Ordinance No. 794
.1
ORDINANCE NO. 794
2 AN ORDINANCE OF TffE CITY COUNCIL OF THE CITY OF VERNON, REGULATING
THE TRANSPORTING OR CONVEYING OF FOOD FOR COMMERCIAL PURPOSES IN
3 WHOLESALE FOOD VEHICLES AND PROVIDING FOR THE ISSUANCE OF PERMITS
FOR SAID VEHICLES WITHIN THE CITY OF VERNON.
4
5 THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
6
Section l.Ol. "}t'oodsH shall mean all articles used for
7 food or drink, whether such articles are simple, mixed, or compound.
8
Section l.02. ttHealth Officeru shall mean the City
9 Health Officer of the City of Vernon, or his duly authorized repre-
10 sentative. The duties of the Health Officer are those set forth in
11 the Health and Safety Code of the State of California. Whenever a
12 power is granted to or a duty imposed upon the Health Officer in
13 this Ordinance, the power may be exercised or the duty performed
14 by a duly authorized representative of the Health Officer unless
15 this Ordinance expressly provides otherwise.
16
Section l.03. ttWholesale food vehiclelt shall mean any
17 vehicle from which food, whether in bulk, canned, wrapped, bottled,
18 packaged, or any other form, is sold or kept for sale at wholesale,
19 is distributed to a retailer, or is transported to or from locations
20 within the City of Vernon, but shall not include a vehicle from
21 which food is sold, kept for sale, or transported at retail, or for
221 direct distribution to the consumer.
23
Section 1.04. "Readily perishable foods" shall mean any
24 food or beverage or ingredients consisting in whole or in part of
25 milk, milk products, eggs, meat, fish, poultry, or other food
26 capable of supporting rapid and progressive growth of micro-
27 organisms which can cause food infections or food intoxication.
28 However, products in hermetically-sealed containers processed by
29 heat to prevent spoilage, and dehydrated, dry or powdered products
30 so low in moisture content as to preclude development of micro-
31 organisms are excluded from the terms of this definition.
32
Section l.05. "Persontf means and includes any individual
1.
.1 I or his heirs, agents, or assigns, any company, firm, corporation,
2 association, business trust, joint venture, or group or combination
3 and acting as a unit, or any employee, officer, or any other kind
4 of representative of any thereof, acting either under personal
5 . appointment or pursuant to law.
6
Section 2.0l. No person shall carry, transport, or
7 convey any food for commercial purposes unless such food is pro-
8 tected from all contamination. The doors to the food compartment
9 of all wholesale food vehicles shall be kept tightly closed at
10 all times except when actually loading or unloading food. All
I
11 I unpackaged food shall be contained, suspended, or handled so that
12 it does not come into actual contact with the floor of the vehicle.
13
Section 2.02. The compartments in which food is carried
14 on wholesale food vehicles shall be enclosed and the exterior
15 doors and windows shall be tightly fitted to prevent the entrance
161 of dust, dirt, or insects. No food shall be carried in the driver's
17 or passenger's compartment of any wholesale food vehicle.
18i
Section 2.03. The interior floor, sides, and top of the
19 food compartment shall be tight and free from cracks, seams, or
20 linings where vermin may harbor and shall be constructed of a
21 smooth, washable, impervious material capable of withstanding
22 frequent cleaning with acceptable sanitizing agents, including
23 steam. Slide rails, hooks, shelves, racks, and similar equipment
24 shall be constructed of metal and be so installed as to be readily
25 accessible or easily removable for cleaning. Vehicles shall be
. I
261 so constructed that no liquid wastes from the food compartment can
27 drain onto any street, sidewalk, or premises, except for clear
28 water.
29
Section 2.04. Vehicles in which readily perishable foods
30 are stored or transported shall be designed or equipped so as to
31 maintain such food at a temperature above 1400 F. or below 500 F.
32 If frozen foods are carried, the food temperature shall be maintaine
2.
.1 below 50 F.
2
Section 2.05. All vehicle food compartments shall be
3 maintained clean, sanitary, and in good repair.
4
Section 2.06. Wholesale food vehicles shall not be
5 i, required to comply with the reqtirements of Sections 2.01, 2.02, and
I'
61 2.03 of this Ordinance, when only the following is carried:
7
(a) Foods or beverages which are at all times, while
af on such vehicle, thoroughly enclosed and protected in
9 hermetically-sealed cans or bottles not requiring refrigera-
10 tion for preservation.
11
12
(b) Fresh, raw, unprocessed fruits or vegetables.
(c) Fresh or frozen fish; provided however, that
13 delivery shall be confined to whole unbroken boxes or lots.
14 The fish shall be delivered within three (3) hours after
15 being loaded, in containers completely covered with ice.
16 A clean canvas or tarpaulin shall cover all containers while
17 in transit. The vehicle shall be provided with a sloping
18
19
20
metal floor turned up on all sides and draining to a tank or
container, so as to prevent the spilling, draining, or dumping
of any waste liquids from said fish-truck on any street,
211
221
23
sidewalk, or premises.
Section 3.0l. No person shall deliver or transport food
in a wholesale food vehicle in the City of Vernon without first
24 obtaining a permit from the Health Officer. Said permit shall be
25 issued for a period not exceeding twelve (12) months and shall
26 expire on June 30th of each succeeding year. Every person operating
27 any wholesale food vehicle in the City of Vernon shall obtain a
28 permit for each such vehicle and pay an annual permit fee of five
29 dollars ($5.00). No permit shall be issued for any wholesale food
30 vehicle in the City of Vernon until the Health Officer has in-
31 spected and approved the vehicle for such use.
32
Section 3.02. Wholesale food vehicles which conform to
3.
il
.1 the requirements of this Ordinance, which have been inspected and
2 approved by the Health Officer and for which the required permit
3 fee has been paid, shall be provided with an identifying decal
4 which shall be affixed to the left side of the rear bumper or other
5 clearly visible area on the lower left rear portion of the vehicle.
II
6 Section 3.03. Wholesale food vehicles which originate
7 outside the jurisdiction of the Health Department, City of Vernon,
8 which are inspected by a local health department and bear an
9 identification that the vehicle has been currently inspected by
10 the local health department are hereby exempted from obtaining a
11 health permit under this Ordinance.
12
Section 3.04. Private individuals transporting food for
13 personal use are exempted from the provisions of this Ordinance.
14
Section 4.0l. No person shall refuse, resist, or attempt
15 to resist the entrance of the Health Officer into any railway car,
16 stage, vehicle, building, room, lot or other place or portion
17 thereof in the City of Vernon in the performance of his duty or
181 shall refuse to obey any lawful order of the Health Officer made
19 in the performance of his duties within the power conferred upon
20 him by state law or by this Ordinance.
21 Section 4.02. If any article, section, subsection,
22 sentence, clause, phrase, or portion of this Ordinance is for any
23 reason held to be invalid or unconstitutional by the decision of
24 any court of competent jurisdiction, such decision shall not affect
25 the validity of the remaining portion or portions of this Ordinance.
26 Sectio n 4.03. In this Ordinance, the present tense
27 includes the past and future tenses and the future tense includes
28 the present; the masculine gender includes the feminine and neuter;
29 the singular number includes the plural and the plural number
30 includes the singular.
31 Section 4.04. The provisions of this Ordinance insofar
32 as they are substantially the same as existing ordinance provisions
I
I
4.
I
I
.11 relating to the same subject matter shall be construed as restate-
2 ments and continuations and not as new enactment.
3
Section 4.05. All other ordinances, resolutions, rules
4 or regulations of the City of Vernon in conflict with this Ordinance
5i or any portion thereof which may be in conflict with this Ordinance
6 are hereby repealed.
7
Section 4.06. Violation of this Ordinance is punishable
8 by a fine of not more than five hundred dollars ($500) or by
9 imprisonment in the County jail for not more than six (6) months
10 or by both such fine and imprisonment. Each day during any portion
11 of which any violation of any provisions of this Ordinance is
12 committed, continued, or permitted makes such violation a separate
13 offense.
141
Section 4.07. Every violation of this Ordinance is
15 hereby declared to be a public nuisance.
16
Section 4.08. There being no newspaper printed, published
17 and circulated in the City of Vernon, the City Clerk is hereby
18 directed to certify to the passage of this Ordinance and shall
19 post the same, or cause the same to be posted, in three of the most
201 public places in the City of Vernon, to wit: The northwest corner
21 of 38th street and Santa Fe Avenue; the northeast corner of Leonis
22 Boulevard and Pacific Boulevard; and on the bulletin board in the
23 lobby of the City Hall of said City, located at 4305 Santa Fe
24 Avenue, all in the City of Vernon, County of Los Angeles, California
25 That this Ordinance shall be in full force and effect thirty (30)
26 days from and after the final passage of the same.
27
28 1968.
29
30
31 A:~:
32. d ~~
I F. A. Ziemer, City Clerk
ADOPTED and APPROVED this
7th
day of
May
5.
II
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.11 STATE OF CALIFORNIA )
)
2 COUNTY OF LOS ANGELES ) SSe
)
;; CITY OF VERNON )
4
5 , I, F. A. ZIEMER, City Clerk of the City of Vernon, do
6 hereby certify that the foregoing Ordinance No. 794 was duly
7 and regularly introduced at a regular meeting of the City Council
8 of the City of Vernon, held on April 16
, 1968, and
9 thereafter finally adopted at a regular meeting of the City Council,
10 held on
May 7
, 1968, by the following vote:
11 AYES: Councilmen Anderson, Furlong, Mai11iard, Malburg,
Ybarra
12 NOES: Councilmen None
13 ABSENT: Councilmen None
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'vV.I\...)
F. ~er. City
Clerk
~51
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30 II
3111
3211
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AFFIDAVIT OF POSTING
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STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES) ss.
)
CITY OF VERNON )
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that I did, on the 8th day of May, 1968, post
three (3) copies of Ordinance No. 794, one in each of the
10 following places, to wit: at the Northwest corner of 38th
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Street and Santa Fe Avenue; at the Northeast corner of Leonis
Boulevard and Pacific Boulevard; and on the bulletin board in
the lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue in said City, there being no newspaper of general
circulation printed and published in the City of Vernon.
Signed this 8th day of May, 1968.
~
F. A. Ziemer, City Clerk
Subscribed and sworn to before me
this 8th day of May, 1968
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Notary Public in and for the County
of Los Angeles, State of California
L R. BURCH
My ComlTl',,;.ion E'pires Mar. 24, lIllC;i;:l
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PRINCIPAL OFFICE IN
i LOS ANGELES COUNTY .
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SUPPORTING
DOCUMENTS
CITY OF VERNON
PROPOSED ORDINANCE
WHOLESALE FOOD VEHICLES
3/29/68
Section 1.01. "Foods" shall mean all articles used for food or
drink, whether such articles are simple, mixed, or compound.
Section 1. 02. "Health Officer" shall mean the City Health Officer
of the City of Vernon or his duly authorized representative. The
duties of the Health Officer are those set forth in the Health and
Safety Code of the State of California. Whenever a power is granted
to or a duty imposed upon the Health Officer in this ordinance, the
power may be exercised or the duty performed by a duly authorized
representative of the He91th Officer unless this ordinance expressly
provides otherwise.
,:;
Section 1.03. "Wholesale food vehicle" shall mean any vehicle from
which food, whether in bulk, canned, wrapped, bottled, packaged, or
( ,
any other form, is sold or kept for sale at wholesale, is distributed
to a retailer, or is transported to or from locations within the
City of Vernon, but shall not include a vehicle from which food is
sold, kept for sale, or transported at retail, or for direct
distribution to the consumer.
Section 1.04. "Readily perishable foods" shall mean any food or
beverage or ingredients consisting in whole or in part of milk,
milk products, eggs, meat, fish, poultry, or other food capable of
supporting rapid and progressive growth of microorganisms which can
cause food infections or food intoxication. However, products in
hermetically-sealed containers processed by heat to prevent spoilage,
and dehydrated, dry or powdered products so low in moisture content
as to preclude development of microorganisms are excluded from the
terms of this definition.
-1-
Section 1. 05. "Person" means and includes any individual or his
heirs, agents, or assigns, any company, firm, corporation, associa-
(1
tion, business trust, joint venture, or group or combination and
acting as a unit, or any employee, officer, or any other kind of
representative of any thereof, acting either under personal appoint-
(;J
ment or pursuant to law.
Section 2.01. No person shall carry, transport, or convey any food
for commercial purposes unless such food is protected from all
contamination. The doors to the food compartment of all wholesale
food vehicles. shall be kept tightly closed at all times except when
"
actually loading or unloading food. All unpackaged food shall be
contained, suspended, or handled so that it does not come into
actual contact with the floor of the vehicle.
Section 2.02. The compartments in which food is carried on wholesale
food vehicles shall be enclosed and the exterior doors and windows
shall be tightly fitted to prevent the entrance of dust, dirt, or
insects. No food shall be carried in the driver's o~ passenger's
compartment of any wholesale food vehicle.
Section 2.03. The interior floor, sides, and top of the food
compartment shall be tight and free from cracks, seams, or linings
where vermin may harbor and shall be constructed of a smooth,
washable, impervious material capable of withstanding frequent
cleaning with acceptable sanitizing agents, including steam. Slide
rails, hooks, shelves, racks, and similar equipment shall be
constructed of metal and be so installed as to be readily accessible
or easily removable for cleaning. Vehicles shall be so constructed
that no liquid wastes from the food compartment can drain onto any
street, sidewalk, or premises.
Section 2.04. Vehicles in which readily perishable foods are stored
or transported shall be designed or equipped so as to maintain such
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o 0
food at a temperature above 140 F. or below 50 F. If frozen foods
are carried, the food temperature shall be maintained below 50 F.
Section 2.05. All vehicle food compartments shall be maintained
clean, sanitary, and in good repair.
Section 2.06. Wholesale food vehicles shall not be required to
comply with the requirements of Sections 2.01, 2.02, and 2.03 of this
ordinance, when only the following is carried:
(a) Foods or beverages which are at all times, while
on such vehicle, thoroughly enclosed and protected
in hermetically-sealed cans or bottles not requiring
refrigeration for preservation.
(b) Fresh, raw, unprocessed fruits or vegetables.
(c) Fresh or .frozen fish; provided however, that delivery
shall be confined to whole unbroken boxes or lots.
The fish shall be delivered within three (3) hours
after being loaded, in containers comple~e1y covered
with ice. A clean canvas or tarpaulin shall cover
all containers while in transit. The vehicle shall
be provided with a sloping metal floor turned up on
all sides and draining to a tank or container, so as
to prevent the spilling, draining, or dumping of any
waste liquids from said fish-truck on any street,
sidewalk, or premises.
Section 2.07. Upon each side of all wholesale food vehicles,
there shall be printed or affixed in permanent, plain, legible
letters and numbers at least three (3) inches high, appropriate
words designating the type of business, the name of the operator
or trade name, and the address of the operator or establishment.
Section 3.01. No person shall deliver or transport food in a
-3-
wholesale food vehicle in the City of Vernon without first obtaining
a permit from the Health Officer. Said permit shall be issued for
a period not exceeding twelve (12) months and shall expire on
June 30th of each succeeding year. Every person operating any
wholesale food vehicle in the City of Vernon shall obtain a permit
for each such vehicle and pay an annual permit fee of five dollars
($5.00). No permit shall be issued for any wholesale food vehicle
in the City of. Vernon until the Health Officer has inspected and
approved the vehicle for such use.
Section 3.02. Wholesale food vehicles which conform to the require-
ments of this ordinance, which have been inspected and approved by
the Health Officer .and for which the required permit fee has been
paid, shall be provided with an identifying decal which shall be
affixed to the left side of the rear bumper or other clearly visible
area on the lower left rear portion of the vehicle.
Section 3.03. Wholesale food vehicles which originate outside the
jurisdiction of the Health Department, City of Vernon., which are
inspected by the local health department and bear an identification
that the vehicle is under inspection by the local health department
are hereby exempted from obtaining a health permit under this ordinance.
Section 3.04. Private individuals transporting food for personal
use are exempted from the provisions of this ordinance.
Section 4.01. No person shall refuse, resist, or attempt to resist
the entrance of the Health Officer into any railway car, stage,
vehicle, building, room, lot or other place or portion thereof in
the City of Vernon in the performance of his duty or shall refuse
to obey any lawful order of the Health Officer made in the perform-
ance of his duties within the power conferred upon him by State law
or by this ordinance.
Section 4.02. Constitutionality. (City Attorney to write this
section.)
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Section 4.03. In this ordinance, the present tense includes the
past and future tenses and the future tense includes the present;
the masculine gender includes the feminine and neuter; the singular
number includes the plural and the plural number includes the
singular.
Section 4.04. The provisions of this ordinance insofar as they are
substantially the same as existing ordinance prov~sions relating
to the same subject matter shall be construed as testatements and
continuations and'not as new enactment.
Section 4.05. ApPT~cabi1ity of other ordinance~, (City Attorney
to write this sect~~n.)
Section 4.06. Violation of this ordinance is punishable by a fine
of not more than ~ive hundred dollars ($500) or by imprisonment in
the County jail for not more than six (6) months or by both such
fine and imprisonment. Each day during any portion of which any
violation of any privisions of this ordinance is committed,
continued, or permitted makes such violation a separate offense.
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