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HomeMy WebLinkAbout01687 ORD - 06/13/1944- /- /6 /l2A4 AN ORDINANCE MOWING AN ORDINANCE ENTITLED "AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND .WELFARE CF THE CITY OF CORPUS CHRISTI BY PROVIDING THAT IT IS UNLAr- FUL FOR ESTABLISHMENTS HANDLING FOODSTUFF DESIGNED FOR EUMN CONSUMION TO EMPLOY PERSONS WHO ARE DISEASED OR WHO HAVE NOT BEEN EXAMINED FOR DISEAS.° AT REGULAR INTERVALS OR TO FAIL TO DISCHARGE EM- PLOYEES AFFLICTED WITH DISEASE OR'TO MIPLOY PERSONS W!?0 DO NOT HAVE FOOD HANDLERS PERMITS] BY MAKING IT MUMUL FOR AN EMPLOYEE IN A FOOD HANDLING ESTABLISHMENT TO WORE WHO ZS AFFLICTED WITH CGM- MUNICABLR DISEASE; BY PROVIDING FOR TEE ISSUANCE OF FOOD EANDLERIS F- TSI BY PROVIDING FOR THE ISSUANCE OF HEALTH CERTIFICATES; BY MKING IT UWWFUL FOR A PHYSICIAN TO ISSUE A HEALTH CERTIFICATE WITHOUT MAEING AN ACTUAL AND THOROUGH EBAMINATIORi BY HARING IT UNLAWFUL FOR ANY PERSON TO MAZE A FALSE STATEMENT IN CONNECTION WITH THE ISSUANCE Or A BEA.LTH CERTIFICATE; BY PROVI IlIG FOR HEALTH CERTI- FICATES TO BE FILED; PROVIDING FOR A Fri FOR THE ISSUANCE OF A FOOD HAUDIERtS M-NIT; PROVIDING FOR THE DISPLAY OF FOOD HANDLERIS PERMITS; PROVIDING PENALTIES FAR THE VIOLATION_ TEEREOF; AND DECLARING AN EMERGENOYe WHEREAS* the City Council of Corpus Christi, Texas, by ordinance Of date of January 25, 1944, passed and approved an ordinanoa regulating the issuance of Food Handlers Permits and making it unlawful for any person afflicted with or affected by a ocmmunicable.disesse to work in a food hand- ling establishment, and providing for regular examinations of persons who work in food handling establishments to ascertain if they are suffering from any transmissible condition of say infectious or contegious disease, which said cam+ * " ^ ^e is recorded in Volume lj, Page 480 of the Ordinance and Resolution Records of the City of Corpus Christi, Texas, and being Ordinance No. 1641; and WHEREAS, it is deemed by the City Council necessary to make amendments to Sections Seven (y) and Tea (10) of said ordinance in order that said ordinance might be more effective and Practical insofar as the +1• general public welfare is oonoerneds NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TESAS2 SECTION 1- That Ordinance No. 1641, passed and approved by the City Council of the City of Corpus Christi, Texas, on the 25th day of January, 1944. and recorded in Volume 13, Page 1480, of the ordinance and Resolution Records of the City of Corpus Christi, Texas, and entitleds " AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND WELFARE OF THE CITY OF CORPUS CHRISTI, BY PROVIDING THAT IT IS UNLAWFUL FOR ESTABLISHt1ENTS HAND- LING FOODSTUFF DESIGNED FOR HUMAN CONSUMPTION To EMPLOY PERSONS WHO ARE DISEASED, OR WHO HAVE NOT BEEN EXAMINED FOR DISEASE AT REGULAR INTERVALS OR TO FAIL TO DISCHARGE EMPLOYEES AFFLICTED WITH DISEASE OR TO EMPLOY PERSONS 11HO DO NOT HAVE FOOD HANDLERS' PERMITSs BY MAKING IT UNLAWFUL FOR AN EMPLCYEE IN A. FOOD HANDLING ESTABLISHMENT TO WORK WHO IS AFFLICTED WITH COMMUNICABLE DISEASE; BY PROVIDING FOR THE ISSUANCE OF FOOD HANDLERS PERMITS; BY PROVIDING FOR This ISSUANCE OF HEALTH CERTIFICATES; BY MAKING IT UNLAWFUL FCR A PHYSICIAN TO ISSUE A HEALTH CERTIFICATE WITHOUT MAKING AN ACTUAL AND THOROUGH EXAMINATION; BY MAKING IT UNLAWFUL FOR ANY PERSON TO_MAKE A FALSE STATEMENT IN CONNEC- LION WITH THE ISSUANCE OF A HEALTH CERTIFICATE; BY PROVIDING FOR HEALTH CERTIFICATES TO BT? FILED; PROVIDING FOR A FEE FOR THE ISSUANCE OF A FOOD HANDLERS' PERMIT; PROVIDING FOR THE DISPLAY OF FOOD HANDLERS' PERL "STS; PROVIDING PENALTIES FOR THE VIOLATION THEREOFt " be amended as follows, to -wits That Section Seven (7) of said ordinance be amended so as to read hereafter as follows, to -wits "SECTION 7- (A) All health certificates provided for herein shall be issued under the provisions of this ordinance and all such health certificates shall be certified to, as required herein, upon the following form, and such following form shall be the only form that shall be used in the -City of Corpus Christi, Texas, for such health certificates -2- CITY OF CORPUS CHRISTI-NUECES COUNTY HEALTH UNIT H E A L T H C E R T I F I C A T E NAM H06'E: ADDRESS AGE-SEX RACE BUSINESS ADDRESS 79EIGHT HEIGHT COLOR OF HAIR COLOR OF EYES GENERAL DESCRIPTION OF PERSON SPECIAL CHARACTERISTICS (such as scars) QUESTIONS TO BE ASKED APPLICANT BY EXk1UNING PHYSICIAN 1. Have you ever had tuberculosis or lived in a house with a person who had tuberculosis? Answer 2e Do you now have, or have you ever had, dysentery? Answer - - 71. Have you ever had typhoid fever? Answer The examining physician shall make a oareful examination of the applicant and indicate the results of such examination in the proper spaces below. Syphilis Skin Infections Gonorrhea Septic sore throat Vincentte Infection Tuberculosis Any other diseases indicated by exeminstiont NOTE TO PHYSICIM On postive reaction to tuberculosis a n as s on persons up to the age of 25 years, the akin test should be followed by x -ray ex mi tion. Vaen you get a postive reaction from persona over the age of 25 years, you shall malm a careful examination to determine the necessity of an x -ray for such persons. ;n the age grow: up to 25 years, it is not necessary to repeat the skin teat if the person has had a skin test within eighteen months of your examination.. Over this age one skin test is sufficient• Date Corpus Christi, Texas This is to oertiiy that I, a resident and duly licensed physician, authorized Mur y.t e laws of the State of Texas to practise medicine in the City of Corpus Christi, and Nueces County, Texas, have made an actual and thorough examination of the foregoing applicant for a food handler's permit under the provisions of the Ordinance of the City of Corpus Christi in regard to food handlerds permits, on this date, and that I have set opposite the spaces above the information required by the above form and that I have made a personal examination of such person and that I have made or caused to be made the skin test for tuberculosis and the serological test for syphilis and such other teats as were -3- required by my examination and the answers to the foregoing questions and that I have attached the results of such tests to this certificate and I do hereby certify that the above named person, to wit by reason of said examination and tests was found rree rrom any transmissible condition of any infectious or contagious disease at the time of such examination by ma on this date. Examining ys c ea Date Corpus Christi, Texas I, an applicant for a food h er s pe. o re y ca that all of the questions on the foregoing farm were asked me by the examining physician and that all of the information given on the foregoing form in true and correct* Applicant TESTS To BE ME Serological test for syphilis ) These tests are compulsory and the results must be Skin test for tuberculosis ) attached to the certificate. To THE PHYSICIAN LING THE EXMUNATICNi 1. If the person examined has had typhoid fever, two stool exaninations shall be made showing a negative report for typhoid bacilli before issuing any health certificate to such person. 2* If the person examined has or has had dysentery, the physician exam- ining such person shall have at least two stool examinations showing a negative report of dysentery. j. T he person shall be examined carefully to determine the presence of gonorrhea, and in case your examination shall indicate the person examined is infected with gonorrhea or raises a question in your mind as to the presence or absence of gonorrhea, then you shall have a smear or culture made for the determination of the presence or absence of gonorrhea, in such person. \ 1;. If such examination shall reveal that the applicant is infected with Vincent's Disease or if it raises a question in your mind as to whether or not much applicant is infected, then you should refer the applicant to a dentist and receive a signed report from such dentist before signing the health certificate• 5e If the result of the skin test for tuberculosis is postive or if the person answers question Number Cne "yes ", then you should have such person checked by standard laboratory X-ray methods to determine the presence or absence of tuberculosis. 6. Attach all laboratory tests as required by your examination to this certificate. "SECTION 8. It shall be unlawful for any physician to issue such health certificatd as provided for in this ordinance unless such physician is an actual bona fide resident of the County of NuecoB and authorised under and by virtue of the laws of the State of Texas to practice medicine in the County of Nueces, and unless much physician has, on the date of such certificate and before issuing the same, made a full, thorough and careful examination of the person to whom such certificate was issued so as to determine whether or not such person was at the time of this examination free from any and all infections or contagious diseases and unless he has asked the questions provided for in such certificate and correctly put down the answers thereto and hea, in addition, required the tests as are herein - before provided in this ordinance in the proper ease as therein indicated. "SECTION 9. It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or verbal, to any examining physician, or,any way knowingly conceal any material facts from such physician or to give or use any fictitious name in order to secure or aid In securing any such certificate as is provided for in this ordinance from such physician. and such certificate so secured shall be void." (B) In making the examination of an applicant in order to issue the foregoing health certificate, the physician shall conduct the same under the following regulations (1) If the person examined has had typhoid fever, the physician examining such person shall be required to have at least two stool examinations made showing a negative report for typhoid bacilli before issuing any health certificate to such parson. (2) If the person examined has or has had diarrhea or dysentery, the physician examining such person shall be required to have at least two stool examinations showing a negative report of diarrhea or dysentery. (j) All physician making examinations of person for the issuance of health certificates in the City of Corpus Christi shall have made a serological blood test to determine the presence or absence of syphilis, and no physician shall sign or issue a health certificate without first having had such test made for syphilis and a negative report on the same. (4) The physician malting such examinations shall examine such person carefully to determine the presence or absence of gonorrhea, and in case such examination shall indicate such person is infected with gonorrhea, or if ouch examination raises a question in the phy- siciam's mind as to whether or not such person is infected with gon- orrhea, then such physician shall have a smear or culture made for the determination of the presence of gonorrhea in such person. -5- (5) The physician making an examination of a person for the issuance of a health certificate shall make a careful exam- ination. of such person to determine the presence of tuberculosis. If the person examined is over the age of 25 years the physician shall examine such person carefully, and after such axar3nation, the said physician may certify that such person is free from tuber- culosis if the results of such examination are such that the phy- sician is of the opinion that such person does not have tuberou- Ionia or the said physician may. in his discretion, require x -rays or other tests before certifying that such person is free from tub - eroulosis. If the person examined is under the age of 25 yearn, then the skin test for tuberculosis shall be given, If the re- action to the tuberculosis skin test is positive, then the skin test should be followed by x -ray examination. It shall not be necessary to repeat the skin teat for tuberculosis if the applicant is under the age of 25 years and has had such skin test made within eighteen months of the time of such examination, (6) All physicians shall make examination for septic sore throat* (7) If such examination shall cause the physician making such examination to suspect that such person is infected with Vincent's Infection& then such physician shall refer such person to a regularly licensed and practising dentist in the,City of Corpus Christi. Texas, to be further examined for the presence or absence of such Vincent's Infection. (6) The reports of all such laboratory tests as may be I required under these rules shall be attached to the health certi- fiesta to be issued by the physician*" SECTION 2. That Section Ten (10) of said Ordinance No. 1641 be amended so as to read hereafter as follows: -6- "SECTION 10 (.A) Each applicant for a Food Handler's Permit as required by this Ordinance, shall take such health certificate, together with all laboratory reports as hereinbefore provided, to the City of Corpus Christi- NueoesCounty Health Unit and there make application for the issuance of a Food Handler's Permit on such forms as the Director of said City -Covert; Health Unit and the Commissioner of Public Health of the City of Corpus Christi, Texas, shall doom prop or. No Food Handler's Permit shall be granted to any a_rplioaat unless such person shall present such health certificate and laboratory reports and said health certificate shall show such person was examined in accordance with the provisions of this ordinance within forty -eight hours of the time of the making of such application and £quad to be free from any, and all contagious and infectious diseases. (B) There shall be a charge made for the issuance of a Food Handler's Permit of Fifty (50�) Cents, and the revenue derived therefrom shall be used to defray the expenses of issuing such permits and the keeping of the necessary files and records in regard to the health certificates and Food Handlers Permits* (C) In the event a Food Handler's permit is issued to such applicant, the said City - County Health Unit shall take such health certificate and all laboratory reports in connection therewith and file the same in the records of such City - County Health Unit and shall keep a register of Health Certificates in a well bound book, and the health certificates shall be numbered with consecutive numbers as the same are entered therein. (D) The Food Handlerls Permit to be issued under the provisions of this ordinance shall contain, among other things, the name o£ the pare on to whom the permit is issued, a statement that such person has complied with all of the provisions of Art. 705 C of the Penal Code of Texas and this ordinance and that such person is the holder of a valid health certificate, and give the serial number of such health certificate, and that the same is on file in the office of the City County Health Unit and shall give the date of such health certificate and shall state that such food handler's permit is not valid for a period longer than six months from the date of said health certificates -7- The said Food Handler sa Permit must bear the signature of the applicant for such permit in his awn handwriting. The said Food-Handler's Permit shall be signed by the Director of the said City-County Health Unit and the Commissioner of public Health of the City of Corpus Christie Texas, or by some persons by them duly authorised.° SECTION 3. The fact that thi �smeaded ordinance is nec- essary for the welfare of the oitizem of the City of Corpus Christi. Texas, and is needed to adequately protect the health of such citizens, creates a public emergency and imperative public necessity requiring the suspension of the Charter rule providing that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall bs read at three several meetings of the City Councils and the Mayor having declared that such public emergency and necessity exists, and having requested that said charter rule be suspended, and that this ordinanae take offset and be in full force and effect, from and after its passage. IT IS ACCORDINGLY ORDAINED. PASSED AND APPROM this Lday of . 19" i ATTEST s Gity Secretary - APPROVED AS TO LEGAL t3 Attorn ( -9- MAYOR. City of Corpus Christi, Texas Corpus Christi, Texas 1944 TO THE MEbQiERS OF THE CITY COUCIL OF THE CITY OF CORPUS CHRISTI Corpus Christi, Texas Gentlemens For the reasons set forth in the emergency clause of the foregoing Ordinance, a public emergency and an im- perative public necessity exists for the suspension of the Charter rule or requirement that no Ordinance or Resolution shall be passed finally on the date it is introduced, and that such Ordinance or Resolution shall be read at three, several meetings of the City Council. I, therefore, hereby request that you suspend said Charter rule or requirement and pass this Ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully. MAYOR. City of Corpus Christi, T s x a s. The Charter rule was suspended by the following vote: A. C. McCaughan Jos. Mireur Sd. P.,Williams D. A. Segrest B. G. Moffett The above ordinance was passe y the following vote: A. C. McCaughan aw Jos. Miraur Bd. P. Williams D. A. Begrest B. G. Moffett fq