HomeMy WebLinkAbout1982-09-21; City Council; 7167; ADOPTION OF COUNTY HEALTH AND SANITATION AND ANIMAL CONTROL CODE BY REFERENCEr
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CITI, 1bF CARLSBAD - AGEND
TITLE: ADOPTION OF COUNTY HEALTH AND
SANITATION AND ANIMAL CONTROL CODE BY CIT 7 MTG. ?-2/-8&
DEPT.= REFERENCE
RECOMMENDED ACTION:
Introduce Ordinance No. co b3 and set the matter for pub1
hearing at the next regularly scheduled couiicil meeting whic
more than 15 days from this meeting date.
ITEM EXPLANATION
The City of Carlsbad adopts by reference various portions of
County Code of Regulatory Ordinances. Each year the county various sections of its code and the City must then consider or not to adopt that amendment as part of its own regulation After several years the amendments in the City code become s
numerous that it is difficult to ascertain exactly what the
Therefore, it is necessary to periodically readopt the provi
the County Code as a whole and start over again. The ordina before you will readopt those portions of the County Code de
with health and sanitation and with animal control. It is !
that we keep current on these provisions because we have a (
with the County to enforce the health and safety regulation:
City of Carlsbad. The County collects fees as established 1
County ordinance and our contract with them provides that ij
not amend our fees to correspond with the current county fea
City shall reimburse the County for any money lost because 1
has not yet updated its code. There are two significant prc
of the County Code that the Council should be aware of. Thc is the addition of Division 5 of Title 6 of the County Code
Regulatory Ordinances beginning with Section 65,101. This 1
puts in one place all of the fees which wil.1 be levied by t for enforecement of the health and safety regulations. Bec
county has put all the fee requirements in one place it wil
easy matter for the City to update its ord:inance in subsequ years. The second important change deals with a new ordin
adopted by the County to regulate hazardous waste facilitie
handling of hazardous material. Copies of the letters we h
received from the County Health Department explaining their
ordinances are attached.
EXHIBITS
Ordinance No, 4-463
County Health Department letters
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ORDINANCE NO. 5063 IL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 6, CHAPTER
6.02 OF THE CARLSBAD MUNICIPAL CODE TO READOPT CERTAIN DIVISIONS OF TITLE 6 OF THE COUNTY CODE
OF REGULATORY ORDINANCES DEALING WITH HEALTH AND
SANITATION BY REFERENCE AND AMENDING TITLE 7
CHAPTER 7.07 OF THE CARLSBAD MUNICIPAL CODE TO
READOPT CERTAIN PROVISIONS OF THE COUNTY CODE OF
REGULATORY ORDINANCES DEALING WITH AMIMAL CONTROL
BY REFERENCE
The City Council of the City of Carlsbad, Califor
does ordain as follows:
SECTION 1: That Title 6, Chapter 6.02 of the Cai
Municipal Code is amended to read as foll.ows:
COUNTY CODE
Sections:
6.02.010 Adopted by reference -- Interpretation.
6.02.020 Violation. I &. 56 wv &Lgd 16
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6.02.010 Adopted by reference -- Interpretation. Division -1; Division 4; Division 5; Chapters 1, 2, 9 an3
9 of Division 8; and Division 9 of Title 6 of the San Diel
County Code of Regulatory Ordinances as amended through S
1, 1982 relating to the subjects of healch and sanitation
adopted by reference as part of this Code, except: a) Wherever the provisions incorporate
to a county board, territory, area, agency, official, emF
otherwise it means the corresponding city board, territor
agency, official or employee or otherwisi2 and if there is
such corresponding city entity it means the county entity
in that capacity on behalf of ehe city. b) Section 65.107, subsections (s), (t
(v), (w), (x) of Division 5 of Title 6 of the County Code Regulatory Ordinances are not adopted.
c) The definition of "apartment house section 66.1001 of Division 6 of Title 6 of the County Cc
Regulatory Ordinances shall not include an ownership on E
occupied condominium. "Condominium" is defined as an est of real property consisting of an undivided interest in
common in a portion of a parcel of real property together separate interest in space in a residential building on c property.
Division 6; Chapters 3 and 4 of Division 7; Chapters 3, 6
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d) Section 67.301 of Division 7 of Title 6 is not adopted.
e) Section 68.811 of Chapter 8 of Div:
of Title 6 of the County Code of Regulatciry Ordinances is to read as follows:
68.811 Permittees. Any person, association,
partnershyp or corporation required to obtain a permit unc
chapter shall make application to the County of San Diego
Department ?f Health Services. An annual non-refundable :
amount of which shall be determined by the County Board o Supervisors and kept on record at the Department of Healtl
Services, shall accompany each application. The fee shal
used to defray the cost of administering and enforcing th
chapter and chapter 9.
f) Section 68.905 of Chapter 9 of Div of Title 6 of the County Code of Regulatory Ordinances is to read as follows:
68.905 Permittees. Any person,, association,
partnership or corporation required to obtain a permit uni
chapter shall make application to the County of San Diego
Department of Health Services.
amount of which shall be determined by the County Board o
Supervisors and kept on record at the Department of Healt
Services, shall accompany each application. The fee shal
used to defray the cost of administering and enforcing th chapter and chapter 8.
this Code shall apply to any violation oE this chapter.
An annua:L non-refundable
6.02.020 Violation. The provisions of Chapter
SECTION 2: That Title 7, Chapter 7.08 of the Ca
Municipal Code is amended to read as follows:
Chapter 7 o 08
RABIES, ANIMAL CONTROL AND I REGULATION
Sections:
7.08.010 Adopted by reference.
7.08.020 Violation.
7.08.010 Adopted by reference. Title 6, Divisi
Chapter 6, of the San Diego County Code of Regulatory Ord as amended through September 1, 1982 relating to rabies,
control and regulation is adopted by reference and incorF
as part of this code, except that wherever the provision:
///
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1
I
BOARD OF
TOM nP
FIRST 0
”. @ (W
PAUL W
SECONC
ppJ E
ROGER
THIRD C
~~~A~~~~~ WEALTH ~~~~~~~~
4700 Pacific Highway, San Diego, CA 92101
JAMES A. FBRDE, Director
JIM EA1
FOURTI
PAUL E
FIFTH 1 Office of the Deputy Director Public Health Services (714) 236-2237
June 15, 1982 5
Frank Aleshire, City Manager City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
SUBJECT: HAZARDOUS MATERIALS ORDINANCES
Dear Sir :
On May 25, 1982 and June 15, 1982 the San Diego County Board of Super adopted two ordinances requiring disclosure of and providing for regulat hazardous and extremely hazardous wastes. The intent is to allow for ( protection of the health and property of the citizens of San Diego County,
ees of industries handling hazardous materials and emergency response per Copies of the two ordinances are attached. In adopting these ordinance Board took further action urging all cities within San 3iego County to adop ordinances to insure countywide protection and continuity of services. In dance with this direction and Basic Health Agreement between the County
Diego and your City, we are requesting your City Council adopt the attachel
n ances .
The first ordinance (No. 6293) requires all persons handling hazardous mate,
disclose such information to our department on a form to be provided department. The department would then make the information available on a basis to emergency response personnel and, upon request, to health care fac
and to physicians.
The second ordinance (No. 6376) estsblishes a permit system, and with tl
generated, creates an enforcement and survei 11 ance program. The program empowers the local health officer to enforce the provisions of Chapter 6.5 sion 20, of the California Health and Safety Code, will provide for inspec
facilities handling hazardous waste and for limited medical assessments w cidents occur in which people have been exposed to hazardous waste. The hazardous waste management plan, as it was presented to the Board of Super is provided along with the ordinance.
Since both ordinances establish fees to cover costs, the department’s servi
be provided at no additional cost to the cities adopting the ordinances. establishments required to obtain a permit and pay the fee under the ordinance, will not have to pay the fee required by the first ordinance.
,-a" a** * \ W (P
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Hazardous Materials Ordinance June 15, 1982 Page 2
The fee schedule for the hazardous waste surveillance program (the second
nance) has already been set by the Board of Supervisors and accompanies that nance. The fee schedule for the d-isclosure ordinance (the first ordinancc pends on the number of cities adopting the ordinance and, therefore, will I as soon as all cities take action. The fee for the first year will rang( $35.87 to $47.85, as explained in the remarks section on the last page c
disclosure ordinance. for your City's automatic adoption of the fees set by the Board of Supervisoi
Once your City Council has authorized the Department of Health Services to el all provisions of the County ordinances in your city, please forward two cop the resolution, as soon as possible, to this offjce.
If you have any questions on this matter, please call Gary Stephany, Chief, sion of Environmental Health Protection, at 236-2243.
Very truly yours,
Appendix A provides you with suggested wording which
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DONALD G. RAMRAS, M.D., Health Officer and Deputy Director for Public Health Services
DGR:JF/lh
Attachments (3)
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DIVISION 6 - TR&ILERS AND TRAILEZ PARKS
Chapter f Park Rules and Regulations .... 56,3.01-5t
Chapter 2 Use and Storage of Trailers .. 56.201-56 Article 1 General Provisiens ......-. 56.201-51 Article 2 Permitted Uses ...000e,.... 56.210-56 Article 3 Trailer Coach Use Permits . 56.220-5f Article 4 Revocation or Suspension *. 56.230-Sf Article 5 Trailer Roundups ...OO....O 56.240-51 Article 6 Seversbility .0.08bD.0....~ 56,250
DIVISION 7 -* COUNTY REGULATIONS SUPPLEMZNT STATE
REGULATIONS .oo*.eO*ee.s~o~.o.~.e.. 57.101-5;
TITLE 6
WLTH AND SANITAT%ON
DIVISEON 1 - FOOD
Chapter 1 Preparation and Distrib*Jtion
of Food ..O.OO1O~O1.e.,...O. 6101QO-S1 Article 1 Definitions and General
B~OV~S~O~S D e o. e D * . e e , . a @ p B *, . e $. . s 61.100-61 Article 2 Public Ecalth Pc-mkt . . e De * 6P.:Lo-51 Article 3 General Regulations ee...,. 61.130-61 Article 4 Beverages .e..e..r.e.o.c..o bY.160-61 Article 5 FUOC ve~ding Vehicles .*... 61.170-61 Article 6 Vending Maehimes O......C.. 61.180-61
Chapter 2 Focd Handl~~sye.o......,tO.... 61.201-61 Chapter 3 Destruction of Spoiled 1700d oe 62,301-61
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DIVISION 2 - ANIMALS AND POULTRY
I
Chapter 1 Livestock Article 1 General. Provisiorcls arid
Definitions ......O..T.O..CO.n...... 62.101-62 Article 2 Remo'bral. of Livestock ..O... 62,120-62 Particle 3 Importation of Livestock . . 62 .123-62
Article 4 Quarantines eQe.....q,...... 62.130-62
Article 5 TU~~XCUZCS~S Tests .,...... 62,136-62 Article 6 Eiag Ranches 00....e........ 62.150-62
.Article 7 Slaughter Houses ....O..... 62,260-62 Article 8 Cattle Feed Yards .....,... 62.170-62
Chapter 3 Strays ......OO....O.e...P.... 62.301-62
Chapter 4 Rabbits .*.o.oe~..r....~~...eo 62,401-62 Chapter 5 Protection of Elk .400..e..... 62.501 1
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Chapter 6 Rabies, Animal Control and
r Regulation
Article 1 General Provisions and
Article 2 Rabies Provisions ....0..0. 62.610-62.6: Article.3 Dog Licenses ..O........... 62.620-62.6; Article 4 Shelters .............*.... 62.630-62.6: Article 5 xtennel ~icensing **.0..0... 62,640-62.6: Article 6 Control. Provisions Q..0..,. 62,660-62.61
Cbpteer 8 Disposal of Dead Animals ..o.. 62.802-62.8: Chapter 9 Bees
Article 1 Definitions and General
Provisions o*.....O....O.O.......... 62,901-62.3( Article 2 Generz1 Regulations e.tbeO. 62,921-62.9; Article 3 Fire Protection Required
Article 4 Certificate of Apiary
Definitions ....OO.O.............*-. 62.601
for Apiaries .C......DO..OO......OO* 62.941-62.94
Inspection .......Q..O.............. 62,961-62.!3( Chapter 10 Use of P.nimaEs or Fowl for
Target Practise .e.....O.O.. 62.1001-62.
Chapter 11 Areas Devoted Chiefly to
Grazing OQ....O....OO.....O. 62.1101-62. Chapter 12 Protection of Reptiles .e..e.* 62,1201-62.
DIVISION 3 - CROPS ASID PEAMTS
Chapter 1 Quarantine Regulations ......* 63,101-63.1
Chapter 3 Removal. of Plants ...O...e..e. 63.302-63.3
Chapter 2 Pest Coi~troi ............*...* 63.201-63.2
DIVISION 4 - DISEASE CONTROL
Chapter 7 General Provisions--Nui%ances 64.101-64,1
Chapter 2 Elosquitoes and Flies ...0..... 64.201-64,2 Chapter 3 Control of Fly Nuisances
A~ticle P Definitions and General
Provisions ...OO.....O....O..O...*~. 64.301-64.3
Article 2 Industry Regulation .......- 64,310-64,3 Article 3 Enforcement ..O......O..... 64.320-54.3
DIVISION 6 - SANITATION REGULATEOKS FOR BUSINESSES
Chapter 1 Applications, Permits and Fees 66.101-66.1
Chapter 2 Camps and Picnic Grounds ..... 66.201-66.2
Chapter 4 Refrigeration Plants
Article 1 General Provisions .....0.. 66.401-66.4 Article 2 Regulations ............... 66.410-66.4
Chapter 5 Massage Es$ablis~ents........ 66.501-66.5
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CPLapter 7 Pool Halls .O.ao.....o..oe.... 66.701-t r ---&I Chapter 8 Reduction Plants ..ee..ePm.... 66.801-6 Chapter 9
Chapter 10
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Enforcement of State Housing
Permits for Apartments and
Law ..o......oo...oo..~~.o~. 660(301-6
Hoteis .,..O....m......e.... 66.1001-
DIVXSIQN 7 - WATER AND WATER SUPPLIES
Chapter 1 Waste of Water aem...eoe.....* 67elOI-6 Chapter 2 Pollution of Waters .eoa.o.e.. 69.201-6 Chapter 3 Public Swimming Pool Plans e . o 67.301 -f
Chapter 4 Wells Pirtic%s 1 General ooome.....oeeo....o 67.401-6 article 2 %ell Standards ~dvisory
Board .a.emee..Db.*.a..Dm...~.~oa... 167,410-6
Article 3 Standards ...m..ODOO..s.... 67.420-6
Article 4 Nu~s~~c~s eao..eo..e.e..ae. 6'9,430-6' Article 5 Construction, Rapair, Re- construction, and f>astruckion sf k?ehls. 67.440-6'
DWISEOFJ 8 - SEWAGE AND REFUSE DISPOSAL
Chapter 1 SQWEXS and Sewage Diepoaal
~reicla 1 ~en~rab ~sravisions and
Article 2 Specific Applieatisns .e.e. 68.130-6t Article 3 Pernits and Plans e......8. 68.140-6I
Article 6 Sawer Design Standards ..0. 68.159
Article 7 General Regulations (leOO.O. 68.160-QE
Article 8 Public Agencies .eDa.O...m. 68.180-6E
Article 1 General Provisions and Dafinikions OOO..OIO...J.eoO..o...~o 68.301-68 Article 2 General Requirm,ents . . . . a. 68.310-68
Article 3 %nstaSlation of Sewage
Article 4 mrmits and Znqxctiom e e a 68 (. 325-68
Article 4 MiscsPPaneaus Provifrsiows .e 68.360-68
Plants
Definiti~ns 0...a..0o......000.om.o~ 68o181-6t
JWticle 4 Fees .3.....oeoem..~....a.. 68.151-68
Article 5 KIISpeC$iOnS ~~~*~oo.E~oo~oo 68.156-6E
Chapter 2 Connections tc S~QSQ~S ae.e.eey 68.201-6E Chapter 3 Septic Tanks and Seepage Pit68
Collection Tanka oa9ao~oo~~~eoeob~0~ 680320-68
A4rticae 5 Sp@cifications eO@*.OO.O... 680340-68
Chapter 5 Collection and Transportation
Article 1 General Provisions and
Article 2 Establishant of County
Article 3 Refuse Collection and
of Garbage and fiubbish
Definitions ......~..OO..O....O..s. 68.582-68
Refuse Disposal Areas .odB..o...mp. 68 e 510-68 6' Transportation ....re.nm....reo.... 68,520-65
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%’ Chapter 6 Septic Tank and Cesspool ’ CleaPlerS *oe..e.....oeo..e.. 68.601-68.607
Chapter 7 Accumulation sf Junk ..0.O.... 68.701-68.714
Chapter 8 Abatement of Weeds and Rubbish 68.881-68.809
DIVISION 9 - INSANITARY PREMISES
Chapter b Condemnation of Buildings ...., 69,L01-69.l02
TITLE 7
HIGrnAYS P*ND TRAFFIC
B%VXS%ON 1 - PROTECTION OF HXIGXWAYS
Chapter 1 Applications, Permits, Fees and Gszeral Provisions .......... 71.PQ1-71.r19
Chapter 2 Moving Buildings andStxucW 71.281-71.226
Chapter 3 Excavations, Fills and Obstructions ...De...0...... 71,301-71.329
Chapter 5 Planting, Tzfhming and Removal Chapter 4 Construction O~~..eo..Oo.e..O. 71.401-71.429
-.e IT--- WL a.ie.Q6, Article 1 Trirming oar Removal of Trees
Article 2 Planting of Trees, Hedges Hedges and Shrubs .O.O...b...e,..... 71.501-71.505
and Shrubs .a.C.......O.....BOO..... 71e510-71e512
Chapter 6 Encroachments ...e.....D...Oe. 7ke6QI-71e613
DIVISION 2 - TRAFFIC CODE
Article l General Provisions and
Definitions .O.............OOeO....~ 72.1-72.26 Article 2 Obedience to Traffic Regulations .ee .00. DO.O......O...... 72.50-72-52
Article 3 Traffic Control Devices ... 72.60-72,75
Article 4 Turning Xovements .......c. 72.80-72.83 Article 5 One-way Streets .........e. 92.90-72.92
Article 6 Through Highways--Stop
Article 7 Stopping, Standing and
Article 8 Stopping for Loading or
UhlOadhg only ..0.500.......800..0. 72.130-92.138 Article 9 Parking Time Limits eD.0... 72.140-72.148
Article 2.0 Angle Paxking ...0....00.0 72.150-72.158
Article 2.1 Decrezsed Speed Limits *e. 72,160-72.169
Article 12 Increased Speed Limits #.. 72.170-72.179
Iatersections--YiePd Right-of-way
Intersections .....s.........O.....~ 72.100-72.107
Parking ...........O....e..e........ 72.110-72.125
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12-62
TITLE 6
HEALTH AND SANITATXON .
DIVPSION 1
FOOD. ''
CHBPTER I
Repealed ?X new Chapter 1 Added by
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Ord. NO. 2443(iia%) Eff. 12-7-62
PREPARATION AND DISTRIBUTION OF FOPD
ARTICLE P
DEFINITIONS AND GENERAL PROVISIONS
Sec. 61.100. COUNTY REGULATIONS MORE STRICT THAN
CALIFORNIA RESTAURANT ACT, 'like Board of Superv5son.s hereb
enacts the folbwing regulations and standards, under the authority (
Sectior, 28693 of the California Restauraat Act, and finds that they a
more strict than those of the Ca1iforni.a Restaurant Act. The Health
Officer shall enforce the provisions of this division as well as the
California Rest ausant Act.
Sec, 61 3.01. DEFINITIONS.
Any word or phrase hereina-fter used and not herein defined shal
be given the meaning established for such word or phrase by the
California Restaurant Act OF, if not there defined, the common and
ordinary meaning required by the context in which it is used. Whent
in this chapter the foilowing terms are used they shatL have the meat
ascribed to them in this article:
(a) lfAPPROVE'l, 11APPROVED18 or ~~APPRO'VJLL~~ means the
approval of the Health Officer, QP the State Department of Public He
a8 a result; of tests or investigations or by reason of accepted princi
of public health and sanitation.
(b) WAL%FORN.A RESTAURANT ACTI' means Chapter 31 of
Division 21 of the Health and Safety Code of the State of California,
(c) fnESTA9EISHMEPST9t means any restaurant; itinerant restaui
food vending vehicle; vending machine a other then a'vending machine
which dispenses wrapped nonperishable solid foods or which dispensc
1
12-62 6%. 101
bottled or canned Liquid foods or beverages other than milk, ice cream,
milk products or other perishable foods or beverages, or which exclu-
sively dispenses peanuts I wrapped candy, chewing gum or ice; grocery;
pet shop; food market; meat or fish market; bakery; confectionary;
delicatessen; food or potable liquid packing or bottling plant; plant or
room used to prepare any food or beverage product whatsoever that is
dispensed by machine, whether or not such food or beverage product is
perishable and whether QF not such dispensing machine is a Itvending
rnzchine*f as defined in the California Restaurafit Act; temporary or
or any other place in the County where food OF beverages are prepared
for sale, sold, stored, distributed 0r displayed far sale.
w - 6 permanent food or beverage concession; winery; package liquor store:
fsEstabHishmentlf does not include a wholesale delivery truck used
exciusively to trawport previously inspected and packager& canned or
bottled foods or beverages, or any eombinatisn thereof, and does not
include a retail delivery truck used exclusively to transport previously
inspected and packaged, canned or bottled milk, water or groceries,
~r any combination thereof; ffestablishmentfl does include any wholesale
or retail delivery truck transporting any food or beverage product
other than or in addition to the aforementioned types of ~SS~UC~S.
(d) Y!?OOD OR BEVERACEII means f?h~dIr, as defined in Section
26450 of the Caisforaia Health and Safety Code,
(a) 11F80D VENDING VEHICLEf' means any vehicle as defined in
Section 670 of the Vehicle Code, or any mobile unit howsoever propelled
upon or from which any food or beverage is vended, displayed OF
givea away.
(f) WEALTH OFFICER" means the Director of Publie Health and
any regularly appointed sanitarian or employee of the Department of
Fublic Health. I
(g) ltPER%SHABLEIf means, with respect to food and beverage
products, those products which ~~pp~rt OF are conducive to the growth
of pathogenic micro-organisms; perishable food and beverage products
inchde but are not limited to fzesh, cured, prepared or packaged meat
or meat products, seafood or seafood products, custard and/or cream
pies and pastries, wrapped or unwrapped sandwiches, salads, znd
milk or milk products.
(h) lBPERMIT1l means the public health permit.
(i) "PROVIDED BY EA W" means authorized OP required by this
code, the rubes of the Board of Health, the California Restaurant Act
and other agpkzbla State laws, and the rules or regulations of the Skate
Department of Public Health.
61
"RETAIL DELIVERY TRUCK" means any vehicle usec the transportation of food or beverage products which ii not a wholesale delivery truck as defined herein, and ir
a vehicle used to service vending machines.
(k) "RULES OF THE BOARD OF HEALTH" means rules and
regulations promulgated by the County Board of Health ar:
approved by the Board of Supervisors,
(11 "WHOLESALE DELIVERY TRUCK" means a vehicle tha
delivers food or beverage products from a producer or di to a consumer, retailer or wholesaler pursuant to orders
for previously obtained; wholesale deliveg twck does not i a vehicle from which selling is done directly by a drive salesman or other person.
See. 61,102. ACTS PROHIBITED, It is unlawful for
person to do any act herein prohibited; to maintain any
lishment contrary to the provisions of: this chapter; or offer for sale, barter, trade or give away any food or b or permit the same to be done, without complying with th quirements provided by law in connection therewith.
establishment or activity which is found by the Health 0
to be unsanitary or a menace to the public health or whi in violation of this chapter or of the California Restau
Act is declared to be a public nuisance, The Health Off
is authorized and empowered to take such action as is ne
to abate the nuisance; In the event that immediate act1
necessary to preserve or protect the public health or s
the Health Officer is authorized and empowered to summan: abate such nuisance by any reasonable means ; otherwise,
Health Officer shall inaugurate proceedings in accordaslc
Section ll.116 of this Code or shall seek a court order
the nuisance, Nothing in this Code contained shall be d to limit the right and duty of the Health Officer to tak immediate action in the interests of the public health, and welfare. The remedies authorized by this section ar
exclusive, but are cumulative to other remedies provided
law,
Sec, 61,104, ENFORCEMENT OFFICER - AUTHORITY - INS
The Health Officer is authorized and empowered to enfore
provisions of this division and to inspect such activiti are regulated in this division for the purpose of determ health conditions of such activities, No person shall o or interfere with the Health Officer in the performance these duties. The Health Officer shall be empowered to
arrests and issue citations pursuant to Penal Code Secti 336,5 and 853,6 for violations of this chapter, (Amende
I e
2-73.
(j)
!
S~C, 61,103. NUISANCE--POWR OF HEALTH OFFICER. A
r Ord, No, 3594 (N,S,9 Eff, 11-5-70) I u
2-71 w - 61.110
ARTICLE 2
PUBLIC HEALTH PERMIT e
Sec. 61.110. PERMIT REQUIRED, No person shall sell, off1
for sale, barter, krade or give away any food or beverage and : person shall perniit the same to be done, from any establishmen unless such establishment has a valid public health permit, which permit has not been revoked or suspended.
Sec. 61.111. APFLICATION FOR PERMIT. Every person apply
for a permit shall file with the Health Department a written
application which shall set forth the name and address of the applicant; a description of the premises wherein or whereon it
is proposed t~ conduct the establishment; the type and nature
of the establishment proposed; and such other infornation as t Board of Health by rule may require, Every applicant for a pe shall pay to the Health Officer the annual inspection fee esta
lished by this chapter at the time of making such an applicati
Sec. 61.112, INIESTIGATION BY EiEaLTH OFFICER-G€?ANT OR
DENIAL OF PEILwlIT. Upon the filing of the application and the
payment of the required fee, it shall be the duty of the Healt Officer to investigate the information contained in the applic and the sanitary conditions of, in, and about the establishmen 'and to determine whether or not such establishment conforms tc
the requirements of this chapter, the CaliEornia Restaurant Ac
the rules of the Board of Health and the rules and regulation:
the State Board of Health. The Health Officer shall grant the permit if such establishment is sanitary and does conform wit1
such laws arid such rules and regulations; otherwise, he shall deny such application, The Health Officer shall send, deliver
give written notice sf such grant or denial to the applicant
within five (5) days following such grant or denial. A perrni-t
€or which application is made pursuant to this chapter may be granted at any time during the year,
i
Sec. 611,113. APPEAL FROM DENIAL OF PERMIT. A person
aggrieved by the denial to him of a permit may appeal from suc
denial to the Board of Supervisors in the manner set forth in Section 61.126.
St3C. 61.114. GRANTING AND REXOCATION OF PERPIIT-CONDITIO? A permit shall he granted only on the express condition that
it is subject to revocation or suspension upon a showing sati
factory to the Health Officer of the violation by the permitt
his employee, servant or agent, or any other person acting wi
his consent or under his authority, of any provision of this chapter, the California Restaurant Act, rule of the Board of
Health, or rule or regulation of the State Board of Health.
61.115
.1) - 9-77
Sec. 61.115. SEPAW-TE PFXNIT FOR EACH BUSINESS. A separate permit shall be required for each place of businc
concession, or vehicle used by permittee.
Sec. 61.116. ANNUAL INSPECTION FEE. Every person a
for a permit under the provisions of this division shall the time of making application for the permit pay the fol annual inspection fees:
1. For each establishment, other than a vehicle
or vending machine, a fee based on the average number of employees during the preceding year or, if in the opinion of the Health Officer
said average number does not reflect the number
of employees during the year for which the pern
sought with reasonable accuracy, the edtimated average number of employees.
1 to 10 employees ......... $30.0( I1 to 99 employees ........ 3.0(
100 or more employees ....... 300.0(
2. For each vehicle under the same ownership
and operating out of the same establish- ment .................. $15.0
3. For each vending machine dispensing milk, ice cream, or milk products or other kinds
of perishable foods or beverages, or
dispensing unbottled or uncanned liquid
foods or beverages, excepting vending machines which dispense unwrapped non- perishable, non-liquid food products. . .$ 3.0
4. For each duplicate permit replacing a permi-t previously issued ........ $ 6.0
In any case where the applicant has failed €or a period of 30 days to file the application and obtain thc
permit required by this chapter, there shall be added tc
collected with the inspection fee a penalty equal to 10 percent of the fee or one dollar ($1.00) whichever is tl greater; and for each additional month or fraction of a month after the expiration of said 30-day period that
the applicant fails to file such application and obtain
such permit, there shall be added to and collected with
the inspection fee an additional penalty equal to 10 pe: of the inspection fee; provided, however, in no event SI
the total penalty added to the inspection fee pursuant 1
this section be more than 60 percent of the inspection .
The imposition or payment of the penalty imposed by thii
section shall not prevent the imposition of any other p
prescribed by this chapter or a criminal prosecution fo
.@ .e
61. I16 9-77
t
violation of this chapter. Institutions exempt from
real property assessments and taxation are exempt from
paying the fees established by this division. (Amended by
Ord. No. 3415 (N.S.) Eff. 10-22-69) (Amended by Ord. No. 449
(N.S.) Eff. 5-22-75) (Amended by Ord. No. 4609 (N.S.) Eff. 12 -18-7 5)
Sec. 61.117. RENEWAL OF PE,WIT-10 PERCENT PENALTY
FOR DELINQUENCY. A permit issued pursuant to this chapter
shall expire on the one-year anniversary date of the date of
issuance and each permit shall be renewed annually. Applica for the renewal shall be made to the Health Officer. At the time application is made there shall be paid to the Health
Officer the annual fee prescribed by Section 61.116, which
annual fee is due and payable each year. The annual fee, ij unpaid, is delinquent 30 days following the date it is due,
and thereafter a penalty shall be inposed in the manner pre-
scribed in Section 61.116. (Amended by Ord. No. 4962 (N.S.:
Eff. 9-15-77)
Sec. 61.117a. CONVERSION TO YEAR ROUND LICENSING. No1
withstanding the provisions of Section 61.117, the Health
Officer may issue permits pursuant to this chapter for less than a one year period during the 1978 calendar year for
purposes of conversion to year-roiind issuance, Such permit
shall expire on the date assigned by the Hezilth Officer and shall be renewed as provided in Section 61.117. The fee pa
for a permit being converted to year-round issuance shall bl
reduced by an amount equal to 1/12 of the total annual perm
fee for each month less than Gne year for which the permit
issued. The reduction specified in this section shall be
applicable provided the permit fee is paid prior to the dat
the penalties become due on such fee.
(This section shall remain in effect only until Decemb
1978,-.and as of that date is repealed.) (Added by Ord. No.
(N.S.) Eff. 9-15-77)
Sec. 61.118. PEWIT NOT TRANSFERABLE. A permit is nc
transferable for one person or one place to another, and
shall be deemed voided if removed from the place or locatic specified in the written application and in the permit.
\ See. 61.119. SCORE 80 PERCENT-ALPHABETICAL GRADE CAR1
The Board of Health, by regulation, may adopt a score card for the grading of establisknent undergoing inspection. Nc permit shall be issued to any establishment scoring less tl
80 percent on the score card. Each establishment shall
maintain standards of sanitation and health sufficient to
score 80 percent on the score card at all. times. If upon
0. .. '
61.119 9-77 I
inspection any establishment shall fail to attain a score
of 80 percent, due written notice shall be served on the applicant for the permit. The notice shall list the defic
and state that such deficiencies must be corrected. within days, at which time a reinspection will be made. An
establishment failing to comply with the written notice, I
failing to attain a score of 80 percent on the reinspecti(
shall immediately close and remain closed until a score o
at least 80 percent is achieved on a reinspection by the
Department.
The Health Officer shall issue an alphabetical grade
card to each restaurant inspected, which grade card shall displayed at all times while the restaurant is open to tb
Fublic. Restaurants scorinq 90 percent or more on the sc
card shall receive an "A" qrade card; those scoring 80 tc 89.5 percent shall receive a "B" score card; those scorir
below 80 percent shall receive a "C" score card.
/ I
I
(\ 4
61
0. .- 0.
9-63
Sec. 41.120. PERMIT AND GRADE CARD TO BE POSTED.
health permit and/or alphabetical grade card issued shall be kept I
in a csnspicuous place in the establishment for which the permit is
The Health Officer shall prescribe the location in or on the establi
where such permit and/or grade card shall be kept posted. The alp
grade card shall not be defaced or marred, or camouflaged or hidc
4x1 prevent the general public from observing it.
Sec, 6 1.12 It. PERMIT FOR SALE OF FRUITS, VEGETABLES
FARM PRODUCE BY BONAFIDE FARMERS. All farmers or ranc
dispose of fruits, vegetables and farm produce actually produced c
ranches, farms or property; a permit will be issued therefor with1
charge provided that each and every provision of this code regulat
type of produce to be sold or distributed is complied with, that the
or di~tribuhion of such produce or food is not made or ddne within
right of way of any public street or highway in the County, and tha
produce is sold from the property on which it is grown.
A.
Such fruits, vegetables or farm produce may be displayed on
sold from an open stand located on the property on which they are
provided ouch open stand is maintained in a clean, sanitary manne
Such open stand located pn the property on which such fruits, vege
and farm produce are grown may be mainbined as a part of an establ
for which a permit has been issued pursuant to Section 61 m 112 or :
separate stand for which a permit ha5 been issued purBuant to thif
Cider may be displayed and sold at such open stand provided it is
3 on the property on which such stand is located. (Amended by Ord.
2587(N, S. ) Eff. 9-19-63)
Sec. 41.122. SPECIAL PERMIT -ISOLATED RURAL AREAS
isolated or rural districts where running water, electricity or other
conveniences are not available, a special permit may be issued if ix
opinion of the Health Officer such is advisable and is consistent wit1
preservation of the public health and safety. All such special perm
be revocable for any cause which affects the public health and safe
Sec. 61.123. SUSPENSION OR REVOCATION OF PERMIT. TI
of Public Health shall order that ahearing be held, with himself as
officer, to determine whether or notthe health permit of an establi
should be suspended or revokedwhenever itappears to him, by re;
either citizen complaint or Health Department investigation, that t
of such permit or his employee, servant or agent, or anyperson a
his ccnsent or under his authority, has or may have violated any p3
of this division or any relevant requirement established or provide
Any hearing pursuant to this section and any order of suspension e
cation resultingtherefrom is supplemental to and shall not bar or
subsequent proceedings against such person initiated pursuant to ,
11.116 and 11. 117 of this code.
;
*
Sec. 61.124. NOTICE OF HEARING. Upon the determination
hearing be held pursuant to Section 61. 123, the Health Officer sah:
immediately send to the permittee a Notice of Hearing, which sha
provide @ub~3tantially as follows:
c
I Ze4
.e *. 0.
61, %Z4
'VVBTPCE OF IIEAPPPNG
P
gcst fnwne and address 0% permittee)
p1otics if3 hereby given that on the Direchi
of Public WQElth ob %n Bb@gca czunt
0rdeGed %hie 3 hedig baaid on
fo detern1iwa \vhzrher or
kc* you fos: the sstabliehm
know2a a@ BkaGmEd be suhlgsandsit or xr%VPok€3
(est far
c-
"The actions OB: inactiicsne csmplail%@d Qf aY$ a& fcbliowa: --= -
"363 prepar'ed to preksent cJvidoace and \Vi$FSeiLs.B%ta 03% VQUT Behalf at
this bearing if you BO dedr€X@ You m.Sy be s@pksssntcd by isgat CoaP$@e
eddeance preoeate
Pmr $ailwe to appear will not pge+vi~,% the mawmee of a5 or~ciiar ~f
@U@pC%lBiOR Of: €?eVOCat&OB @hoUid Wch OPdBY ap Bar fufdfied by the
RD PROCEDURE, $ha bol~s-.via
t3 b@M yAP@ulDt to this ebaptc V@l
&h@P 09 hie Qwa rnstfw Bp'g Ok3rt et5 tk@ p%tmitk@a acceded is by the
mrBG$Cs'iT@ aay memb?3%? Qf k$@ 23aaY.b @e EeoBtb miby act at3 kaa;.ang offic:
pr Qj udf c @,
The ~CJ~B ~XOQ~~S ~OO ~~~~q~~~~~~~~~~ ~BI f4i~:~ekl fate~aut, bias ~r
po~judd~at gw"tor kwoqkedg~ QO is&@ a.teas doe% isof eowtitute bias or
I
(b) Time: The hee;piag dim$ $Ef&.x% be no8 Lea@ than 10 arid no marc
than 30 d-tiOWhg the date 68 Which t%Oeiee t$@reCt% W88 fJ87lt tG the
per mitt e e e
[cf coatfnwtnc@: The hs&Lshg Q ice^ rn3y oedcr rruch eontinuance
or con%i*Zo ha doems !&@C%@@EraiP.y aaap prd%piW*
I
The County ilst not required ts furnish
Ed ~~~~~~~~~~~~~~~ C@@,t*@bgRd
mathod cpi rapartisg the ks&ErbPag& ehs
axpenst3 if he $0 da@ise@,
Ce) f AMLy pmsac;eduFa,'i or evidentiary
ir regula dmgmad to be waived ualtse~~ objseticm
09 0.
12-62 61
is taken thereto and a specific ruling requested thereon.
(f) Findings: Specific findings, including a finding that the pub1
health, safety and welfare are subject to a clear and present danger
be made but are aot required. If 5pecific findirags are not made the
hearing officer shalt make a general finding that the actions or inact
complained ofs as set forth in the Notice of Hearing, are true or unt
and that such actions OF inactions do or d0 not constitute a violation
of the condition. set forth in Section 6%. 814,
-__p-
(g) Decision and Order: If the hearing officer finds that the ac
or izaactizm-are untrue he shaiF. order thax the prscee
are dismissed. If the hearing officer finds that the actions or inact
complained of are true, and that a violtttioa as aforesaid has occurr
he shall order either that the permit be suspended for a period not t
exceed six months or that the permit be revoked. The decision and
of the heaying officer shall be final unless an appeal is taken pursua
Section 61, P 26.
(h) Modification or Rescission of Order of Suspension; if the - -u_- hearing oiiicer orders that the permit be sespendsb for a certain pe
the permittee may subsequently petition far the modification or res(
of the order of suspension and the reinstztement ~f the permit. Tht
hearing officer, in his discpetion, may gract or deny the petition; o
may grant the petition scbject to the eo~dition of the imposition of a
probatiocary period, during which period aEy vioiatior, by the perm
of the condition set forth in Section 61. Z 14 is grounds for summzry
suspension ef the permit for the remainder sf the pe~icsd establisha
the origizal order of scspension, ad is zbsu grounds far the irastitu
of new proceedings €0, suspension or revscatlon of the peymit.. Th
of the hearing officer with respect to such petition is final, and no
administrative appeal shall tie therefrom.
(i) Probation: If the hearing officer orders that the perm-it be
or revoked, he may, in the interests of justice and equity, further
that the order of suspension or revocation be stayed and the permit
placed on probation for a period not to exceed three years. The he
officer may grant probation on such conditions as he deems to be f;
reasonable. If the permittee is dissatisfied with the order of probz
or with the conditions thereof, he may reject the offer of probation
which event the order of suspension OK revocation shall become fin
the permittee is satisfied with the order sf probation he shalt indic
assent, and his agreemer,t to be bound by the terms thereof, by aff
his signature thePeto.
d Upon the charge by the Health Officer of the violation by the pe
of a condition 0% probation a hearing shalt be held pursuant to this I
12-62
e. 0.
QI.fZ5
limited to the issue of whether or not such condition was in fact breachec
1% it is found that the coadition was breached the original order of suspet
stion or revocation shall be forthwith enforced, and probation in the sam
matter shall not be granted again.
Upon the petition of the permittee for termination of probation and
release from the conditions thereof, the rules and procedures establisht
by Subsection (h) hereof shalb apply except that the Hearing oPficer shall
either grant or deny sack petition and shall not impose any condition or
ouch grant or denial,
Sec. 65.124. APPEAL. Any permittee aggrieved by the decision
OF the order of the hearing officer OF by thz 6enial of an a-papliczticm for
a health permit may, within 15 days of the &,te of the written announce-
ment of the decision and order or of the denial, appeal to the Board of
Supervisors. Such appeal shall be effected by dep~~iting in the office oj
the Clerk to the Board of Supervisors within szid 15 days a, nctice of
appeal which seta forth the Notice ob: Hearing and the decision and order
of the hearing officer. The Clerk shall present the notice sf appeal to
the Board sf Supervisors at their next reg~lar m-eeting, a: which time
the Board shall set the matter for hearing de covo at the earlieat date
possible in light of its regular business.
See. 67 o B. 27, APPEA L-RU LES AND PROCEDURES. The fo2lowin:
rules and procedures shall govern appeals pursuant to this chapter:
(a) Effect of Appeal: Upon. the filing of the notice of appeal the ordl
of the hearing officer shall be stayed uciess the hezrLp.,g officer bas four
that the public healeh, safety and welfare are thre~~eeed, ig which case
the Director of Pubiic Health shall make srder or orders as are necess
to safeguard the public health, safety and welfare. If the permittee agr
in writing to comply with such order or orders pending the outcome of
the appeal the order of the hearing officer shall in that case also be
stayed, otherwise it shall not be stayed.
(b) Hearing De Novo: The Eoard of Supervisors shall hold a heari
de novo at which time the Health Officer and the permittee may offer
any and all relevant evidence, whether or not such evidence was before
the hearing officer, and may make orah arguments.
Supervisors is not bound or limited in any way by the evidence before
the hearing officer, although it may consider such evidence, or by the
rulings, findings, decision or order of the hearing officer,
The Board of
fc) Contisuanxe -Transcript -1rregularitie s -Findings -Decision -
Order -M-of~rdeff -Probation: The provisions of Subsections
(e), (d), (e), (f), (g), (h) and (i) of Sec&on 61.125 apply to hearings
conducted pureuant to this section; provided, that in the hearings
0. 0.
7-76 e
conducted pursuant to this section the Board of Supervisor: exercise the powers given to the hearing officer by said St
of Section 61.125 and further provided that the decision ar
of the Board of Supervisors shall be final for all purposes
Sec. 61.128. CALENDAR YEAR 1976 FEES. Notwithstandir
of the provisions of this chapter, every person who appliec
the period December 1, 1975 through August 12, 1976 for a :
public health permit under this chapter shall not be liabl< penalties as provided in said chapter. The Health Officer
refund to any such person any penalties which were paid. T
section shall be operative only from its effective date to including November 1, 1976. (Added by Ord. No. 4733 (N.S.:
8 $.
8-19-76)
1 ARTICLE 3
GENERAL REGULATIONS
Sec. 61.130. RECOGNIZED INSPECTION SERVICE. No pers
sell, distribute, offer for sale, vend or give away any Ea
or prepared food or beverage product in the County other t product of an establishment that is regularly inspected by
Officer or some other Hezlth Department Inspection Service
nized and approved by the Director of Public Health.
Sec. 61.131. FOOD TO BE COVERED. No person shall se expose, or offer for sale, or cause or permit to be sold,
or offered for sale in the County any article of food prep intended for human consumption, which article of food is s'
cooked, dried or otherwise prepared and intended for human without further cooking, washing or other preparation, unl
article of food is covered or enclosed by glass or some ot substance or material in such a manner as to prevent the h
such article of food by any person other than the person s offering or exposing such article of food for sale, and to
such article of food from coming in contact with any delet
unwholesome or unhealthy substance or material; provided,
that the provisions of this section do not apply to food u in the process of preparation, or to food uncovered for di immediate consumption on the premises where steam tables 0
approved service tables are ip? use and are properly protec
unwholesome or unhealthy contamination as provided in this
and the California Restaurant Act.
Sec. 61.132. REFRIGERATION OF PERISHABLES. All peri food and beverage products shall be refrigerated at a temp
not more than 50 degrees Fahrenheit frum the time such foo beverage products are manufactured, processed or otherwise
suitable for human consumption until such time as such foc beverage products are delivered or served to the consumer. packages of perishable food or beverage products shall be
uously labeled "PERISHABLE--KEEP REFRIGERATED". c
Sec. 61.133. COMMUNICABLE DISEASE. No person, propr
or manager of an establishment shall require or permit any
0. .* 61.133
work, nor shall any person work, in any establishment, who is
affected with any communicable disease. It shall be the duty
owners, proprietors, or managers to report to the Health Offi any person afflicted with, or reasonably suspected of being a
with, venereal disease, smallpox, diphtheria,scarlet fever, d
measles, mumps. German measles, tuberculosis, typhoid fever, pox or any other infectious or contagious disease, whereupon
be the duty of the Health Officer to examine or cause to be e
any such person afflicted with or reasonably suspected of bei
afflicted with any of the abovementioned diseases and said pe shall no longer be permitted to work in any establishment whe
is handled, prepared, sold or distributed.
c
Sec. 61.134. LIST OF EMPLOYEES. All owners, proprietor
managers of establishments shall keep an accurate and complet
of all persons employed indicating the physical description o
and the duties performed by, each employee. A copy of the li
be furnished to the Health Officer and shali be kept constant
up to date, by said owner, proprietor or manager,
Sec. 61.135, EMPLOYEE CLOTHING. Persons employed in an
establishment for serving, preparing or handling food for hum
consumption, or handling food utensils, shall wear uniforms, or aprons which are made of washable material and kept clean all times.
Sec s Sf u 136. LIGHT, TvTNTILATIOX AXE PL'u'i4BIX'G. Every es
ment shall be properly lighted, drained, ventilate6 ar,d provi
with adequate plumbing and sanitary drainage, as provided by
floors of every establishment shall be smooth and cleanable,
be of goof quality nonabsorbent material and shall be kept in
repair and in a clezin, sanitary condition st all times. The
and ceilings shall be smooth, sound and cleanable and shall b
painted with oil paint or other approved finishing material a maintained in good repair and in a clean and sanitary conditi in the proximity of sinks, mixers, stovesp ranges or other eq
where water, grease or other matter is likely to be splashed,
shall be constructed of tile or other approved material to a
cient height thoroughly to protect said walls; provided, the
of stoves may be flashed with netal. Drainboards shall be ma constructed of metal, tile or approved substitutes. The use drainboards or wooden drainboards covered with metal is prohi Food preparation and utensil washing areas shall be painted w light colored oil paint or enamel.
See. 61.138. TOILET AND WASH ROOMS. Floors of toilet a wash rooms shall be of cement, tile laid in cement, or other absorbent material. The interior area of a toilet room shall
less than 18 square feet. No door or other opening from a to
room shall open directly into a kitchen, dining room or other where food is served,
Sec. 61.137. FLOORS, WALLS, CEILINGS AND DRAINBOARDS.
61
cooked, stored or prepared; an anteroom not less than 18 square feel
interior area with a solid door and ventilated to the outer air, shall 1
provided between the toilet and the other rooms of the establishment,
entrance to am anteroom shall be not less than four feet from the ent
to the toilet room. Every establishment shall be equipped with a wa
blush, toilet, hand basin with hot and cold running water, hand soap,
toilet tissue and single-use hand towels, all of which shall be locate
conveniently close to rooms used for food handling purposes. When1
three or more employees work in the kitchen of a restaurant, there
shall be provided a band basin equipped with hot and cold running wi
hand soap and single-use hand towels in such kitchen. Toilet facilit
for employees sha.11 be located co9avaniecfEy on the f:fciriiE;CS; where
there are five QP more employees not a8h of whom are the same sex
separate toilet facilities shall be provided for each sex.
09 0.i
12-62
,
Sec. 61.139. GARBAGE CANS. Every establishment shall be
vided with garbage ar,d trash cans with fly-tight covers, mede ~f rnc
other approved material, for disposal of vegetable trimmings 9 food
and cther refuse. A sufficient number ~f cans shall be available to
prevent overloading, and tight fitting covers shall be kept in place a
times. Garbage and trash cans shall be maintained in a sanitary cc
tiopr and in good repair, and shall be cleaned at szch intervals as tb
Department may direct. Garbage and trash cans piaced outside of'
esiabiishrnent s'naii be located on smooth, washabie coacrete or SOX
other foundation approved by the Wealth Officer. Where thefie is an
excess of vegetable trimmings or other waste material subject to
decomposition, a fly-tight screened rcom shzI.1 be constructed of
screen wire of not Less than h4 meshes to the inch acd all such exce
waste material shall be kept in said sex-eened room unttil rcrr.oval f
the premises. Where screeced rooms BT~ prwiided, the lower thr
feet of wall space shall be constructed of a smooth, washable mate
in a workmanlike manner, and maintained in good repair.
Sec. 61.140, USE OF SAVV'DUST PROHIBITED. No person ah
use or permit to be used any sawdust or similar material. on the flc
any POOM of an establishment, except that in butcher shops clean s
may be used on floors in a cooler or behind the counter.
Sec. 61.141. SLEEPING IN ESTABLISEMENTS PROHIBITED
Living and sleeping qcarters shall be separated. entirely with a sol
partition from the establishment. No couch, cot, bed, bedding an(
articles used for living or sleeping purposes shall be maintained o
in any room of the establishment where food is prepared, stored,
served, or disp!ayed.
Sec, 61,142. LOCKER ROOMS. There shall be provided in i
establishments a room or enclosure, separated from toilets or foc
storage or preparation area, whereira employees may change and 1
outer garments; no person shall change or store clothes elsewhere
e stab lis hmcnt . 7: -,
61.143 0. .e, 12-62
Sec. 61.143. RODENT OR VERMIN INFESTATION. The owner,
operator or manager of every establishment shall take every precantion
to keep the premises free and rid of rats, mice, rozches, ants and othel
vermin and pests. Whenever it shall zppear to the Health Officer than
any establishment is infested with rodents, vermin or pests, a, written
notice shall be given to the person owningS operating or managit.g the
establishment that said infestation with rodents, vermin or pests
constitutes 2 public nuisance and endangers the public health and safety,
and that such infestation shall be abated within 30 days from the date
of the written notice.
30 days shali constitute a violation of the provisions of this chapter,
and the Health Officer shall suspend the permit surimas-j-ly and close
such establishment until said nuisance has been abated,
Failure to comply with said written notice within
Sec. 61.144, COMMON DRINKING CUPS. It is unlawful for any
person conducting, having charge or control of any hotel, restaurz-fit,
saloon, soda fountain, theatre, public hall, public or private school,
church, hospital, club, office building, park playground, lzvatory- or
wash room, barber shop or any other public -place, building, room or
conveyance, to provide or expose for common use, or permit to be SO
provided or elelposed or to allow to be used in common, any cap, glass
or other receptacle used for drinking purposes.
Sec. C\B* 145, WATER CC?NTAINERS FOR EI3.IT\?F2r\TG. xc czsk,
water cooler or other seceptacle shall be used for storing or suFplyjng
drinking water to the public or to employees unless it is covered and
protected so as to prevent persons from dipping the water therefrarn ox
from otherwise contaminating such water. AI’ such colztainers shal‘l be
provided with a faucet or other approved device for drawimg the water.
Sec. 61.146, DISPLAYS ON SIDEWALKS AND STREETS PROHIBI
No food or food product, fruit or vegetable shall be displayed outside o
any building or property line, OF on any sidewalk, public street or
highway in any’ fruit stand or market.
Sec. 6%. 147. SUN DAMAGE--DECI[DUOUS FRUITS. Deciduous
fruits or other food subject to damage by the rays of the sun shall be
kept at all times well inside of the building proper, and elevated not
less than 18 inches above the floor level,
Sec. 61.148. WRAPPING PAPER. No person shall use newspape
€or wrapping Pruits, vegetables or o%her food products unless such frui
vegetables or other food first be wrapped in clean wrapping paper.
Sec. 61.149. SURPLWS CONTAINERS. All surplus boxes, crate
lug boxes and similar containers in which fruits, vegetables and other
products arc delivered or received by an establishment ahall be kept
in a clean and sanitary condition and shall be removed from premises
daily unless some other removak interval is established by the Health
Of fic er .
C. .. 12-63 61
Sec. 61. 150. WINERIES AND CIDER MILLS. All wineries o
mills where wine or cider is manufactured, processed or bottled SI q
(a) Have properly drained cement floors and a properly
installed sink with running water.
Wash and sterilize thoroughly all bottles, jugs or
receptacles used for bottling wine or cider,
Use new corks or stoppers in all bottles, jugs or
containers,
Dispose of all pulp by a method approved by the Health Officer. 1
Be equi?ped with a conveniently lccated water flush
toilet in accordance with this code.
(b)
(c)
(d)
(e)
Sec. 61,151, PRE-PREPARED SANDWICHES.
(a) For the purpose 0: this section a pre-prepared sandwich
sandwich which is intended to be distribcted subsequent to the time
preparation or at a location other than that at which it is prepared.
(b) No person shall give away, trade or sell within thc Coun
'San Diego any pre-prepared sanciwicli that is prepared outside the
of the County of San Diego unless such sandwich meets all of the fc
re quire ment s:
1. The sardwich shall be prepared and wrapped at son
sanitary location which is regularly inspected by a recognize
department inspection service approved by the Director of P
He a It h ,
2. At the time of its preparation the sandwich shall be
clearly stamped or marked with the date of preparation and :
bear the name and address of the person or company that pr<
3. The sandwich shall be frozen immediately after its
preparation and shall be kept frozen until delivery or servic
re tail consumer,
(c) No person shall give away, trade or sell within the Coun
San Diego any pre-prepared sandwich that is prepared within the 1:
the County crf San Diego unless such sandwich meets 9aLl of the follc
re quire ment s :
12-63
.e rt
. 614151
1. The sandwich shall be prepared and wrapped at an
establishment for which there is in force and efiect a valid permit
issued pursuant to this chapter OF at some other sanitary location
which is regularly inspected by a recognized health department
inspection service approved by the Director of Public Health.
2. At the time of its prepara-tion the sandwich shall be
clearly stamped or marked with the date of its preparatkn and
shall bear the name and address of the person or company that
prepared it.
3. From the time of preparation until delivery or service to
the retail consumer the sandwich (i) shall be frozen and maintained in
a frozen condition, or (ii) shall be refrigerated and maintained at a
temperature of 50' Fahrenheit or lower, or the growth of pathogenic
microorganisms in such sandwich shall be inhibited by some other
method that is at least equal to such refrigeration and is approved in
writing by the Director of Public Health.
(d) No pre-prepared sandwich distributed from a food vending
vehicle shall be given away, traded or sold inore than 24 hours after the
preparation thereof, and no other pre-prepared sandwich shall be given aw<
traded or sold more than 72 hours after its preparation, except that a
sandwich that is frozen immediately after preparaticn 2nd kept frozen until
the time of delivery or service to the retail consumer may be sold and
delivered within one year after preparation or such longer period as may
be approved i.n writing by the Director of Public Health. (Amended by Ord.
NO. 2632 (N,S.) Eff. 12-5-63)
Sec. 61.:152. HONEY AND BEVERAGES. All fruit juices, soft
drinks, honey and/or other beverages, or foods, shall be bottled in a
regularly inspected plant, and shall not be changed from one container
to another except in said plant.
Sec. 61.153. CUSTARD AND PASTRY FILLINGS, All commercially
prepared custards or cream fillings of pastries shall be prepared under
the following conditions:
(a) They shall be manufactured under conditions of cleanliness.
(b) Only efficiently pasteurized Grade I*A1l milk or cream shall be
Used.
(c) The minimum temperature and minimum time of heating the mix
is the equivalent of a temperature of E40 degrees Fahrenheit for a period
of one hour; provided, however, that other temperafxres and times may
be used when specifically approved by the Health Officer.
61, 1
(d) Upon completion of cooking, the custard immediately shall
transferred into properly covered previously sterilized containers ar
chilled without delay to a temperature not higher than 50 degrees
Fahrenheit.
om e
12-63
(e) pastries.
Custards shall be kept in cooling room until used.in making
(f) Filling apparatus shall be cleaned with hot water and ste-ril:
brushes, or with a jet of live steam under pressure,
(g) Filling apparatus shall be sterilized before use either by b
for ten minutes, by steaming in a steam sterilizer for one hour, or 1
some other method approved by the Health Officer, f
(h) No pastries containing cream filling shall be displayed in \
or showcases unless chilled to and maintained at a temperature not I:
than 50 degrees Fahrenheit,
(i) Pastries containing custard filling shall not be sold from vc
unless such vehicles are equipped with a refrigerated compartment r
taining a maximum temperature of 50 degrees Fahrenheit; provided,
however, that pastries may be delivered from manufacturers to reta
dcalers or consumers, without continuous refrigeration, when it is
possible to complete such delivery with two hoursf time.
Sec,, 6 1.154. FOOD HANDLING ESTABLISHMENTS-SPECIA.
No person shall operate or maintain any establishr REGULATIONS,
without complying with the follow kg regulations:
(a) Hoods for Ranges: All stoves, ranges, cooking kettles, d
kettles, ovens and hot plates shall be equipped with a metal hood (ca
of a size at least six inches greater on each side than the cooking su
of such cooking device or devices. The hood shall be ventilated to tl
outside air by a separate ventilating flue not less than 12 inches in d
for an ordinary stove, or of s-ach larger diameter as the Health Offic
may deem necessary for effective operation. Hoods and mechanical
ventilation shalt be installed to accomplish air circulation in accord:
with standard ventilation tables maintahed by the Department.
(b) Water and Sinks: All sinks of establishment shall have an
quate supply of running hot and cold water of a safe, sanitary qualit!
available at all times. All sinks shall be of metal or approved impe
material. Number and type of sinks shall be regulated by rules of t
Health Officer approved by the Board of Supervisors,
.)
12-63
(c) Damaged Utensils: Dishes, glasses, drinking glasses or othe
utensils that are cracked, chipped or damaged shall not be used, and rn,
be confiscated or destroyed at any time when necessary in the opinion 0.
the Health Officer to protect the public health and safety.
.I) a
61,154
(d) Headdress: Male and female persons engaged in cooking orfo
preparation shall wear an approved cap, hairnet or headdress to preven
the falling of hair into such foods.
(e) Containers for Storage of Foods: No tin can, lard stand or ot
such container shali be used for the purpose of cooking, preparing or
storing of food stuffs.
destroy all food held in storage contrary to the provisions of this sectior
(f) Screens: All establishments where food is prepared, served c
All screen doors must be self-closinj
The Health Officer shall condemn and/or
kept shall have ;ire screens at all outside openings for the purpose of
excluding flies and other insects,
and outside doors shall open outwards only. Al.1 screening used in such
places shall be not less than 14 meshes to the inch. Fly fans may be
substituted for screen doors and when used, shall be installed inside
the building over the door opening so that the airflow is directed downwa
and outward. Fly fans shall produce an airflow with a minimum velocity
of 750 feet per minute over the entire door opening from the top thereof
to a point three r'eet above the floor.
1
61. 1
m 1,
12-63
e <
ARTICLE 4 1
BEVERAGES
Sec. 61. 160, MILK. Market milk and goat’s milk served by
establishment shall be served in the original bottle, the cap of whic
shall not be removed except in the presence of the consumer or pat
provided, however, that this section does not apply to market crea
and does not prevent the use of milk dispensing devices as authori
by this article,
Sec, 61. 161. MILK DISPENSING DEVICES. Milk dispensing
vices approved for such use by the Director of Agriculture of the S
of California may be used for dispensing homogenized milk, subjec
the following regulations:
(a) The milk dispensing device and its operation shall compl
State laws and regulations, this code and all ordinances applicable
The milk dispensing device shall be installed and Located (b) place and manner acceptable to the Health Officer,
(c) Milk dispensing devices are permitted only in eating esta
ments and only in those rooms or places in such establishments w
food is served and eaten by the consumer, or where food is prepar
for service and such preparation is conducted within view of the c(
sumer.
(d) All milk dispensing devices shall be displayed openly to
public.
4 ’& *%
61. 261 ' a * 12-62
(e) A miCk dispensing device shall be operated only by persons
regularly employed 4y the establishment in which the diopenaing device is
located. The operation of a self-service milk dispensing device is
prohibited unless such opdration is specifically approved by the Health
Off ic e r .
(f) The name of the dairy or distributor supplying milk for the milk
dispeneing devices together with the grade of the milk dispensed, shall
be piainly labeled on such device in a Location approved by the Health Offi
(g) The day of delivery of the milk shall be plainly indicated on the
milk container used in the milk dispensing device.
(hf No milk shall be dispensed from such device more thzn 120 hours
from the date of delivery of such milk to the establishment.
(i) The minimum serving from such milk dispensing device shall be
eight ounces .
(j) The milk dispensed from such dispensing device shall, at the timc
of delivery to the final consumer, meet the bacteriological standards for
graded market milk.
(k) The milk dispensing device, including etle milk container and all
other appliances used in connection with such device, shall be maintainec
in a sanitary condition at all times.
Sec. 61.162. MALTED MILK-MILK SHAKES, ETC. No person shal
operate or maintain an establishment serving malted milk, malted skim
milk or other milk drink without complying with the €01 lowing regutationr
(a) Malted milk shall be a mixture of Grade "A" raw or pasteurized
milk, containing not less than three and three-tenths percent of milk fat
with malted milk and flavoring substances, and either ice cream contaic
not less than 10 percent of milk fat or ice milk containing not less than
four percent of milk fat. All ice cream or ice milk shall. co~iorrn to the
provieions of the Agricultural Code of: the State of California.
unlawful to prepare, serve, sell or distribute in an establishment any
malted milk unless made of Grade t'A't raw or pasteurized whole milk,
which milk either has been poured from the origina L standard container
from which the cap has been removed in the presence of the customer o
patron, the contents of said container containing no more than the
individual requirements of the customer at the time of service, or pour
from a standard milk bottle the maximum content of which does not
exceed one quart and which has attached a metal top designed to cover
the pouring lip, which top must be approved by the I-iTeaIt'h Officer and
sterilized 28 SOQ~ a~ said bottle is empty, provided, however, this
subsection shalt not prohibit the use of a milk dispensing device in
accordance with Section 61.161.
It is
41
(b) Milk shakes and other milk drinks served or prepared with q
addition of flavoring substances or other ingredients added thereto 5
be prepared from whobe milk or skim milk which has met the requir
standards of Grade "A1* pasteurized milk.
(c) Malted skim milk is a mixture of skim milk with malted m
and flavoring substance and ice cream or ice milk containing not les
than four percent of milk fat. Skim miLk used in an establishment w
skim malted milk is prepared, served OF distributed shall meet the
standards required for Grade I1Arf pasteurized milk and shall. be
pasteurized and bottled in standaxd milk bottles in an. approved past
zing a.cd bottling pla-s,t.
exceed the minimum standard for Grade rfA!l pasteurized milk.
rn m
12-62
The bacterial eocn: of skim milk shall not
I (d) The establishment shall display a sign in. legible lettering
least four inches high, which shall §",ate that rnalteA rr,iIk or malted
skim milk is served.
ARTYCLE 5
FOOD VENDING VEHICLES
Sec, 61.170. DEFINITIONS. Whenever in this article the fall
terms are used they shall have the meanings respectively ascribed
in this section:
(a) 'PREPARED FOOD VENDING VEWICLEft means a food ve
vehicle from which any food or beverage pro6uct is sold, give:? aw:
displayed OF offered for sake, at retail, sther thza an unprepared f
vendirzg vehicle, catering truck, bakery truck, or ice crexn QT ice
product truck.
(b) "UNPREPARED FOOD VENDING VEHICLE" means a fool
vehicle from which is sold, given away, displayed or offered for s
retail, any raw or unprepared food or food product including, but 1
Limited to, fruits, vegetables, produce, meats, fish, poultry or s(
Sec. 61.171. PARKING AND STOPPING. No person shall st4
park a food vending vehicle on a public thoroughfare for the purpo!
selling, giving away, displaying or offering €or sate any food or bc
product except for a period of time sufficient to consummate an in
sale or sales. No person shatl stop, park or cause any food vendi
vehicle to remain on any public property except pursuant to the or
a Lawful authority or for the purpose cd making emergency repairs
vehicle; in no event shall any person sell or give away any food or
product from a food vending vehicle while on any public property (
than a thoroughfare. No person shall stop, park or cause a food -
vehicle to remain on any private property for the purpose of sellii
giving away, displaying or offering for sale any food or beverage
12-62 - m
61,171
to any person other than the owner of such proparty or his agents,
ctastomers or employees.
Sec. 61.172. APPLICATION OF ORDINANCES. The provisions of
this division and of other County ordinances and State laws and regulation
relative kcr health and sanitation. apply to food vending vehicles,
Sec. 6K,175. REFRXGERATION. No person shall operatel, or cause
to be operated, a food vending vehicle unless it is furpnished with mechanj
refrigeration equipment, in good working orderp sufficient to maintain
perishable food and beverage products at a temperature not in excess of
50 degrees Fahrenheit,
cleans shall be constructed sf tile, metal or sther approved material,
anel sha%t have no seams or cracks,
Refrigeratisn compartments stmail be kept
Sec, bl,l7L$, CERTIFICATE AND IDENTIFICATION, 19c person
shall operate QP cause to be operated a food vexding vehicle that does
not display a valid certificate 06 inspection, or thzt does not display on
each exterior side of the vehicle, in letters not less than four iach.es
high, the mime OP the owce? or the Pietieisus name under which he sperat
the business address and telephone nlzmber of :he owner, and the distince
tive identifying number OF symbol assigned to the vehicle by the Departn
of Public Health,
vehicle by painting, decal or other method app~o-sed by the Kea!tE,
Department.
Such Lettering shall be permanently affixed to the
Sec. 61.115. VEHICLE CLEANLINESS, The interior and the
exterior of eve~y food -zerzciiilzg vehicle, aad all eq-siprnent tha;rei3.s., shall
have smooth, washable surfacee and shall be m.ai.staissed in gocd repair
and in a sanitary manner.
Sec, 61. X76. UNPREPARED FOOD VENDING VEHICLES. No per!
shall operate oi cause to be operated an unprepared food vending vehiclt
without complying with all of the following regulations:
(a) All tools, implements and receptacles shall be kept in a clean
and sanitary condition.
(b) Sufficient fly-tight containers, of metal OF some other approvec
substance, shall be provided f~r tf7e disposal of trimmings and refuse
and shall be emptied and washed daily.
(c) No dish, poultry or other animal shall be cleaned in a food venc
vehicle nor shall the entraits of any fish, poultry or other animal be
there removed,
proeessed or otherwise p'repared in a. food vending vehicle.
NS fish, poultry, meat or meat produ~ts shall be cut,
61.17
4m * 2-64
p t (d) Scales and other weighing devices shall be protected from
dust, dirt, flies and other vermin and contaminants,
(e) Every unprepared food vending vehicle shall be inspected a1
least semi-annually on dates scheduled by the EIezIth Officer, or 3x10:
often if the Health Officer so requires, The vending vehicle shall be
fully loaded and ready for operation at the time of such inspection.
The Health Officer shall issue a certificate of inspection if his inspei
discloses that the vehicle conforms to the requirements of this code.
certificate of inspection shall expire six months from and after the d
of its issue, and shall specify the particular food and beverage prodl
authorized to be sold or otherwise distributed from the vehicle.
(f) Every unprepared food vending vehicle shall be acreened o
otherwise enclosed in a manner approved by the Health Officer,
(g) Every unprepared food vendir-g vehicle shall establish with
the County a headquarters which shall be used only for cleaning the
vehicle, and storage of food products to be sold or distributed from
vehicle,
Sec. 61. 177. PREPARED FOOD VENDING VEHICLES. No pi
shall operate or cause to be operated a prepared food vending vehic
without complying with all of the following requirements:
(a) Such person shall establish, within the County, a service
which meets all of the requirements of this chapter applicable to foc
establishments. The service room shall be used for the preparatio
temporary storage, at temperatures required by this chapter, of fo
beverage products prior to the delivery thereof to a food vending ve
Unless written authorization from the Director of Public Health to c
wise is first obtained, food vending vehicles shall be stocked only a
with food and beverage products prepared or stored at the service 3
No food or beverage product shall be sold or otherwise distributed
food vending vehicle unless such product wzs prepared in a service
or in a food establishment, for either of which a valid permit is he1
in some other sanitary location appropriate for such. preparation w
regularly inspected by some recogalzed health department inspecti
vice approved by the Director of Public Health. Food or beverage
riot prepared ir, such service room or establishment shall be store(
service room prior to delivery to the food verzding vehicle.
..
(b) No hot prepared food or beverage product, except coffee
shall be sold from a food vending vehicle.
G 9
2F64 *I .I) a 61.177
(c) No prepared foods, except donuts and coffee cake, shall be sold
more than 24 hours after the preparation thereof, and all such prepared
foods shall be clearly marked with the date of preparation thereof.
(d) Every prepared food vending vehicle shall be inspected, on dater
scheduled by the Health Officer, as often as he deems such inspections tc
be necessary. The vending vehicle shall be fully loaded and ready for op
ation at the time of sucn inspection. shall issue a ce
tificate of inspection if his inspection discloses that the vehicle conforms
to the requirements of this code, The certificate of inspection shall expi
one month from and after the date OP its issue, and shall specify the par-
ticular food and beverage products authorized to be sold or otherwise
distributed from the vehicle. (Amended by Ord. No. 2632 (X. S. ) Eff.
12-5-63). (Amended by Ord. No, 2663 (N.S.) Eff. 2-18-64).
The Health Officer
Sec. 61.178, RESTRICTION ON VEHICLE USE, Food vending
vehicles shall be used for no r?urrjl-,se other than those purposes permittec
by this Division, unless the 13tslth Officer has approved in wPiting some
other proposed use of such vehicie.
ARTICLE 6 .
VENDING MACHINES
S~C. 61.180. VENDING MACHINE PERMIT-OPERATOR'S
RESPONSIBILITIES. No operator shall maintain, conduct D manage or
operate any vending machine unless a permit fcr such machine has been
issued by the Hea2th Officer and un?ess such permit is va"rd and unexpire
The applicant for a permit shall designate in writing the products to be
vended, and permits shall be vaiid onty PO$ those products listed on the
permit, Unless it appears to the Health Officer that the vending machine
will at all timeo. be maintained in a clean and sanitary condition., and that
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, the operator shall be responsible fcr the proper
operation and maintenance of the vending machine and far complying
with the requirements of this division &lad of State laws and regulations
in connection therewith,
posted cocspicuous ly OR the vending machine.
If
The name and address of the operator shall be
Sec. 611,181. OPERATOR DEFINED, "QPERA'I'OR'' means the
person who i'urnishes, installs and services the vending machine.
Sec. 61,182. VEHICLE PERMIT. No aperator shall use ii vehicle
to service vending machiaes, or allow such use, unless the Health Offict
ha8 issued a permit for such vehicle.
a e
2 -64
Sec. 61,183. VENDING MACHINE LOCATION, The operator
furnish the Health Officer with the location of any vending machine
installed sufficiently soon so that, within 72 hours subsequent to su
installation, the Health Officer may inspect the vending machine ar
location. If the location of the machlne is not approved by the Hea
Officer the vendihg machine shall be removed ifhmediateIy and not
operated until the location thereof is rendered acceptable. Each v
machine shall be located so that sanltary facilities, fixtures and rt
for emptying waste containers and for performing required sanitat
are readily accessible. The area around the vending machine shai
maintained clean and free ob accumulated paper cups and wrappers
spillage and other waste materiai and trash, Approved trash rece
shall be provided by the machir,e opezator, proximate to, vending n
whenever required by the Health Officer.
Sec. 61,184. SERVICE ROOM. AIL operators shall establish
the County a service room or rooms, which ehzll be used only for
cleaning, storing and maintaining vending machines, supplies and
sanitized parts. All cleaning and sanitizing of vending machine pa
which come in contact with food, food products or liquids dispensc
a vending machine shall be done in the service r0om previcusly ai
by the Health Gffir,~~. The service rwz sks!! meet a!! the ,.-m**i- & LYU.4
of this division relative to food handling establishments.
Sec. 61.185. CLEA,WNG AND SANITIZING. Vending machi
dispensing Liquids shall be cleaned not iess frequently than three
each week, and machines dispensing unwrapped, r.ontiquid food pi
shall be cleaned not less frequently than once each month, except
hereinafter noted, in the manner set forth below:
(a) General: The following general reguiations apply to all .
machines: The operator shall clean the outside of the machine, ,
vending stage, door, chute, drip plate a3d waste can. Used cup
trash containers shalt be emptied and cleaned. Parts shall be w:
a cleaned moist cloth which ha6 been dipped in a solution corltain-
less than 2130 p2rts of active chlorine ~,er mitiion parts, or in so
other approved sanitizing agent or material.
1-w
I
2-6 * (I,
61.185
(b) Cold Carbonated Beverages: In addition to the servicing requir
by the general regulations, machine dispensing cold carbonated beverag
slhall be serviced as follows: Not less frequently than once each 60 days
all contact parts of the machine shall be cteaned by removing, washing
and diainfecting all tanks, valves, faucets, pipe lines and water filters.
Interior water filter and conditioning elements shalt be taken to the
service room for servicing; properly sanitized replacements may be
transported under sanitary conditions from the service room and
inetalled while the other water filter and conditioning elements are
being serviced.
a type which permit periodic cleaning and replacement.
Water filters and water conditioning devices shall be o
(c) Milk Products: In addition to the servicing required by the
general regulations, machines dispensing milk and milk products shall
be serviced as follows: Fluid mitk or cream share be removed from the
machine and discarded daily, and fresh products added.
evaporated milk may be dispensed for '22 hours before discarding
provided that throughout this period the temperature of such milk is
maintained at not more than 50 degrees Fahrenheit.
appurtenances of vending machines that come in contact with fluid milk (
milk products shall be removed daily and clean and sanitized. Vending
machines that dispense nonliquid mitk or nonliquid cream products shat
he sanitized not iess frequently than three times each week.
Canned
All parts and
(d) RePilling: Vending machines, in locations for which the Health
Officer has not issued a food handling establishment permit, shalt be
refilled only by substituting for the empty container one which was clea
sanitized and filled in the service room,
be transported to the service room for cleaning and sanitizing.
The emptied container shalt
I
a (I)
1-76 61.2C
CHAPTER 2
(Repealed and New Chapter 2 added by Ord. No. 4610 (N.S.)
12-18-75)
FOOD HANDLERS
Sec. 61.201. FOOD HANDLER. For the purposes of this
chapter, "FOOD HANDLER" shall mean any person engaged or employed in a business, occupation or establishment for wl
a permit is required by Chapter 1 of Division 1 of Title C this Code who handles food in such manner that some portic of his clothing or body or body discharges might come in
contact with such food or with the utensils used in connec
therewith. I
Sec. 61.202. DIRECTOR. For the purposes of this chI
"DIRECTOR" shall mean the Director of the San Diego Count: Department of Public Health or his duly appointed deputy 1 representative,
chapter, "DEPARTMENT" shall mean the San Diego County De of Public Health,
Sec. 61.2C4. FOOD HA::CLXR REQUIRED "'3 HAVE AUTZCRIZ
No person shall act or be engaged as a food handler unles person holds an authorization to act or be engaged as a f
kandler issued by the Department or by such other qualifi
person or agency as may be designated by the Director to
such authorizations on forms approved by the Director. N authorization issued pursuant to this section shall be va
for more than four (4) years from the date of issuance th
A "Food Handler Registration Card", issued by the Departm
within the four (4) years immediately preceding the effec
date of this chapter, and not revoked, shall be deemed to
an authorization within the meaning of this section.
Sec. 61.203. DEPARTMENT. For the purposes of this
The provisions of this section shall not apply to per
(a) The production, harvesting or packaging of fruit
or vegetables either in the fields or in packin5 houses.
Drying or dehydrating fruits or vegetables on tk
premises where such fruits or vegetables are prc
(c) The production, slaughtering, packaging, distrik tion, or sale of poultry or poultry 4 products.
Cd) The production, harvesting, packaging, or sale c fruits or vegetables on the premises where such
fruits or vegetables are produced,
engaged or employed In:
(b)
fl 4
* m
61.204 1-;
6
(e) PA retail food production or marketing establishment as defined in Section 28802 of the California Nealt
and Safety Code.
Sec. 61.205. EMPLOYMENT OF FOOD HANDLERS. No person Wl
owns or operates a business, occupation or establishment for
which a permit is required by Chapter 1 of Division 1 of Tit!
6 of this Code shall employ, permit or authorize any person 1
act or be engaged as a food handler in said businessp occupal
or establishment unless such person has an authorization to i: as a food handler as provided in Section 61.204 unless such 1
is exempt from the requirement to hold and carry such author: pursuant to Section 61.204.
Sec. 61.206. TESTING FOR TUBERCULOSIS. Any person
required by Section 61.204 to have and carry an authorizatior
to act as a. food handler shall submit to an intradermal tube] skin test or an x-ray, as appropriate, performed by the Depai or by such other qualified person or agency as may be design:
by the Director, Such intradermal tuberculin skin test or x-
shall be repeated every four years.
Sec. 61.207. T,WNSMISSIBLE DISEASE. No person who has
contracted or is afflicted with a disease or infection deterr
by tkc Dirzcter tc t=c a dazger tc p~blic health transmisciblf
either directly or through food or drink to other persons, 01
is known or suspected to be a carrier of organisms causing SI disease, or who has come in contact with any person afflictec
such comunicable disease or infection, shall act or be enga!
employed as a food handler.
Sec . 61.208. TF3lNSMISSIBLE DISEASE-MEDICAL EXAMINATIOI
EXCLUSION. Whenever information that the possibility of transmission of disease determined by the Director to be a di to public health exists in a food handler or in any business
occupation or! establishment for which a permit is required &
Chapter 1. of Division 1 of Title 6 of this Code is presented the Director, he shall investigate conditions and take appro]
action. The Director may, after investigation, and for reasc cause, requi.re any of the following measures to be taken:
(a) The immediate exclusion by the Director of any
food handler from the affected business, or establishment.
(b) The immediate closing of any affected business or
' Director, no further daltlger of the outbreak of establishment until, in the opinion of the
disease exists.
(c) Medical examination of the owner, employee, and hi:
co-employees, with such laboratory examination as I be indicated; or should such examination or examin ations be refused, then the immediate exclusion of the refusing owner, employee or eo-employee from
6:
m (I)
1-76
that or any other food establishment operation, until a
medical or laboratory examination shows that the
person is not infected with, or a carrier of, any such
disease in a communicable form.
FOOD HANDLER AUTHORIZATION--APPEAL. Whenever the.Directc
reason to suspect that a person holding an authorization
as a food handler has contracted tuberculosis or any tran
disease determined by the Director to be a danger to pub:
the Director may require such person to resubmit to the 1
specified in Section 61,206, or such other examination a!
Director may require.
In any such case, the Director may suspend the authc
to act as a food handler until said person has submitted tests or such other examination as the Director may requ'
After such test or examination the Director shall reinatt
authorization to act as a food handler of any such persoi
be free of transmissible disease. The Director shall ei-
continue the suspension of, or revoke, the authorization
as,a food handler of any person found to be afflicted wii
transmissible disease. The Director may require that an:
or revoked authorization to act as a food handler be sur1 to the Director.
Set. 61.209. RETESTING OR EXAMINATION--SUSPENSION (
Any person whose authorization to act as a food hanc
is suspended or revoked-pursuant to this Section may appc
such suspension or revocation pursuant to this section.
appeal shall be done in accordance with the procedures es in Sections 61.126 and 61.127 of this division.
Sec. 61.210.. FEES, No fee shall be charged for an) test or examination made pursuant .to this chapter by the
Department, The County of San Diego shall not be liable
any fee or charge made for any test, x-ray or examination
required by this chapter that is not made by the Departme
violates any provision of this chapter is guilty of a mi:
and each offense shall be puaished by a fine of not Less
than twenty-five dollars ($25) nor more than five hundrec
dollars ($-500), or by imprisonment in the County jail for term not exceeding six months, 01: by both such fine and i
ment *
Sec, 61.211, VIOLATION--PENALTY, Any person who
d
a9
61
w
6-59
CHAPTER 3 c::
DESTRUCTION OF SPOILED FOOD
Sec, 61.301. INSPECTION BY HEALTH DEPARTMENT, -The Healt€
Department shall be and Is hereby authorized and empowered to make
inspections from time to time of lobsters, crawfish, shellfish, meat, n
food products and all other foodstuffs within said County, at such times
in such a manner as may be yeasonable and necessary or advisable for
protecting the public health and shall, after inspection, seize,condemn I
destroy arly and all lobsters, crawfish, shellflsh, meat, meat food proc
and other foodstuffs appearing to said Health Department to be unfit for
human comumption,
t
i
Sec. 61,382, SALE OF UNFIT SEAFOOD PROHIBITED. It shall be
unlawful for any person, or the agent or employee of a~yperson, to se
or exchange for cther things sf valrte within the County 21157 lobster, cri
fish, or shellfish, or to h2ve ir their possession for the purpose of pre
same for human consumption afiy lobster, crawfish or shellfish that dol
show conclusive slgrrs of life immediately before the preparation therec
any manner as food for human consumption,
Sec, 61.303 e CONFISCATIOK BY HEALTH DEPARTMENT, Whene
it shall appear to the sztfsfaction of the Heslth Department that -my lok
crawfish, or shellfish does not show conclusive signs of life immedfatc
preceding the preparation thereof as food for human coxumption, or t
any lobster, crawfish or shelLfish or parts thereof may be unrfit for hul
food, or that the same lis cffered fer sale eontruy to the provisions of
chapter, such lobster, craw€fsh, cr shelYish aa.d all parts thereof sha
subject to confiscation by the Health Department or subjected to such t
men'; as shall satisfy the Health Department that swh lobster, cmwfi.s
shellfish or parts thereof cannot thereafter be sold for human consum]
in any manner whatsoever.
See, 61.304, POSSESEXOX OE ~MPORTATTCN OF UNINSPECTED
PROHIBITED, It shall be unkwfut for any person to h;i:Je iiz his posse
to bring into or cause io be brought ink the Chmitjj, my mea',, meat fi
products, fcodstuffs contalnifig me& (91- lobsters, crawfish and shelff
unless such meat, meat focd prduccts, foodstu4fs cmtaining meat, or
crawfish and shellfish hear the inspecr;icn seal of the Dqartment of A;
State of California, or of the United Stztes Demutmenl; of Agriculture
Meat Inspection Service, or of the Board of Health of the Coucty. 7%
of such meat, meat food products, foodstuffs conta".nirg meat, or lob:
crawfish and shellfish in. the Com.ty is hereby declared to be a nuisan
inimical to public hezlth.
(*7
i"*
6-59
m (I)
61.305
Sec, 61.305. PENALTY. Ally person violating a2y provision of this
chapter shall be gull^ of a. misdemeanor, azd upon convictiorr thereof
shall be punished by a fane of not less thm $25 RQ~ more tha3 $500 or by
imprisonment in the Couxty Jaii for a ~eriod of not less thm 10 days nor
more than six months, ~r by both such fine ad imprkmment,.
1
1) 64 - 6-59
DIVISION 4
DISEASE CONTROL
CHAPTER 1
GENERAL PROVISION$--NUISANCES
Sec. 64.181, DUTY OF HEALTH OFFICER. It shall be the duty of tk
Health Q€ficer, under the direction and control of the Board of Suparvisc
to enforce all laws, ordlnmces, and rules and regulations relating to thi
public health, prevention of si@kness, nuismces or sadtation within the
COUIlty. I
SeC. 64.102. RESISTING HEALTH OFFICER UNLAWFUL. It is LUI-
lawful for any person to resist or attempt to resist the entrance of the
He&& Qfffcer into my raiailrozd car9 stage, vehicle, bulldfxg, room, lo
OF other place in the County in peizformance of his duty, or to refuse to
obey any lavful order of the Health mficer when made in pwfomance o
his duties or within the powers: conferred by this chapter or by law.
q
See, 64.103 . PENALTY. Any person violating my of the provisions
this chapter shail be guiity of a rnisdemeauur allci up0~1eu~~vi~tion tiierao
shdail be punished by a fine of not to exceed $300 or by imprisonment in
the County Jail for not to exceed six months, or by both such fine and ii
prisonment m
P
Sec, 64,104. ABATEMENT OF NUISANCES. It shall be the duty of t
Health Gfficer or his authorized agent, when necessary to secure the pu
health, to enter upon the premises, or in the houss or other place of an:
person to discover or inspect any ndsance that mzy these exist, to fnsp
drains, vaults, cellars, cesspools, water closets, privies, or sewers,
the yards of such premises, to examine into their condition, and when s
isffed that my such premises, house or place used for lodging or other
purposes are improperly constructed OF liable from overcrowding or fil
to become dangerous to the publie healthh, or to disseminate contagious '
infectious disease, or are not provided with privies, water closets or w
sewers, draizs or eessFols properly tapped, they or any of them shall
serve a written notice upon the owner cr other person in charge of such
premises, to remove the nuisance therein named and Ff such owner or a
person in charge neglects to obey such notice, the Wealth Officer or his
authorized agent shall, if deemed necessary, forthwith report the same
the County Counsel, who shall take the necessary steps to have the sam
abated,
t
64. 105 ()I, m 4-63
Sec. 64.105. NOTIFICATION OF NUISANCE, Whenever a nuisance
endangering, in the opinion of the Health Officer, the public health shall
be ascertained to exist on any premises, OF in any house or other place in
any city, town or township, the Health Officer shall notify in writing any
person or persons owning or having control of, or acting as agent for,
such premises, house, or other place, to abate or remove such nuisance
within a reasonable time, to be stated in such notice.
Sec. 64.106. RECOVERY OF COST OF ABATEMENT, Upon the negle
or refusal of any owner, occupant or agent, or other person having contro
of such house, or other place to coxxply with such notice, the Health Offic.
may abate such nuisance, and the owner, agent, or occupant, or other
person having control of such house, or place, in addition to the penalty
provided by this chapter, shall be liable to the County for the cost of such
abatement, to be recovered in a civil action in any court of competent
jurisdi ction.
CHAPTER 2
MOSQUITOES AND FLIES
(Repealed by Ord. No. 2527 (N.S.) Eff. 4-25-63)
(Added by Ord. No. 2527 (N.S.) Eff. 4-25-63)
Sec. 64.201. BREEDING PLACES ARE PUBLIC NUISANCES. In the
In the unincorporated territory of the County the ex-
unincorporated territory of the County any breeding place of mosquitoes i
a public nuisance.
istence of a public fly nuisance as defined by Section 64. 302, Subd. 1
of this Code is a public nuisance.
Sec. 64,202. PENALTY. Any person who creates, allows, suffers 01
maintains a public nuisance as defined by Section 64.201 of this Code is
guilty of a misdemeanor as provided in Sections 11. 116, 11. 117 and 11.1
of this Code. I
Sec. 64.203. ABATEMENT, Such nuisance may be abated by the
Director of Public Health in any manner permitted by law, or by any
proceeding or remedy provided by law.
Sec. 64.204. ORDER OF ABATEMENT NOT PREREQUISITE TO
PROSECUTION.
64. 305 shall not be a prereqbi’site to nor shall the fact that such order
of abatement shall have been issued preclude or stay any prosecution
pursuant to the provisions of this Chapter 2.
The issuance of an order to abate pursuant to Section
.. w
6-5 9 61
CHAPTER 3
A cu
DESTRUCTION OF SF'OXLED FOOD
See, 61.301. IXSPECTION BY HEALTH DEPARTMENT. 'The Healtl
Department shall be and is hereby authorized and empowered to make
inspections from time to the of lobsters, crawfish, shelEish, meat, n
food products and all other foodstuffs within said County, at such times
in such a manner as may be reasonable and necessary or advisable for
protecting the public health r3~d shall, af%er inspection, seiae,condernn i
destroy any accl all !olssters, crawfish, sheilfhh, meat, meat food proc
and other foodstuffs appearing to said Health Department to be unfit for
human consumption.
P
I
Sec. 61,302. SALE OF UNFIT SEAFOOD PROHIBITED. It shall be
unlawful for any person, or the agent or emplcyee of myperson, to se
or exchange for cther things of value within the County zny lokter, @ri
fish, or shellfish, or to have in their possession for t-he purpose of pre
same for human consumption ar,y lobster, crawfish or shellfish that do
show conclusive sigm of lSe immcdiatsly before the pre7aration there(
any manner as food for human consumption,
See, 61.303. CONFISCATIOS BY HEALTH DEPARTMENT, Whenf
it shall appear to the satisfaction of the Health Department that any lot
crawfish, or shellfish does not show conclusive signs cf life immedlatc
preceding the preparation thereof as food for human cogsumption, or t
any lobster, crawfish or shellfish or parts therecf may be unfit for hu
food, or that the same is offered for sals coxtrsry to the provisions of
chapter, such lobster, crawffsh, or shel'fish sild all parts thereof sha
subject to confiscation bjy the Health Department or subjected to such t
ment as shall satisfy the ilealth Department that swh lobster, crawfis
shellfish cr parts tliereaf cannot thereafter be sold for hnman consumi
in any manner whatsoever.
See, 61.304, POSSESSION OR TMPORTATXON OF UNINSPECTED
PROHIBTTED. It shall be u~~aw~ul for any person to hrue in his posst
to bring into or cause to he brought intc lie Cou~ty, my meat, meat f
products, foodstuffs containing me;it, or lobsters, crawfish arid shellf
unless such meat, meat food products, foodstuffs containing meat, or
crawfish and shellfish bear .the inspectic:n seal of the Department of A
State of California, or of the United Slates Department of Agriculture
Meat Inspection Service, or of the Board of Health of the County. Th
of such meat, meat food products, foodstuffs contafniag meatt, or lob!
crawfish and shellfish in the Cocxtty is herebj declared to be a nuism
inimical to public health. <
6-59
w @
61.305
Sec. 61.305. PENALTY. Any person vio1atiD.g ally provision of this
chapter shall be guilty sf a mlsdemeaaor, and upm comictlo? thereof
shall be punished by a fine sf not less thai $25 nor more than $500 or by
imprisonment in the County Jail for a period of not less than 10 days nor
more than six months, or by bath such fine azld Emprisoment,.
I
64
w ., 6-59
DIVEION 4
DISEASE CONTROL
CHAPTER 1
GENERAL PROVISIONS--MUL$MCES
Sec. 64.101. DUTY OF HEALTH OFFICER. It shall be the duty of tl
Health Offfcer, under the direction and control of the Board of Supervim
to enforce all 'laws, ordinmces, and rules ad regulations relating to th
public health, preveation of sickness, narisances or sanitation within the
COW@. t
Sec, 64.102. RESISTING HEALTH OFFICER UNLAWFUL. It is m-
lawful for any person to resist or attempt to resist the entrance of the
Health Officer into any railroad car, stage, vehicle, building, room, lc
obey my lawful order of the Health Officer when made in pedomance 6
his duties or within the powers conferred by Giis chapter or by law.
<-- , or other place in the County in performance of Ms duty, os: to refuse to
Sec. 64,103. PENALTY. Any person violating any of the provision!
this chapeer shali be guiity of a misdemeanor and uponconviciion ihherec
shall be punhhed by a fine of not to exceed $300 or by imprisonme& il
the County Jail for not to exceed six months, or by both such fine and
prisonment.
*
Sec, 64,104. ABATEMENT OF NUISANCES. It shall be the duty of
Health Ufficer or his authofized agent, when necessary to secure the p
hedth, to enter upon the premises, or in the house or other place of ai
person to discover or inspect any nuisance that may there wrist, to ins
drdns, vaults, cellars, ce8sp018, water closets, privies, or sewers,
the yards of such prernises, to examine into their condition, and when
isfied that any such premises, house or place used for lodging or othe.
purposes are improperly constructed or liable from overcrowding or f
to become dangerous to the public health? or to dissemijlate contagious
infectious disease, or are not provided with privies, water closets or
sewers, draics or cess~ols properly tapped, they or any of them sha
serve a written notice upon the owner or other person in charge of suc
premises, to remove the nuisance therein named and if such owner or
pereon in charge neglects to obey such notice, the Health Officer or M
authorized agent shall, if deemed necessaryp forthwith report the sarr
the County Counsel, who shall take the necessary steps to have the sa:
abated.
4
64. 105 .e m 4- 63
Sec. 64.105. NOTIFICATION OF NUISANCE, Whenever a nuisance
endangering, in the opinion of the Health Officer, the public health shall
be ascertained to exist on any premises, or in any house or other place in
any city, town or township, the Health Officer shall notify in writing any
person or persons owning or having control of, or acting as agent for,
such premises, house, or other place, to abate or remove such nuisance
within a reasonable time, to be stated in such notice.
Sec. 64.106. RECOVEKY OF COST OF ABATEMENT, Upon the negle
or refusal of any owner, occupant or agent, or other person having contro
of such house, or other place to comply with such notice, the Health Offici
may abate such nuisance, and the owner, agent, or occupant, or other
person having control of such house, or place, in addition to the penalty
provided by this chapter, shall be liable to the County for the cost of such
abatement, to be recovered in a civil action in any court of competent
jurisdi ction.
CHAPTER 2
MOSQUITOES AND FLIES
(Repealed by Ord. No. 2527 (N.S.) Eff. 4-25-63)
(Added by Ord. No. 2527 (N.S.) Eff. 4-25-63)
Sec. 64,201. BREEDING PLACES ARE PUBLIC NUISANCES. In the
In the unincorporated territory of the County the ex-
unincorporated territory of the County any breeding place of mosquitoes i
a public nuisance.
istence of a public fly nuisance as defined by Section 64. 302, Subd. 1
of this Code is a public nuisance.
Sec. 64,202. PENALTY, Any person who creates, allows, suffers o
maintains a public nuisance as defined by Section 64. 201 of this Code is
guilty of a misdemeanor as provided in Sections 11. 11 6, 11. 117 and 11. 1
of this Code. 1
Sec. 64.203. ABATEMENT, Such nuisance may be abated by the
Director of Public Health in any manner permitted by law, or by any
proceeding or remedy provided by law.
Sec. 64.204. ORDER OF ABATEMENT NOT PREREQUISITE TO
PROSECUTION,
64. 305 shall not be & prereqkisite to nor shall the fact that such order
of abatement shall have been issued preclude or stay any prosecution
pursuant to the provisions of this Chapter 2.
The issuance of an order to abate pursuant to Section
64
1y e@
2-71
CHAPTER 3
CONTROL OF FLY NUISANCES
(Added by Ord, No. 2080 (N.S,) Eff, 7-12-60) (Amen(
by Ord, No. 2126 (N.S.) Eff. 10-25-60) (Repealed by Ord,
No. 2527 (N.S.) Eff. 4-25-63) (Added by Ord. No.' 2527 (P
Eff. 4-25-63) (Repealed by Ord, No. 3607 (N.S,) Eff. 12-
(Added by Ord, No. 3607 (N.S.) Eff. 12-5-70)
ARTICLE 1
DEFINITIONS AND GENERAL PROVISIONS*
Sec. 64.301. STATEMENT OF PURPOSE. The purpose of Chapter is to provide for the investigation, continuing I tion and abatement of conditions in the unincorporated tc of the County pro6uctive of flies which constitute a hazi
the public health, safety and welfare. In the administri
and enforcement of this Chapter, there shall be taken int
account factors of population density, zoning ordinances,
the proper determination of all sources of fly breeding t end that. the public health, safety an2 welfare may be sec
and maintained.
Sec, 64.302. DEFINITIONS. The following terns cont
in this Chapter shall have the following meaning:
(a) FLY BFGEDING HAZARD. The term "fly breeding hc
shall mean the accumulation, existence, or maintenance of
substance, matter, material, or condition resulting or li to result in the breeding of flies in an amount or nannez
as to endanger public hea.lth or safety or to create unret
interference with the comfortable enjoyment and use of li
property of others.
(b) HEALTH OFFICER. The term "Health Officer" shal
the Director of Public Health of the County of San Diego
employee of the Department of Public Health of the Count)
San Diego to whom any of the duties of the Health Officer
this Chapter are delegated by the Health Officer.
(c) ORDER OF ABATEMENT, The term "order of aba.temc
include modifications, rescissions or reinstatements of E
order of abatement and shall include both prohibitory and
mandatory orders requiring or prohibiting one or more act said term shall include those orders effective for a limi as well as an indefinite period of time.
(d) ABATEMENT, The term "abatement" shall include
demolition, removal, repair, maintenance, construction, L
struckion, replacement and reconditioning of' structures,
appliances, appurtenances or equipment: removal, transpoz
2-71
.I) (I)
64.302
disposal and treatment of refuse, manure or other substance o media capable of'breeding or attracting flies and the applica
tion of chemical or other substances or the use of mechanica means to control, eradicate and eliminate sources or causes o fly breeding media or conditions.
(e) COMMERCIAL POULTRY RANCH. The tern "commercial
poultry ranch" shall mean any premises where poultry are
maintained, raised or fed for the primary purpose sf producin
eggs or meat for sale or other distribution and which houses or has on its premises more than one hundred (100) domestic
fowl D
(f) FLY CONTROL AND ABATEMENT BOARD. The term "Fly
Control and Abatement Board" shall mean an administrative boa
composed of seven (7) members appoineed by the Board of Supervisors.
Sec. 64.303. FLY CONTROL AND ABATEMENT BOARD - FORMATIC
There is hereby established a Fly Control and Abatement Boarc
composed of seven (7) persons. Two (2) such persons shall be commercial poultry ranchers, one (1) person shall be a commercial dairy farm owner or operator, one (1) such person
shall be a commercial horse stable owner or operator, one (1)
such person shall be a graduate entomologist, and two (2)
persons shall be representatives of the community at large, ai1 appointments shall be made by the Board of Supervisors fr
a term of three (3) years except for initial terns which shal as follows:
Two (2) members for three (3) Years, two (2) members for two (2) years, and three (3) members
for one (1) year.
Vacancies shall be filled by appointment by the Board of Supervisors o
Sec. 64 I304. FLY CONTROL AND ABATEMENT BOARQ - POWERS.
The Fly Control and Abatement Board shall conduct public hearings relating to Violations of the fly control standards and procedures as hereinafter set forth, and may conduct pub hearings concerning the establishment of standards and procec
Four (4) members of the Fly Control and Abatement Board
shall constitute a quorum. No act of the Fly Control and
Abatement Board shall be valid or binding unless a majority 1 the members present concur therein. The Fly Control and Aba ment Board may order abatement of any fly breeding hazard as
hereinafter set forth. The Fly Control and Abatement Board
shall have the power to order the correction of violations a shall have the power to recommend that the Health Officer is
citations.
6
Sec, 64.305. INSPECTION BY THE HEALTH OFFICER, It
be the duty of the Health Officer, upon routine inspecti whenever he is informed or has reasonable cause to belie that any land, building, or collection of plant or anima or any substance or existing condition on any lot, farm,
other land or on any other premises is a fly breeding ha upon first presenting his credentiais and identifying hi1 as an employee of the Department of Public Health to the
person apparently in conerol of the premises, if availab
to enter upon any premises between the hours of 8:OO o'c
a.m. and 6:OO o'clock p.mo, but not in the dwelling of ai
person without permission, to determine whether or not t is an existing- fly breeding hazard, The Director of Pub
Health shall furnish each of his deputies and inspectors
identification in such form as he shall prescribe.
- w
2-91
c
1
ARTICLE 2
IN DUST RY RE GULAT ION
Sec. 64,310, PURPOSE AND INTENT. Commercial poult1
ranches, unless properly operated and maintained under tl most modern scientific standards, are productive of flie: constitute hazards to the public health, safety and! welf;
provide for standards of operation for the poultry indus- to prevent such hazards, Other industries, unless propel
managed and operated, are productive of flies and it is 1
legislative intent that they, likewise, will be regulate(
controlled as the need is from time to time determined,
Sec, 64,311, ESTABLISHMENT OF STAEDARDS. The Fly Control and Abatement Board shall, upon the recommendatic
sf the Health Officer, adopt fly control standards for 'tl
operation and maintenance of commercial poultry ranches,
standards shall become effective when approved by the Boz
of Supervisors.
Therefore ic, fs +L- cAlc inteilt . of "ihe Board of Supervisors tc
Sec, 64.312, ANNUAL FILING OF A PLAN OF PREVENTIW
MEASUi?ES, Every owner Or operator or" a commercial poultr
ranch shall file with the Health Officer in the first quarter of each year, on a form provide6 by the County, i proposed plan of measures to be taken during the followir one-year period for the prevention of breeding of flies e his commercial poultry ranch, Said plan must meet with 't:
approval of the Health Officer and shall contain methods procedures that have been approved and adopted by the Fly
Control and Abatement Board as proper methods for the prevention Eind/or elimination of a fly breeding hazard.
plan shall be prepared and submitted to the Health Office the time of a regular inspection and may be amended peric
upon the consent and approval sf the Health Officer.
.*"" Fi
Q4
2-71
ea *
64 o 313
Sec. 64,313. INSPECTIONS, All commercial poultry ranchi
shall be inspected by the Health Officer a minimum of once
every three (3) months to detemine the extent of compliance with this Chapter,
ARTICLE 3
ENFORCEMENT
Sec, 64,320, VIOLATION. The Health Officer may, after
any inspection, issue a notice of violation as hereinafter
provided, if he determines that there has been a violation of any of the following:
(a) That there exists on any property a fly breeding
That there is a violation of any of the official
hazard.
(b) standards and procedures adopted by the Fly Control and
Abatement Board.
(c) That a proposed preventive plan has not been comple
That the owner or operator of a. corn-ercial. poultry
filed and approved in accordance with.Section 64.312,
ranch is in violation of the plan submitted and filed as hereinabove provided.
That although the owner or operator of a commercial
poultry ranch is substantially complying with the plan he
submitted and filed, there still exists a fly breeding hazarc
on his premises.
(d)
(e)
Sec. 64.321. PROCEDURES TO CORRECT VIOLATION.
(a) NOTICE. When the Health Officer determines that 1
a violation exists, he shall qive a written notice of violatj to the owner or operator of the premises to correct the same
within seven (7) days.
ORDER TO APPEAL, If the owner or operator fails tc correct the vielation within said seven (7) days, the Health
Officer shall issue a written order to appear specifying the
violation and directing the owner or operator to appear at
a hearing to be held in not less than ten (10) days nor more than thirty (30) days before the Fly Control and Abatement Board.
If the Health Officer has served upon the owner or
operator, three or more written notices of violation within
previous twelve-month period, he may also serve, at the time service of the third notice of violation, a written order to
(b)
(c)
.) rn w
2-71 6
appear before the Fly Control and Abatement Board specify
the violation and directing the owner or operator to appe
at a hearing to be held in not less than ten (10) days no more than thirty (30) days before the Fly Control and Aba Board.
Sec. 64.322. HEARING. At the time and place specif in the written order to appear, the Fly Control and Abate
Board shall. convene and conduct a public hearing and shal
upon evidence presented, determine whether a violation ha
occurred and what steps are necessary to correct the viol
Sec. 64.323. ABATEMENT. If the Fly Control and Aba
Board determines that a fly breeding hazard exists, it SF
issue an order of abatement. The Board shall direct the
Officer to abate the hazard unless the said hazard is aba and such work is performedby the owner or operator on or before a date to be specified by the Board in said order
abatement. Neither the County nor any of its officers or agents shall be liable for any reasonably necessary entry for any reasonably necessary damage which is incident to
abatement of such public fly breeding hazard as ordered i
this Chapter.
c
Sec. 64.324, SERVICE OF NOTICE OR ORDER. Service c
any notice or order issued pursuant ‘to this Chapter may k
accomplished by complyinq with Section 11.112 of this Cod Each notice or order given or made under this Chapter shi
be served upon the person occupying the premises upon wh:
the public fly nuisance exists. If no person occupies tl
premises, the notice ar order shall be posted upon the si
premises in a conspicuous place and served by mail upon .1
person appearing as owner os5 said premises according to 1 last equalized assessment roll of the County.
Sec. 64,325, COST OF ABATEMENT. All costs of abatc
shall constitute a charge and special assessment upon thr
parcel of land in violation and if such costs are not pa. within the period designated by the Board, there shall tl
be a special assessment against the parcel as provided ii
Government Code Section 25845 which may be collected as 1
of the County taxes.
Sec, 64.326. CRIMINAL PENALTIES. It shall be unla for any person to:
(a) Prohibit or interfere with the Health Officer upon his premises for the purpose of making an inspectio
provided for in this Chapter.
(b) Fail to complete upon the request of the Healt
the proposed plan or measures to be taken during the corn
for the prevention of breeding flies.
2-71
(c) Remove a citation posted on his premises without th - v
64.326
permission of the’ Health Off iccr.
(d) Fail to appear before the Fly Control and Abatement
Board at the time and place specified in a written notice to appear issued to such person.
(e) Fail to comply with the standards and procedures adopted by the Fly Control and Abatement Board and approved b the Board sf Supervisors or to cornply with any lawful order of the Fly Control and Abatement Board.
(f) Cause or allow a fly breeding hazard to exist upon
his premises,
Violation of this Chapter or any of its provisions is a misdemeanor and is punishable by a fine of not less than $250
and not more than $500 or by imprisonment in the County jail
for not less than three (3) months or more than six (6) month or by both such fine and imprisonment. Every day a person is in violation of this Chapter or its provisions shall be deeme a separte offense.
make arrests and issue citations pursuant to Penal Code Secti
836.5 and 853,6 €or violations of this Chapter.
The Health Officer shall be empowered to
Sec, 64.327. ADDITIONAL REMEDIES, The civil and criminal provisions of this Chapter are rei?;leZies in addition to any existing remedy authorized by law and are not to be construed as conflicting with or in dereliction of any provi: of this Chapter or of this Code, or of law. Said provisions are to be construed as independent and nonexclusive and in nc way conditioned upon each other.
1
6:
m * 8-33
DIVISION 5
(Repealed by Ord. No. 9081 (N.S,) Eff. 5-3-73)
1
c 9
68. 301 (I, -. 8-67
CHAPTER 3
SEPTIC TANKS AND SEEPAGE PITS
(Amended by Ord. No. 3061 (N.S.) Eff. 5-11-67)
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 68. 301. TITLE, This chapter shall be known as the SEPTIC
TANK ORDINANCE.
Sec. 68. 302. SIGNIFICATION OF WORDS. Whenever in this chaptei
the following terms are used, they shall have the meaning respectively
ascribed to them in this article:
Sec. 68, 303. 'IAPPROVAL". Whenever the term "Approval If or
"Approvedff appears in this chapter, the approval of the Director is mean
and/or approval shall mean meeting the approval of the Director as the
result of investigation and/or tests conducted by the Director or by reaso
of accepted principles or tests by national authorities, technical or scien-
tific organizations, or a research laboratory of rpcngnized authcrity.
Sec. 68. 304. ffDEPARTMENTf' means the Department of Public
Health.
Sec. 68. 305. l'DIRECTOR1' shall mean the Director of Public Health
Sec. 68, 306. "DRAINAGE SYSTEM" or 'IDRAINAGE PIPING" means
and includes all the piping within public or private premises which con-
veys sewage or other liquid wastes to a legal point of disposal, but shall
not include the mains or laterals of a public sewer system.
Sec. 68. 307. ffPLLTMBINGfl includes all drainage systems, both di-
rect and indirect, and all vent piping, water piping and other piping in an)
building or within the boundaries of any property through which sewage,
water, waste water or any other substance or liquid is conveyed,
ARTICLE 2
GENERAL REQUIREMENTS
Sec. 68. 310. REQUIRED S-4NLTARY FIXTURES. Every building
shall have the sinks, water closets and other sanitary fixtures and facili-
ties required by Division 3 of Title 5 of this code (County Plumbing Code),
w. 68.
Sec. 68.311. SEWAGE TO BE DISPOSED OF ACCORDING TO
PLUMBING CODE AND THIS CHAPTER. It shall be unlawful for ai
person to cause, suffer or permit the disposaI of sewage, human e,
ment or other liquid wastes, in any place or manner except through
by means of an approved pl-umhing and drainage system and an appr
sewage disposal system installed and maintained in accordance witk
provisions of the Division 3 of Title 5 of this code (County Plumbing
Code) and this chapter, "Approved sewage disposal system" mean:
system that is functioning satisfactorily by disposing of all sewage 1
ground. (Amended by Ord. No. 3061 (N,S,) Eff. 5-11-67) - 8 -'6 7
,_-.. ~
.,
Sec, 68.312. PLUMBING AND DRAINAGE SYSTEMS TO BE C
NECTED TO PUBLIC SEWER IF A-VAILABLE. The plumbing and E
age system of every building hereafter constructed or reconstructel
be connected to a public sewer if the property on which such buildin
located abuts a public sewer. W-hen a public sewer is not available
use the plumbing and drainage system of a building sha1.l be connect
an approved private subsuriace sewage disposal system. The type
system required shall be determined on the basis of location, area,
porosity, the ground water level, the density of population in the ar
and shall be designed to receive and dispose of all sewage and tiquic
waste from the property served. .
Sec. 68. 313. CC>NXECTIOX OF EXSTIXG I3UILDIXGS TC) >?E'
INSTALLED SEWERS. No person shall maintain a septic tank, set1
tank, cesspool or other subsurface sewage disposal unit or system
premises adjacent to a public sewer; provided, however, that wherc
public sewer is installed adjacent to premises upon which there is 1
an existing bui!ding served by a septic tank, settling tank, cesspool
other subsurface disposal unit or system, the Director may approvc
continued use of such subsurface disposal system until such time a:
deems that the public health and sanitation require the connection 01
building to the public sewer and the discontinnance of the use or ma
ance of such subsurface disposal system,
Sec. 68. 314. DIRECTOR MAY AUTHORIZE SANITARY TOILE
ISOLATED AREAS. For the temporary occupancy of buildings in is
areas remote from any public highway, the Director may authorize
construction and use of an approved type sanitary toilet in lieu of cc
tion to a public sewer or to a subsurface disposal unit or system in;
in accordance with the provision of this chapter,
Sec. 68. 315, CHAPTER NOT APPLICABLE TO BUILDING FC
WHICH TEMPORARY OCCUPANCY PERMIT ISSUED. The-provisic
this chapter requiring connection to a public sewer OF to a subsurfa
posal unit or system constructed in accordance with the provisions
chapter shall not be applicable to a trailer, temporary building or 2
cessory building for which a temporary occupancy permit has been
pursuant to Division 1 of Title 5 of this code (County Building Code)
,.
\ .'
' 7-75 a e 68.3;
ARTICLE 3
INSTALLATION OF SEWAGE COLLECTION TANKS
f, b, I
Sec. 68.320. AUTHORIZATION FOR INSTALLATION. lQht
percolation tests have shown that subsurface drainage
practical, or where the leaching from subsurface dispo
systems may drain into a water supply or cause a nuisa,
the Director, with the approval of the Board of Health
permit the installation of sewage collection tanks.
Sec. 68.321. PROCEDURE FOR APPLICATION. Applica
for a permit to install a sewage collection tank shall
in writing to the Director and shall be accompanied by
sketch showing the location and special design feature
proposed installa-tion. The Director shall refer the a tion to the next succeeding meeting of the Board of He
approval or disapproval.
Sec, 68.322. SEWAGE COLLECTION TANK SPECIFICATIO
sewage collection tank for which a permit is issued sh
constructed of watertight concrete, shall have a capac
not less than 1503 gallons and may, in the discretion
Director, be required to have a greater capacity, shal
emptied before it is filled to three-fourths of its ca . or in accordance with a schedule prescribed by the Dir
and the drain through whirh the tank is errp'cied shall
at least six inches above the water level of the lowes
which it serves.
(
ARTICLE 4
PERMITS AND INSPECTIONS
Sec. 68.325. PERYIT REQUIRED TO CONSTRUCT SEPTIC
No septic tank, settling tank, seepage pit, cesspool,
tile line system, or any other subsurface sewage dispc
or system, or any part thereof, shall be installed, cc
reconstructed, repaired in any manner, or added to, ir
County unless there is in effect a valid permit theref
issued by the Director. (Amended by Ord. No. 3061 (N.
5-11-67)
S~C. 68.326. APPLICATION FOR PERMIT--FEE. Any F
desiring to install, construct, reconstruct, repair 01
a septic tank, settling tank, seepage pit, cesspoolp E
tile line system, or other subsurface sewage disposal
system, or any part thereof, shall file with the Direc
written application for a permit for such installatior
struction, reconstruction, repair or addition. A sepz
application and permit for each installation shall be
The application shall be made upon a form prescribed i
nished by the Director and shall be accompanied by an
t'
; J
7-75 68.326
fee of $25.00. The application shall contain the following
information and such other information as the Director may
require: Street name and number of the premises where the
installation is to be made: the name and address of the own6
the name and address of the contractor who is to perform thc
work: the size and type of the septic tank, settling tank,
cesspool or other subsurface sewage disposal unit or system
to be installed and the number of people it is to serve. W1
required by the Health Officer the application shall includc or be accompanied by a plan 0-c diagram showing the charactei
and kind of installation to be made and the manner and local
in which the work is to be done.
(Amended by Osd. No. 2603 (N.S.) Eff. 10-17-63) (Amended b:
Ord. No. 3061 (N.S.) Eff. 5-11-67) (Amended by Ord. No. 34.
(N.S.) Eff. 1-1-70) (Amended by Ord. No. 4531 (N.S.) Eff- '
Sec. 68.327. CHANGE OF LOCATION OF WORK BY SUPPLEYENTI
PERPIIT--FEE. A permittee to whom there has been issued pur:
to this chapter a permit for an installation to be made at i
particular location may apply for a supplemental permit aut1
izing such work to be performed at a different location pro1
that no work has been commenced at the location specified ii
the original permit. The application for a supplemental pe:
shall be made on a form prescribed and furnished by the Dirc
On receipt of such application and a fee of $3.00 the Direci
may issue a supplemental permit authorizing the performance
wnrk at the substituted lc?catic?n~ mended by Ord. No, 343f
a e
(N.S.) Eff. 1-1-70)
Sec. 68.328; INVESTIGATION BY DIRECTOR--DIRECTOR MAY
REQUIRE PERCOLATION TEST--DENIAL Or" PERYIT. Upon receipt oj
such application the Director shall make or cause to be mad<
such investigation as he deems necessary. The Director may
require the applicant for the permit to furnish him the repc
of an engineer registered in the State of California showinc
that soil percolation tests have been made by such engineer
the site of the proposed subsurface sewage disposal system c
unit and the results of such tests. If the Director deter-
mines that the location, area, soil porosity, ground water
level, density of population in the area, the number of per!
to be served or other conditions would cause the operation c
the subsurface sewage disposal unit or system described in
the application to create an insanitary condition endangerii
public health, he shall not issue the permit for which
application was made. In such case the inspection fee shal:
be refunded .
L Sec. 68.329. MINIMUM LOT AREA OF 6000 SQUARE FEET--
EXCEPTIONS. No septic tank, settling tank, cesspool or othc
subsurface sewage disposal system or unit shall be installec
or constructed on a lot, parcel or building site containing an area of less than 6000 square feet, except that the
Director may issue a permit for the installation or construc
of any such Subsurface sewage disposal system or unit on a
68.3
c lot or a combination of lots shown on a recorded subdi
map, which lot or combination of lots contains an area
p - than 6000 square feet but not less than 4000 square fe
i -. provided that the Director's investigation indicates t
approved type of subsurface disposal systen would func
satisfactorily in a building site of such area at that
Sec. 68.330. EXPIRATION OF PERMIT. Permits issu
to this chapter shall be void at the expiration of one
the date of issuance.
7-75 rn J)
Sec. 68.331. DIRECTOR TO MAKE INSPECTIONS. The
shall inspect or cause to be inspected in a thorough m
septic tanks, settling tanks, cesspools and other subs
sewage disposal units or systems hereafter installed,
or reconstructed in the County. It shall be his duty
that there is compliance with the terms and provisions
chapter a
Sec. 68.332. INSPECTION REQUIRED--APPROVAL. As
the septic tank, settling tank, cesspool or other subs
sewage disposal unit or system is installed and ready
its cover, the person to whom the permit for such unit was issued shall notify the Department that such unit
is ready for inspection. As soon thereafter as practi
the Director shall make or cause to be made an inspect
the work. If the unit or system is approved by the Di
an inspection certificate shall be posted in a conspic
which inspection certificate shall note the date and E
and the signature of the Director or the person makinc
inspection on his behalf.
plsce 73-n- thC E;roperti.- --L.--- LL.- _-- uy"Ar WlLCLC LllC Ullit 01 systeri1 is lc /
Sec. 68.333. REINSPECTIONS--FEE. When an inspec
been ordered and the work is found to be not ready foi
and approval, the Director shall cause an official no:
be posted on the job stating the changes necessary in
the work will comply with the requirements of this chz
soon thereafter as practicable the owner or contractoi
cause the changes to be made and upon completion there notify the Department that the unit or system is read.
reinspection. As soon thereafter as practicable the 1
shall make or cause a reinspection to be made. If up(
tion the work is approved, a certificate to that effel
posted as hereinabove specified, The fee for each re
shall be $10.00, which fee shall be paid to the Direc
(Amended by Ord. No. 3061 (N.S.) Eff. 5-11-67) (Amen1
No. 3436 (N.S.) Eff. 1-1-70) (Amended by Ord. No. 45
Eff. 7-31-75)
Sec. 68.334. (Amended by Ord. No. 3436 (N.S,) E
(Repealed by Ord. No. 4531 (N.S.) Eff. 7-31-75)
Sec. 68.335. (Repealed by Ord. No, 4531 (N.S.) t, :::
7-75 - 0.
68.336
Sec. 68.336. INSPECTION OF EXISTING SUBSURFACE DISPOSAL
SYSTEMS--FEE. Any person desiring the inspection of an exis
septic tank, settling tank, cesspool, or other subsurface se
disposal unit or system by the Director shall file with the
Director a written request for such inspection accompanied k
an inspection fee of $25. A separate request for each unit
system.shal1 be required, and the request shall contain such
information as the Director may require and shall be made UF
a form prescribed and furnished by the Director. As soon af
the request is made as is practical, the Director shall make
cause to be mad.e the requested inspection and shall determin
whether the inspected unit or system functions satisfactoril
accordance with the provisions of this chapter. In the even
the unit or system is found not to function satisfactorily t
Director shall upon written request make or cause to be made
reinspection, and the fee for each such reinspection shall b
$10, payable to the Director in advance. (Added by Ord. No.
3851 (N.S.) Eff. 4-6-72)
L E - * 8-72
ARTICLE 5
SPECIFICATIONS
Set. 6ge34Q, il;~c~TI~~~ OF SEBSQRFA~E DISPOSAL SYSTE;'
subsurface sewage disposal unit or system or part theres after csnstruczed cr installed in the County shall be so
khat it will be a "safe distance" from any source of wait as determined by the Director, In determining what is a
distance" the Director shall consider the source of poss pollution, the type of soil, surface and subsurface, the and source sf water supply, the geological formation of
the direction of surface drainage, and the depth and dfr
ground water flow.
Under no circumstances shall any part of such subsu
sewage disposal unit or system, except the house sewer P
located closer than 50 feet from any water supply,
Mo part of such subsurface sewage dispssal. unit. or I except the house sewer Pine, shall be located less than
from every building or structure or less than five feet
property line e
See. 68,341. CONSTRUCTION OF HOUSE SEWER, Any hour
line or part thereof hereafter constructed or installed : County shall be constructed of bell and spigot cast iron
with leaded joints when lscated less than 50 feet from ar
used as a domestic water supply,
8-67 ' m 0. 6 8.
I
Sec. 68. 342. TYPE OF SUBSURFACE DISPOSAL SYSTEM
REQUIRED. Any subsurface sewage disposal unit or system herea
constructed or installed in the County shall consist of a septic tank
with efflueEt discharging into either (1) a serial distribution systen
(2) a distribution box connected to a subsurface tile system consist
of at least two lateral absorption lines, each of which lines shall nc
exceed 100 feet in length; provided, that with the approval of the D:
ector such distribution box may be connected to a seepage pit or pi
each having at least four feet inside diameter.
3061 (N. S. ) Eff, 5-11-67)
r--,
k ,.,J
(Amended by Ord.
Sec. 68, 343. MINIMUM REQUIREMENTS FOR SEPTIC TANF
INSTITUTIONS OR INDUSTRIES WHERE USED BY NOT MORE TH.
10 PERSONS. Any septic tank hereafter constructed or installed i:
County shall rneet the following minimum specifications:
FOR ONE-FAMILY AND TWO-FAMILY RESIDENCES OR SMALL
(a) Such tank shall have an inside diameter of at least five fee
with a liquid depth of at least four feet. The length of the tank sha
exceed three times the width of such tank.
capacity of not less than 1, 000 gallons, Such tank shall have at le2
two compartments, and a manhole with a minimum diameter or wi
of 22 inches shall be installed in each compartment, over the inlet
Such tank shall have a
\ outlet pipe,
(b) The inlet and the outlet of such tank shall each be a vertic
four inch diameter "T" extending such a distance below the liquid 1
that 40 percent of the liquid depth is below it, and extending a mini
of six inches above the liquid level of the tank. The outlet shall be
inches below the inlet.
(c) Such tank shall be watertight and shall be constructed of c
Crete, concrete block, brick or tile, The top of such tank shall be
constructed of reinforced concrete at least four inches thick. Whe
such tank is constructed the walls and bottom of the tank shall be a
least six inches thick and shall be adequately reinforced with steel
other approved material. The concrete used for such tanks shall t
tain one part cement, two parts sharp sand and four parts crushed
or gravel. Where brick, concrete block, or tile is used in the cor
tion of such tank the inside shall be plastered with Portland cemen
mortar composed of one part cement and three parts sand. The s
walls of such tank shall be adequately reinforced with steel or othc
approved material so as to withstand any inside or outside pressui
The line from such septic tank to the distribution box shal
constructed of watertight bell and spigot pipe, or such other pipe \
watertight joints that the Dii-ector may approve. (Amended by Orc
(d)
i
NO. 3061 (N, S.) Eff. 5-11-67)
I 68. 344' m 0. 8-6 7
Sec. 68. 344. MINIMUM REQUIREMENTS FOR DISTRIBUTION EO2
Any distribution box hereafter constructed or installed in the County sha
meet the following minimum specifications:
(a) Such distribution box shall be watertight and shall be constructe
The of the same materials authorized for construction of a septic tank.
inner surface of the distribution box shall have a protective coating of
Hunt's Emulsion, or some other protective coating equal thereto in the
opinion of the Director.
(b)
same elevation and shall be located at least two inches above the bottom
of the box, The inlet to such distribution box shall be one inch above the
elevation of the outlets.
The outlets from such distribution box shall have exactly the
(c) Such distribution box shall be connected to a subsurface tile
system consisting of at least two lateral absorption lines; provided, that
one or more seepage pits may be substituted for or used in conjunction
with lateral absorption lines when approved by the Director.
(d) All lines leading from the distribution box to the lateral absorp-
tion lines or to seepage pits shall be constructed with watertight joints.
(Amended by Ord. No. 3061 (N. S. ) Eff. 5-11-67)
Sec. 68. 345. MINIMUM REQUIREMENTS FOR DISPOSAL LINES.
Any subsurface tile system hereafter constructed or installed in the
County for the purpose of disposing of the effluent from a septic tank
shall meet the following minimum specifications:
(a) Such tile system shall consist of at least two lateral absorption
lines totaling at least 200 feet in length; provided, however, that no line
shall exceed 100 feet in length. The lines shall be approximately equal
in length, with a maximum variation of 10 percent between the longest
line and the shortest.
(b) Lateral absorption lines shall be constructed of tile pipe spacec
The upper one-hal: one-quarter inch apart so as to provide open joints.
of each open joint shall be covered with tar paper or copper screen.
(c) Each lateral absorption line shall be placed in a trench 36 inch€
deep and 18 inches wide, which trench shall contain at least 21 inches 0.
rock or gravel grading one to one and one-half inch. At least 12 inches
of such rock or gravel shall be beneath the bottom of the line, and four
inches of such rock and gravel shall be over the top of the line.
(d) Lateral absorption lines shall have a grade of two inches per
100 feet with not more than 50 percent variatior, either way.
(e) Lateral absorption lines shall not be more than 36 inches below
the surface of the ground, without the prior approval of the Director,
* 8-67 (I, 0. 6r
f-- I
\. *
(f) Every lateral absorption line shall be at least 10 feet fron
All bends used in the disposal field
(Amended by Ord.
: other lateral absorption line.
have one (1) tight joint to each end of the bend.
3061 (N.S.) Eff. 5-11-67)
Sec. 68. 346. SUBSTITUTION OF SEEPAGE PIT FOR TILE S
UPON APPROVAL OF DIR,ECTOR. A seepage pit or series of sec
pits may be substituted for or used in conjunction with a subsurfac
system, when such substitution or use is approved by the Directoi
provided, however, no seepage pit shall be permitted where the D
determines that its use might contaminate or pollute an undergrou
water supply. (AmeRded by Ord, No. 3061 (N. S.) Eff. 5-11-67)
Sec. 68. 347. MINIMUM REQUIREMENTS FOR SEEPAGE PI'
Any seepage pit hereafter constructed or installed in the County SI
meet the following minimum specifications:
(a) Such seepage pit shall be not less than four feet inside dic
and shall be constructed to a depth where the side wall area of the
age pit will have sufficient porosity to provide adequate drainage i
determined by the Director.
' (b) Such seepage pit shall be either rectangular or round. In
brick, concrete block, and/or two-inch redwood plank securely b~
with four-inch by four-inch redwood timber. In the case of a rour
shape, such seepage pit shall be constructed of brick, concrete bl
and/or one-inch redwood boards of full thickness with supporting
inch by three-inch redwood timbers placed every five feet so as tc
a securely braced octagon shape.
c2se 3f 3 rzctznguizr shape, stlct-, sqcpzg;"" pit ShzL!! 5s constructc<
(c) The top of such seepage pit shall be covered with a concr
slab or cover constructed of concrete reinforced with steel or 0th
approved material, which slab or cover shall extend not less than
inches beyond the outside of the side walls of the seepage pit." (AI
ed by Ord. No. 3061 (N.S.) Eff. 5-11-67)
Sec, 68.348. MJNIMUM STANDARDS APPLICABLE TO SYS'
INSTITUTIONS OR INDUSTRIES WHERE USED BY NOT IdURE TI-
10 PERSONS. The minimum standards for septic tanks, distribul
boxes. tile lines and seepage pits as set forth in this chapter are
minimum standards for a subsurface sewage disposal system or L
serving a one-family or two-family residence or small institution
industry having sanitary facilities used by not more than 10 perso
(Amended by Ord. No. 3061 (N. S.) Eff. 5-11-67)
SERVING ONE-FAMILY OR TWO-FAMILY RESIDENCES OR SMA
i ..
68.349. rn *. 8-67
Sec. 68. 349, SPECIAL APPROVAL REQUIRED FOR SYSTEMS
Every applicant for a
SERVING MULTIPLE DWELLINGS OR INSTITUTIONS OR INDUSTRIES
WHERE USED BY MORE THAN 10 PERSONS.
permit to install or construct a subsurface sewage disposal system or
unit to serve residences, institutions or industries, other than a one-
family or two-family residence or a small institution or industry having
sanitary facilities used by mare than 10 persons, shall qubmit to the
Director for approval the detailed plans and specifications of the pro-
posed subsurface sewage disposal system. Upon the filing of the re-
quired application accompanied by such detailed plans and specification:
the payment of the fee hereinbefore prescribed and the approval of such
plans and specifications by the Director, the Director shall issue a per-
mit for the construction of such subsurface sewage disposal system.
Sec. 68. 350. PROVISIONS NOT TO BE CONSTRUED TO PREVEN':
THE DIRECTOR FROM IMPOSING ADDITIONAL REQUIREMENTS.
Nothing contained in this chapter shall be construed to prevent the Dir-
ector from requiring compliance with higher or more stringent require-
ments or specifications than those contained herein where compliance
with such higher or more stringent requirements or specifications is
necessary to maintain a sanitary Condition.
Sec. 68. 351. PROVISIONS NOT TO BE CONSTRUED TO PREVEN':
THE DIRECTOR FROM RET)IJC,TWCT R RQT-TLR-EMENTS. N~thing co~talrie
in this chapter sinal1 be construed to prevent the Director from establisk
ing lower or less stringent requirements or specifications than those
contained herein in such cases where a subsurface sewage disposal unit
or system may be maintained at such lower or less stringent require-
ments or specifications in a sanitary condition without detriment to the
public health or safety.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Sec. 68. 360. CROSS CONNECTIONS PROHIBITED. No person sha
install or permit to be installed an interconnection between a drinking
water supply and any equipment or connection of any kind, class, or de-
scription which may contain water or any liquid or substance unfit for
human or domestic consumption. The Director shall make or cause to
be made inspections to determine if such conditions exist, and if sctch
interconnections are discovered the Director shall require the purveyor
of water to discontinue water service unless the condition is abated with
a reasonable period of time fixed by the Director.
sold in the County which provides such an interconnection as a means of
operation unless the water supply is adequately protected.
No device shall be
4
c 68 2-70
()I) e
...
Sec 68. 361. SURFACE WATER NOT PERMITTED IN SUBSL
DISPOSAL SYSTEM. No opening shall be provided in any drainage
or in any septic tank, settling tank, seepage pit, cesspool or othei
surface disposal unit or system for the purpose of receiving the SI
drainage from any yard or building. (Amended by Ord. No. 3061 [
Eff 5-11-67)
Sec 68. 362. COVERING WORK BEFORE APPROVAL PROH
No person shall cover or cause to be covered any septic tank, set1
tank, seepage pit, cesspool, subsurface tile line system, or othei
surface disposal system or unit prior to its approval by the Direc
provided in this chapter, (Amended by Ord. No. 3061 (N. S. ) Eff.
5-11-67]
Sec. 68. 363. CONNECTING PLUMBING TO UNAPPROVED I
SAL SYSTEM PROKIBITED, It shall be unlawful for any person ti
nect any- kioiise seael line vr other piurnbing LO d sepric tank, sett
tank, cesspool, seepage pit or other subsurface sewage disposal L
system hereafter installed, constructed or reconstructed, unless
septic tank, settling tank, cesspool, seepage pit or other subsurfa
sewage disposal unit or system has been approved by the Director
provided in this chapter. (Amended by Ord. No. 3061 (N. S. ) Eff.
5 - 1 1 -6 7)
Sec. 68. 364. DISINFECTION QF CESSPOOLS, ETC. No pri
vault, privy, cesspool, or water closet shall be allowed by the ow
other person in charge of the premises upon which the same may
situated to become foul or offensive; and when, in the opinion of tl
Director any such privy, vault, or closet or cesspool shall need c
or disinfecting, it shall be the duty of said Director to notify such
or other person having control to abate the same by such disinfecl
cleaning as in the judgment of said Director may be necessary, 0'
case of a defective or offensive cesspool the owner, if deemed net
by the Director shall connect the premises to an available public I
or construct a new sewage disposal system that meets the require
of this chapter,
CHAPTER 4
(Repealed by Ord. No. 2512 (N. S. ) Eff 4-5-63)
LOWER TIJUANA SEWER SYSTEM
.I +d
61 rn 0,
L 2-70
/f-- -. Sec. 68,539. INITIAL COMPLIANCE. !
(a) The period until Zanuary 1, 1970, is hereby grt to all persons transporting or collecting garbage and rut pursuant to a permit issued by the Director of Public Woi for the calendar year 1969 in which to bring trucks used them into compliance with the provisions of subdivislons and (b) of Section 68.536, provided safd trucks are beint used by such persons in' the transportation or collection garPbage or" rubbish on October 1, i969.
(b) The period. untfl June 30, 1972, is hereby grant to all persons transportinp or collecting garbage and rut pursuant to a permit Issued by the Dfrector of Publ-ic Woi
the calendar year 1969 in which to bring trucks used by i into complfance with the provisions of subdivision (e) 0: Section 68.536, provfded that safd trucks are being used
by such persons in the collection of garbage or rubbish ( October 1, 1969.
(e> Those persons who on the effective date of %hfi ordinance possess a current unrevoked permit for the trai
porlt or conveyance of gaybage or rubbfsh issued by the E of Public Works for the calendar year 1969 may continue . collect OF transport garbage or rubbish wi'chout securing my additional permit or truck tags or d-ecals until Janul
1970. On January 1, 1970; such persons autonatical7.g re
permits to collect or trmsport garbage or rubbish f'om? ti remaining half of fiscal year 1969-1970 upon submitting permit application, paying the applicable fees, and comp with the requirements of Section 68.530 and 68.531. Tru
tags or decals shall also be issued to such persons, pro that their trucks conply with the requfrements of this e.
CHAPTER 6
SEPTIC TANK AND CESSFOCL CLEANERS
See, 68,601, DEFINITIONS, "CESSPOOLSr1, "SEPTIC TA SEEPAGE PITS'' shall be construed to include all manner o
disposal other than regular sewage disposal plants and s operated by a political subdivision and holding a valid from the Department of Public Health of the State of Cal
Sec e 68,602 q EXAMINATION FEED Whenever w1y person pn?evfously registered applies for examination as a septf tank or cesspool cleanel., said examination to be conduct the Health Officer as provided fn Section 25004 of the H
and Safety Coiie or^ the State of California, he shall pay
the Eealth Officer an examination fee of $15.000 In th the applicmt is unsuccessful In such examination no par
safd examination fee shall be returned to the applfcant. (Amended by Ord, No, 3436 (N,S,) Eff" 1-1-70)
.1
2-70
0 m.
0 68 o 603
Sec, 68.603. DELINQUENT EXAMINATION FEE. In any case wh
the applicant has failed for a period of 30 days to apply for
the examination and pay the examination fee required by this chapter, there shall be added to and collected with the examin tion fee a penalty equal to 10 percent of the fee; and for eac additional month or fraction of a month after the expiration c said 30-day period that the applicant fails to make such appli
tfon and pay said fee there shall be added to and collected wi
the examinetion fee an additional penalty equal to 10 percent
the fee; provided, however, in no event shall the total penalt
added to the examination fee pursuant to this section be more 60 percent of the examfnatfon fee. The imposition of or payme of the penalty imposed by this section shall not prevent the Ifmposftion of any other penalty prescribed by this code or
prosecution for violation of this chapter, (Amended by Ord. NO- 3436 (N.S,) Eff. 1-1-70)
Sec, 68,604 D ANNUAL REGISTRATION FEE--10 PERCENT PENALTY
FOR DELINQUENCY o In eddftion to the examination fee provided in Section 68,602, there is hereby imposed an annual registrat fee of $15.00 upon each person registered as a septfc tank or cesspool cleaner under the provision of Chapter 6, Division 2C of the Health and Safety Code of the State of California. Sai registration fee shall be paid to the Health Officer and shall
be due and payable January 1st of each year. The annual fee,
if unpaid, is delinquent January 31st at 5:OO o'clock p.mo
10 percent of the vznual fee shall be' added thkreto and shall
be collected at the time the delinquent fee is paid, If the annual fee and penalty is not paid prior to the end of Februar of the year in which due there shall be added to and collected
with the annual fee an additional penalty equal to 10 percent
the annual fee for each month or fraction of a month, comniencj
with the nionth of March, during which the annual fee or any penalty continues to remain unpafd; provfded, however, in no event shall the total penalty added to the registration fee pursuant to this section be more than 60 percent of the annual fee, The fmposftion of or payment of the penalty imposed by t section shall not plaevent the impositfon of any other penalty prescribed by this code or prosecution for violation of this chapter, (Amefided by Ord, No, 3436 (NOSo) Eff. 1-1-30)
See, 68.605. FEES DEPOSITED IN TREASURY. All sums recej by the Health Officer as fees or" charges pursuant to this char shall be forthwith deposited with the County Treasurer for tht use and benefit of the County,
See, 68,606. EXAMINATION OF EQUIPMENT. The Health Offfc shall examfne all equipment used in processing septic tanks, cesspools and seepage pits owned or under the control of each person registered under the provisions of this chapter at reg1 intervals not to exceed 90 days after said permit is granted.
fo~~e!~~~~~ the date ft 49 due a3d thereafter 8 Eenalty eqtlal tc
*
c 2'-66 - *. 68
d -- Sec. 68.607. FtEPORTS TO HEALTH OFFICER, Whenever a
\., cleans a septic tank or cesspool he shall notify the Health Officer (
duly authorized representative upon the regulation form adopted b)
Board of Health. Said form shall contain inforrnation such as loca
septic tanks, cesspools and seepage pits, location of the disposal 1
where sewage effluent or other material has been finally disposed
any other information which the Board of Health by regulation may
quire. Said report shall be transmitted to the Department of Pub1
Health at the close of each day.
CHAPTER 7
(Added by Ord. No. 2871 (NOS,) Eff. 10-7-65)
ACCUMULATION OF JUNK
Sec. 68.701. DEFINITIONS, For the purposes of this chaptei
following words and phrases shall have the meanings respectively
to them in this section:
i
(a) "FRONT LOT LINE" means the line separating the front o!
from the street. If a lot is bounded by more than one street then t
lot line is the line most nearly facing the front of the main buildini
the lot; provided, that if there is no building on the lot the front lo
may be designated by the owner of the lot.
(b) "FRONT YARD" means a yard extending across the full wi
a lot and extending from the front lot line to the front foundation li.
its prolongations, of the main building, as shown in Figure 1 of thi
tion. If the lot is vacant, the front yard depth shall be 50 feet.
(c) "JUNK" means any combustible or noncombustible nonputr
waste, including but not limited to trash; refuse; paper; glass; can
bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shr
or trees, except when used for mulch or like agricultural purpose
hold refuse other than garbage; lumber, metal, plumbing fixtures,
building stones, plaster, wire or like materials from the demolitic
alteration or construction of buildings or structures; tires or inne
auto, aircraft or boat parts; plastic or metal parts or scraps; daw
or defective machinery, whether or not repairable; and dama.ged o
fective toys, recreational equipment or household appliances or fu
ings, whether c)r not repairable. c..
(d) "LOT" means a lot or parcel two acres or less in size,
r .< * * * 6-59 I
DIVISION 9 pi $ 4
INSANITARY PREMISES
CHAPTER 1
CONDEMNATION OF BUILDINGS
See. 69.101. CONDEMNATION OF BUILDING. When any building o
premises have beer, inspected or caused to be impected by the Direct0
of Public Iiealth and the plumbing or sewage disposal unit or system of
such building or premises is found to be defective or insanitary$ notice
to that effect shall be served upon the tenant occupying the premises, i
there be a tecant, or the owner or his went, and the said notice shall
specify the character of repairs and alterations to be made in order to
eli-minate the defective or insanitary condition, If such repairs and altt
tions, as specified in said notice, are not commenced in good faith with
five days from the date of the service of such notice and completed with
the time specified therein, the Director of Public Health may condemn
said building or premises as being insanitary and -unfjt for human habit;
tion, and its ocoupamy thereafter is prohibited.
S~C. 69,102. Nonm THAT BUILDING 1~4s BEEN CONDEMNED.
When any building or premises have been condemned by the Director
of Public Healthh, the occupants shall imrnedistely vacate the premises
until such time as all repzirs and alterations required by the Director
of Public Health shall have been made. W%el?- a building or premises
have been condemned for any cause said Director shall place or cause 1
be placed thereon a placard reading as follows:
-WARNING
THIS BUILDING XAS BEEN COfTJIEMNED AS BEING INSANITAR
AND UNFIT FOR HUMAN HABITATION, AND IT IS UNLAWFUL
FOR ANY PERSON TO RESIDE IN OR OCCUPY THE SAME.
Director of Public Health
I
Sanitarian (Inspector)
a *
MEMORANDUM
DATE : September 13, 1982
TO : City Clerk
FROM : City Attorney
SUBJECT: ADOPTION OF HEALTH AND SANITATION REGULATIONS
Attached is an agenda bill and ordinance to readopt Chapter 6.
7.08 of the Carlsbad Municipal Code. The ordinance will reado
County Code of Regulatory Ordinances dealing with health and sanitation and with animal control. We've gone through the pr
for adopting a code by reference before but just as a reminder
adoption of code by reference is governed by section 50020 et,
the California Government Code. As you know, we are required three copies of the code that is being adopted by reference ir
files except as provided in section 50022.6 of the Government
The three copies of the code must be kept on file for at leas! preceding the public hearing which must be held before the adc
the ordinance incorporating the code by reference. The procec
before the City Council will be as follows: The title of the
ordinance and the title of the code to be adopted thereby wil
first reading before the City Council. The City Council shal schedule a public hearing which will be noticed in the newspa
general circulation once a week for two sucessive weeks. Pur section 6066 of the Government Code, the notice must state th and place of the public hearing and must state that copies of which will be adopted by reference are on file with the City are open to public inspection. After the public hearing the Council can then adopt the ordinance. The ordinance which ad code by reference must be publish n full after its adoptio you have any questions in thi /-+gZl please don't hesitate t
know.
- --> ///' <-- IdHfddk. HENTSCHKE Assistant City Attorney
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