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Ordinance No. 4,640Published in: THE BAYTOW1$ SUN Tuesday, Feb. 17, 1987 "Y4 J 40 70212 -1 Wednesday, Feb. 18, 1987(b w ORDINANCE NO. 4640 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AMENDING CHAPTER 13, "FOOD AND FOOD ESTABLISHMENTS," TO ADOPT NEW REGULATIONS; REPEALING INCONSISTENT PROVISIONS; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND ® PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 13 of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: SEE EXHIBIT "A" Section 2: All ordinances or parts of ordinance inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, ® void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Two Hundred and No /100 ($200.00) Dollars. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) _. days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12th day of February, 1987. EMMETT 0. HUTTO, Mayor ATT ST: EI P. HALL Ci Clerk RANDALL B. STRONG, Ci Attorney C:1:14:7 U 171 L,J EXHIBIT "A" ® CHAPTER 13 FOOD AND FOOD ESTABLISHMENT ® ARTICLE I. General Sec. 13 -1. Purpose. - The purpose of this Chapter is to protect the public health by establishing uniform requirements for food service establishments. Sec. 13 -2. Adoption of State Rules. The Rules on Food Service Sanitation and Rules on Retail Food Store Sanitation as promulgated by the Texas Department of Health, Division of Food and Drugs, certified copies of which are on file with the City Clerk and the City of Baytown Health Department, and incorporated herein by reference are hereby adopted as a part of this Chapter, the same as if set forth verbatim herein, unless a contrary intention is established by a section of this Chapter. Sec. 13 -3. Definitions. The words and phrases, when used in this Chapter shall have the following meanings: (a) Abattoir or Slaughter House - means any establishment within the city in which cattle, sheep, swine, goats, or any such animals are slaughtered for meat for human consumption. The term shall include stockyards and all other ® operations and facilities necessary, useful or incidental to such abattoir or slaughter house. v 1 2 (b) Adulterated Food - means a food shall be deemed to be adulterated; -if it bears or contains any poisonous or ® deleterious substance which may render it injurious to health; but in case the substance is not an added substance, or if the quantity of such substance in such food does not ordinarily render it injurious to health, such food shall not be considered adulterated under this clause; or -if it bears or contains any added poisonous or added deleterious substance (except a pesticide chemical in or on raw agricultural commodity and except a food additive) which is unsafe within the ® meaning of Section 13, Article 4476 -5 of the Civil Statutes of the State of Texas; or -if it is, or it bears or contains, any food additive which is unsafe within the meaning of Section 13 of Article 4476 -5 of the Civil Statutes of the State of Texas; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 13 of Article 4476 -5 of the Civil Statutes of the State of Texas and such raw agricultural ® commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding 2 the provisions of said Section 13 and this clause, not to be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to ® the extent possible in good manufacturing practice, and the concentration of such residue in the processed food, when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity; or -if it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for foods; 3 or -if it has been produced, prepared, packed or held ® under unsanitary conditions whereby it may have become contaminated, or whereby it may have been rendered injurious to health; or -if it is the product of a diseased animal or an animal which has died otherwise than slaughtered, or that has been fed upon the uncooked offal from a slaughterhouse, or -if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or -if any valuable constituent has been in whole or ® in part omitted or abstracted therefrom; or -if any substance has been substituted wholly or in part for any valuable constituent; 3 masticatory substances; or -if it bears or contains a coal -tar color other 4 -if damage or inferiority has been concealed in any manner; or -if any substance has been added thereto or mixed ® or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or -if it contains saccharin, dulcin, glucin, or other sugar substitutes except in dietary foods, and when so used shall be declared; or -if it is fresh meat and it contains any chemical substance containing sulphites, sulphur dioxide, or any other chemical preservative which is not approved by the United States Bureau of Animal Industry or.the State Commissioner of Health; or -if if is confectionery and it bears or contains any alcohol or non - nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four- tenths of one per centum, harmless natural gum, and pectin; provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one -half of one per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason ® of its containing harmless non - nutritive masticatory substances; or -if it bears or contains a coal -tar color other 4 40 than one certified under authority of the Federal Act. 5 (c) Approved - means acceptable to the regulatory ® authority based on his /her determination as to conformance with appropriate standards and good public health practice. (d) Caterer - means a food establishment where food is completely or partially prepared for delivery to a single customer where it is meant to be served and consumed. (e) Closed - means without openings large enough for the entrance of insects or other vermin. (f) Domestic Game Birds - means birds normally considered game birds, such as ducks or quail, that have been raised as a domesticated bird; (g) Farm Produce - means and includes vegetables, fruits, nuts, berries, watermelons and cantaloupes in their natural state, but shall not include foods or food stuffs processed or manufactured from such named items. (h) Filth - means dust, dirt, insect excretions or secretions, insect body parts, rodent hairs or excretions, feathers, or any foreign or injurious contamination. ® (i) Garbage - means every accumulation of animal, vegetable and other waste matter that attends the preparation, handling, consumption, fish and 5 seafood, birds, fruit, vegetable or dairy products and the waste wrappers or containers. (j) Health Authority - means the legally appointed Health Officer or Director of the Baytown Health Department or his authorized representative. (k) Itinerant Food Establishment - means a food establishment operating for a temporary period of time in connection with a fair, carnival, circus, public exhibition, or other similar gathering. (1) Livestock - means cattle, sheep, swine, goats, or any such animals offered for human consumption. (m) Meat - means the carcass or any portion of the carcass of any cattle, sheep, swine, goats or domestic rabbits. (n) Meat Food Product - means any product which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats, domestic rabbit, and excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which have been exempted from such definition by the United States Secretary of Agriculture of the Texas ® Commissioner of Health. (o) Misbranded - means the presence of any written, ® printed, or graphic matter upon or accompanying food, or containers of food, including signs or ® placards displayed in relation to such products, which is false or misleading or which violates any applicable federal, state or local labeling requirements. (p) Peddler - means and includes and shall be construed to mean and include all persons, as well as their agents and employees, who engage in the temporary or transient business in the city of selling or offering for sale any food product, or exhibit the same for the purpose of taking orders for sale thereof, or who sell or offer for sale upon the public streets from any vehicle, conveyance or instrumentality making delivery at the time of sale of such food products and who have no established place of business for the sale and distribution of such food products in the city. (q) Permit - means the document issued by the regulatory authority which authorizes a person to operate a food establishment. (r) Poultry - means any domesticated bird, whether live or dead. (s) Poultry food product - means any poultry carcass, or part thereof; or any product which is made wholly or in part from any poultry carcass or part ® thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry 7 ® ® and which have been exempted from such definition by the United States Secretary of Agriculture of the Texas Commissioner of Health. ® (t) Refuse - means all putrescible and non - putrescible solid and semi -solid wastes, including garbage, rubbish, and ashes. (u) Regulatory authority - means the State's and /or the City of Baytown's Health Department. (v) Rendering Plant - means any establishment at which any animal or parts thereof or the proteins and fats from animals, poultry, fish or any other waste organic material, in whole or in part, is processed for commercial use. The term "rendering plant" ® shall include related industry or other operations and facilities necessary, useful or incidental to such rendering plants. (w) Rubbish - means non - putrescible solid wastes, excluding ashes, consisting of both combustible and non - combustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, crockery, plastics, and similar materials. (x) Wholesome - means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food. ® (y) Wild Game - means deer, bear, boar, elk, or other non - domestic animals. (z) A "new" eating or drinking establishment - means one which is newly erected or constructed at a L*.] given location or it may be such an establishment newly organized or started at an old location which will also include establishments remodeled from ® other construction. Any change in ownership will be considered a new establishment. Sec. 13 -4. Exceptions and affirmative defenses. The requirements for the operation of all food establishments shall be the same, except as noted within this ordinance. Within this ordinance, the health authority may waive certain requirements at his discretion. (a) It is an affirmative defense to prosecution under this Chapter if the defendant is a farmer who peddles, sells, or offers for sale farm produce from door to door, house to house, or building to building farm produce grown or raised by such farmer on his property within the city limits. (b) This Chapter shall not apply to food service at events held for the benefit of charitable organizations or at city sponsored events. Sec. 13 -5. Food from outside of the City. Food from food - service establishments outside the jurisdiction of the Health Authority of the city may be sold within the city if such food - service establishment conforms to the provisions of this article or to substantially equivalent ® provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from responsible authorities in other jurisdiction where such food - service establishments are located. E Sec. 13 -6. Plan approval. When a food - service establishment is constructed or remodeled after the effective date of this code, or when a structure ® existing on such date is converted for use as a food- service establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas, and the location, size and type of fixed equipment and facilities, shall be submitted to the Health Authority for approval before such work is begun. Sec. 13 -7. Restroom facilities. All new construction for Food Service establishments with a dining area shall be required to furnish two restrooms available for use by the public. Sec. 13 -8. Notice of communicable disease. If any manager or person in charge of a food - service establishment has reason to suspect that any employee has contracted any contagious or infectious disease, he shall notify the Health Authority immediately. Sec. 13 -9. Inspected or approved products only. No person shall sell, offer to sell, or expose for sale within the city any meat, meat food product, poultry, poultry food product, or domestic game birds unless state or federally inspected and passed. ® Sec. 13 -10. Uninspected foods. No establishment where food is prepared or sold for human Sconsumption shall have any uninspected meat or wild game products on the premises at any time. 10 Sec. 13 -11. Dairy products. Unpasteurized milk or milk product shall not be allowed for sale within the City of Baytown. ARTICLE II. PERMITS Sec. 13 -12. Application. Any person desiring to operate a food - service establishment shall make written application for a permit on forms provided by the Health Authority. Such application shall include: the applicant's full name, post office address and street address, and whether such applicant is an individual, firm or corporation, and, if a partnership, the name of each the partner, and his address; the location and type of the proposed food - service establishment; and the signature of the applicant or applicants. If the application is a temporary food - service establishment, it shall also include the inclusive dates of the proposed operation. Sec. 13 -13. Inspection of premises. Upon receipt of an application for a permit under this article, the Health Authority shall make an inspection of the food - service establishment to determine compliance with the provisions of this article. Sec. 13 -14. Term of permit. Permits for food - service establishments shall be issued for a ® period not to exceed one year expiring on January 1st of each year. 1-1 11 issued for a period of time not to exceed fourteen (14) days and for a specific location. This permit will not be renewable within 30 days of expiration. Sec. 13 -16. Fees. (a) License fee for all food - service establishments shall be twenty -five dollars ($25.00). Sec. 13 -17. Issuance. When inspection reveals that the applicable requirements of this article have been met, a food- service establishment permit shall be issued to the applicant by the Health Authority. Only a person who complies with the requirement of this article shall be entitled to receive and retain such a permit. Sec. 13 -18. Posting. A valid permit issued under this article shall be conspicuously posted in every food- service establishment. All approved mobile food units shall display a yearly mobile permit ® sticker on rear of vehicle. Sec. 13 -19. Non - transferable. Permits issued under this article shall be non - transferable from one person or place to another person or place. Permits 12 Sec. 13 -14. Term of permit. Permits for food - service establishments shall be issued for a ® period not to exceed one year expiring on January lst of each year. Sec. 13 -15. Term of permit for temporary establishment. Permits for temporary food - service establishment shall be issued for a period of time not to exceed fourteen (14) days and for a specific location. This permit will not be renewable within 30 days of expiration. Sec. 13 -16. Fees. (a) License fee for all food - service establishments shall be twenty -five dollars ($25.00). Sec. 13 -17. Issuance. When inspection reveals that the applicable requirements of this article have been met, a food- service establishment permit shall be issued to the applicant by the Health Authority. Only a person who complies with the requirement of this article shall be entitled to receive and retain such a permit. Sec. 13 -18. Posting. A valid permit issued under this article shall be conspicuously posted in every food- service establishment. All approved mobile food units shall display a yearly mobile permit ® sticker on rear of vehicle. Sec. 13 -19. Non - transferable. Permits issued under this article shall be non - transferable from one person or place to another person or place. Permits 12 will remain the property of the City of Baytown Health Department. ® Sec. 13 -20. Suspension of permit. (a) Permits issued under this article may be suspended by the Health Authority for failure of the holder to comply with the requirements of this Chapter. Whenever a permit holder or operator has failed to comply with any notice issued under provisions of this Chapter, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority by the permit holder. Notwithstanding the other provisions of this Chapter, whenever the Health Authority finds unsanitary or other conditions in the operation of a food - service establishment which in his judgment constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken; and, if deemed necessary, such order shall state that the ® permit is immediately suspended, and all food - service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the 13 Health Authority, shall be afforded a hearing as soon as possible. ® The permit may also be suspended when the rating score of the establishment is less than sixty (60). The establishment shall not re -open until approved by the Health Authority. (b) Any person whose permit has been suspended under this section may, at any time, make application for a reinspection for the purpose of reinstatement. The application shall include a statement signed by the applicant that, in his opinion, the conditions causing suspension of the permit have been corrected. At that time, the Health Authority shall make a reinspection. If the applicant is complying with all the requirements of this Chapter, the permit shall be reinstated. Sec 13 -21. Revocation of permit. (a) For serious or repeated violations of any of the requirements of this article, or for interference with the Health Authority in the performance of his duties, a permit issued under this article may be revoked with no right of reinstatement after an opportunity for a hearing has been provided by the Health Authority. Prior to such action, the Health Authority shall notify ® the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the Health 14 Authority, by the permit holder, within such five (5) day period. A permit may be suspended for cause ® pending its revocation or a hearing relative thereof. (b) The hearings provided for in this section shall be conducted by the city council at a time and place designated by them. Sec. 13 -22. Food preparation area. Food preparation will not be permitted in sinks used for cleaning and sanitizing of utensils and equipment. Sec. 13 -23. Equipment and food tagging. Whenever the Health Authority or his representative shall find any article or piece of equipment or food item to be detrimental to public health, such article shall be tagged or otherwise marked giving notice that the article is not to be used until approved and warning all persons not to remove the tag or dispose of this article in violation of this section. Sec. 13 -24. Manual cleaning and sanitizing. 1. A three (3) compartment sink shall be used in washing, and rinsing, and sanitizing of utensils and equipment is done manually; provided, that existing establishments not having a three (3) compartment sink that can demonstrate an acceptable procedure for washing, rinsing, and sanitizing utensils and equipment ® may be exempted from this requirement by the Health Authority. Sinks shall be large enough to permit the complete immersion of the utensils and equipment and each compartment of the sink shall be supplied with hot and cold potable running water. Suitable equipment 15 shall be made available if washing, rinsing and sanitizing cannot be accomplished by immersion. Three (3) compartment sinks shall be at least 15" long, 15" wide, and 14" deep, or large enough to accommodate any equipment that must be sanitized. This section shall apply to all food establishments regulated by this Chapter. Sec. 13 -25. Garbage and refuse. Garbage containers stored outside the establishment shall be conveniently located and easily accessible to the food establishment. 16 ARTICLE III. ABATTOIRS AND RENDERING PLANTS Sec. 13 -26. Prohibited locations of abattoirs. (a) It shall be unlawful for any person to erect, establish, enlarge or expand an abbatoir or slaughterhouse within the corporate limits of the city within three thousand (3,000) feet of any: 1. Church, 2. Public Park, 3. School, 4. Hospital, 5. College or University, 6. Any dwelling resided in by anyone other than the applicant or employees of such abattoir or slaughterhouse, or 16 7. Food establishment. (b) The measurement of such distance of three thousand ® (3,000) feet shall be in a straight line from the nearest property line of such church, public park, school, hospital, college, university, dwelling or food establishment to the nearest exterior portion of any building, out - building, structure or facility used or useful in connection with such abattoir or slaughterhouse to be erected. No building permit shall be issued by the chief inspector or city engineer for the erection or construction of any such abattoir or slaughterhouse within such three thousand (3,000) foot distance herein before set forth. Sec. 13 -27. Prohibited locations for rendering plants. (a) It shall be unlawful for any person to erect, establish, enlarge or expand a rendering plant within the corporate limits of the city within six hundred (600) feet of any: 1. Church, 2. Public park, 3. School, 4. Hospital, 5. College or University, ® 6. Established eating place, or 7. Any dwelling resided in by anyone other than the applicant or employees of the rendering plant. (b) The measurement of such distance of six hundred (600) feet shall be a straight line from the nearest point on Y 17 the nearest property line of the church, public park, school, hospital, college, university, eating ® establishment, or dwelling to the nearest exterior portion of any building, out- building, or structure or facility used or useful in connection with the rendering plant to be erected. Sec. 13 -28. Livestock not to be kept in slaughterhouse or pens overnight; not to be kept loaded for unreasonable time during dam. It shall be unlawful for any person to suffer any livestock, for the purpose of slaughter, to remain on or near any livestock slaughterhouse or slaughter pen or anywhere else within the city at night between the hours of sunset and sunrise. During the day livestock shall not remain loaded, or otherwise, near any slaughterhouse or slaughter pen longer than is reasonably necessary to place such livestock within the slaughterhouse or slaughter pen. Sec. 13 -29. Soundproofing required. Each slaughterhouse or slaughter pen shall have a soundproof room. All livestock shall be slaughtered in this room, and any and all openings into this room shall be firmly closed during slaughter. Sec. 13 -30. Unecessary noises prohibited. No person shall keep, care for, or handle livestock in or near any slaughterhouse or slaughter pen in such a manner as to create unreasonably loud, disturbing and unnecessary noises. 18 ® Sec. 13 -31. Application. Any person desiring to operate an abbatoir shall make written application for a permit on forms provided by the Health Authority. Such application shall include: the applicant's full name, post office address, street address and whether such applicant is an individual, firm, corporation, and if a partnership, the name of each partner and his address; the location and type of the proposed abattoir; and the signature of the applicant or applicants. If the application is for a temporary abattoir, it shall also include the inclusive dates of the proposed operation. Sec. 13 -32. Fee and term, Fee for an abattoir permit shall be five hundred �I ($500.00) dollars. Permits shall be issued for a period not to exceed one year expiring on January 1st of each year. ARTICLE IV. 19 INSPECTION AND ENFORCEMENT Sec. 13 -33. Inspections. The Health Authority shall inspect each food establishment located within the city, and shall make as many additional inspection and reinspections as are necessary for the enforcement of this article. The ® inspection form shall be posted in a location selected by the Sanitarian. It shall be a violation to remove the inspection form. 19 Sec. 13 -34. Inspection period. An inspection shall be made at least every 6 months. ® Sec. 13 -35. Inspection report form. Inspection forms will be provided by Baytown Health Department. Sec. 13 -36. Enforcement of this article. This article shall be enforced by the Health Authority or his representatives. The Health Authority is authorized, to make all necessary inspections, issue citations, give notice, file applicable charges, and otherwise cooperate in the enforcement hereafter. Sec. 13 -37. Penalty. An offense under this Chapter is a misdemeanor and o hundred 200.00 punishable by a fine not to exceed tw ($ ) dollars. a 20