42.1.1 APPLICATION OF CHAPTER.
The provisions of this Chapter shall apply to all territory within the corporate limits of the City.
42.1.2 ENFORCEMENT OF CHAPTER.
Except where otherwise specifically provided, it shall be the duty of the health officer to enforce all of the provisions of this Chapter.
42.1.3 INTERFERING WITH HEALTH OFFICER.
It shall be unlawful for any person to interfere with the health officer in the performance of his duties.
42.1.4 PERMIT REQUIRED FOR CERTAIN BUSINESSES OR OCCUPATIONS.
Permits shall be required of the following businesses or occupations:
a) Establishments or Persons Selling, Serving, etc. Food. All establishments or persons selling or offering for sale, serving, preparing or manufacturing food in any form.
b) Poultry Markets and Slaughtering Establishments. Poultry markets and poultry slaughtering establishments.
c) Vendor of Meat, Fish, etc. Vendors of meat, fish and other food products.
d) Dairies and Dairy Products. Dairies, wholesale and retail milk distributors, milk plants, ice cream factories, cheese factories and any other establishments handling milk or dairy products.
e) Drug Distributors, Vendors or Salesmen; Exceptions. Drug distributors, vendors or salesmen; provided, however, that this subsection shall not apply to established drugstores or pharmacies operating from a permanent location, nor to salesmen dealing directly with physicians, surgeons, dentists or druggists.
f) Person Cleaning, etc. Secondhand Bottles, etc. Persons cleaning and sterilizing or dealing in secondhand bottles, glassware and crockery.
g) Swimming Pools. Public swimming pools.
h) Dumps. Public dumps.
i) Operators of Wells, Springs, etc. for Water for Public Consumption. Operators of wells, springs, reservoirs, tanks or piping from which any water is being pumped or drawn or in which water is being stored, which is being used or intended to be used for public domestic consumption.
j) Hospitals, Sanitoriums, Rest Homes, etc. Hospitals, sanitoriums, sanitariums, rest homes, convalescent homes, maternity hospitals and lying-in asylums.
k) Day Nurseries, Boarding Houses, etc. Day nurseries, boarding houses, boarding schools or other places for the reception and care of children.
l) Coil Cleaners. Beer coil cleaners.
m) Cesspool Cleaners Cesspool Cleaners.
n) Hotels, Rooming Houses, etc., Exception. Hotels, rooming houses, lodging houses or any person renting out for sleeping purposes any rooms, lodging or sleeping places; provided, however, that such permit shall not be required unless two (2) or more rooms are so rented in a given building or dwelling, except where three (3) or more persons are accommodated in any one (1) room.
o) Operators of Campgrounds, etc. Operators of campgrounds, trailer camps, auto camps or tent camp courts or spaces.
42.1.5 APPLICATION; INFORMATION TO BE SHOWN.
(Amended by O-1110; O-3071)
Each applicant for the permit required by the preceding Section shall file with the health officer, a written application therefor, which shall state the name and address of such applicant, the kind of business for which he is making application, also a description by street and number or other appropriate designation, of the location of such business, and such other information as may be required by the health officer.
42.1.6 INVESTIGATION AND CONSIDERATION OF APPLICATION; GRANTING OF PERMIT.
If, after investigation and the consideration of such application and all proper matters in connection therewith, it shall appear to the health officer that the statements made in such application are true, that the premises and vehicles conform to the requirements of this Article and other laws applicable thereto, and that the applicant has complied with all laws, provisions of this Code and other ordinances of the City regulating such business, the health officer shall grant the permit applied for.
42.1.7 SUSPENSION OR REVOCATION; GROUNDS GENERALLY; OPERATION OF BUSINESS AFTER ACTION TAKEN.
The health officer shall have the power and authority to suspend or revoke any permit granted under the provisions of the preceding Section, at his discretion upon proof to his satisfaction of any violation by the holder of any such permit of any law, provision of this Code or other ordinance of the City. Any person who operates or conducts any business in the City during the time when his permit shall have been suspended or revoked shall be guilty of a violation of the provisions of this Chapter.
42.1.8 HEARING PREREQUISITES; SERVICE AND CONTENTS OF NOTICE.
No permit required by Sec. 42.1.4. shall be suspended or revoked until a hearing shall have been held by the health officer on the matter. At such hearing, the permittee may be present.
Notice of such hearing shall be given by the health officer, in writing, and served upon the holder of the permit, not less than five (5) days prior to the date of such hearing. Such notice shall state the ground of complaint against the permittee and shall also state the time when and the place where such hearing will be had. Such notice shall be served on the permittee by delivering the same to him, his manager or agent, or to any person in charge of or employed in such business, or by leaving such notice at the place of business or residence of the permittee with some person of suitable age and discretion.
If such notice for any reason shall not be served as provided for in this Section, then a copy of such notice shall be mailed, postage prepaid, addressed to the permittee at his place of business or his last known residence, not less than five (5) days prior to the date of such hearing.
42.1.9 PERMIT; EXPIRATION; RENEWAL FEE.
The permit required by Sec. 42.1.4. shall be valid from the date thereof, until revoked or suspended as provided for in Sec. 42.1.7. or unless the holder of the permit changes the location of his place of business, or sells, or otherwise disposes of such business, or ceases for a period of thirty (30) consecutive days to carry on such business, or materially changes the character of such business. Upon the expiration of any such permit, and within seven (7) days thereafter, the person conducting or operating such business or vehicle shall apply for and secure a renewal thereof in the same manner and upon the payment of such fee, if any, as may be required by this Code or any other ordinance of the City.
42.1.10 POSTING PERMIT.
Each permit granted under the provisions of the preceding Sections shall at all times be kept posted and displayed in a conspicuous place in or about such place of business, premises or vehicles.
42.1.11 OPERATING WITHOUT PERMIT.
It shall be unlawful for any person in any way or manner to engage in, conduct or operate any business named in Sec. 42.1.4. without first having applied for and received a permit in writing so to do from the health officer.
42.1.12 PERMIT PREREQUISITE TO ISSUANCE OF BUSINESS LICENSE.
(Amended by O-3071)
No license required by Division 3 of this Code shall be issued to any person owning or operating any business which is required to have a permit under Sec. 42.1.4., unless such permit shall have first been granted by the health officer. It shall be the duty of the health officer, immediately upon the granting of such permit, to forward the same to the person making application therefor and to file with the Revenue Administrator a duplicate copy thereof.
42.1.13 REQUIREMENTS AS TO SALE AND DISTRIBUTION OF MILK, CREAM AND DAIRY PRODUCTS.
It shall be unlawful for any person to sell, offer for sale or distribute or to cause or permit to be sold, offered for sale or distributed, in the corporate limits of the City, or for any such person, other than a carrier for hire, to bring into, or cause or permit to be brought into, or to receive in, or cause or permit to be received in, the corporate limits of the City, for the purpose of sale or distribution therein, any milk, cream or dairy product for human consumption, any portion of which milk, cream or dairy product shall have been obtained from any cow or any goat, infected or afflicted by or with tuberculosis, or reacting positively to any tuberculin test.
The abovementioned tuberculin test shall be made by any person designated by the City Council, by resolution or otherwise, or tests made by the livestock inspector of the County, or his duly authorized representative, shall be received in any court of competent Jurisdiction, and particularly in the City Court as prima facie evidence of the contents thereof and of the truth thereof. In the event the City shall make a contract with the County to enforce the health laws of the City, the officer therein designated to enforce the same shall be the person designated and authorized to make such tuberculin tests. Such tests may be made by any other competent person.
42.1.14 Repealed by O-3029.
ARTICLE 2 - INSPECTION OF POULTRY SLAUGHTERED, DISSECTED OR DISMEMBERED IN CITY
(Added by O-616; Amended by O-762)
42.2.1 RIGHT OF LICENSEE TO HAVE INSPECTION PERFORMED BY CITY HEALTH OFFICER.
Every person having a valid, unrevoked license to slaughter, dress and retail poultry, issued by the City, may elect to have all or any portion of such poultry inspected by the City health officer
42.2.2 NOTICE TO HEALTH OFFICER.
Persons desiring the health officer to inspect the slaughtering, dissection or dismembering of poultry shall give notice to the health officer not less than twenty-four (24) hours before such inspection is to commence. Such persons shall then notify the health department at the end of the first and each succeeding working day on which inspection is desired, of the time on the following day when such inspection should be commenced, such notice to be in lieu of the twenty-four (24) hour notice required by this Section.
42.2.3 LABELING, IDENTIFYING OR STAMPING REQUIRED; TO BE DONE IN PRESENCE OF HEALTH OFFICER.
Each dissected primal part or piece of slaughtered, dissected or dismembered poultry inspected by the health officer, or each sealed package inspected by the health officer, shall bear a label, identification or stamp, approved and authorized by the health officer, except that factory or plant packaged dissected poultry need not have each part or piece individually stamped when the package itself bears the official stamp. Such stamping or identification, as provided above, shall be done in the presence of the health officer.
42.2.4 UNAUTHORIZED LABELING, ETC.
No person shall place any label, identification or stamp on any piece of dissected or dismembered poultry, or package thereof, or in any other way indicate that such poultry has been inspected by the health officer, unless the health officer has inspected such poultry as provided in this Article and approved of the label, identification, stamp or other indication so used.
42.2.5 AGREEMENT AS TO TIME OF INSPECTION; EFFECT OF FAILURE TO AGREE.
The days and parts of days during which the inspection of slaughtering, dissecting or dismembering poultry may be done shall be fixed by agreement between the person requesting the inspection and the health officer. In case of failure to agree, the health officer shall designate the time at which such inspection shall be done.
42.2.6 TO BE INSPECTED BEFORE DISSECTION OR REMOVAL OF HEADS.
The health officer shall inspect all poultry presented for inspection before dissection and before the heads have been removed.
42.2.7 CONDEMNATION OF DISEASED, INJURED, ETC. POULTRY.
The health officer shall follow accepted inspection practices and shall condemn all diseased, injured or emaciated poultry which are presented to him for inspection.
42.2.8 SALE, ETC., OF CONDEMNED POULTRY FOR HUMAN CONSUMPTION PROHIBITED.
It shall be unlawful for any person to sell, contract to sell, give away or otherwise dispose of any poultry for human consumption which has been condemned pursuant to Sec. 42.2.7.
42.2.9 INSPECTION FEE.
In addition to all other fees required by this Article, other provisions of this Code or other ordinances of the City, within ten (10) days after receipt of a bill therefor, the person requesting the inspection by the health officer of slaughtered, dissected or dismembered poultry shall pay a fee of Two Dollars ($2.00) per hour for the time the health officer is present at such person’s slaughterhouse on official duty.
42.2.10 TRAVEL TIME.
In addition to the inspection fee, provided for by the preceding section, the person requesting the inspection, as required by the preceding section, shall pay for all time spent by the health officer in traveling to and from the slaughterhouse at the rate of Two Dollars ($2.00) per hour, and, in addition thereto, seven (7) cents per mile, both ways, for such travel.
42.2.11 METHOD OF COMPUTING INSPECTION FEES AND TRAVEL TIME.
Travel time and mileage required to be paid under the provisions of the two preceding sections shall be computed from the health officer’s headquarters to the slaughterhouse and return to such headquarters.
42.2.12 PRORATION OF CHARGES.
Whenever two or more slaughterhouses operate under the provisions of this Article at such times and places and in such manner that the health officer can inspect and supervise their operations on the same trip, the charges for mileage and travel time may be prorated between the proprietors of such slaughterhouses. The health officer shall designate the route of travel to be followed, regardless of whether the inspection is made by him personally, or by one of his agents acting as the inspector, to and from the slaughterhouse and shall apportion the mileage and travel time charges as provided in this Section.
42.2.13 EFFECT OF FAILURE TO PAY CHARGES; SUSPENSION OF LICENSE; INTEREST.
The health officer shall suspend the slaughterhouse license of any person who fails or refuses to pay any inspection travel time or mileage fees. or any part thereof, required by this Article when or before due and payable, until the whole sum due, plus interest from the past due date at the rate of seven (7) percent per year has been paid.
42.3.1 DEFINITIONS.
a) Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this Article, have the meanings indicated in this Section:
b) Place includes land, a place, a building or a structure.
c) Possess includes control, own, lease, occupy, possess or have charge or domination over.
d) Rodents means rats, mice, gophers and ground squirrels.
42.3.2 INSPECTION GENERALLY; HOURS OF INSPECTION OF DWELLINGS, HOTELS, ETC.
The health officer of the City may inspect all places for the purpose of ascertaining whether they are infested with rodents and whether the requirements of this Article, as to their extermination and destruction, are being complied with. However, no building occupied as a dwelling, hotel or rooming house shall be entered for inspection purposes, except between the hours of 9:00 A.M. and 5:00 P.M.
42.3.3 ACCUMULATIONS OF RUBBISH, WASTE MATERIALS, ETC.
No rubbish, waste or cast-off materials of any kind shall be placed, left, dumped or permitted to accumulate or remain in any building or place, or upon any premises, so that they may afford food or a harboring place for rodents.
42.3.4 REMOVAL OR STORAGE OF BOXES, LUMBER, PAPER, ETC.
All boxes, lumber, paper and other materials in buildings, places or premises shall be removed or shall be stored or piled so as to eliminate rodent harborage.
42.3.5 MAINTENANCE OF SHEDS, COOPS, BARNS, ETC.
Sheds, coops, hutches, barns and similar buildings shall be so maintained as to avoid and eliminate rodent harborage.
42.3.6 BUILDINGS, ETC. TO BE KEPT IN CLEAN AND SANITARY CONDITION.
All buildings, places and premises shall be kept in a clean and sanitary condition, and free from rodents.
42.3.7 BUILDINGS USED FOR HUMAN HABITATION TO BE RATSTOPPED, ETC.
All buildings used, or intended for use, for human habitation or occupancy shall be ratstopped by such maintenance and repairs as are necessary to eliminate or prevent rodent infestation.
42.3.8 RODENT EXTERMINATION BY TRAPPING, POISONING, ETC.
Rodent extermination by trapping, poisoning or other suitable means shall be diligently done to eliminate rodent infestation in any building or on any premises where evidence of rodent infestation is found.
42.3.9 ARTICLE NOT APPLICABLE TO LAND USED FOR AGRICULTURE; EXCEPTION.
Nothing contained in this Article shall be construed as applying to land used primarily for the production of agricultural or horticultural crops or the raising of livestock, poultry or rabbits, unless such land or the adjoining land is infested in whole or in part with rodents.
42.3.10 MAINTENANCE OF BUILDINGS, ETC. SO AS TO PREVENT BREEDING OR HARBORING OF RODENTS.
It shall be unlawful for any person within the City limits to maintain any building, lot, premises, vehicle or any place in such an unsanitary condition as to permit the breeding or harboring therein or therefrom of rodents. Any place so infested and maintained shall be deemed a nuisance.
42.3.11 PEST HARBORAGE.
(Added by O-933; Amended by O-959)
No person shall occupy or maintain, or cause or permit another person to occupy or maintain any building, lot, premises, vehicle or any other place in such a condition as to permit the breeding or harboring therein or thereon of fleas, bedbugs, cockroaches, lice, flies, mosquitoes or any other vermin.