Chapter 8.04
COUNTY HEALTH CODE
Sections:
8.04.010 County Health Code – Adopted.
8.04.020 County Health Code – Deletions.
8.04.030 Section 8.04.752 – Amended.
8.04.035 Section 11.15.030 – Amended.
8.04.036 Section 11.15.040 – Amended.
8.04.040 Penalty clauses adopted.
8.04.010 County Health Code – Adopted.
A. Subject to the additions, amendments and deletions set forth in this chapter, the city adopts Title 11, “Health and Safety,” of the Los Angeles County Code by reference, including all amendments thereto through June 30, 2010, and Chapter 8.04, “Public Health Licenses,” of the Los Angeles County Code by reference, including all amendments thereto through October 19, 2010, and together these provisions shall be referred to as the Gardena health code.
B. The adoption of Title 11 and Chapter 8.04 of the Los Angeles County Code does not authorize any use not otherwise authorized by Title 18 of the Gardena Municipal Code.
C. For purposes of the adoption of the County Health Code, references to the county or to unincorporated areas of the county shall mean the city of Gardena.
D. The provisions of the Gardena health code may be enforced by appropriate personnel of both the city and the county. (Ord. 1767 § 1, 2016: Ord. 1721 § 1 (part), 2010)
8.04.020 County Health Code – Deletions.
The following provisions of the County Health Code set forth in Title 11 of the County Code shall be deleted:
A. Chapter 11.19 – Alcoholic Beverage Warning Signs.
B. Chapter 11.35 – Tobacco Retailing.
C. Sections 11.38.620 through 11.38.680 – Water Conservation Requirements.
D. Chapter 11.48 – Oil Well Sumps, Sand and Gravel Pits and Similar Excavations.
E. Chapter 11.50 – Swimming Pools.
F. Chapter 11.51 – Barriers for Swimming Pools, Spas, and Hot Tubs. (Ord. 1721 § 1 (part), 2010)
8.04.030 Section 8.04.752 – Amended.
Section 8.04.752 of the County Public Health Licenses Code is amended to read as follows:
8.04.752 Posting Requirements – Penalty for Non-Compliance Documents Available for Public Review.
A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. “Clearly visible to the general public and to patrons” shall mean conspicuously posted in public view along with all other business licenses.
B. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930 of the County Code.
C. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment:
“Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health Office located at: (local office address and telephone number to be provided by the county health officer).”
D. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection of the establishment and issues a new Food Official Inspection Report.
(Ord. 1721 § 1 (part), 2010)
8.04.035 Section 11.15.030 – Amended.
Section 11.15.030 of the County Public Health Code is amended to read as follows:
11.15.030 – Eating Establishment Smoking Prohibitions.
A. It shall be unlawful to smoke in the following places:
(i) within an outdoor dining area of an eating establishment, or
(ii) within twenty (20) feet of the entrance, exit, open window or outdoor dining area of an eating establishment.
B. No owner, operator or manager of an eating establishment shall knowingly or intentionally allow smoking in an outdoor dining area, within twenty (20) feet of an outdoor dining area or within twenty (20) feet of the entrance, exit or open window of the eating establishment, provided however that such prohibition shall not apply to areas that are outside the control of the owner, operator or manager.
(Ord. 1745 § 1, 2013)
8.04.036 Section 11.15.040 – Amended.
Section 11.15.040 of the County Public Health Code is amended to read as follows:
11.15.040 – Posting of Eating Establishment Smoking Prohibitions.
Every business that owns or controls an outdoor dining area shall post one or more prominent signs in conspicuous locations to apprise users of the prohibition of smoking in that outdoor dining area and within 20 feet therefrom. If the outdoor dining area is shared with other dining establishments each business owner shall be jointly and severally responsible for the posting of the signs required by this section.
(Ord. 1745 § 2, 2013)
8.04.040 Penalty clauses adopted.
In accordance with Government Code Section 50022.4, the following penalty clauses are contained in Chapter 8.04 and Title 11 of the Los Angeles County Code and are hereby adopted:
8.04.930.1.1 – Violation – Penalty.
Violation of this chapter is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted, makes such violation a separate offense.
8.04.934 – Operating without a public health license or permit – Deemed misdemeanor – Penalty.
Violation of Section 8.04.932 is a misdemeanor punishable by fine, or imprisonment in the county jail for a period not exceeding six months, or both. Such fine shall not be more than $500.00, and shall:
A. For the first violation, not be less than $100.00; and
B. For the second and any subsequent violation, be $500.00.
8.04.936 – Operating without a public health license or permit – Injunctive relief.
Any person violating Section 8.04.932 may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is cumulative to any other remedy provided by law.
8.04.938 – Violation of injunction – Civil penalty.
Any person who intentionally violates any injunction issued pursuant to Section 8.04.936 shall be liable for a civil penalty collected by the county health officer not to exceed $500.00 for each violation.
11.02.050 Arrests for violations – Penal Code provisions adopted.
The director, and his delegated subordinates pursuant to the provisions of Section 836.5 of the Penal Code, may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any statute or ordinance referred to by Section 11.02.030. Upon making such an arrest, the director or his subordinate may release the person arrested pursuant to the provisions of Section 853.6 of the Penal Code, the provisions of which are hereby adopted by reference as part of this section.
11.02.080 Violation – Penalty.
Violation of Division 1 of Title 11 is punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Division 1 is committed, continued or permitted makes such violation of a separate offense.
11.04.380 Noncompliance with county health officer – Injunctive relief.
Any act or failure to act which is a violation of this Part 3 may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Part 3. The filing and prosecution of such an action shall, in no way, limit the authority or ability of the county health officer to enforce the requirements of this Part 3 or impose penalties or take any other actions enumerated herein.
11.20.420 Posting requirements – Penalty for noncompliance.
A. The owner of a house court, as defined in Section 11.20.110 of this chapter, shall be responsible for posting in a common area, accessible by all tenants and the general public, a placard, as provided by the health officer. “Common area, accessible by all tenants and the general public” means:
1. Posted in a conspicuous location within five feet of the main entrance of the housing court; or
2. Posted in or near the outside of the door of the housing court manager, if one exists; or
3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to all tenants and the general public.
B. The placard shall not be defaced, marred, camouflaged, hidden or removed. Removal of the placard is a violation of this chapter and shall be punishable as specified in Section 11.02.080.
C. The placard shall legibly display the following information so as to be clearly visible to all tenants and the general public entering the housing court:
“This building is inspected by the Department of Health Services, Environmental Health. All public health questions/concerns regarding this property should be directed to: (local office address and telephone number to be provided by the county health officer)
Please contact the office listed above to report health code violation or concerns. Copies of inspection reports may be requested from this office.”
D. The placard must also list the web site address and toll free telephone number for the department of health services, environmental health, housing inspection program, which shall be provided by the county health officer.
11.34.060 Certification – Application and fees – Penalty for late application.
A. Every person desiring certification as a swimming pool service technician or as a swimming pool service technician apprentice shall file with the director an application for certification, and shall then pay an application fee to the treasurer-tax collector of $110.00 to cover the cost of giving the examination and processing the application. No portion of said fee is refundable. The applicant shall pay a penalty equal to 25 percent of the fee if application is not made within 31 days after commencement of the activity. A new application fee of $110.00 shall be paid each time the applicant takes the examination.
B. The applicant shall designate upon his application, by address, the principal office of the applicant which is located within the County of Los Angeles, State of California, and if the applicant has no office within the County of Los Angeles, then he shall designate upon his application his principal office, wherever located.
11.36.770 Civil fines.
In addition to any other penalty provided for under this chapter, consistent with the process set forth herein for notice and administrative review, the department may impose a fine on persons violating any provision of this chapter or any law, regulation or standard incorporated into this chapter. The department may impose a fine upon such violators in an amount not to exceed $500.00 per violation, as appropriate. The imposition of such fines shall, in no way, limit the authority or ability to impose other requirements of this chapter or seek other remedies against alleged violators.
11.40.070 Violation – Penalty.
Violation of this Division 2 is a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Division 2 is committed, continued or permitted constitutes such violation a separate offense.
11.58.180 Violation – Penalty.
Any person, firm or corporation, or any partner or officer, agent or employees thereof violating the provisions of this chapter or of the Standards for Electrical Materials, Devices and Appliances hereby adopted, or of any of the rules or regulations adopted pursuant to this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not more than $500.00 or imprisonment in the County Jail for not more than six months, or both such fine and imprisonment.
11.62.330 Violation – Penalty.
A. A person shall not erect, construct, enlarge, alter, remove, demolish, use, operate or maintain any small dam in the unincorporated portion of the county, or cause same to be done, contrary to or in violation of any of the provisions of this chapter.
B. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.
11.64.060 Violation – Penalty.
Any person who violates any provision of this Part 1 by smoking in a posted no-smoking area, or by failing to post or cause to be posted a no-smoking sign required by this Part 1, or otherwise violates any provision of this Part 1, is guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than $10.00 nor more than $100.00.
11.64.090 Violation of Part 2 provisions – Penalty.
Violation of the provisions of this Part 2 is an infraction punishable by:
A. A fine not exceeding $50.00 for a first violation;
B. A fine not exceeding $100.00 for a second violation within one year;
C. A fine not exceeding $250.00 for each additional violation within one year.
11.64.120 Violation of Part 3 provisions – Penalty.
A. Violation of Part 3 of this chapter is an infraction punishable by:
1. A fine not exceeding $50.00 for a first violation;
2. A fine not exceeding $100.00 for a second violation within one year;
3. A fine not exceeding $250.00 for each additional violation within one year.
B. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted is a separate offense.
11.65.040 Penalty.
Any person violating any provision of this article shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred ($500) dollars for each offense or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment.
11.68.050 Violation – Penalty.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six months, or by both such fine and imprisonment.
11.86.010 Civil penalties.
A. Any operator of an underground storage tank shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 for each underground storage tank for each day of violation for any of the following violations:
1. Operating an underground storage tank which has not been issued a permit, in violation of this division;
2. Violation of any of the applicable requirements of the permit issued for the operation of the underground storage tank(s);
3. Failing to maintain records, as required by this division;
4. Failing to report an unauthorized release, as required by Section 11.76.010;
5. Failing to properly close an underground storage tank in accordance with the provisions of this division;
6. Violation of any applicable requirement of this division or any requirements of California Health and Safety Code, Chapter 6.7 or any regulations promulgated thereunder;
7. Failure to permit inspection or to perform any monitoring, testing, or reporting required pursuant to this division;
8. Making any false statement, representation, or certification in any application, record, report, or other document submitted or required to be maintained pursuant to this division.
B. Any owner of an underground storage tank(s) shall be liable for a civil penalty of not less than $500.00 or more than $5,000.00 per day for each underground storage tank, for each day of violation, for any of the following violations:
1. Failure to obtain a permit as specified by this division;
2. Failure to repair or upgrade an underground tank in accordance with the provisions of this division;
3. Abandonment or improper closure of any underground tank subject to the provisions of this division;
4. Knowing failure to take reasonable and necessary steps to assure compliance with this division by the operator of an underground tank(s);
5. Violation of any applicable requirement of the permit issued for the operation of the underground tank(s);
6. Violation of any applicable requirement of California Health and Safety Code, Chapter 6.7, and any regulations promulgated thereunder;
7. Failure to permit inspections or to perform any monitoring, testing, or reporting required pursuant to this division;
8. Making any false statement, representation, or certification in any application, record, or other document submitted or required to be maintained pursuant to this division.
C. Any person who intentionally fails to notify the CUPA or the director when required to do so by this division or who submits false information in a permit application, amendment, or renewal, pursuant to Chapter 11.80, is liable for a civil penalty of not more than $5,000.00 for each underground storage tank for each day for which notification is not given or false information is submitted.
11.86.020 Violation a misdemeanor.
A. Any person, firm, or corporation who violates any provision of this division, or who fails to take corrective action upon becoming aware of an unauthorized discharge, or who fails to comply with a notice of noncompliance within the time specified or who continues to operate a facility upon suspension or revocation of a permit shall be guilty of a misdemeanor, and the director may cause such person, firm or corporation to be prosecuted as a violator of this code. Each day that the conditions in this section continue to exist shall be a separate violation.
B. Any person, firm, or corporation who falsifies any monitoring records required by this division, or knowingly fails to report an unauthorized release, shall, upon conviction, be punished by a fine of not less than $5,000.00 or more than $10,000.00, or by imprisonment in the County Jail for a period not to exceed one year, or by both that fine and imprisonment.
11.86.030 Penalties not exclusive.
Each civil penalty or civil fine imposed pursuant to this chapter for any violation shall be separate, and in addition to, and do not supersede or limit, any and all other civil penalties or criminal fines imposed pursuant to this chapter or any other provisions of law.
(Ord. 1767 § 2, 2016; Ord. 1721 § 1 (part), 2010)