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HomeMy WebLinkAbout1970-02-03; City Council; 3078; Adopt county health & sanitation codedr TITLE 6 HULTW AND SANITATION DLVISION 1 -FOOD w/ 2! CHAPTER f Repealed & new Chapter 1 Added by Brd, XO. 2443(N%) EE. 12-7-62 L a 61.100 ... . ... , I. PREPARATION AND DISTRIBUTION OF FOOD ARTICLE f DEFINXTIONS AND GENERAL PRQVfSIONS Sc, 61.100, COUNTY REGULATIONS MORE STRICT TUN +was the following regulations and standards, under the authority of toa 28693 of the CaWornia Restaurant Act, and finds that they are e strict than those of the California Restaurant Act. at shall enforce the provisions OS this division as well as the :,&*aORNIA RESTAURANT ACT. The 3oard of Supervisors hereby 4- The Health %darda RestauraQt Act, Sac. 61 , 181. DEFINITIONS. d hay word or phrase hereinafter used and not herein defined shall &yea the meaning estabtishgd for such word or phrase by the :dmda Restaurqut Act or, if not there defined, the common and "@%z'Y meaning required by the context in which it is used. '*%fikd to them in this article: Whenever chapter the following terms are used they shalt have thk meaning ' fa) ''APPROVE**, 11APPROVED" or ttAPPROVALIV means the *%*a[ of the Health Officer, or the State Department of Public Health teattlt of teste OF investigations or by reason of accepted principles @ health and sanitation. . "CALIFORW RESTAURANT ACT" means Chapter 11 of *bx 2i of the Health and Safety Code of the State of California. *, f~j "ESTABLISHMENT$' means any restaurant; itinerant restaurant; '*aaBg vehicle; vending machine, other then a vending machin ' &feP~R~es wrapped nonperishable solid foods or which dispen i \ 61,101 bottled OF canned Liquid foods or beverages other than mi&, milk products or other perishable foods or beverages, sively dispenses peanuts, wrapped candy, chewing &~m or ice, pet shop; food market; meat or fish market; bakery; ~oafs~-~ delicatessen; food or potable Liquid packing or bottling pbm; room used to prepare any food or beverage product wktsoersa dispensed by machine, whether or not such food or beverage perishable and whether or not such dispensing machine io a %B machinelf as defined in the California Restaurant Act; tempstaff permanent food OF beverage concession; winery; package uQwp or any other place in the County where food or beverages are for sale, sold, stored, distributed or displayed Par sale. wk Vstablishmenttf does n0.t include a wholesale delivery tmF exclusively to transport previously inspected and packaged, a,* bottled hods or beverages, or any combination thereof, and & include a retaiL delivery truck used exclusively to traaspon pze inspected and packaged, canned or bottled milk, water or gr~s ~r ~QY combination thereof; tsestablishment" does include aey w OT retail delivery truck transporting any good or beverage prM- other than or in addition to the aforementioned types of prodwra (a) ttFOOD OR BEVERAGE" means %oodP*, as defiued Sm i 26450 of the California Health and Safety Code, * (e) "FOOD VENDING VEHICLE" means any vehicle as && Section 690 of the Vehicle Code, or any mobile unit howsoevat ' lspogh or from which any food or beverage is vended, disph~ed given away. (f) ttHEALTH OFFICERtt means the Director of PubUt any regularly appointed sanitarian or employee of the De- Public Health. (g) lrPERISHABLEtI means, with respect to food and bewT products, those products which support or are conducive to be ob pzthogenic micro -organisms; perishable food and beverage f- include but are not limited to fresh, cured, prepared or Pat3d;- OT meat products, seafood or sezfood products, custard andBa' pies and pastries, wrapped or tarnwrappad sandwiches, sah** mik or milk products, (h) lrPERMITtt means the public health permit. (i) VROVIDED BY LA Wvf means authorized or require' ' code, the rules of the Board of Heatth, the California ResusA- and other applicable State lawso and the rules QP regulation' '' Department of Public Health, T' 1 w 61.101 0 (~~zETASL DEUVERY TRUCK9' means any vehicle used for the w* ,-~OIX of food OP beverage products which is not a wholesale <qq truck as defined herein, and includes a vehicle used to service * *.q ~ehiaes i p! *bas promulgated by the County Board of Health and approved by r.js *'RULES OF THE BOARn OF HEALTHt* meant rules znd geab of Supervisors, 3 % *WHOLESALE DELIVERY TRUCK" means a vehicle that delivers Ig beverage products from a producer or distributor to a consumer, ' %:Br or wholesaler purs~ant to orders thershrr praviouuly obtained; ,.kmtet deUvery truck does not inclnda a vsh5cle from ;qrp@ directly by a driver, salesman OB: other ~~PSOZR, kc, 611.102. ACTS PROHIBITED, It is unlawfull for any person to act herein prohibite& to maintain any estabfishment contrary to 3~e4~~~s ob this chapter; or $0 sell, offer for sale, bargear, trade 2.g* away any food or beverage, or permit the same to be done, with- zsma'tying with the requirements provided by law in connection "a, 4 hu 61.103. NUISANCE--POWER OF HEALTH OFFICER. Any *meat OF activity which is found by the Health Officer to be ry or a menace to the public health or which is in violation of $+&$or or of the California Restaaxa3.t Act is declared to be a tdsauce. The Health Officer is acthorized and empowered to - *%& ;retion as is necessary to abate the nuisarace. In the event EFaediate action is necessary t0 preserve or protect the public 2% Of rafety, the Health Officer is authorized and empowered to =Jdty abate such nuisance by any reasonabte means; otherwise, .%!& Officer shall inaugurate proceedings in accordance with sm gl*li6 of this code or shall s&k a court order abating the "**e- Nothing in this code contained shall be deemed to limit the '' -4 duty of the Health Officer to take immediate action in the *W@ Of the public health, safety and welfare. The remedhs ***ad by this section are not exclusive, but are cumulative to '* rarwQdios provided by law. _n 41. 104. ENFORCEMENT OlEpFICER-AUTHORITY-INSPECTION, h Officer is authorized 2nd empowered to enforce the provision "* &dsion and to inspect such activities as are regulated in this the purpose of determining health conditions of such I* No person shall obstruct OP interfere with the Wealth Officer - **rmance of this duties. * 61,110 ARTICLE 2 PUBLIC HEALTH PERMIT Sec. 61.1% 0. PERMIT REQUIRED. No perison shall sell, sale, barter, trade or give away any food or beverage and permit the same to be done, from any establishment ualese Sua establishment has a valid public health permit, wtiich perdt been revoked or suspended.. e Sec. 61 . 11 1. APPLICATION FOR PERMIT. Every person for a permit shall file with the Health Department a written qpuc which shall set forth the name and address ob the applicant; a &coz of the premises wherein or whereon it is proposed to conrfuct establishment; the type and nature of the establishment propose& such other information as the Board of Health by rule may reqdtrar Every applicant for a permit shall pay to the Health Officer the inspection fee established by thiB chapter at the time of making pG app licatioa. Sec. 61. P B 2. INVESTIGATION BY HEALTH OFFICER-GU?; DENIAL OF PERMIT. Upon the filing of the application and tba p ob the required fee, it shall be the duty of the Health Officer to iav gate the information contained in the application and the sanitary z tions of, in, and about the establishment, and to determine whet& not such establishment conforms to the requirements of this cbp the GaLifornia Restaurant Act, the rules of the Board of Health as rules aread regulations of the State Board of Health. The Health OE shall grant the permit if such establishment is sanitary and does Q with such laws and such rules and regulations; otherwise, he such application. The Health Officer shall send, deliver or @- '% 'notice of suchgrant or denial to the appficant within five (5) days following such grant or denial. A permit for which application $3 pmsuant to this chapter may be granted at any time during the 'F Sec. 61, 113. APPEAL FROM DEMAL OF PERMIT. 19 Pm' aggrieved by the denial to him of a permit may appeal from Sacb ' to the Board of Supervisors in the 'm,knner set forth in SectiQa Sec. 61.114. GRANTING AND REVOCATION OF A permit shall be granted only on the exppess condition tbt it to revocation or suspension upon a showing satisfactory to the Officer of the violation by the permittee, his employee, sermd @' agent, or any other person acting with his consent or under @- of any provision of this chapter, the Catifc-rnia Restaurant A=** rb ir &,* the Board of Health, or rule or regulation of the State BOad* 1 61.115 .L 51.115o SEPARATE PERMIT FOR EACH BUSINESS. A separate rball be reqdred Sor each place os business, concession, or by permittee. I 61.11 6. ANNITA L INSPECTION FEE. Every per son applying rdt under the provisions cd this division shall at the time of Bpplication for the permit pay the following annual inspection c - -4 ror each estabbbmeat, other than a vehicle or vending -chine, a fee based on the average number of employeep &ring the preceding year opt, if in the opinrio-a of the Health Officer said average number does not reflect the number of employees during the year for which the permit is sought with reasonable accu~acy, the estimated average number of employees. 1 to ~Oem2pk~~ees............$ 10.00 11 to 99 employees. ............ 100 or more employees. ...... ;100.00 LOO per employee For one or two vehicfes under the same ownership &ad operating out of the same estabLishment. ...... .$lo. 00 For each vehicLe in excess of two under the same ownership and operating out 0% the same establish- ment.. ......................................... 10.00 For each vending machine dispensing milk, ice cream, or milk products or other kinds of perishable foods or beverages, or dispensing W-bottled or uncanaed liquid foods or bev wcepting vending machines which dispen wrapped, nonperishable, non-fiquid food products. .. 2. For each duplicate permit replacing a permit pre- viouslyissued ................................... 2.00 - For each smorgasbord of bdfet-type self -service restaurant, in addition to a11 other fees. ...... LY case where the applicant has failed for a period of 30 days RJ application and obtain the permit required by this chapter, dl he added to and collected with the insp ion fee a penalty 10 percent of the fee OF one dollar ($1.00 ichever is the and for each additional month or fraction of a month after the of said 30 day period that the applica t ..... .I .......... - 1 e 61.116 application and obtain such permit, there shall be added to and with the inspection fee an additional penalty equal to 10 percent inspection fee; provided, however, in no event shall the total p+ to the inspection fee pursuant to this section be more than 6OPc the inspection fee. The imposition or payment of the penalty im by this section shall not prevent the imposition of any other pea prescribed by this chapter or a criminal prosecution for violgtig this chapter. Institutions exempt from real property assessme@ taxation are exempt from paying the fees established by this &vx RENEWAL OF PERMIT-10 PERCENT PEUi DELINQUENCY, A permit issued pursuant to this chapter shall on the 3Bst day of December of the year for which it is issued a. such permit shall be renewed annually. Application for the rea@ shall be made to the Health Officer, At the time application is T~ shall be paid to the Health Officer tbe annual fee prescribed by E 61.114, which annual fee is due and payable January 1st of aac? The annual fee, if unpaid, is delinquent January 31st at 5:OO P.3- the date it is due and thereafter a penalty shall be imposed in thc prescribed in Section 61.116, Sec. 61.117. Sec. 61.118. PERMIT MOT TRANSFERABLE, A permit Sc transferable from one person or one place to another, and shall deemed voided if removed from the place or location specified i%r written application and in the permit, SeC. 61.119. SCORE 80 PERCENT-ALP,HASETPCAL GRAD The Board of Health, by regulation, may adopt a score card for ' grading of establishments undergoing inspection, No permit 6h3 issued to any establishment scoring less than 80 percent on the g card. Each establishment shall maintain standards of sanitation health sufficient to score 80 percent OR the score card at all tins If upon inspection any establishment shall fail to attain a score 0' percent, due written notice shall be served on the applicant for $2 permit. The notice shall list the deficiencies and state that such deficiencies must be corrected within 30 days, at which time a f- tion will be made. An establishment failing to comply with the * notice, or failing to attain a score of 80 percent on the reinspecti shall immediately close and remain closed until a score of at lea percent is achieved on a reiaspection by the Department. The Health Officer shall issue an alphabetical grade card to restaurant inspected, which grade card shall be displayed at dl while the restaurant is open to the public. Restaurants scoring percent or more on the score card shall receive an PIA'* grade Cor those scoring 80 to 89.5 percent shall receive a rfgfc score card; those scoring below 80 percent shall receive a "Cft score card- 61.12. I ->@%- 61. 120. PERMIT AND GRADE CARD TO BE POSTED. Every and/or alphabetical grade card issued shall be kept posted ---. lsssp~cu~~s place in the establishment for which the permit is issued, 7~ Officer shall prescribe the location in or on the establishment -&!A a ltlchpermit and/or grade card shall be kept posted, The alphabetical -~ Gard shall not be defaced or marred, or camouflaged or hidden so as 24c. 61.121, PERMIT FOR SALE OF FRUITS, VEGETABLES, AND a PRODUCE BY BONAFIDE FARMERS. All farmers or ranchers may the general public from observing it, 3 fruits, vegetables and iakn produce actually produced on their farms or property; a permit will be issued therefor without ys* ;% pduce to be sold or distributed is complied with, that the sale r:ribution of such produce or food is not made or done within the -* . sf way of any public street or highway in the County, and that the that each and every provision of this code regulating the . R is sold from the property on which it is grown. &L& fruits, vegetables or farm produce may be displayed on and I 8" an open stand located on the property on which they are grown, ,-&d such open stand is maintained in a clean, sanitary manner. 3 =;pen stand located on the property on which such fruits, vegetabl ar;tch a permit has been issued pursuant to Section 61.112 or as a %rate stand for which a permit has been issued pursuant to this section., -~ysmaty be displayed and sold at such open stand provided it is produced -.?.e property on which such stand is located, (Amended by Ord. No. *:3.u.,S.) Eff. 9-19-63) k. 61.123. SUSPENSION OR REVOCATION OF PERMIT. The Director k Health shall order that a hearing be held, with himself as hearing Permit or his employee, servant or agent, or any person acting with *ring pursuant to this section and any order of suspension or revo- &ki 11.11'7 of this code. *' 61. 124. NOTICE OF HEARING. Upon the determination that a be held pursuant to Section 61. 123, the Health Officer shall PtelY send to the permittee a Notice of Hearing, which shall substantially as follows: , 1 1) f 0 WOTICE OF HEARING . Tot (name and address of permittee) The actions or inactions complained of are as f "Be prepared to present evidence and w&hesaes on your &h this bearing if you so desire+ You may be represented by legat Your failure to appear will not prevent ths, i86UanCe of an order suspension or revocation should such order appear justified by ?h evidence presented, 81 See, 61,125, HEARINGrRULES AND PROCEDURE, Tbc fd rules and prucedures shatt govern bearings held pursuant to this (a 1 The Dir disqualification IC Health to act as beari either on his own motion or that of the permittee acceded ia by . Director, any member of the Board of Health may act as hearfog The sole grounds for disqualification are financial interest, bh prejudice; prior knowledge of facts alone doe8 not constitute bios %r*r prejudice. c (b) Time: The hearing date shall be no less tbn IO and tthara 30 days following the date on which notice thereof was setit a permittee, . zw*++ - (c) Continuance: The hearing officer may order such conti 01 continuances as he deems necessary and properr shorthand reporter or any other method cf reporting the hearing permittee may furnish such at his sole and nonreimbursable a*' expense if he ao desires, c (d) Transcript of Hearjngt The Coune is not required 90 fgE @ (e) Waiver of Irregularities: Any procedural OP evident- irr@gUlaritics in the hearing are deemed 00 be waived unleSB o52lp e 65.125 ;hereto and a specific ruling requested thereon. :indings: Specific findings, including a finding that the public dety and welfare are subject to a clear and present danger, may but are not required, If specific findings are not made the afficer shall make a general finding that the actions or inactions red of, as set forth in the Nptice of Hearing, are true or untrue, such actions or inactions do OP do not constitute a violation ,adition set forth in Section 61,1114, Decision and Order: If the hearing officer finds that the actions ~ons complained of are untrue he shall order that the proceedings nissed, If the hearing officer finds that the actions or inactions sed of are true, and that a Violation as aforesaid has occurred? order either that the permit be suspended for a period not to six months or that the permit be revoked, earing officer shall be final unless an appeal is taken pursuant to 61.126, The decision and order Modification or Rescission of Order of Suspension: If the ; afficer orders that the permit be suspended for a certain period, -mittee may subsequently petition for the modification or rescission mtdcr of suspension and the reinstatement of the permit. g officer, in his discretion, may grant or deny the petition; or he eat the petition subject to the condition of the imposition of a zonary period, during which period any Violation by the permittee coodition set forth in Section 61,114 is grounds for summary *boa of the permit for the remain8e-s of the period established by -@%a1 order of suspension, and is also grounds for the institution aroceedings for suspension or revocation of the permit. Beating officer with respect to such petition is final, and no ;*ttative appeal shall Lie therefrom, The The order 2 'Probation: If the hearing officer orders that the permit be suspended qW he may, in the interests of justice and equity, further order a order of suspension or revocation be stayed and the permittee be %@a probation for a period not to exceed three years. The hearing v*aY grant probation on such conditions as he deems to be fair and wQf& If the permittee is dissatisfied with the order of probation, conditions thereof, he may reject the offer of probation in ' "%sot the order of suspension or revocation shall become Linal; if *'mittee is satisfied with the order of probation he shall indicate such * rad his agreement to be bound by the terms thereof, by affixing %?? . the charge by the Health Officer of the violation by the permittee tion of probation a hearing shah1 be held pursuant to this section, e 'I. 61.125 limited to the issue of whether QT not such condition was in fact bt* Eb it is found that the condition was breached the original order Of sion or revocation shall be forthwith enforced, and probation io x~ matter shall not be granted again. Upsn the petition of the permittee for termination of probaQa ;pt-& release from the conditions thereof, the rules and procedure8 by Subsection (h) hereof shall apply except that the hearing officer either grant or deny such petition and shall not impose any such grant or denial. Sec. 61.126. APPEAL. Any permittee aggrieved by the dCCE or the order of the hearing officer or by the denial of an applieacw a health permit may, within 15 days of the date of the written an ment of the decision and order OF of the denial, appeal to the ~0%~ Supervisors. Suc the Clerk to the B of Supervisors within said 15 days a notic* appeal which sets forth the Notice of Hearing and the decision a36 of the hearing officer. The Clerk shall present the notice of appa;& the Board of Supervisors at their next regular meeting, at which the Bsard shatl set the matter for hearing de novo at the earliest &r possible in light of its regular business, peal shall be effected by depositing in the &zLCs See. 61,127. APPEAL-RULES AND PROCEDURES. The fo3m rules and procedures shalt govern appeals pursuant to this chapter- (a) Effect of Appeal: Upon the filing of the notice of appeal 2ke of the hearing o%€icer shall be stayed unless the hearing officer )".*a that the public health, safety and welfare are threatened, in wbfck E,* the Director of Public Health shall make order or orders as are to safeguard the public health, safety and welfare. the appeal the order of the hearing officer shall in that case also stayed, otherwise it shall not be stayed. 1, *I If the permiE@P in writing to comply with such order or orders pending the oUtCO.+ -$# * (b) Hearing De Novo: The Board of Supervisors shall bold J at which time the Health Officer and the permittee may all relevant evidence, whether or not such evidence wa the hearing officer, and may make oral arguments. Supervisors is .not bsund or iimited in any way by the evidence bepls4" the hearing officer, although it may consider such evidence, or The Boardd lings, findings, decision or order of the hearing officer, (c) Continuance -Transcript -Irregularities -Finding8-Decisz Order-Modification of Order-Probation: (e), (a), (e), (f), (g). (h) and (i) of Section 61,125 apply to heariZg* conducted pursuant to this section; provided, that in the hearing* The provisions of *. c 4, to this sectism the Board OP Supervisors shall exercise -,*gls given to the hearing officer by said Subsections of Section ,I -3 further pro6ded that the decision and order of the Board of - 9% w;d.Is shall be final fQr all purposes. ARTICLE 3 GENERAL REGULATIONS * 61.130. RECOGWIZED &SPECTION SERVICE, No person astribute, offer for sale, vend or give away any manufactured food or beverage product irn the County other than the product Health Department Inspection Service recognized and approved o*s5tishmeat that is reguhrty inspected by the Health Of€icer or a *rector of Public Health. $g* 61.131. FOOD TO BE COVERED. *pf~t sale, or cause or permit to be sold, exposed, or offered for 3 &a County any article of food prepared or intended for human -?+&a, which article of foad is smoked, cooked, dried or otherwise sd rad intended for human consumption without further cooking, ox. other preparation, urafess such article of food is covered or ea-3 by glass or some other approved substance or material in such -*P as to prevent the handling of such article of food by any person rbse the person selling, offering OF exposing such article of food for wd to prevent such article of food from coming in contact with any -rt~us, unwholesome or unhealthy substance or material; provided, W, that the provisions of tus section do not apply to food uncovered jtcacees of preparation, or to food uncovered for display for %fd consumption on the premises where steam tables or other .*.s! service tables are in use and are properly protected from z**ome or unheaLthy contamination as provided in this division * fiEfornia Restaurant Act, '% 61.132. REFRIGERATION OF PERISkABLES, All perishabie %d beverage products shall be refrigerated at a temperature of No person shall sell, expose, & / than 50 degrees Fahrenheit from the time such food or beverage manufactured, processed or otherwise made suitable for "asumption until such time as such food or beverage products +isaged or served to the consumer. All packages of perishable $everage products shall be conspicuously labeled "PERISHABLE-- ~FRIGERA T ED?', Q* QL 133, COMMUNICABLE DISEASE, NO person, proprietor, 'ar *hall any person work, ia any establishment, who is affected '* r*Rlmuaicable disease, It shall be the duty of all owners, of an establishment shall require or permit any person to 6%. 133 proprietors, or managers to report to the Health Wicer any afflicted with, or reasonably suspected of being affiicted with, diseaseo smallpox, diphtheria, scarlet fever, dysentery, meBfsrF nxmps, German measles, tuberculosis, typhoid fever, any other infectious OF contagious disease, whereupon it shall duty of the Health Officer to examine or cause to be examiaed Ip person afflicted with or reasonably saspeeted of being af€flicted wbz% of the abovementioned diseases zad said person shall no longer "ea* permitted to work in any establishment where food is haadled, ptac.;o sold or distributed. I Sac. 61,134. LIST OF EMPLOYEES, All CW*EV=FS, propsja,act ,+ mamgers of establishments shall keep an accurzt-te and comp1e:s :+% sf sBB persons employed iodacetimg the pkysical descriptiac of, duties performed by, each employee, A copy cf the Est &a11 & to the Health Officer and aha88 be kept cszslaat8.j up to date, by 9 proprietor or manager. See. 61.135. EMPLOYEE CLOTHETG, Persacms empkyc.? :% establishment for serving, preparirxg 0:: Famd%iarg food for tum;n cozsumptioa, or hmdEinag food utensils, sblE wear xxxiborms, cis aprons which are mads of washable material and kept clean at ail Sec. 61,136. LIGHT, VENTILATION AND PLUMBING. 3" establishment sHaE? be properly lighted, drained, ventilated aaC with adequate plumbing 2nd sanitary dnGnage, as provided by la*- Sac. 61,1137, FLOORS, WALES, GEHUNGS A&j IDRAlhTBS T'k fh~irs of every establishment shall be smo~ttr md cleazzblt, @ and in a cleans sanitary condition at all times. sbll be smooth, sound and cleanable and shaH1 be kept painted paint OF other approved finishing material and mai-ined in and in a clean and sanitary condition, In the pr~xi~ty of sinks* stovesp ranges 81- other equipment where water, grease or other likely to be splashed, walls shall be constructed o€ tile or &*s approved material to a sdficient height thoroughly to protect mif provided, the backs of stoves may be flagbed with metal. DdG%** shall be made or constructed sf metal, tile or approved subStitGxa use of wooden drainboards or wooden dre&&~ards covered with * is prohibited. Food preparation and utensil washing areas $IsE1 * paizbted with light colored oil paint QP enamel, be of g0od quality nonabsorbeat material azd sb%Z be kept in g~"- J $*+pi- The walls and C . I 61.138 . sTsrlfd or prepared; an anteroom not less than 18 square feet in ** $P k ~~~ with a solid door and ventilated to the outer air, shall be I jaweea the toilet and the other rooms of the establishment. The 311 anteroom shall be not less than four feet from the entrance room. Every establishment shall be equipped with a water hand basin with hot and cold running water, hand soap, ,,3b28 single-use hand towels, all of which shall be located qu,lecz:~y close to rooms used for food handling purposes. Whenever ss sare employees work in:the kitchen of a restaurant, there :ovided a hand basin equipped with hot and cold running water, -&A@ 3 *sq and single-use hand towels in such kitchen. Toilet facilities 2:dye~s shall be located convenimtly on the premises; where e.p+ five or more employees not all ~f whom are the same sex, e. d k&et facilities shall be provided for each sex. 61.139. GARBAGE CANS, Every establishment shall be pro- i*i~h garbage and trash cans with fly-tight coversp made of metaL or &*roved material, for disposal of vegetable trimmings, food scraps *w4r refuse. A sufficient number ob cans shall be available to s* averloading, and tight fitting covers shall be kept in place at all % Garbage and trash cans shall be maintained in a sanitary condi- && PD good repair, and shall be cleaned at such intervals as the P':Reat may direct. Garbage and trash cans placed outside of the ,*hent shall be located on smooth, washable concrete or some 2 Izadation approved by the Health Qfficer. Where there is an -P* ssf vegetable trimmings or other waste material subject to =-*weition, a fly-tight screened room shall be constructed of -m stre of not less than 14 meshes to the in& and all such excess tarial shall be kept in said screened mom until removal from -**Z%fSeB. 4 *all space shall be constructed of a smooth, washable material Wgkmanlike manner, and maintained in good repair. Where screened rooms are provided, the lower three %G 61.140. USE OF SAWDUST PROHIBITED, No person shall F9 Wmit to be used any sawdust or similar material on the floor of Of an establishment, except that in butcher shops clean sawdust wed on floors in a cooler or behind the counter. '-0 61.141. ",C '' ** %sed for living or sleeping purposes shall be maintained or kept SLEEPING IN ESTABUSHMENTS PROHfBITED. sleeping quarters shall be separated entirely with a solid 3 from the establishment. ssom Of the establishment where food is prepared, stored, No couch, cot, bed, bedding andlor displayed, 9 61.142. LOCKER ROOMS. There shall be provided in a11 'menta a room or enclosure, separated from toiiets or food "=eats; no person shall change or store clothes elsewhere in an paration area, wherein employees may change and store I I 61,143 Sec. 61.143. RODENT OR VERMIN INFESTATION, Tho rator or manager of every establishment shall take every to keep the premises free and rid o€ rats, mice, roaches, a vermin and pests. Whenever it shall appear to the Health 0 any establishment is infested with rodents, vermin or pests, a l-o notice shall be given to the person owning, operating or managiag establishment that said infestation with rodents, vermin or constitutes a public nuisance and endangers the public health and that such infestation shall be abated within 30 days fro of the written notice. 30 days shall constitute a violation of the provisions of this c~F~~, and the Health Officer shall suspend the permit summarily and si such establishment until said nuisance has been abated. Failure to comply with said written notice Sec. 61.144. COMMON DRINKING CUPS. It is unlawful for person conducting, having charge or control of any hotel, restru? saloon, soda fountain, theatre, public hall, public or private stb church, hospital, c tub, office building, park playground, lavatorp gq wash room, barber shop or any other public place, building, rwz &* conveyance, to provide or expose for common use, or permit to & ed or exposed or to allow to be used in common, any cup, ;LP r receptacle used for drinking purposes. See. 61.145. WATER CONTAINERS FOR DRWKING. No a*&. water cooler or other receptacle shall be used for storing or sum drinking water to the public or to employees unless it is covered m& protected so as to prevent persons from dipping the water therefpas 3- provided with a faucet or other approved device for drawing the w%bd c $1 ! from otherwise contaminating such water. All such containers Sh. i I Sec. 61.146. DISPLAYS ON SIDEWALKS AND STREETS PRC@ NO food or food product, fruit or vegetable shall be displayed oa*g* *' any building or property line, or on any sidewalk, public street 9' highway in .any fruit stand or market. ! Sec. 61.147. SUN DAMACE--DECIDWOUS FRUITS. DecidwG* . fruits or other food subject to damage by the rays of the sun 9biE '* kept at all times well inside ob the building proper, and elevated &' less than 18 inches above the ftoor le$eL c Sec. 61.148. WRAPPING PAPER. No person shall use new'p5*L for wrapping fruits, vegetables or other food products unless' sack W- vegetables or other food first be wrapped in clean wrapping papez* 1: f%' *= Sec. 61.149. SURPLUS CONTAINERS. ALL surplus'boxes* kg boxes and similar containers in which fruits, vegetables and &'* products are delivered or received by an establishment shall be ";%l' eo.* in a clean and sanitary condition and shall be removed from Pre** daily unless some other remom1 interval is established by the Officer. g@ 3k i I 0 62,150 1) ~: 61,150. WINERIES AND CIDER MILLS. All wineries or cider -+ whe or cider is manufactured, processed or bottled shall: / - ~ Hsve properly drained cement floors and a properly bswlled sink with running water. w3sh and sterilize thorcughly alL bottles, jugs or I used for bottling wine or cider. Y. new corks or stoppirs in all bottles, jugs or containers. Dispose of aLZ pulp by a method approved by the Health Officer, ~e equipped with a conveniently located water flush toilet in accordance with this code. -4 g~ - 6 *e. 61.151. PRE-PREPARED SANDWICHES. yrt For the purpose of this section a pre-prepared sandwich is a =& which is intended to be distributed subsequent to the time of -~&ion or at a location other than that at which it is prepared. + {3j No person shall give away, trade or sell within thz County of -&go any pze-prepared szndwich that is prepared outside the boundaries - Gunty of San Diego unless such sandwich meets all of the fotLowing ~Wments: 1. The sacdwich shaL1 be prepared and wrapped at some *Jajtitary location which is regularly inspected by a recognized health *Z@apartment kspection service approved by the Director of Public Health. 2. At the. time of its. preparation the sandwich shall be . kat the name and address of the person or company that prepared it. The sandwich shall be frozen immediately after its $:early stamped or marked with the date of preparation and shall 3. 8Waration and shall be kept frozen until delivery or service to t’ **tail consumer. .* Pel No person shall give away, trade or sell within the County of ““W any pre-prepared sandwich that is prepared within the boundaries of .i;‘.zF of San Diego unless such sandwich meets all of the following - + “rents: m 6155151 1. The sandwich shall be prepa establishment for which there is in for issued pursuant to this chapter or at s which is regularly inspected by a recognized health depar inspection service .approved by the Direct 2. At the time of its preparation the sandwich shalt clearly stamped or marked with the date of its preparatiDn shall bear the name and address of the person or company prepared it. 3. From the time of preparation until delivery or scwei% the retail consumer the sandwich (i) shall be frozen and mLyk,. a frozen condition, or (ii) shall be refrigerated and maint.at@Emg .5 temperature of 50° Fahrenheit or lower, or the growth of pa: organisms in such sandwich shall be inhibited by some G, that is at least equal to such refrigeration and is apps writing by the Director of Public Health. (d) No pre-prepared sandwich distributed from a food vent&; vehicle shall be given away, traded or sold more than 24 hours a$@* preparation thereof, and no other pre-prepared sandwich shall sr* traded or sold more than 72 hours after its preparation, except L sandwich that is frozen immediately after preparation and kept fro the time of delivery or service to the retail consumer may be eo:Cs* delivered within one year after preparation or such longer period&@ * be approved in writing by the Director of Public Health. (Amended 5. NO. 2632 (M.S.) Eff. 12-5-63) Sec. 61.:152. HONEY AND BEVERAGES. All fruit juices, I drinks, honey and/or other beverages, OF foods, shall be bottled %% regularly inspected plant, and shall not be changed from one CO;?~%**~ to another except in said plant. Sec. 61.153. CUSTARD AND PASTRY FaIJNGS, All coIzeh$s" prepared custards or cream fillings of pastries shall be prepard ' the following conditions: *. (a) They shall be manufactured unier conditions of cleanlbte* (b) Cnly efficiently pasteurized Cyade *?As1 milk or cream used. (c) The minimum temperature and minimum time of heamg e's is the equivalent of a temperature of 140 degrees Fahrenheit for of one hour; provided, however, that other temperatures and be used when specifically approved by the Health Officer. C’ i i 61,153 + upon completion of cooking, the custard immediately shall be 3,s ,r&out.delay to a temperature not higher than 50 degrees d into properly covered previously sterilized containers and custards shall be kep+ in coding room until used in making I . .n Filling.apparahs shall: be cleaned with hot water and ste’rilized with a jet of live steam under pressure. 4 Filling apparatus shaIL be sterilized before use either by boiling rdutes, by steamk-g in a steam sterilizer for one hour, or by g%er method approved by the Health Officer, No pastries containing cream filling shall be displayed in windows cases unless chilled to and maintained at a temperature not higher &q r e e s Fahrenheit a I .;) Pastries containing custard filling shall not be sold from vehicles such vehicles are equipped with a refrigerated compartment main- & maximum temperature of 50 degrees Fahrenheit; provided, e that pastries may be delivered from manufacturers to retail i3r consumers, without continuous refrigeration, when it is to complete such delivery with two hours’ time, kc, 61.154. FOOD HANDLING ESTABLISHMENTS-SPECIAL .-‘LATIONS. No person shall operate or maintain any establishment: - :omplying with the follow jrig regulations: f9 Hoods for Ranges: a wens and hot plates shaL1 be equipped with a metal hood (canopy) ,M at least six inches greater OR each side than the cookirzg surface ALL stoves, ranges, cooking kettles, doughnut C;oOkfng device or devices. ar by a separate ventilating flue not less than 12 inches in diameter The hood shall be ventilated to the “’ %&ary stove, or of such larger diameter as the Health Officer necessary for effective operation. ahall be installed to accomplish air circulation in accordance Hoods and mechanical * ‘“ward ventilation tables ma&ta&ed by the Department. 3 i @ Water and Sinks: All sinks of establishment shall ha-re an ade- PiY Of running hot and cold water of a safe, sanitary quality at all times. All sinks shall be of metal or approved impervious 3 Number and type of sinks shall be regulated by rules of the ;“J.cer approved by the Board of Supervisors. i 3 i B m 61.154 (c) Damaged Utensils; Dishes, glasses, drinlcing glassea 9T utensils that are cracked, chipped or damaged shaU not be used,, be confiscated or destroyed at any time when necessary in the ap the Health Officer to protect the .publk- health and safety. (d) Headdress: Male and female persons engaged in %( preparation shall wear an approved cap, hairnet or headdress to pz the falling of hair into such foods. (e) Containers for Storage of Foods: No tin can, lard sk5d such container shall be used for the purpose of cooking, preparit.,$ storing of food stuffs. The Health Officer shall condemn and/or destroy all food held in storage contrary to-the propisions of this ~ (f) Screens: All establishments where food 2s prepared, kept shall have wire screens at all outside openings for the purpow 3 excluding flies and other insects. All screen doors must be sel;le and outside doors shall open outwards only. All screening used is places shall be not less than 14 meshes t~ the inch. Fly fans may $.E substituted for screen doors and when used, shall be installed i.rw;<e the building over the door opening so that the airflow is directed daw and outward. of 750 feet per minute over the entire door opening €rom the top fk: to a point three feet above the floor. Fly fans shall produce an airflow with a minimum i I % 61.160 e l u. : : ARTICLE 4 BEVERAGES =e. 61.160. MILK. Market milk and goat’s milk served by any thment shall be served in the original bottle, the cap of which 2t be removed except in the presence of the consumer or patron; -& however, that this section does not apply to market cream .s not prevent the use of milk dispensing devices as authorized article. d ec. 61.161, MILK DISPENSING DEVICES. Milk dispensing de- ?proved for such use by the Director of Agriculture of the State fornia may be used for dispensing homogenized milk, subject to bwing regulations: an) The milk dispensing-device and its operation shall comply with aws and regulations, this code and all ordinances’ applicable thereto, Qf The milk dispensing device shall be installed and located in a Lqd manner acceptable to the Health Officer. ,c) Milk hispensing devices are permitted only in eating establish- t and only in those rooms or places in such establishments where served and eaten by the consumer, or where food is prepared wice and such preparation is conducted within view of the con- dl All milk dispensing devices shall be displayed openly to the 61.161 (e) A milk dispensing device shall be operated only by personr The operation of a self-service milk dispensing device i, regularIy employed by the establishment in which the dispenejng located. prohibited unless such opgration is specifically approved by the Officer. . (f) The name of the dairy or distributor supplying milk for tht dispensing device; together with the grade of the milk dispensed, be plainly labeled on such device in a location approved by the (g) The day of delivery of the milk shall be plainly indicated eS sh milk container used in the milk dispensing device. (h) No milk shall be dispensed from such device more than 123 from the date of delivery of such milk to the establishment. ~ (i) The minimum serving from such milk dispensing device 854 eight ounces. (j) The milk dispensed from such dispensing device shall, at * of detivery to the final consumer, meet the bacteriological standard,# graded market milk. (k) The milk dispensing device, including the milk container ~htC e' other appliances used in connection with such devicep shall be r~u in a sanitary condition at all times, * I S~C. 61.162. MALTED MILK-MILK SHAKES, ETC. NO Per* operate or maintain an establishment serving malted milk, malt€& * milk OX other milk drink without complying with the following rcPA'""".'2 _i (a) Malted milk shall be a mixture of Grade 1fA" raw or paste@ milk, containing not less than three and three-tenths percent of r%;'Tf ** with malted milk and flavoring substances, and either ice cream not less than 10 percent of milk fat or ice milk containing not IC** 28 .four percent of milk fat. All ice cream or ice milk shall conformU provisions of the Agricultural Code of the State of California. ft p' unlawful to prepare, serve, sell or distribute in an estabIisbe-.* malted milk unless made of Grade 'gAt1 raw Or pasteurized whole which milk either has been poured €som the original standard C~b;*o;"ra'' from which the cap has been removed in the presence of the CUIt2: patron, the contents of said container containing no more thantbc individual requirements of the customer at the time of servicer Or *q &)'S * Jv j from a standard milk bottle the maamum content of which.doe* ** *M-" the pouring lip, which top must be approved by the Hedtb Offie@' &.d sterilized as soon as said bottle is empty, provided, however* subsection shall not prohibit the use of a milk dispensing cleric* accordance with Section 61.161, exceed one quart and which has attached a metal top designed to '* *s;J x 8. 61.162 *,'& uia shakes and other milk drinks served or prepared with the ,~ Jg flavoring substances OP other ingredients added thereto shall ..&d from whole milk or skim milk which has met the required 2tf * - ,?4 3 @$+A. -,ssds of Grade ''A*? pasteurized milk. pf sfalter3 skim milk is a mkture of skim milk with malted milk .,raring substance and ice czeam 0% ice milk containing not less - +.&gtCd milk is prepared, sebed or distributed shall meet 2,4&a required for Grade "AfF pasteurized milk and shall be rc.dr7;fbt3 and bottled in standard milk bottles in an approved pasteuri- gA%&bttling plant. percent of milk fat. Skim milk used in an establishment where . The bacterial coan: of skim milk shall not minimum standard for Grade rfA'@ pastecrixed mi",. . '8 ~tae establishment shatL display a sign in legible fettering at ~~lk ia served. inches high, which shall state that malted milk or malted ARTICLE 5 FOOD VENDING WEHIC LES %E, 61.170. DEFINITIONS, Whenever in this article the following -8 ut used they shall have the meanings respectively ascribed to them &ection: -'%I 'PREPARED FOOD VENDING VEHICLEgf means a food vending -:a from which any food or beverage product is sold, given away, -aged or offered for sale, at retail, other than an unprepared food izp truck. vehicle, catering truck, bakery truck, or ice cream or ice cream "UNPREPARED FOOD VENDING VEHICLE" means a food vending -e* from which is sold, given away, displayed or offered for sale, at ;* any raw or unprepared food or food product including, but not *4 fruits, vegetables, produce, meats, fish, pouttry or seafood. k* 61.171. PARKING AND STOPPING. No person shall stop or fwd vending vehicle on a public thoroughfare for the purpose of '48 gfving away, displaying or offering for sale any food or beverage '$ salts. * except for a period of time sufficient to consummate an immediate No person shall stop, park or cause any food vending remain on any public property except pursuant to the order of authority or for the purpose of making emergency repairs to the Fa event shatl any person sell or give away any food or beverage , e* from a food vending vehicle while on any public property other "* remain on any private property for the purpose of selling, sa I * 'broughfare. 4'waY8 displaying or offering for sale any food Or beverage produc No person shall stop, park or cause a food vendin 61.171 to any person other than the owner of such property or his agent8* customers or employees. . . S~C, 61.172. APPLICATION OF ORDINANCES. The provirb*, this division and of other County ordinances and State laws and reg.; relative to health and sanitation apply to food vending vehicles, Sec. 6l. 173, REFRIGERATION. No person shall operate, or e operated, a food vending vehicle unless it is furnished with refrigeration equipment, in good working order, sufficient to mda%;lu. perishable food and beverage products at a temperature not in cxccSI 50 degrees Fahrenheit. clean, shall be constructed of tile, metal or sther approved materhn, and shall have no seams or cracks. Refrigeration compartments shall be kepi Sec, 61.174. GERTIPICATE ANI) 1DEMTK"HCATION. No per#= shall operate cause to be operated a food vending vehicle that dcm not display a valid certificate of inspection, or tbat does not display m each exterior side of the vehicle, in letters not Less than four incbrr high, &e name of the owner or the fictitious name under which he cp the business address and telephone number Q% the owner, and the &!Io!;RIR~ tivs identifying number or symbol assigned to the vehicle by the DF~ of Public Health. vehicle by painting, decal or other method approved by the Health Department. Such lettering shall be permanently affixed to tbr Sec. 61.175. VEWICLE CLEANUNESS, The interior and the tericsr of every food vending vehicle, and all. equipment therein, ahz have smooth, washable surfaces and shall1 be maintained in good and in a sanitary manner, See. 61.176. UNPREPARED FOOD VENDING VEHICLES. shall operate dr cause to be operated an unprepared food vending without complying with all of the following regulations: (a) All tools, implements and receptacles shall be kept in a cj*' +; and sanitary condition. n ** -& e) Sufficient fly-tight containers, of metal or some other amXw substance, slall be provided for the dispoaql of trimmings and refs'* and shall be emptied and washed daily, o& '= (c) No fish, poultry or other animal shall be cleaned in 8 fo vehicle nor shall the entrails of any fish, poultry or other a&ms' ?s there removed. processed or otherwise prepared ita a food vending vehicle- No fish, poultry, meat or meat products shall be - i e 61.176 Scales an6 other weighing devices shall be protected from nies and other vermin and contaminants. gwry unprepared food vending vehicle shall be inspected at ,,d,mually on dates scheduled by the Health Officerp or more a *c Health Officer so requires. ;s&td and ready €or operation at the time of such inspection. The vending vehicle shall be 4- Officer shall issue a certificate of inspection’ if his inspection of inspection shall expire six months from and after the date .;5sUer and shalL speclfy the particular food and beverage products ,&&#a &.at the vehicLe conforms to the requirements of this code. The . reakd to be sold or otherwise distributed from the vehicle. - ;3 Every unprepared food vending vehicle shall be screened or ks~ad enclosed in a manner approved by the Health Officer. \ Every unprepared food vending vehicle shall establish with q a headquarters which shaLL be used only for cleaning the I .*,er and storage o€ food products to be sold or distributed from the -’. 2. &c. 61.177. PREPARED FOOD VENDING VEHICLES. No person ;?perate or cause to be operated a prepared food vending vehicle complying with all of the following requirements: {a) Such‘person shall establish, within the County, a service room eets all of the requirements of this chapter applicable to food ry storage, at temperatures required by this chapter, of food and rhments. The service room shall be used for the preparation and/or ---pF%gc products prior to the delivery thereof to a food vending vehicle. **$*) written authorization from the Director of Public Health to do other- ** :* first obtained, food vendjng vehicles shall be stocked anly at and \s tad and beverage products prepared or stored at the service room. * or beverage product shall be sold or otherwise distributed from a vcading vehicle unless such product was prepared in a service room fwd establishment, for either of which a valid permit is held, or ‘*‘“a other sanitary Location appropriate for such preparation which is +tZY inspected by some recognized health department inspection ser- ‘“*red in such service room or establishment shall be stored at a ?roved by the Director of Public Health, Food or beverage products fl room prior to delivery to the food vending vehicle. ibj No hot prepared food or beverage product, except coffee or tea, &*Sold from a food vending vehicle. i ! i . .. 61.177 (c) NQ prepared foods, except donuts and coffee cake, more than 24 hours after the preparation thereof, and all such preg foods shalt be clearly marked with the date of preparation there&* (d) Every prepared food vending vehicle shall be inspected, gw&,s *. scheduled by the Health Officer, as often as he deems such insptct be necessary. ation at the time of such inspection. The Health Qfficer shall in;&, tificate of inspection if his inspection discloses that the vehicle ca:2 to the requirements of this code. The certificate of inspection ~b; one month from and after the date of its issue, and shall specify Q,~ psc titular food and beverage products authorized to be sold or distributed from the vehicle. 12-5-63). (Amended by Ord. No. 2663 (.N.S.) Eff. 2-18-64). The vending vehicle shall be fully loaded and readg ssv: Xd (Amended by Ord, No. 2632 [N. S. 1 ~2: .. Sec. 61.178. RESTRICTION ON VEHICLE USE, Food vcndiag vehicles shall be used for no 1;'ur~*~st? other than those purposes pctmhd;9p~ by this Division, unless the Ht?allh Officer has approved in writing fimd other proposed use of such vehicle. ARTICLE 6 c VENDING MA CHINES Sec. 61.180. VENDING MACHINE PERMIT -QPERATOReS RESPONSIBILITIES. operate any vending machine unless a permit for such machine has Le- issued by the Health Officer and unless such permit is valid and ~nrw-~u" The applicant for a permit shall designate in writing the products fob vended, arid permits shall be valid onEy for those products listed 00 permit. ** will at all times be maintained in a clean and sanitary condition, a& tW all products of the machine will reach the consumer in a clean and wholesome condition, he shall deny the application for the permit. the permit is granted, tSe operator shalt be respoasible fcr the Props operation and maintenance of the vending machine and for complyif% with the requirements of this division and of State 'laws and regulatr;s"-f posted conspicuously OR the veisding machine. Nu operator shall maintain, conduct, manage W Unless it appears to the Health Officer that the vending ection therewil'n. The name and address ot the operator sI1.8~~ '' ~ - .. .61.183 =*&? ' . sc. 61,183. VENDING MACHINE LOCATION, The operator shalt the Health Officer with the location of any vending machine I d sufficiently soon so that, within 72 hours subsequent to suck t,:iation, the Health Officer may inspect the vending machine and the If the location of the machine is not approved by the Health q@* -&ted until the location thereof is rendered acceptable. Ea.ch vending 522-i L ne shall be located so tht sanitary facilities, fixtures and receptacles ,j3 tmptyiag waste container$ and for performing required sanitation readily accessible. auined clean and free of accumulated paper cups and wrappers, ;age and other waste material and trash. Approved trash receptacles .,&J >TPCOfle \ cr the vendifig machine shall be removed iamediately and not I The area around the vending machine shall be ,$&sa be provided by the machine operator, proximate to vending machines r%4q~~er required by the Health Officer. Sec. 61.184. SERVICE ROOM. All operators shalt establish within q* county a service room or rooms, which shall be used only for :,dning, storing and maintaining vending machi %&tized parts. All cteaning and sanitizing of v *%ash come in contact with food, food products or li % the Xealth Officer. d thir division relative to food handling establishments. suppLies an r" vmdiag machine shalt be done in the service room previously approved The service room shall meet alt the requirements Sec. 61.185. CLEANING ANI) SANITIZING. Vending machines %qsnsing liquids shalt be cleaned not less frequently than three times %& week, and machines dispensing unwrapped, iood product *%all be cLeaned not less frequently than once eac ~*?aIuafter noted, in the manner set forth below: nth* except as (a) General: The following general regulations apply to all vending "&chines: The operator shall clean the outside of the machine, and any '-sJleing stage, door, chute, drip plate and waste can. ":&ah Containers shall be emptied and cleaned. Parts shall be wiped wit rc:*Jned moist cloth which has been dipped in a solutioh containing not hrl 2OU parts of active chlorine per million parts, or in some suc Used cup and '*r approved sanitizing agent or material. i .. * (b) Cold Carbonated Beverages: In addition ts the servicing p* by the general regulations, machine dispensing cold carbonated bcI-+ shall be serviced as follows: Not lesa frequently than once each Q= all contact parts of the machine shall be cEeaned by removing, was%,a# and disinfecting all tanks, valves, faucets, pipe tines and water figfpar Interior water filter 2nd conditioning elements shall be taken to service room for servicing; properly sanitized replacements nuy b4 transported under sanitary conditions from the service room and inetalled while the other water filter and conditioning elements at* being serviced. Water filters and water conditioning devices ahat! a type which permit periodic cleaning and replacement. ar" (c) Mi& Products: In addition to the servicing required by tk general regulations, machines dispensing milk and milk product8 a=&; be serviced as follows: Fluid milk or cream shalt be removed its% gb machine and discarded daily, and fresh products added. Canned evaporated milk may be dispensed for 72 hours before discarding provided that throughout this period the temperature of such milk maintained at not more than SO degrees Fahrenheif;. All parts sad appurtenances of vending machines that come in contact with fluid ma?* ** milk products shall be removed daily and clean and sanitized. Ve%e*% machines that dispense nonliquid milk or nonliquid cream products e?*: be sanitized not less frequently than three times each week (d) Refilliug: Vending machines, in locations for which the Hmt% Officer ha6 not issued a food handling establishment ;permit, sbtt !& refilled only by substituting for the empty container one which =a5 1 ** sanitized and filled in the service room, The emptied container $3~. be transported to the service room for cleaning and sanitizing. 61.201 ; ..d CHAPTER 2 FOOD HANDLERS 41. 201. DEFINITIONS. For the purposes of this chapter the kg definitions shall apply: "FOOD HANDLER'' shall mezn any osE engaged or employed in a business, occupation or establishment sk,iCh a permit is revquired by Chapter 1 of Division 1 of this Title handles food in such a mamer that some portion of his clothing, or body discharges might come in contact with such food or utensils used in connection therewith. ~ec. 61.202. FOOD HANDLERS REQUZRED TO OBTAIN A REGIS- +..~v~~i~~ CARD. No person shall act as or be engaged as a food handler ,.*be*s such person holds a Food Handler Registration Card issued by the ,rtS.Or"tment of Public Health authorizing such person to act as or be en- " s4ct jg a food handler. A "Physical Examination Certificate", issued ,.+ pfi;! Department during the calendar year 1963, and not revoked or . ended, shall be deemed to be a Food Handler Registration Card for ;;stposes of this chapter unk,il its date of expiration; prior to said date ,& cg$ration every person intending to continue to act as or be engaged 6p a toad handler shall exchange such Certificate for a Food Handler Reg- Jirrtion Card, (Amended by Qr,d. No". 2631 (N.. S.) Eff. 12-543.) - See. 61.203. MEDICAL EXAMINATION REQUIRED. Except as B medical examination as specified in this chapter, mise provided in this chapter, each food handler shall be required to A Food Handler .38gistration Card shalL not be issued to aRy person until such person has "-1.2 *aid medical examination md is found by the Department of Public (Amended by Ord. No. dth to be free from communicable disease. :Gzi (Ne S,) Eff. 12-5-63.) Set. 61.204. TRANSMISSIBLE COMMUNICABLE DISEASE. No per- *>~*% *hO has contracted or is afflicted with a communicable disease trans- **ible either directly or through food or drink to other persons, or who * &mWn or suspected to be a carrier of organisms causing communicable or who is suffering from an infection transmissible to other per- "'.% shall be allowed to work in any store, ' place or vehicle at which Qr drink is prepared or dispensed. (Amended by Ord. No. 2631 5.1 Eff. 12-5-63.) Set, 61.205. MEDICAL EXAMINATION. The examination to de- the physical condition of a person applying for a Food Handler stration Card pursuant to this chapter shall be made by a qualified licensed by the State of California as a physician and surgeon. person making such examination shall, within 24 hours after com- of said examinatioc, file a report with the Director of Public Health '* forms provided by the Department of Public Health. 61.205 12 In addition to the medical examination, which shaU include a history and physical examinaticm, each appEicmk shall. obtain a ray performed by the Department of Public Kealth. amining physician sf.,all submit a blood specimen &to the Departmeel $,. lic Health for a serologic test for syphilis. ground to suspect the presence of tuberculosis, typhoid, diptherb other communicable disease, the Director of: Public Health may that a special examination be made and that such speciams as mr necessary be submitted to the Department of Public Health for e=@.;*, Any test, X-ray or examination required by this section to be per$Q,.r by the Department of Public Health may, in the discretion of the f):*o of Public Health, be performed by such other person or laboratory 0 Director of Public Health may designate. In addition, t, Whenever there is (Amended by Qrd. R'o. (N. S. ) Eff. 12-5-63) Sec. 61.206. PAYMENT OF FEE FOR EXAMINATIONT No fee ieeh be charged for any examination conducted pursuant to this chapter &t Department of Public Health. The County of San Diego shall not b !y responsible or liable for any fee or charge made for any test, X. examinatiorr required by this chapter tha2 is not mzde by the Depazwdt-s I Public Health. (Amended by Ord. KO. 2631 (N,S. Eff. 12-5-63) Sec. 61.207. DIRECTOR MAY REQUIRE RE-EXAMINATION. 91 the Director of Public Health has reason to suspect that a person i? Food Handler Registration Card has contracted a communicablc the Director may rzqiiire such person to have the examinations spa this chapter or such portions thereof as he deems appropriate. (Azs by Ord. No. 2631 (N.S.) Eff. 12-5-63) Sec. 61.208. CONTRACTIQN OF COMMUNICABLE DEEASE TO EXAMINATION; SUSPENSION OR REVQCATXON OF URD. x$.**' "' the Director of Public Health suspects that a person holding a Reg.. Card has contracted or is afflicted with a commsnicable disease, rectar may suspend the Registration Card of such person until sac& has taken an examination as specified in Section 61.205 or such 0; amhation as the Director may require. After -kuch examhation t;r** rector shall reinstate the Registration Card of a person found to from communicable disease, and the Director sbL2 either con&Gc ' pension of, or revoke, the Registration Card of any person found flicted with a communicable disease ; any person whose RegistraiiG z p if* is suspended or revoked pursuant to this sentence may appeal "J- pension OT revocation. with the procedures established in Section 61. 126 and 61. 127 dfLrs '' vision. (Amended by Ord. No. 2631 (N.S.) Eff. 12-5-63) Such appeal shall be made and done in =. * 61.209 &&.f ' d*:&4 P EXEMPTIONS. This chzpter shall not apply to the foh- ;&#& bl.209* rsons: tr& handlers engaged in the production, harvesting, or packaging +db Of vegetables either rwd handlers engaged in drying or dehydrating fruits or vegetables in the fieLds or in packing houses. - '$%a emises where such fruits or vegetables are produced. -4 3s 3f . As 3-wd handlers engaged in. the production, slaughtering, packaging, ' Hfx3qfion or sale of poultry or poultry products. F& handlers engaged in the production, harvesting, packaging or fruits or vegetables on the premises where such fruits or vege- 5%R i. .I . .. I 61.301 CWER 3 DESTRUC'EOX OF' SPOILED FOOD 61.301, INSPECTION BY HEALTH DEPARTMENT, The Health merit shall be and is hereby autbozized and empowered to make wtions from time to time of Msters, crawfish, shellfish, meat, meat 1 products and all other foodstdfs wihh sad County, at such times and a& a manner as aay be reasmahle and necessary or advisable for &ectirg the p~blic health ad shall, af+er inspection, seiae,corrdemn and my any and all lobsters, crawfish, sheilflsh, meat, meat food products Sail consumption. other foodstuffs agpearing to said Health Department to be unfit for \ .t &T, 61,302, SALE OF UNFIT SEAFOOD PROHIBITED. It shall be ~wfulfor my person, or the agent or employee of myperson, to sell exchaoge for other things of value with& the County any lo5ster, craw- b, or shellfish, or to have in their possession for the purpose of preparing =e €or human consumption a~y lobstsr, crawfish or shellfish that does not m conclusive sigEs of life imraCediate1-y before the pre7arztfon thereof in :r manner as food for human consumptio~, Sec. 61.303, CO&TISCATIOIS BY HEALTH DEPARTMENT, Whenever &f.U appear to the sathfactia; of the Health Department that any lobster, Wish, or shellfish does not &ow conclusive signs of life immedpately -mxiing the preparation thered as food for human comumption, or that 9 lobster, crawfish or shellfbh or parts thereof may be unfit for human + or that the same Is offeredfor sale coatray to the provisions of this 3qter, such lobster, crawfish, or she'laflsh and all parts thereof shall be &feet to confiscation by the Health Department or subjected to such treat- Zat BS shall satisfy the Health Dsparhent that such lobster, crawfish, IsUffsh or parts the" cmot thereafter be sold for human consumption x my manner whatsoever. SX. 61.304, POSSESSION OR IMPORTATION OF UNINSPECTED MEAT ?".30fflBITED. It shall be urlzwful for any person to have in his possessions beng into or cause to be broqht into We County, any meat, meat food ?wUCts, foodstuffs containing meat, or lobsters, crawfish and shellfish, ahss such meat, meat. food products, foodstuffs containing meat, or lobsters, "raPftsh .and shellfish hear the i-~spec?%m seal of the Department of Agriculture, ''a of CaUomia, or of the U&ed States Department of Agriculture, Federal Inspection Service, or of the Board of Health of the County. The presence "' '*"r"affsh and shelIfish in the Cscnty is hereby declared to be a nuisance and meat, meat food products, foodstuffs contahiag meato or lobsters, qshl to pubac hedthh, ". ,* i d .. * 4lli 64.101 DIVBION 4 DISEASE CONTROL CHAPTER 1 GENEEIAL PROVIIONS-NUISANCES . -. 64,101. DUTY OF HEALTg OFFICER. It shall be the duty of the b Officer, under the direction and control of the Board of Supervisors, lorce all laws, ordinances, and rules and regulations relating to the 3 health, prevention of sickness, nuisanaes or sanitation within the =Y* z. 64.102, RESISTING HEALTH OFFICER UNLAWFUL. It is ~11- J for any pereon to resiet or attempt to resist the entrance of the h Officer into any railroad car, stageo vehicle, building, room, lot bsr place fn the County in performance of his duty, or to refuse to any lawful order of the Health Officer when made in performance of -ubfes or within the powers conferred by this chapter or by law. 2. 64.103 . PENALTY. Any person violating any of the provisions of ;.$apter shdll be guilty of a misdemeanor and uponconviction thereof . be punished by a fine of not to exceed $300 or by imprisonment in =oUnty Jail for not to exceed six months, or by both such fine and im- 3ment. c. 64.104. ABATEMENT OF NUISANCES. 1t shall be the duty of the th Officer or his authorbed agent, when necessirry to secure the public th, to enter upon the premises, or in the house or other place of any QP to discover or inspect any nuisance that may there exist, to fnspect as, vaults, cellars, cesspools? water closets, privies, or sewers, or ruda of such premises, to examine into their condition, and when sat- 4 that any such premises, house or place used for lodging or other mm are improperly constructed or liable from overcrowding or filth “e dangerous to the public health, or to disseminate contagious or %mS disease, or are not provfded with privies, water closets or with drains or cesspools properly tapped, they or any of them shall a Written notice upon the owner or other person in charge of such %ta@S, to remove the nuisance therein named and if such owner or other laapa Charge neglects to obey such notice, the Health Officer or his -cOwtY Counsel, who shall take the necessary steps to have the same agent shall, if deemed necessary, forthwith report the same to %d. -, 105. NOTIFICATION OF NUISANCE. Whenever aIULta+,4i* in the opinion of the Health Officer, the public hCallk ,b, be ascertained to exist on any premises, or in any house or other any cityp town or township, the Health Officer shall notify in wriltq *,* person or persons owtaixxg at having control of,? or acting ae ageat such premises, house, or other place, to abate or remove such within a reasonable time, to be stated in such notice, *c Sec. 64.106. RECOVERY OF COST OF ABATEMENT. Upon tb *%* or refusal of any owner, occupant or agent, or other person havrna of such house, or other place to comply with such notice, the may abate such nuisance, and the owner, agent, or occupant, or %ha person having control of such house, or place,. in addition to the -%, provided by this cbapter, shall be liable to the County for the COII & abatement, to be recovered in a civil action in any court of comp~~ juris diction, CHAPTER 2 MOSQUITOES AND FLIES (Repealed by Ord, No. 2527 (N, S. ) Eff. 4-25-63) (Added by Ord. Ne . 2527 (N. S, 1 Eff. 4-25-63) Sec. 64.201. BREEDING PLACES ARE PUBLIC NUISANCES. b,.g.* +$kwpcIPated territory of the County any breeding place of morg~!?=* ce. ubiic fly nuisance as defined by Section 64,3QIZ, SUM- 8 of this Code is a public nuisance. maintains a public nuisance as defiwdby Section 64.201 of this guilty of a misdemeanor as provided in Sectioas If. 116, 11,11 of this Code. Such nuisance may be abated bP rh Director of Pirb&c Health in any manner permitted by ‘Law, or b’ am proceeding or remedy provided by law. In. the unincorporated territory of the County :b* * Sec. 64.202. PENALTY, Any person who creates.aLlows, suff(g* *“ ’-- Sec. 64.203. ABATEMENT. Sec. 64.204. PROSECUTION 64.305 shall no uf abatement shall have been issued preclude or stay any pposecgat;-l”si pursuant tr, the provisions of this Chapter 2. ORDER OF ABATEMENT NOT PREREQUSKE The issuance of an order to abate pursuant to %‘* e a prerequisite to nor shall the fact that SUt)J or&‘ I. :1 1 64,301 CHAPTER 3 ABATEMENT OF FLY NUISANCE3 Adopted by Ord. No. 2126 (N, S, 1 Eff. 10-25-60) Repealed by Ord, No, 2527 (N, S, 7) Eff.4-25-63) $d&d by Crd, No, 2527 (N.S. ) Eff, 4-25-63) =. 64.301. STATEMENT bF FWRPQSZ'. The purpose of this rc.r is to provide for the investigation, continuing regulation and --,cnt of conditions in the unincorporated territory of the County ctive of flies which constitute a hazard to the public health, safety etfare. &dl be taken into account factors of poplation density, zoning mceg, and the proper determination 'of all sources of fly breedkg end that the public health, safety and welfare may be secured and shed. e, 64.302. DEFINITIONS. As used in this Division the following aons will apply: - WBLIC FLY NUISANCE. .The term "public fly nuisance" shall 3 any place, condition, process OF operation where by reason of the act, misconduct, neglect, failure of: refusal of anyone, there is z?d or continues to exist the production of flizs or fly larvae or s in such manner and in such quantity as (1) to constitute an immediate ;PIL to the public health, safety or welfare or (2) to be indecent or zsive to the senses, or an obstruction to the free use of surrounding wrty so as to interfere with the comfortable enjoyment of life 0r Wrty of an entire community, neighborhood or of a considerable .%r of persons, %. ORDER OF ABATEMENT. The term "order of abatement" =! include modifications, rescissions or reinstatements of any order -htement and shall include both prohibitory and mandatory orders "khg or prohibiting one or more acts; said term shall include those effective for a limited as well as an indefinite period of time, *. In the administration and erdorcement of this chapter, 3+ ABATEMZNT. zw, repair, maintenance, construction, reconstruction,, replacement E reconditioning of structures, appliances, appurtenances PT equipment; substance or media capable of breeding or attracting flies and the The term "abatement" shall include demolition, transportation, disposal and treatment of refuse, manure OT 4 a*utcatiOn of chemical or other substances or the use of mechanical ''a 01 conditions. to'control, eradicate and eliminate sources or causes of fly breeding Sec. 64.303. ADMINISTRATION; DEEEGATXON OF AUTHOA~~ of this Chapter and shall c.onduct such area ~inrveye as are appropruss e Director of Public Health shall be responoibk for the adMj~stFwh3w tcr)irector of Public Health" as used ie8 this Cbipter sbl~ DHego to whom any of the duties of the Director under this Chapter delegated by the Director. ee of the Department of Public HeaBth of the COUR~Y of so Sec. 64,304. INVESTIGATION. The Directer 06 Pubtic )Iea\lt %c upon reasonable cause to believe a public fly nuisance exists, imye,$ewe conditions productive of flies, fly larvae or pupae, He shall hawe tE;s power while in the performance of his duty and upolo. first presentin4 credentials and identifying himself as an empkoyee of the Departmeet Publie Heailth to the person apparently in esntrpo% of the premisei, fl available, to enter upon any premises between the BQP~~S sf 6:OO o'ch+ permission, to discover or to inspect any thiag or condition which fa le to the production of fE%es. He may ewmiw media; take such samples and make such tcm as needed and take. any other step reasonably necessary for the props investigatiorn and determination of cswdithsrs-wb%ch may bs productlwrt of fly larvae or pupae. :00 o'clock p. m., but aut in the dwelEag of any person ~YZ- ive or susce c Sec. 64.305. ORDER TO ABATE A PUBLIC FLY NUISANCE. YySp, Director of Public Wealth shall determine whetber or not aay of the c%* &tons investigated constitute a public fly nwisance, that any of such conditions do constitute a pubtie fly n~saace. he WX written order requiring that the ceaditisrm productive of flit% ereafter and shall forthwith serve the o~der upon the persons dtr If be determines e or pupae be abated within a' period of mot less than seven dW* abatement of a public cv tainirag such public fly nuisance, An order nuisance made pursuant to this section ski1 contiiaue in fulf force effect until rescinded by the Director of Pubtic Health or vacated Or superseded by order of the Board of Supervisors after hearing pUfS-* to Section 64.306. issued by the Director may for -good capse be &eatded by written Or*' 'M The period of time specified in the order of rector. Any such order by the Directs; play be. modified or modified by the Board of Superesors after such beari%* Any person served with a written order of ab&ement made Pur'** to this section may appeal to the Board of Supervisors as provided Section 64.306 and such appeal shall stay the effect of such order wci %%% d of Supervis or affirming hears the appeal and issues its order mdM h order of abatement; provided, however* B appeal and stay of the order of abatement shall ncsf relieve any Persm fmm liabi€ity and responsibility, both criminal ad civil, for maiaU's'~a a public fly nuisance and shall not stay OF prevezzt the filing or Prose of a criminal complaint for the maintenance of such public fly nuisott 64,306 9t- 64. 306- APPEAL TO BOARD OF SUPERVISORS; NOTICE OF 3hiG; HEARING; FINDINGS; ORDER OF ABATEMENT, ENFORCE- REVIEW. Within a period of three days, exclusive of Saturdays, 9, aadholidays, following the service of the written order of the +ebetor of Public Health issued parstzant to Section 64.305, the person to control OP abate the publie fly nuisance may fik with the rd of Supervisors %tad the Director of Public Health a statement that ws- #- 4%7seals the order of the Director of Public Health, which statement vqd;i contain the appelbant*s name, mailing address and a general des- dR r:2&jn of the order appealed from. Wpoes receipt of an appeal, the Clerk $58 Board of Supervisors Shall Set such appeal for hearing at the next ,l.&,arly scheduled meeting of the Board of Supervisors %~ll~~Egr,g the ~si~s. Friday after the appeal is received. The Clerk shall forthwith a notice of the time, date and place of hearing to be given the %$actor of Public Health and to be mailed by registered or certified postage prepaid, to the appellant, at the addmPess specified in the I %$*at[. At the time, date and place indicated, the Director sf Public ~*&?th sslzll produce evidence 0% the existence of the publie fly nuisance **~;th is the subject of his order. The Board of Snpervisors shall con- g,?~r at1 relevant evidence adduced at said hearing and at aay continued koaing and if it binds by a preponderance of the evidence that the public wv+:ehs safety or weifire is in immediate daager by reasow of the creation riq 5aintenatnce of the public fly nuisiag~ce, or that by reason of the conduct 48 its neglect, failure or refusal of the appellant to actp he has created 58 eoatinues to maintain that which is injurious to the public health, or is &@cant or ofbeasive to the senses, or an obstruction to the free use of %$rounding property, so as to interfere with the comfortabte enjoyment *Llf :de or property of an entire community QP neighborhood or of any Biderable number of perso~%s, it may declare the same to be a public adsawes shall make such findings as are necessary and proper and Hap order the abatemeat of such public fly nuisznee within a reasonable' ~~*~iPcumstaaces, or it may modify, vacate or affirm the order of abate - er *ablic Health shall serve said order of abatement in accordance with '**ar-.a?oo 64,307, shalt enforce the order, shall supervise the abatement "$%* public fly wuisance and may make such further orders as circum- "*3c*8 may warraot. Review of the decision of the Board of Supervisors ""*f be had, if at all, by commencing an appropriate proceeding pursuant rad upon such terms and conditions as are reasoakbk and just under made by the Director of Pubtic Health. Thereafter the Director of Civil Praeedsare Section 1094.5. f Supervisors. Such proceeding must be aced within ten (10) days following the service ob the order of the 64.307. SERVICE OF NOTICE OR ORDER. SerYice of any Qt order issued pursuant to this Chapter may be accomplished ?lying with Section B 1 11 2 of this Code. Each notice or order or made under this Chapter shall be served upon the person the premises upon which the pubtic fly nuisance exists. If ;htdlOQ Occupies the premisesp the notice or order shall be posted "% . 3 1 4 1 64.307 upon the said premises in a conspicuous place and served upon person appearing as owner of said premises aceofding to the lpIp 9aer. ized assessment roll of the County. Sec. 64.308. PENALTY. Any person upon whom an order h,k* a public fly nuisance is served who fails, refuses or neglects to obe1 ~~ to continue to ‘obey any provision of the srder shall be guilty of 8 meanor as provided in Section 11.116, 1 1.117 and 11.118 of this cGh Sec. 64.309. ABATEMENT BY THE COUNTY. In the event &e public fly nuisance as determined under Sections 64.305 or 64.306 fr not abated or the conditions and provisions of tbe order have not complied with, the Director of Public Health, by order of the Board & Supervisors, may abate the public fly nuisance, prevent its recurray$Q and eliminate or control the conditions productive of flies, fly larwra pupae which constitute the public fly nuisance. Neither the County sr~lf any of its ofbicers or agents shall be liable for any reasonable necc1c~+ entry or for any reasonably necessary damage which is incident to L& abatement of such public fly nuisance as ordered under this Chapter, Sec. 64.310. PAYMENT OF COST BY OWNER; LIEN FOR CO!Z&, The cost of abatement shall be repaid to the County by the owner and%% possessor of the property who shalt be jointly and severally liable thr**.p.p for. All sums expended by the County in abating a public fly nuisrau * preventing its recurrence are a lien upon the property on which the fly nuisane‘e is abated or its recurrence prevented, Notice of the tie mw be filed and recorded with the Recorder of the County of Sag Diego. + Sec. 64.31%. ADDITIONAL REMEDY. Provisions of this CbPr empowering the Director of Public Health to require the abatement d to abate a public fly nuisance are remedies in addition to any existi% remedy authorized by law and are not to be construed zs conflictic-$, * or in derogation of any other ~~OV~S~OR of: this Code or of law. Sec.. 64. 312. . SEPARABILITY. If any provision of this Cb?t*r* @ the application thereof to any person or circumstances is held iavPl;i the remainder ob this Chapter and the application. thereof to other P5* or circumstances shall not be affected thereby, Tke Board of 5WepV***’ ** w* declares that it would have passed s&h remainder ob this Chapter to be invalid, irrespective of whether any provisicn of this Chapter @‘ F@ application to any person or circumstances were held invalid. .. .. 4F.S DNBION 6 SAMTATIOH REGULATIONS FOR BUSINESSES CHAPTER 1 . APPLHf=.&TlONS, PERMITS ABD FEES 66.101 SC, 66.101 APPLICATION. Every applicant for a permit or license . red by tu division shall file with the Health Departmect a written ation on a form prescribed by said Department, The application state the name and address of the applfcaxt, the description of the rty by street and number wherein or whereon it is proposed to st the busbesa for which the permit or license is reqTdred, the %,live of the pemit or license for which qplication is made, the character d the business proposed ts be condxcted and such other information as the Ealth Department may require, &c. 66.102, FEE, Every applicant for a permit or license reqaired &s &xisfon shall at the time of making applicstiolr pay the mnual fee $ascribed for such permit or license, %. 66.103- INVESTIGATION BY HEALTH DEPARTMENT. Upon me!pt of such a?pllcation, accompded by the required fee, It shall be fa duty of the Health Department to investigate the matters set forth in a-4 apptlcatition, and the sanitary conditions in and gbout the place wherein IT whereon it ts proposed to conduct the business mentioned in the applica- ZW, and Bf it shall appear to said Health Deyartment, or to the officer or %%p!oyees des3gnated by tb Health Offieer to perform such duties, th3t sbtements cozztaized jm the apphatfon are tme, ard that the existi% qettary conditions in the place meEtiarrrec! in said applicattlor comply with provisions of this code, the ordinances and State Paws in force at the such app&&ion is considered, and conform $0 the rules md regula- *:qa of the He$& Department, a pe-mnit or license shall thereupoa?, be grunted; prrsvidd, however, that such pe-rmit or license shall be granted *IF qon the exprees cocfition that it shdl be subject to revocation or &-*%lsion by said Heal# Officer upon 8 ahowkg satisfactory to saicl Eea,lth '*ecer of a violation by the holder of such permit, his employee, servant '$ lent, or sy other per~on acthg with his cozsezt or under his authority, 't w pro-Jision of this- eode or my of Califo~a, or gmy rule Ef the ~ea~th Department, regdatirrg places y$ &e character for which fie permit or license is grmted. . %Itz. 66,104, PEXALTY FOE DELINQUENT PAYMENT, In any case ordicmce, or aay law cf &\e **,*:e the appkzmt has failed for a ~e150d of 30 days to file the appldcation 3- 66,201 . CHAPTER 2 CAMPS AND PLCXiC GROUNDS 66.201, DEFPNITIOXS, For the puposes of this chanter the follotiring ~tions shall apply: (a) "PUBLIC CANP" is any place, azea or tract of *. won which are located IWQ or more canplng parties, dl mmpkg parties sa& on sa361 area or trset of land having a common use of my part thereof, my mwenience thereon, (b) "CAMPIXG PARTYrf is a persono or two OF wm persons together, using at tke same time 8 teat, aGtornobiie, or automo- camping ouuit, a camp wagonp or such &her camping facilities for liying aleaping puwoseso w. 66.202, PERMIT REQUIHED. KO person shall operate, maint.aPrr, H der fop pcblie use within the uimorporated territory of the County aay ~wt of land QO which persons may camp or picnic either free of charge or .@ gqment of a fee without 8 permit therefor from the Health Department, %c. 66.208. APPUCATION FOR PERAWT--FEE, The permit roqdred 3y &is chapter shall be applied for and issued as prescribed 4 as Di~lrdsion 6. The annual fee fOr the permit shall be as prescribed in Chapter 1 . &d Chapter 1. k, 66.204, POSTING OF PERMIT REQUIRED. No person shall establish, DWD, conduct or carry on my public amp, unless there shall be zt all posted In a ccnspiauoas place upon said area or tract of lad upon said publk camp is located, a permit Issued by the Health Department 2 ~lscordace with the provisioas of this divisicn, SC. 66.205, CARETAKER REQUIRES-REGISTER MAINTAINED, NO R~on shall maintain, conduct or carry OG, or cause or permit to be a-taimd, conducted or carrfsd'on my p~bk camp, udess said @amp a be provided at ali times with a resident carstaker whose duty it shall k 3 enfoxe all rules ad regulations md to see that TIQ law, this code or . 'b;"ztjt ordinance is violated by my person campi= thereon. It shall be the kq of said manager or caretaker to keep a record of all camping parties, '%!=a 8ald register shall spe~ify the dzte of arrival of said camping parw; '% !dl me ad permane& address cf each gersw in said cmpiDg p&y, ~'2 the event s~d camping party is trave%= by means of an autorno>iIe, ster ahall, further spceify the name of the owmr of s&;d automobile, a:! state in which ,said owner fs a resident, +the m&.e of sdd axtsmo- state in wMeh said automobile is registered, the Uceoae cumber '''rtcQf .- and the year of its issuance, Said register shall at all times be open 'e i"-aFectlon to &L peace officers cf Lle Comty m.d to the Health Officer, Sec, 68.209. RULE 3--SUPERVISION, Every owner asd lessee of c p&lEc cap or plcaic gromd shsZl be heid respcamfbk for full compllla~~-@ with these Fegdations. See, 66,210. RULE 4--GARBAGE AND REFUSE. Supemisim and W.&P Dent safficient to prevent litterkg of the ground with rubbish, gzrbGe Ot other rehse shall be provided 2?ie maiatdned, Fly-tight depositofies for such mzitepids &dl be provided and conspicusr;sly located. Every CmP or piczk spct oa said gwmd shdl be within a d2stmce of not over 200 f from such a deposikcy, These depositories shzi.11 not be permitted t0 become Sod 5mef3n-g or wlght'ly or Sreediw places fo~ flies, Sea. $6.211. RULE 5--CAMPIXG SPACE. Each camping pZrty aha allowed csdde canpkg space of not less than 250 sqwre feett. 66.213 SC. 68.216, RULE 10--SEWAGE ASJD REFUSE DISPOSAL, Flytight pevies 02: water-ffush toilets shall be proaided ad shall be mahtained is, clean ad smitary cortdition, Sepsrate toilets for =en aad womez shall p3 pr&c?ed, otlf3 for each 25 me2 ad one for each 25 wome?g of the maximum mber d pe~som occupybg such grow5 at my time, Eo camp or pic& w%Mn such gmmd shall be at a grszter distance thm 400 feet from 9 m6n?a & 8 wclmenps toilet. The losation of 211 toilets sh.all bo &&aly %&cated by s@s. Tall& b&Idhgs shall, be at all times be Sighted # properly and from suaset t~ sunrise proper lights shdl be kept brt..JEg. f . __, Sec. 66.217, RLZE 11--SEWAGE AXD REFUSE DISPOSAL. A s-dflcient mber d slop si&s or sinks shall be -proysided, zed ea2h shall be co,mected wP:& a sewerage system or covered eesspcol. These are to 5e usod for the Qfsposaf o€ domestic wmte waters. Sec, 66.218. RULE 12--DOGS. Dogs shall be Med up sand at BO time be I Wmlttd to rwn at large Bar any public caxnp. %reby declared to be a public nuisance and may be summarily abated *3ss Health Officer. CHAPTER 9 ENF'ORCEMENT OF STATE HOUSING LAW !&, 66.901, HEALTH OFFICER TO ENFORCE STATE HOUSING LAW, fieatth Officer, in addition to his other duties, is hereby designated as sfficer to enforce and is charged with the enforcement of the provisions State Housing Law pertaining to sanitation, ventilatioa, use or 2-+wxcy of apartment houses and hotels within the unincorporated woty of the County. (Amended by Ord. No. 2260 (N, S. 1 Eff. 9-LJ-6~1 9~. 66.902. INSPECTION OF HOTELS AND APARTMENT HOUSES, Bulk be the duty of the Health Officer to inspect all hotels and apartment as often as request therefor shall be made OP whenever said ~3.t Officer shall deem it necessary, and in any event as often as once ~eck year.' (Amended by Ord. No. 2260 (N. S. ) Eff. 9-12-61) 1 CHAPTER 1.0 PERMITS FOR APARTMENTS AND HOTELS *e+ 56.100f. DEFINITIONS. For the purpose of this chapter the 2s ''HOTEL" and '"APARTMENT HOUSE z ltave the following meanings: unless otherwise specified, HOTEL means any structure, or any portion of a structure, including any lodging house, rooming house, dormitory hrkish bath, bachelor hotel, studio hotel, public club, or Private club, containing six or more guest rooms and which fa Occupied, or is intended or designed for occupation, by Pi* OP more guests, whether rent is paid in money, goods, tabor or otherwise. It does not include any jail, hospital, 4aYlUm, sanitarium, orphanage, prison, detention, or ather building in which human beings are housed and detained 'ader legal restraint. APARTMENT HOUSE means any structure more than story in height, or any portion of any such structure *cubied, or designed, built or rented for occupation, 'a a home by three or more families, each living in a '*-rate apartment and cooking within the structure. '&mended by Ord.. No. 2260 (N. S. ) Eff. 9-12-61) I' --. .' 66.1002. 944 Set. 66,1002. PERMIT REQUIRED, It shall be unla-kful to oceuRb or to permit to be occupied, any apartment house or hotel now or he r eafte r erected, coastr ucted, re constructed, dte re d, C onve rtC d moved, as the case may be, DP any portion thereof, for human habfaL,, without an annual permit therefor issued by the Health Officer. by Ord, No. 2260 (N.S.) Eff, 9-12-61) (J,~~~,~~,, Sec, 66,1003. APPLICATION FOR PERMIT. The permit requias.g by this chapter shall be applied for and issued as prescribed in cbzq$ of this Division 6. Sec, 68,1004. INSPECTION FEE, Every person applying for a p: 8 required by this chapter shall, at the time of making application for permit, gay an annual inspectlon fee in accordance with the followkg schedule : (I) For each apartment house or hotel containing not more than six units m ., . e re a m m 8 . . $ 6,56 (2) For each apartment house or hotel containing not less than seven but no more than 10 units e ., . $ 8.50 .(3) For each apartment house or hotel containing not less than 11 but no more than 15 units e ., ., $10.00 (4) For each apartment house or hotel containing more than 15 units . ., e . *. $10.00 plus $0.25 for each unit in excess d In the event application is not made and the fee paid within the time in Sections 66,104 or 66.105, penalties shall be imposed as prescrr said sections, .ip For the purposes of this section a lWWI"Uf shall mean each apar an apartment house, each sleeping room in a hotel, and each apar"* each hotel sleeping room in a building containing both apartments *- sleepihg rooms. Separate apartment house buildings and separite hotel buildings, @ combination thereof located upon a single parcel of land or contiP@ parcels of Land uneer the same ownership shall be treated as one &P'' ment house or hotel for the purpose of computing the fee prescribes * this section.. Sec. 66.1005. PENALTY, Any person violating any of the Prca'fa@@ of this chapter shall be guilty of a misdemeanor and upon convictis; 'w shall be p.;urished by a fine of not less than $10 nor more than $ imprisonment in the County Jail for a period of not less than five *P more than six months, or by both such fine and imprisonmenb dL a 68.134 person in the event of a violation by the permittee of any provision of I chapter. The Public Works Engineer may disconnect from the p&uC sewer any connection sewer; msrin line sewer, or other facility which constructed, connected or used without permit, or which is consh connected, or used contrary to the provisions of this chapter. z. e'% Sec, 68.135, NOTICE. The Public Works Engineer shall make e\.srrs. reasonable effort to notify the owner or occupant of the premises aff~w by any proposed disconnection and may grant a reasonable time for &E2z*+ tion of the violation. Notification shall be made by delivery of a noace fa, writing, either to the occupant of the premises or to the record d the property as shown upon the last equalized assessment roll for Co=tf. taxes. Such notice shall be delivered either by first class mail, pows prepaid, or personal service. Sec, 68.136. EXCEPTIONS. Trunk line sewer, sewage treatment plants and sewage pumping plants under the jurisdiction of any Sanitary District in the County are excepted from the provisions of Articles 1 ta 7, inclusive, of this chapter. The provisions of Articles 1 to 7, fnclus:ts, of this chapter shall not be applicable within any Sanitary District of the County unless specifically adopted by the governing body of such Saniw District. ARTICLE 3 c PERMITS AND PLANS i Sec, 68.140, WHEN PERMIT REQUIRED. No person, other than pe:" SpecFfLcally excepted by this chapter, shall commence, or do or cause to ke done, or construct or cauee to be constructed, or use OF cause to be or alter or cause to be altered, any public sewer main line sewer, 6effer service lateral, sewage treatment plant, sewage pumping plant, or bdu~*d liquid waste pretreatment plant in the wincorporated territory of COW without first obtaining a permit from the Public Works Engineer. See. 68.141. WHEN PERMIT NOT REQUIRED. The provisions of tbbY Articles 1 to 7, inclusive, of this chapter requiring hermits shall not to any Sanitary or Ssrnitation District in the' County o'r to contractors structing public sewers and appurtenances under contracts awarded and entered into under proceedings had or taken pursuant to any of the SFi3 procedure statutes of this State providing for the construction of Sewem W' the assessing of the expenses thereof against the lands benefited therekY9 @' under contracts between the contractor and Board of Supervisors. 0 68. I42 sc. 68,142, PER”fiTS NOT TRAXSFERABLE. Permits issuet, under ss chapter are aot trzmsferable from one person to another, or from one ,lace to awther, and comec42ona shall not be made at any place other than ae location speoifieaEy desigmted therein. sc, 68,143, APPLTCATLOX FOR PERMIT. Any person requiring a vmit under the provisions of this chapter shall make written application &erefor to the Prrblie Works Engineer, giving such information as said mlic Works Engineer pzy require, The Public Works Engineer shall apovide printed applicatjon forms for the various types of work permitted tmder this chapter$ imEeatiDg thereon the information to be fudsirmed by *e applicant, Tfie RibIic Works Ergfneer may require, in addition to the Momation furnished by the prilited fcrm, any additional idormation from &e applicant which will enable the PMic Works Engineer. to determine &3t the proposed work complies with the provisiozs of this chapter. See. 68,144. PUELIC WORKS EXGLYEER SHALL XSSSUE PE-T. If at appears from the application for ay permit req~red by this shagter &at the work to be performed therecder is to be done according to the provisions Q€ this chaptw, the RbEc Works EngiEeer upon receipt of the fees hereinafter required shall issue swh permit, . See. 68,145 . SEWERS IN COUNTY HIGHWAY. The Public Works Engineer shall, before granting any sewer permit for the construction, installation, repair or semovzl of ay sewero or appurtenance thereto which will necessitate ay excavation or fill-in, upon or under arty public highway in the County except State highways, first require the appGcant to obtain a permit from *e Counti-y Road Commissioner, See. 68.146. SEWER IN STATE HIGHWAY. The person obtaining a SCWeP permit from the Public Works Engineer for the construction of a #ewer in a State highway shall, before commencing work thereon, obtain 8 permit from the State Department of Public Works (Division of Highways), %e. 68.147. MAIN LINE SEWERS.- Before grmtiEg a permit fer the eonstruetion of acy mzk? Ihe sewer, with or without sewer service laterals, afie Public Works Eagflreer shall check and approve %he plans md specffica- UOnS therefor as to their compliance with County, State and other govern- mental laws or ordi~anc~s, and as to coIlformity with the standards of design hereinafter established by this chapter. SC. 68.148, Immmi.4~ LIQUID WASTE AND IFDUSTRIAL SEWAGE PBpOSAL,. Before granting a permit to any applicant to discharge my bdutria€ liquid waste or industrial sewage into any public sewer, the UhC Works Engineer shall determine either that the waste is one which Mfl not damage or destroj the public sewer or cause an unurarraated in- crease in the cqst of mzk-itemnce of the public sewer or retard or inhibit bcatment. treatment of the sewage, or is one that can be made acceptable by pre- 4 $ t: ' ,' i F. t -. " See. 68.149. PRETREATMENT PLANTS REQUIRED. In the e\'gnl treatment is required to make the waste acceptable as prsvided under Section 68.148, the application for a permit to chispose of industrm uqG$ or industrial sewage shall be accompanied by sultable plans and specuica, tions shaving the method of collection and pretreatment prowed to ww and a permit shall not be issued until said plans and specifications or required modifications thereof have been checked and approved by the &A;~~ Works Engineer. Sec, 68,150, PUMPING AM) TREATMENT PLANTS. Before grana% a permit for the construction of any sewage pumping plant or sewage trw* ment @ant, the Public Works Engineer shall check and approve the pb and specifications therefor as to their compliance with County, State, w other governmental laws or ordinances and shall require that the faciUQm be adequate in every respect for the use intended, ARTICLE 4 FEES c Sec. 68.151. RECORD OF FEES, The Public Works Emeer shall keep in proper books a permanent and accurate account of dl fees received under this chapter, giving the names and addresses of the persons on wB+w accounts the same were paid, and the date and amount thereof, which shall be open to public inspection. The Public Works Engineer shall pv all fees received by him into the County Treasury daily and take the Treahs: receipt therefor, Sec. 68.152 e DEPOSIT FOR CHECKING PLANS AND SPECIFICATlOS% With every request to the Public Works Engineer to check and approve Pm and specifications, as required under this chapter, the applicant shall deposit a Bum estimated by the Public Works Engineer to be sufficient 30 cover tbe cost of checking the plans and specificatiuns including all cmrhS~ and other indirect costs. L Sec. 68.153. DEPOSIT FOR CHECKING RIGHTS OF WAY. *#here plms submitted to the Public Works Engineer for checking md apprmd provide for the construction of a main line sewer ur sewer service late& within a street, highway, alley, place, OF right of way not dedicated Or granted to the Sariitation District within w&h the line or lateral is to located or to the County or the public, and such dedication or grant required prior to the connection of the sewer line (or lateral to a sewer 5j I1 deposit a sum estimated by the Public Works Ergantea- over the cost of examining or preparing ail documents , , 68.156 P '44 of the work which may be caused by the use of such pa~t by thepubt,g Such utilization, however, shall not relieve the permittee from rCt;diAt sibility for any defect, omission or faultywork, oP" for any damage caused by his subsequent operations at the site. Sec, 68.157. MATERIALS AND CONSTRUCTION. AB1 mateate used in any work done under provisions of this chapter shalt be first-class material and shalt conform to, and the manner of conairw shall meet, all the requirements prescribed by the "Sari Diego Coug% Standards for Sewer Constructionft, referred to in Section 68.159, a any amendments thereb approved and adopted by the Board of Sup~r*-+ and filed in the office ob said Clerk, {Amended by OP~. No. 2098 (3.0 Eff .' 9- 22- 60) Sec, 68.158. MAINTENANCE INSTRUCTIONS, The Public WW;LJ Engineer may inspect as often as he deems necessary any plant, sewage treatment plant and industrial liquid waste pretrea;rr.cw plant to ascertain whether such facilities ape maintained and operata kr accordance with the provisions of this chapter, All persons shall p$ the Public Works Engineer to have access to all such facilities at aD reasonable times. sewage ARTICLE 6 SEWER DESIGN STANDARDS - Sec. 68.159. WORK AND PLANS SEMLL CONFORM. Except a* provided in Article 8 of this chapter, all work performed and all pba and specifications required under the provisions of this chapter shalt . conform to the requirements prescribed by the "Sari Diego County 5.a for Sewer Construction", * the Clerk of the Board of Supervisors as Documents Nos, 284301, i%6''*>' three copies of which are on file in tho endments thereto approved and adopted by iled in the office of said Clerk. {Amended by Od- 2098 (N,S,) Eff. 9-22-60) ARTICLE 7 b; GENERAL REG~~UTIONS Sec. 68.160. PUBLIC WORKS ENGINEER TO ENFORCE. The * Works Engineer shall enforce all the provisions of this chapter and "' such purpose shall have the powers of a peace officer. DIVISION 9 INSANITARY PREMISES CONDEMNATTON OF BUILDINGS ", sc. 69.101. CONDENLNA~ON OF BUILDING. When any building or gmmises have been inspected or caused tct be inspected by the Director & public Health md the plumbing or sewage disposal unit or system of $sh building or premises is found to be defective or insanitary, notice I that effect shall be served upon the tenant occupying the premises, if *&re be a tenant, or the owner or his agect, and the said notice shall wify the character of repairs and alterations to be made in order to &mfnate the defective or insanitary condition, If such repairs and altera- %cm, as specified in said notice, are not commenced in good faith within five days from the date of the service of such notice and completed within *e time specified therein, tkte Director of Public Health may condemn the dd building or premises as being insanitary and unfit for human habita- Qon, and its occupancy thereafter is prohibited. c WC. ~)Y.IVL~ AYWLLU~ ,,'AT BUILDING HAS BEEN CONDEMNED. ---J--ned by the Director - ~ __ "J - --__ - - ic Health, the occupants shall immediately vacate the premises 3 as all repairs and alterations required by the Director e been conaemaea Ior s~ry t-auD,c! said Director shall place or cause to * .. -de. When a building or premises laced thereon a placard reading as follows: THIS BUILDING HAS BEEN CONDEMNED AS BEING INSANITARY AND U"IT FOR HTJMAN EI.ABITATION, AND IT IS UNLAWFUL .FOR ANY PERSON TO RESIDE IN OR OCCUPY THE SAME. 4 1 Director of Public Health 9 i 1 Sanitarian (Inspector)