BOROUGH OF KINNELON BOARD OF HEALTH ORDINANCE: BH01-2026

 

AN ORDINANCE AMENDING THE BOROUGH OF KINNELON CODE, PART III, BOARD OF HEALTH LEGISLATION, SPECIFICALLY CHAPTERS 213 (BATHING, PUBLIC RECREATIONAL), 215 (BODY ART ESTABLISHMENTS), AND

219 (FOOD ESTABLISHMENTS AND FOOD AND BEVERAGE MACHINES, RETAIL), AND UPDATING SUCH CHAPTERS IN ACCORDANCE WITH LAW

 

WHEREAS, the Borough of Kinnelon Board of Health desires to protect the health, safety, and welfare of the general public, through its continued and vigilant oversight of matters affecting public health; and

 

WHEREAS, the Borough of Kinnelon Board of Health, upon careful consideration, has reviewed Chapters 213, 215, and 219 of Part III of the Board of Health legislation, upon the recommendation of the Health Officer, and finds it appropriate to adopt this ordinance to update the existing Code requirements, for the benefit of the citizens of the Borough of Kinnelon.

 

NOW THEREFORE BE IT ORDAINED BY THE BOROUGH OF KINNELON BOARD OF HEALTH, COUNTY OF MORRIS, STATE OF NEW JERSEY, THAT THE FOLLOWING CHAPTERS WITHIN PART III, BOARD OF HEALTH LEGISLATION WITHIN THE CODE OF THE BOROUGH OF KINNELON SHALL BE UPDATED TO REFLECT THE FOLLOWING CHANGES, AND AS DETAILED AND SPECIFICALLY SET FORTH HEREIN.

 

SECTION 1. THE FOLLOWING CHAPTERS SHALL BE UPDATED TO REFLECT THE FOLLOWING CHANGES, AND ONLY AS TO THE ENUMERATED CHAPTERS AND DETAILED HEREIN AS IDENTIFIED, AS FOLLOWS:

 

Chapter 213, “Bathing, Public Recreational,” is hereby supplemented by the addition of new sections 213-2, 213-3, and 213-4, which are set forth in their entirety as follows

 

§ 213-2 License expiration, renewal; late fee

Licenses issued pursuant to this chapter shall expire annually on December 31 of each year, and the fee therefore shall not be prorated from the date of issuance. Applications for renewal shall be submitted, together with the required fee, prior to December 15th of each year for year-round facilities, and by May 15th for seasonal facilities. A late fee in the amount equal to half of the license fee is required for any license not renewed before February 1st for year-round facilities and by July 1st for seasonal facilities.

 

§ 213-3 License Fees for a public recreational bathing license.

(1) Public bathing beach: $100.00

(2) Public hot tub or spa: $50.00

(3) Public swimming pool: $75.00

(4) Public wading pool: $50.00

 

§ 213-4 Reinspection fees.

The fee for the reinspection of any public recreational bathing facility that is necessitated by a conditional or unsatisfactory rating shall be an amount equal to the annual license fee for that establishment. The establishment shall be subject to the reinspection fee for each reinspection performed until the establishment is returned to a satisfactory rating. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.

 

Chapter 215, “Body Art Establishments,” is hereby amended as follows:

 

Chapter 215(1)(C) shall read in its entirety as follows:

The renewal license fee for engaging in the business of operating a body art establishment within the Borough of Kinnelon shall be $200 per year for tattooing and permanent cosmetics; and $100 per year for body piercing. All licenses shall expire on the last day of each calendar year. Temporary body art establishments are prohibited within the Borough of Kinnelon.

 

Chapter 215(1) shall be supplemented by a new subsection F to read in its entirety as follows:

 

Reinspection fee required. Should a Body Art establishment be found to be in violation of N.J.A.C. 8:27-1.1 et seq. or other provisions of this chapter and the Health Department determines that a re-inspection is necessary, a re-inspection fee shall be an amount equal to the annual license fee for that establishment and shall be required to be paid by the operator for every re-inspection performed until the violation(s) have been corrected. The fee shall be paid within 10 days of the notification of the said re-inspection requirement.

 

Chapter 219, “Food Establishments and Food and Beverage Machines, Retail,” is amended as follows.

 

Chapter 219-3(E), “Mobile food vendor” is replaced in its entirety as follows:

E. Mobile Food and Drink.

(1) This section shall apply to any person who sells, or offers, solicits or displays for sale, or disposes of or delivers or purveys any box lunches, sandwiches, coffee, tea, ice cream, ice cream product, water ices, frozen water products or frozen confectionery products or other food or nonalcoholic beverages suitable for immediate consumption, in or from any cart, bicycle, trailer, wagon, automobile or other vehicle of any kind, including hand-carried portable containers. Mobile food and drink shall be stationary in an area only for such period of time as is necessary to complete sales transactions with customers, not to exceed 30 minutes at any given area, specific location or address on any given day.

(2) Annual Fee $50.00

 

Chapter 219-3(F) “Temporary retail food establishment” is replaced in its entirety as follows:

F. Temporary retail food establishment

(1) "Temporary retail food establishment" means any food establishment which operates at a fixed location for a temporary period of time, not to exceed seven contiguous days, in connection with a fair, carnival, circus, public exhibition or similar organizational meetings.

(2) Fee per event: $50.

 

Chapter 219-3(I) “Farmers Market” is replaced in its entirety as follows:

Farmers Markets and Seasonal Events

 

(1) Definitions

(a) "Farmer's market" is a public and recurring assembly of food vendors that include farmers or their representatives who are selling food grown, raised and/or harvested or prepared, produced and/or packaged from the food grown, raised or harvested by the farmer directly to consumers. To comply with New Jersey health regulations, prepared foods must be prepared in licensed, inspected kitchens, meet all other requirements of N.J.A.C. 8:24 and comply with the provisions set forth in this chapter. Farmers must be highlighted or central to the event, but the organizer may invite any number of other food or non-food vendors to participate in the event.

 

(b) “Seasonal Event” is a public and recurring assembly of food vendors conducted as a series of events at the same address, for the same purpose or cause, and by the same organizer within the annual license period.

 

(2) License required. No person shall participate, sell, carry on, conduct or operate within the farmer's market or seasonal event without first obtaining a farmer's market or seasonal event vendor's license from the Health Officer or his/her designee.

 

(a) License fee. The annual license fee for a farmer's market or seasonal event vendor's license shall be $50,00. The licensing fees set forth in this chapter shall be waived for those farmer's market or seasonal event vendors who sell only fresh, whole, uncut produce or those food vendors who are bona fide civic, veteran, religious and/or nonprofit organizations.

 

(b) License term and location. The farmer's market and seasonal event vendors’ licenses granted by the Health Officer shall expire on the 31st day of December of each year. The farmer's market and seasonal event vendor's license shall authorize a vendor to participate and operate at that specific farmer's market or seasonal event that is conducted at the same location and by the same organizer/sponsor within the annual license period.

 

(c) License application process. Application for a farmer's market or seasonal event vendor's license shall be submitted on forms furnished by the Health Officer or his/her designee. The application shall be accompanied by:

 

1. The license fee is cash, check or money order.

 

(2) The vendor's business/organization name, address, phone number, email address and name of contact person.

 

(3) All required documentation specified on the license application and any additional information needed to verify compliance with N.J.A.C. 8:24 and the provisions of this chapter.

 

(4) Letter verifying approval from the event organizer confirming the vendor is authorized to participate at the event.

 

(d) License issuance.

The farmer's market and seasonal event vendor's license shall be granted by the Health Officer or his/her designee upon completing all licensing requirements set forth in this chapter.  The license shall set forth:

 

[1] Type of license.

 

[2] Date of issuance.

 

[3] Name of licensee.

 

[4] Purpose for which issued.

 

[5] Address/location of vendor's operation.

 

[6] Date of expiration.

 

(e) License non-transferability, display, and maintenance of site

 

(1) A farmer's market or seasonal event vendor's license issued under this chapter shall not be transferable to any other person, organization, group, business or corporate body and is not valid at any other address/location or for any other events conducted by a different organizer or sponsor.

 

(2) A farmers’ market or seasonal event vendor's license shall be conspicuously displayed at all times by the vendors at the vendor's assigned location within the market or event.

 

(3) The health inspection placard shall be conspicuously displayed at all times by the vendors at the vendor's assigned location within the market or event.

 

(4) A farmer's market or seasonal event vendor licensee shall keep their assigned location neat, clean and sanitary at all times. Garbage and refuse must be properly contained and removed from the premises daily.

 

(f) License signage required for local fresh produce. Those vendors who are representing to be farmers and growers and selling local fresh produce and ingredients must conspicuously display signage for public view that discloses the source from which the vendor obtained all produce, eggs, honey, bulk beverages and juices, smoked, cured or raw meats and the primary ingredients of soups, quiches and baked goods. The signage must be clearly legible in English with lettering in a larger font size of no less than 1/4 inch.

 

Chapter 219-4    is replaced in its entirety as follows:

Licenses issued pursuant to this chapter shall expire annually on December 31 of each year, and the fee therefore shall not be prorated from the date of issuance. Applications for renewal thereof shall be submitted, together with the required fee, prior to December 15 of each year. A late fee of $50.00 shall be required in addition to the fee for the license for any license not renewed before February 1st.

 

A new Chapter 219-9 is hereby established, to read in its entirety as follows:

§ 219-9 Extermination.

 

(1) All establishments covered by this section shall be required to obtain the services of a state-licensed and/or state-registered pest control expert at least once a month to insure against the existence of rodents, insects and other vermin, except that any establishment selling or otherwise dispensing only prepackaged foods shall be required to obtain such services once every three months or more frequently as may be deemed necessary by the Health Officer or his/her designee.

 

(2) Only such state-licensed and/or state-registered extermination experts shall be allowed to treat food establishments and use pesticides, insecticides, rodent bait or poisons on site.

 

(3) No aerosol cans of insecticides shall be stored on site at the said retail food establishment.      

 

A new Chapter 219-10 is hereby established, to read in its entirety as follows:

 

§ 219-10 Certified food protection manager; Certification requirements.

A. The certified food protection manager requirements set forth in N.J.A.C. 8:24-2.1 for Risk 3 establishments shall also apply to every risk 2 and risk 4 establishments.  A certified food protection manager shall be defined in this chapter as an on-site supervisory employee of a risk 2, 3 or 4 retail food establishment, responsible for overseeing food preparation, food safety procedures, sanitation, service and staff.

 

B. The designated certified food protection managers must show their proficiency of the required food safety information through obtaining a food safety certificate. Certified food protection managers shall accomplish this by passing a food safety certification course and examination administered by an accredited certifying program recognized by the NJ Department of Health or the Conference for Food Protection. Certified food protection managers shall maintain the currency of the food safety certificate by following the accredited certifying program's requirements for renewal.

 

C. No later than 180 days after the effective date of this chapter, every risk 2, 3 and 4 retail food establishment shall have at least one certified food service manager physically on the premises of the establishment whenever the establishment is open for business.

 

D. Proof of the certified food protection managers’ current certifications must be on the premises of the retail food establishment at all times. The certifications must be presented immediately upon the request of the Health Department.

 

Sections § 219-11 through § 219-29 remain reserved.

 

SECTION 2. If any section, paragraph, subsection, clause, or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause, or provision so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective.

 

SECTION 3. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such conflict.

 

SECTION 4. This Ordinance may be renumbered for purposes of codification.

 

SECTION 5. This Ordinance shall take effect upon final passage, approval and publication in accordance with applicable law.

 

 

 

AN ORDINANCE AMENDING THE BOROUGH OF KINNELON CODE, PART III, BOARD OF HEALTH LEGISLATION, BY REPEALING, AMENDING AND UPDATING ITS CHAPTERS, REGARDING VARIOUS PUBLIC HEALTH SAFETY MATTERS

 

Motion to Introduce:

Second:

Roll Call:

 

	YES	NO	ABSTAIN	ABSENT
Chairperson

 

 

 

 

 

 

 

 

WHEREAS, the above ordinance BH01-2026 was introduced at this regular Board of Health meeting held on January ____, 2026 and read by title, and passed on first reading.

 

NOW, THEREFORE, BE IT RESOLVED that at the regular meeting to be held on February ____, 2026_ at 2:00 p.m., prevailing time, at the Kinnelon Municipal Building, this Board of Health further consider for second reading and final passage the said ordinance.

 

BE IT FURTHER RESOLVED That the Borough Clerk of this Borough is hereby directed to publish the proper notice thereof.

 

 

 

Dated ______________________                       By: __________________________________

Robert Heckler, Board Chairman