecting health, or for any person affected with any contagious or infecti…

26:3-61. Abatement under warrant If a nuisance is found, the officer shall remove and abate it; and if a person affected with a contagious or infectious disease is found, the officer shall deal with him according to law, and the ordinances of the local board; and if a condition o…

26:3-62. Return of warrant The officer to whom the search warrant shall be directed shall make return of his proceedings thereunder to the court issuing the warrant. Amended by L.1953, c. 26, p. 469, s. 19.

26:3-63. Officers required to assist in execution of warrant 26:3-63. The sheriff of the county and any marshal or police officer of any county or municipality shall, if required by any officer to whom the search warrant may be directed, be present and assist in the execution of …

26:3-64. Ordinance- and rule-making power The local board of health may enact and amend health ordinances, and make and alter necessary rules and regulations in the execution of any power delegated to it or in the performance of any duty imposed upon it by law, subject to the lim…

26:3-65. Form of enactment of ordinances In the enactment of health ordinances the local board may adopt the ordinances either in the form of a code or each ordinance may be separate and apart by itself.

26:3-66. Procedure in enactment of health ordinance code 26:3-66. No health ordinance or code shall be finally adopted unless it shall have been: a. Given a first reading, which first reading may be by title, at a meeting held at least one week prior to final passage; b. Publishe…

26:3-67. Publication of summary of health ordinance, code, title 26:3-67. Before any health ordinance or code shall take effect, a summary of the ordinance or code, or its title, shall be published at least once in a newspaper published and circulating as prescribed in section 26…

26:3-68. Amendment or repeal of ordinance The local board may amend or repeal any provision of a health ordinance or code, such amendment to be passed and amended in the manner prescribed in sections 26:3-66 and 26:3-67 of this title for the enactment of an original ordinance or …

26:3-69. Date of effectiveness of ordinance Every health ordinance, code, amendment, or repealer shall take effect in thirty days after the date of the first publication.

26:3-69.1. Definitions As used in this act, unless the context otherwise requires: (1) "Local board of health" shall mean a county or municipal board of health, or the board of health of any regional local or special health district, having power to regulate, by ordinance, public…

26:3-69.2. Adopting certain codes and related documents by reference Any local board of health may enact, amend or supplement ordinances establishing, amending or supplementing a code or any parts thereof by reference to such code in any such ordinance and without inclusion of th…

26:3-69.3. Publication of adopted code or related documents unnecessary It shall not be necessary to publish any such code or related documents, so to be adopted, as part of any such ordinance notwithstanding that printed copies thereof are annexed thereto, either before or after…

26:3-69.4. Copies of adopted code and related ordinances to remain on file In event that any such ordinance is adopted, the said copies of said code and related documents shall remain on file in said office, so long as said ordinance is in effect, and three copies shall be placed…

26:3-69.5. Copy of adopted code and related documents construed as part of ordinance For the purpose of proof of any such ordinance or receipt thereof in evidence in all courts and places, such copy of such code and related documents, so marked and annexed to such ordinance, shal…

26:3-69.6. Short title This act may be cited as the Public Health and Sanitation Codes Adoption by Reference Act. L.1950, c. 188, p. 422, s. 6.

26:3-7. Vacancy on board. 26:3-7. If any vacancy shall occur on the local board of any municipality, other than a township which is subject to the provisions of subdivision C of this article, or a board established by a municipality that invokes the provisions of subsection b. of…

26:3-70. Local board may prescribe penalty The local board may prescribe a penalty for the violation of any provision of a health ordinance or code. Such penalty shall not be more than $500.00 nor less than $5.00. Amended by L.1969, c. 253, s. 1, eff. Jan. 7, 1970.

26:3-70.1. Minimum penalty The minimum penalty permissible as prescribed by section 1 of this act, shall remain at $2.00 for those health ordinances adopted prior to the effective date of this act. L.1969, c. 253, s. 2, eff. Jan. 7, 1970.

26:3-71. Penalty need not be specific amount The penalty for the violation of a provision of a health ordinance or code need not be for a specific amount, but the local board may provide that the penalty shall not be less than one given sum nor greater than another given sum. The…

26:3-72. Jurisdiction of proceedings to recover penalties; process Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of a health ordinance or code of a local board, if the violation oc…

26:3-75. Certified copy of health ordinance or code as proof of legal enactment A copy of the health ordinance or section of the code alleged to have been violated, certified to under the hand of the clerk or president of the local board, and under the seal of such board, if it h…

26:3-77. Imprisonment for failure to pay judgment The 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 to the county jail for a period not exceeding ninety days. Am…

26:3-78. Additional penalty for second violation of same ordinance In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same health ordinance or code and due proof of such fact is made, the court may, in addition to the impo…

26:3-8. Compensation of board members in cities of first class The members of the local board in a city of the first class shall receive no compensation for their services as members of the board.

26:3-8.1. Secretary to board in certain cities The boards of health of any city in second class counties now or hereafter having a population of not less than one hundred and thirty thousand nor more than one hundred fifty thousand inhabitants, may appoint a secretary to such boa…