HomeMy WebLinkAbout17858 ORD - 09/28/1983AN ORDINANCE
AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, OF THE
CODE OF ORDINANCES PROVIDING FOR REGULATION OF AND HEALTH
AND SANITATION STANDARDS FOR MOBILE AND FIXED -SITE
TEMPORARY FRESH SHRIMP AND SEAFOOD VENDORS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE
DATE OF NOVEMBER 1, 1983.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 19-46 of Chapter 19, Food and Food
Establishments, of the Code of Ordinances of the City of Corpus Christi,
Texas, is hereby amended to read as follows:
Sec. 19-46. Mobile and Fixed -Site Temporary Vendors.
(a) Peddler's vehicles, etc.; generally.
All wagons, vehicles and carts used for peddling food in
any form and all the contents thereof shall always be
kept in a wholesome and sanitary condition, and no person
owning, using or driving such wagon or vehicle or
peddling food in any form afoot shall permit the same to
contain any unwholesome, fermenting or decaying fruit,
vegetables or other food or food products. The contents
of each such wagon, vehicle or other container shall be
securely covered and protected from flies, insects and
dirt by clean and sound wire screens of not less than
fourteen (14) mesh to the inch or by some other means
approved by the health officer. All such food and
vegetable peddlers by wagon or otherwise shall not sell
any merchandise of any description in the city, without
first having obtained a permit as required by the various
provisions of this Code and other ordinances of the city,
pertaining to the particular type of commodity sought to
be peddled.
(b) Licensing.
Before any person may operate any mobile or temporary
fixed -site food establishment regulated hereby, such
mobile or temporary fixed -site vending unit must be
presented for initial inspection at the Health Department
and a permit applied for and granted for the operation of
such vending unit. The vendor must attend a 2 -hour food
handler's class. The licensing fee for a vending unit
operating under this section is $50.00 which must be paid
prior to issuance of the required permit. Prior to
licensing under this section, the vendor must show that a
vending permit has been granted for operation upon
specified public property or, if the unit is to be
located on private property, notarized documents showing
the vendor's ownership of the premises or permission of
the owner to use such premises.
(c) Traffic Rules.
The vendor must observe all traffic rules and must avoid
creating a traffic hazard. Unless otherwise specifically
permitted to do so, the vending unit must not be parked
on any street, alley or other public property and must
keep off the right-of-way.
17858
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MICROFILMED
(d) Fresh shrimp vendors, standards.
In addition to other applicable health and sanitation
provisions in this chapter, all vendors of fresh shrimp
from mobile or fixed -site temporary vehicles, wagons
carts and stands shall comply with the following
standards:
(1) Shrimp Supply: Shrimp shall be in sound
condition, free from spoilage, filth or any
other type of contamination and shall be safe
for human consumption.
(2) Shrime Storage: Shrimp shall be stored in a
sanitized (using chlorine solution) container
with sufficient effective insulation and ice or
refrigerant to provide and maintain a product
temperature of 45 deg. F., or below at all
times except during the necessary periods of
transfer to the customer. Ice shall be
obtained from an approved source. The
container must be in sound condition and must
remain in an enclosed area at least 18" off the
ground.
(3)
Waste Disposal: A holding tank of at least 5
gallon capacity must be provided for liquid
waste. (The holding tank may be an ice chest
used solely for this purpose).
(4) Construction of Mobile Shrimp Vending Unit:
The unit must be completely enclosed. The
enclosed area may be screened or covered to
prevent entry of flies. The interior surface
must be in good condition, not rusty, with
floors made of non-absorbent material. Station
wagons or cars are not acceptable as mobile shrimp
vending units.
(5) Equipment & Utensils: The following equipment
and utensils shall be required: at least one
five (5) gallon container filled with water
from an approved source to be used for handwashing,
appropriately labelled; a container for holding
fluid for sanitizing hands, appropriately
labelled; single service towels; and one spray
bottle of acceptable sanitizing agent for use
with scale.
(e) Crab, Lobster, Crayfish; sold live.
In addition to other applicable provisions in this
section vendors of fresh crab, lobster, or crayfish shall
keep, maintain, and sell such seafood alive.
(f) Effect of Compliance.
Compliance with the provisions of this section shall not
be construed to authorize any activity in violation of
the zoning ordinance or any other ordinance of the City.
(g) Penalty for Violation, Citation.
Persons violating this section shall be subject to a fine
of not less than $100.00 for each violation. In addition
to any other action taken to correct improper handling of
food, a health inspector, sanitarian or police officer
may issue any person selling food in violation of this
section a notice of violation and summons to appear in
municipal court in answer to such charge. This notice
shall provide a space thereon for the party charged to
waive trial on the merits and enter a plea of guilty or
nolo contendere. In the event the party desires to enter
a plea of not guilty, such person may obtain a trial
setting from the clerk of the municipal court.
Nothwithstanding any other provision of this subsection,
persons charged with violation may, after entering a plea
of guilty or nolo contendere in the space provided,ay a
fine in the amount of one hundred dollars ($100.00 for
such violation, to the clerk of the municipal court
within ten days. Each occasion that an individual is
found selling food in violation of this section will
constitute a separate offense.
SECTION 2. If for any reason any section , paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it
shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 3. Notice of the passage of this ordinance shall be
published by publishing the caption thereof stating in summary the purpose of
the ordinance one time in the official publication of the City of Corpus
Christi, Texas; and this ordinance shall be effective as of and from
November 1, 1983.
That the foregoing ordinance as read for e first ime and pased to its
second reading on this the , q day of i , 19 11, by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance was read for t ' s:cond ime andsed to its
third reading on this the &/ei day of / , 19/A. , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance was read for the Ijiird time and passed finally
on this the o?13 day of ..5g40...45,2A , 19 , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
"A.° Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy (-14.14
0, t Q Joe McComb 44
-9 Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the alg day of CalupW 1 , 19 3.
ATTEST:
-1(:6(21-414L2
Ci Secretary
PPq 04ED:
1'T74AY OF
J. BRUCE YCOCK, CITY ATTORNEY
ant City ttorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17858
PUBLISHER'S AFFIDAVIT
AD#31061
City of C.C.
STATE OF TEXAS,0t—d . i r) sdC5
�ss:
G'o�hty of Nueces.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE .LUNA , who being first duly sworn, according to law, says that he is the
ADM. A$ST,,._aB.C.BET.AItX of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINQ,_t1Q,__jiB.5.a
of which the annexed is a true copy, was published in CALLER—TIMES PUBLISHING CO.
on the3rd _ day of October
consecutive.
One
day
Times.
19$3.., and once each dal thereafter for one
31_68 GRACIE DE LUNA
Subscribed and sworn to before me this 6th
ay of.
otary P
Nubli« Nu es County, Texas
tDNA KOSTER
Oc ober 19...8.3
fretticifFMAGIT4
AMENDING CHAPTER 19,
.FOOD AND FOOD ESTABI
LISHMENTS, OF THE
CODE OF ORDINANCES
PROVIDING FOR REGLN,
LATION OF HEALTH AND
SANITATION STANDARDS
FOR MOBILE AND
FIXED•SITE TEMPO-
RARY FRESH SHRIMPI
AND SEAFOOD VEN-
DORS; PROVIDING FOR
SEVERANCE; AND
PROVIDING FOR PUBLI•
•CATION AND • AN
EFFECTIVE DATE OF
NOVEMBER 1, 1983.
Was passed and approved
by the City Council of the
City of Corpus Christi, Tex-
as on the 28th day of •
September, 1983. The full
text of Said ordinance is ,
available to the public in
the Office of the City Secre-
tary.
4-13111G. Read
City Secretary
Corpus Christi, Texas