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HomeMy WebLinkAbout03231 ORD - 03/25/195243,2 J1 AN ORDINANCE AMENDING ORDINANCE NO. 3091, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON THE 17TH DAY OF JULY, 1951, AND RECORDED IN VOLUME 19, PAGE 475 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, GIVING AUTHORITY TO HEALTH INSPECTORS TO MAKE INSPECTION OF ANY ROOM, APARTMENT, OR PLACE IN THE CITY OF CORPUS CHRISTI, MAKING SUCH HEALTH INSPECTORS RESPONSIBLE, PERMITTING THE OBTAINING OF SAMPLES, PROVIDING FOR CONDEMNATION OF CERTAIN FOODSTUFFS, PROVIDING FOR APPLICATION FOR AND GRANTING OF PERMITS FOR SALE AND DELIVERY OF FOODSTUFFS PRODUCED WITHOUT THE CONFINES OF THE CITY OF CORPUS CHRISTI. NUN, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. ORDINANCE NO. 30911 PASSED NNE) APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON-THE 17TH DAY OF JULY, 1951, AND RECORDED IN VOLUME 19, PAGE 475 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND READING: "AN ORDINANCE ESTABLISHING A CODE OF SANITARY AND HEALTH REGULATIONS AND REQUIREMENTS FOR ALL PLACES, BUSINESSES, AND PERSONS WHEREIN OR BY WHOM FOODSTUFF OR DRINKS FOR HUMAN CONSUMPTION IS PRODUCED, HANDLED, PREPARED, CARED FOR, SOLD OR STORED, AND FOR ALL VEHICLES USED IN CONNECTION WITH ANY SUCH BUSINESS; CONTAINING PERTINENT DEFINITIONS; PROVIDING PROCEDURE FOR LICENSE AND PERMITS; PROVIDING FOR THE SUSPENSION AND /OR REVOCATION OF PERMITS AND METHOD OF REINSTATEMENT, REQUIRING POSTING OF PERMITS AND METHOD OF REINSTATEMENT; REQUIRING POSTING OF PERMITS; PROHIBITING CERTAIN CONFLICTING BUSINESSES TO BE OPERATED IN OR ON SAME PREMISES; PROVIDING FOR INSPECTIONS; PRESCRIBING PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, EXPRESSLY REPEALING ORDINANCE NO. 820, DATED FEBRUARY 8, 1938, RECORDED IN VOL. 10, PAGE 103, ORDINANCE NO. 863, DATED JUNE 24, 1938; RECORDED IN VOLUME 10, PAGE 195, ORDINANCE NO. 1194, DATED DECEMBER 31, 1940, RECORDED IN VOLUME 11, PAGE 442, ORDINANCE NO. 1526, DATED DECEMBER 8, 1942, RECORDED IN VOLUME 13, PAGE 210, ORDINANCE NO. 2610, DATED OCTOBER 25, 1949, RECORDED IN VOLUME 17, PAGE 579; CONTAINING SAVINGS CLAUSE; PROVIDING METHOD AND MANNER OF PUBLICATION? BE, AND IS HEREBY AMENDED, BY ADDING THE FOLLOWING PARAGRAPH: ARTICLE VII -A SECTION 1: INSPECTION: THE CITY HEALTH OFFICER, AND EACH INSPECTOR OF THE CITY ACTING UNDER THE AUTHORITY OF THE CITY HEALTH OFFICER OR THE CITY COUNCIL, FOR THE PURPOSE OF PROTECTING THE PUBLIC HEALTH AND ENFORCING THIS ORDINANCE, IS HEREBY AUTHORIZED AND DIRECTED AT ANY OR ALL TIMES WHEN INSPECTION MAY BE DEEMED PROPER TO ENTER ANY PREMISES, ROOM, APARTMENT, 02 PLACE IN THE CITY OF CORPUS CHRISTI, (OR IF NO OBJECTION BE MADE WITHOUT THE CITY OF CORPUS CHRISTI) WHEREIN ANY SUCH BUSINESS OPERATIONS HERE -IN MENTIONED OR REFERRED TO ARE CARRIED ONE OR WHERE ANY SUCH FOODSTUFFS ARE KEPT, PRODUCED, PREPARED OR HANDLED AND ALSO EACH AND EVERY ROOMS PLACE? PREMISES, VEHICLE OR APPURTENANCE USED IN CONNECTION WITH SUCH BUSINESS OR OPERATIONS AND TO MAKE A COMPLETE INSPECTION OF EACH SUCH ROOM, PLACE, PREMISES OR VEHICLE, AND ALL MACHINERY, EQUIPMENT, FURNITURE, FIXTURES AND THINGS FOUND THEREIN; AND ALSO TO MAKE A THOROUGH INSPECTION AND EXAMINATION OF ALL FOODSTUFFS AND OTHER THINGS THEREIN FOUND WHICH ARE USED OR KEPT FOR THE PURPOSES OF SUCH BUSINESS, AND WHICH ARE NAMED HEREIN ARE WITHIN PURPOSE AND INTENT OF THIS ORDINANCE; AND ALL SUCH INSPECTORS ARE ALSO HEREBY AUTHORIZED AND DIRECTED TO STOP AND INSPECT WITHIN THE CITY OR BY PERMISSION WITHOUT THE CITY, ANY WAGON OR VEHICLE WHICH APPEARS TO BE USED FOR THE PURPOSE OF TRANSPORTING OR DELIVERING ANY SUCH FOODSTUFF AND SUCH INSPECTOR SHALL ALSO BE AUTHORIZED TO REQUIRE, AND THE PERSON IN CHARGE OF ANY SUCH BUSINESS PLACE OR VEHICLE SHALL FURNISH TO 'THE INSPECTOR SUCH PROPER SAMPLES AS HE MAY DEMAND FOR MAKING ANY TESTS OF SUCH FOODSTUFFS; PROVIDED HOWEVER THAT NO INSPECTOR SHALL BE AUTHORIZED TO ENTER ANY GUEST ROOM OF ANY HOTEL AT ANY TIME, WHEN HIS PRESENCE MIGHT DISTURB OR ANNOY ANY GUEST WHEN PRESENT IN SUCH ROOM OR ROOMS; AND THAT NO PERSON SHALL INTERFERE WITH OR REFUSE TO PERMIT ANY SUCH OFFIGER OR INSPECTOR TO MAKE ANY INSPECTION HEREBY AUTHORIZED; AND IF ANY PERSON SHALL REFUSE PERMISSION OR BAR OR OBSTRUCT SUCH INSPECTION, THEN ANY LICENSE OR PERMIT OR CERTIFICATE ISSUED t BY THE CITY FOR SUCH BUSINESS SHALL BECOME SUBJECT TO REVOCATION AND SHALL BECOME NULL AND VOID ON WRITTEN ORDER OF THE CITY HEALTH OFFICER; AND EVERY PERSON WHO OWNS MANAGES OR CONDUCTS ANY SUCH BUSINESSi AND EACH AGENT OR EMPLOYEE OF SUCH PERSONS SHALL ANSWER TRULY EACH QUESTIONS AND RENDER SUCH INFORMATION AND ASSISTANCE AND TO GIVE SUCH WRITTEN STATEMENTS OR CERTI- FICATES AS MAY BE USED OR REQUIRED BY THE CITY HEALTH OFFICER OR ANY SUCH INSPECTOR FOR THE PURPOSE OF FACILITATING ANY INSPECTION OR EXAMINATION -2- UNDER THE PROVISIONS OF THIS ORDINANCE; AND ALSO SHALL UPON REQUEST OF SUCH OFFICER EXHIBIT TO SUCH OFFICERS AND PERMIT HIM TO EXAMINE UPON REQUEST ANY LICENSE OR PERMIT OR CERTIFICATE RELATING TO SUCH BUSINESS, AND ALSO ANY BILL OR DELIVERY TICKET EVIDENCING THE PURCHASE OF DELIVERY OF ANY FOODSTUFF AND SHOWING THE NAME OF THE PERSON FROM WHOM SAME WAS HAD OR PURCHASED. SECTION 2. RESPONSIBILITY AND REPORT'S OF INSPECTORS: EVERY PERSON NOW OR HEREAFTER TO BE APPOINTED, OR ACTING BY OR UNDER THE AUTHORITY OF THE CITY OF CORPUS CHRISTI, WHO IS CHARGED WITH THE DUTY OF INSPECTING SUCH ROOMS, PLACE OR THINGS, OR ANY MEAT OR OTHER FOODSTUFFS, OR ANY OPERATIONS IN CONNECTION THEREWITH, OR THE CONDUCT OF ANY BUSINESSS HEREIN MENTIONED OR REFERRED TO SHALL PERFORM ALL SUCH DUTIES UNDER THE DIRECTION OF THE CITY HEALTH OFFICER AND SHALL MAKE ALL SUCH INSPECTIONS, EXAMINATIONS AND REPORTS AND IN SUCH MANNER AND FORM, AS MAY BE REQUIRED AND DIRECTED BY THE CITY HEALTH OFFICER. SECTION 3. SAMPLES TAKEN: ANY PERSON PREPARING,MANUFACTURING, SELLING OR OFFERING FOR SALE ANY FOOD PRODUCT SHALL PERMIT SAMPLES OF REASON- ABLE QUANTITY OF ANY SUCH FOOD PRODUCT, AND OF ANY MATERIAL USED IN THE MANUFACTURE THEREOF, TO BE TAKEN FOR EXAMINATION, INSPECTION OR ANALYSIS BY SAID HEALTH OFFICER. IT SHALL BE UNLAWFUL FOR ANY PERSON TO PREVENT, RESIST OR FORCIBLY OPPOSE THE TAKING OF ANY SUCH SAMPLE BY SAID HEALTH OFFICER. SECTION 4. CONDEMNATION: WHEN THE CITY HEALTH OFFICER OR ANY OF INSPECTOR OR OTHER PERSON CHARGED WITH THE DUTIES OF SUCH INSPECTION/FOOD- STUFF, SHALL FIND IN THE CITY OF CORPUS CHRISTI, ANY MEAT, FISH OR OTHER FOODSTUFF, WHETHER ANIMAL OR VEGETABLE AND OF WHATSOEVER NATURE, WHICH IS UNFIT FOR HUMAN FOOD BY REASON OF BEING ADULTERATED; TAINTED, DISEASED; FERMENTED, DECAYING OR OTHERWISE UNWHOLESOME OR UNCLEAN, OR THE USES KEEPING OR SALE OF WHICH IS PROHIBITED BY THIS OR ANY OTHER ORDINANCE OF THE CITY, OR LAW OR REGULATION OF THE SATES HE SHALL PROMPTLY CONDEMN THE SAME AND THE OWNER, MANAGER OR OTHER PERSON OR PERSONS IN CHARGE OF THE SAME, SHALL THEREUPON IMMEDIATELY AND IN THE PRESENCE OF THE INSPECTOR DESTROY SUCH MEATS FISH OR OTHER FOODSTUFFS UNLESS SUCH OWNERS MANAGER OR OTHER PERSON SHALL NOTIFY SUCH INSPECTOR OF HIS DESIRE TO APPEAL AND SHALL IMMEDIATELY COMPLY WITH THE REQUIREMENTS OF THE PROVISIONS TO THIS SECTION. SUCH DESTRUCTION OF MEATI FISH OR OTHER FOODSTUFF SHALL BE AFFECTED BY SLASHING OR OTHERWISE SEPARATING THE SUBSTANCE OF SAME, AFTER WHICH SAME SHALL BE - 3- IMMEDIATELY SATURATED WITH KEROSENE OR SUCH CHEMICAL COMPOUND AS MAY BE APPROVED BY THE CITY HEALTH OFFICER; PROVIDED, HOWEVER, THAT IN CASE SUCH OWNERS MANAGER OR OTHER PERSON IN CHARGE OF SUCH FOODSTUFF, SHALL DESIRE TO APPEAL FROM THE JUDGMENT OF ANY SUCH INSPECTOR, SUCH OWNER, MANAGER OR OTHER PERSON SHALL IMMEDIATELY TRANSPORT SUCH FOODSTUFF TO SUCH PLACE AS SAID INSPECTOR MAY DESIGNATE OR APPROVE, AND SHALL THERE STORE SUCH FOODSTUFF; AND THE CITY HEALTH OFFICER, OR THE CITY VETERINARIAN OR CITY CHEMIST AND BACTERIOLOGIST, IF DESIGNATED, BY THE CITY HEALTH OFFICER SHALL PROMPTLY ON THE WRITTEN REQUEST OF SUCH OWNER OR MAY ON HIS OWN MOTION, MAKE A FURTHER INSPECTION AND EXAMINATION OF SUCH FOODSTUFF, AND THE JUDGMENT OF SAID CITY HEALTH OFFICER OR THE JUDGMENT OF SUCH OTHER OFFICER WHO MAY MAKE SUCH EXAMINATION SHALL BE FINAL AND CONCLUSIVE, AND IF SUCH JUDGMENT BE THAT SAID FOODSTUFF SHALL BE CONDEMNED, THEN SAME SHALL BE IMMEDIATELY DESTROYED AS AFORESAID OR IN SUCH MANNER AS AFORESAID, OR IN SUCH MANNER AS THE CITY HEALTH OFFICER MAY DIRECT; BUT IF SUCH JUDGMENT BE THAT SAID FOODSTUFF SHOULD NOT BE CONDEMNED, THEN THE OWNER, MAY REMOVE THE SAME AGAIN TO HIS PLACE OF BUSINESS, BUT HE SHALL NOT OTHERWISE DO $0. SECTION 5: IT SHALL BE UNLAWFUL FOR ANY PERSON TO BRING INTO SAID CITY FORSALE OR DELIVERY, OR TO SELL OR DELIVER, OR TO OFFER TO SELL OR DELIVER WITH SAID CITY,.ANY SUCH FOODSTUFF PRODUCED HANDLED OR MANUFACTURED IN ANY SUCH BUSINESS CONDUCTED WITHIN THE COUNTY OF NUECES OR ANY CONTIGUOUS COUNTY, BUT WITHOUT THE CONFINES OF SAID CITY UNLESS AND UNTIL THE PERSON, ASSOCIATION OR PERSONS FIRM OR CORPORATION OWNING OR CONDUCTING SUCH BUSINESS OR OPERATIONS SHALL FIRST APPLY IN WRITING TO THE CITY HEALTH OFFICER OF THIS CITY FOR INSPECTION BY SAID CITY HEALTH OFFICER OR UNDER HIS DIRECTIONS OF THE PLANTS ROOMS AND PREMISES AND ALL PLACES, AND THINGS AND SUBSTANCES USED FOW THE PURPOSES OF SUCH BUSINESS OR OPERATIONS BOTH WITHIN AND WITHOUT SAID CITY; AND SUCH APPLICANT SHALL PRODUCE EVIDENCE TO THE SATISFACTION OF THE CITY HEALTH'OFFICER THAT THE BUSINESS IN QUESTION AND ALL OPERATIONS THEREOF CONDUCTED WITHIN OR WITHOUT THIS CITY, ARE MANAGED AND CONDUCTED IN ALL RESPECTS IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AND WITH THE SAME SAFEGUARDS AS ARE IN THE ORDINANCES OF THIS CITY SPECIFIED AND REQUIRED. AND IF THE CITY HEALTH OFFICER SHALL BE SATISFIED THAT THE OPERATIONS OF SUCH BUSINESS ARE BEING CONDUCTED AS AFORESAID THEN HE SHALL ISSUE TO THE APPLICANT A PERMIT TO SELL AND DELIVER SUCH FOODSTUFF WITHIN THE CITY -OF CORPUS CHRISTI; BUT IF THE PERSON, ASSOCIATION OF PERSONS, FIRM OR CORPORATION MAKING SUCH APPLICATION SHALL THEREAFTER AT ANY TIME HINDER OR REFUSE TO PERMIT SUCH INSPECTION, EXAMINATION AND INTERROGATION AS IS PROVIDED BY ORDINANCE FOR ANY SIMILAR BUSINESS OR OPERATIONS CONDUCED WITHIN THIS CITY, OR IF IT BE FOUND AT ANY TIME THAT APPLICANT IS NOT OBSERVING AND COMPLYING WITH THIS ORDINANCE w OR OTHER ORDINANCES OF THE CITY RELATING TO THE MANUFACTURE, HANDLING OR PRODUCTION OF FOODSTUFF, OR THAT SUCH OPERATIONS ARE NOT BEING CONDUCTED UNDER THE SAME CONDITIONS AND WITH THE SAME SAFEGUARDS AS THEREIN REQUIRED, THEN AND THEREUPON IT SHALL BE THE DUTY OF THE CITY HEALTH OFFICER TO REVOKE SAID PERMIT AND TO FORWARD BY REGISTERED MAIL OR PERSONAL SERVICE TO SUCH PERSON, ASSOCIATIONS OF PERSONS, FIRM OR CORPORATION, NOTICE OF SUCH REVOCATION OF SAID PERMIT; AND NO SUCH PERSON, ASSOCIATION OF PERSONS, FIRM OR CORPORATION, OR ANY PERSON ACTING -FOR THE SAME, FIRM OR CORPORATION OR ANY PERSON ACTING FOR THE SAME, SHALL SELL OR DELIVER, OR OFFER TO SELL OR DELIVER, OR BRING INTO SAID CITY FOR THE PURPOSE OF SALE OR DELIVERY, ANY SUCH FOODSTUFF UNLESS SUCH PERSON, ASSOCIATION OF PERSONS, FIRM OR CORPORATION SHALL HOLD SUCH PERMIT ISSUED BY THE CITY HEALTH OFFICER, AND UNLESS THE SAME BE AND REMAIN UNREVOKED AS AFORESAID; PROVIDED, HOWEVER, THAT FOR BUSINESS OR OPERATIONS CONDUCTED WITHOUT SAID CITY, IT SHALL NOT BE NECESSARY TO HAVE CONNECTIONS WITH THE WATER SUPPLY OR SEWERS OF SAID CITY, BUT OTHER CORRESPONDING MEANS SHALL BE USED AND PROVIDED WHEREBY AN AMPLE SUPPLY OF GOOD WATER UNDER PRESSURE AND SANITARY DISPOSAL OF SEWAGE AND SLOPS BY MEANS OF SEWERS, SHALL BE EFFECTED IN A MANNER CORRESPONDING TO THAT HEREBY REQUIRED, ALL OF WHICH SHALL BE DONE AND PROVIDED TO THE SATISFACTION OF SAID CITY HEALTH OFFICER. SECTION 6. IN ACCORDANCE WITH THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, THE FOREGOING ORDINANCE WAS READ AT THE COUNCIL MEETING THE FIRST TIME AND PASSED TO THE SECOND READING ON THE = DAY OFAaQr� 1952, BY THE FOLLOWING VOTE: LESLIE WASSERMAN JACK DE FORREST . ;�1-�_ -. sa .h F 5 _ FRANOEE1 -W LLIA+4 MSON SYDNEY HERNDON GEORGE LOWMAN ao x THE FOREGOING ORDINANCE WAS READ THE SECOND TIME AND PASSED TO THE THIRD READING ON THE /zp?-Z;C DAY OF�_, 1952 BY THE FOLLOWING VOTE: LESLIE WASSERMAN JACK DE FORREST FRANK E. WILLIAMSON SYDNEY HERNDONcl_ GOERGE LOWMAN THE FOREGOING ORDINANCE WAS READ THE THIRD TIME AND PASSED FINALLY AND APPROVED ON THE JI DAY OF , 1952, BY THE FOLLOWING VOTE: LESLIE WASSERMAN_ • JACK DE FORREST FRANK E. WILLIAMSON SYDNEY HERNDON GEORGE LOWMAN Q C. • � r - MAYS THE CITY OF CORPUS CHRISTI r TTEST: CITY SECRETARY - APPROVED AS TO LEGAL FORM: CITY ATTOR EY -6- -