Ordinance No. 805
,1 ORDINANCr~ NO. 805
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 01' VEHNON, HEC1UIRING
THE ISSUANCE OF HEALTH P:i:<:RMITS FOR SPECIFIED BUS INESSES J',ND
3 VEHICLl';S, liND SETTING FORTH RULES AND REGULATIONS PERTA INING TO
THE SAME.
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5 THE CITY COUNCIL OF THE CITY OF' VlmNON DOES ORDAIN AS :FOLLOViS:
6 PART I - DEFINITIONS
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Section 1.01. "Ca terer", for the purpose of this
8 Ordinance, means a person, firm, or corporation who operates a
9 restaurant or food catering business which is located outside the
10 confines of the City of Vernon and who transports food to a
11 location or locations within the City limits of the City of Vernon
12 on an occasional and temporary basis to provide said food for a
13 special function, occasion, or event.
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Section 1.02. nCesspool and Sump Pumping Vehicle" means
15 any vehicle used in whole or in part for the transporation of the
16 cleanings from septic tanks, cesspools, chemical toilets, sewage
17 seepage pits, sewage clarifiers, sumps and similar sewage inter-
18 ceptors within the City of Vernon.
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Section 1.03. " Food" , as used in this Ordinance, means
20 all articles used for food, drink, confection, or condiment, for
21 human consumption, or consumption by any animal which is main-
~2 tained in the home as a pet, whether simple or compound, and all
23 substances and ingredients used in the preparation thereof.
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Section 1.04. "Food Processing Establishmenttt, as used
25 in this Ordinance, shall mean any room, building or place or
26 portion thereof, maintained, used or operated for the purpose of
27 commercially packaging, making, cooking, baking, mixing, process-
28 ing, bottling, canning, packing, slaughtering, salvaging or
29 otherwise preparing or handling food, including ice for human
30 consumption; except restaurants, retail food production and
51 marketing establishments, and food warehouses.
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Section l.05. ltFood Vending Machinett shall mean any
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,1 self-service device offered for public use which, upon the
2 insertion of coins or tokens or by other means, dispenses unit
3 servings of food or beverage either in bulk, cups, or in packages
4 without the necessity of replenishing the device between each vend-
5 ing operation. For the purpose of this Ordinance, however, food
6 vending machine shall not include vending machines which dispense,
7 exclusively, bottled or canned beverages, gum, candy, or other
8 non-potentially hazardous food when it is determined by the
9 Health Officer that such vending machines do not require routine
10 inspection for the protection of the public hoalth.
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Section 1.06. "Food Vending Machine Businesslt means
12 any person, firm, or corporation who installs,maintains, and
13 replenishes one or more food vending machines at one or more
14 locations within the City of Vernon.
15
Section 1.07. "Food W'arehousett means any place, build-
16 ing, structtire or room or portion thereof, other than where food
17 is bottled, canned, or processed, where food is commercially
18 stored or held for transfer.
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Section l.08. IlHealth Departmenttt or ttDepartmentU shall
20 mean the Ci ty of Vernon Department of Public Heal tho
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Section 1.09. ItEeal th Officerft shall mean the C1 ty
22 Health Officer of the City of Vernon, or his duly authorized
23 representative. The duties of the Health Officer are those set
24 forth in the Health and Safety Code of the State of California.
25 Whenever a power is granted to or a duty imposed upon the Health
26 Officer in this Ordinance, the power may be exercised or the
27 duty performed by a duly authorized representative of the Health
28 Officer, unless this Ordinance expressly provides otherwise.
Section 1.10. I'Loca tion", for the purpose of thi:"
30 Ordinance, means a building; a group of contiguous or adjacent
31 buildings occupied by a single company; or, a single parcel of
32 unimproved property.
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Section 1.11. \lOffal Vehicle" means any vehicle used in
2 whole or in part for the transportation of offal, tankage, blood,
3 feathers, bones, hides, pelts, and similar animal, fish or fowl
4 by-products to or from locations within the City of Vernon.
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Section 1.12. "Person" means and includes any individual
6 or his heirs, agents, or assigns; any company, firm, corporation,
7 association, business, trust, joint venture, or group or com-
8 bination and acting as a unit; or, any employee, officer, or any
9 other kind of representative of any thereof acting either under
10 personal appointment or pursuant to law.
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Section 1.13. 11 Potentia lly IXazardous I'oodtt means any
12 food which consists in whole or in part of milk or milk products,
13 eggs, meat, poultry, fish, shellfish, or other ingredients capable
14 of supporting rapid and progressive growth of infectious or
15 toxicogenic microorganisms. Food which has been processed and
16 packaged so as to prevent the growth of pathogenic microorganisms
17 is excluded from the terms of this definition.
18
Section 1.14. It pri va te F1,ubbish Disposa 1 'Vehiclet! means
19 any vehicle used in whole or in part to convey combustible or
20 non-combustible solid waste to a sanitary landfill, dump, transfer
21 station, incinerator, or for ocean disposal from a location or
22 locations in the City of Vernon. ttprivate Rubbish Disposal
23 Vehicle" shall not include a vehicle used by a person to convey
24 solid waste from a business owned or operated by him and located in
25 the City of Vernon or a vehicle used by a private individual to
26 convey solid waste from his home to a disposal site, or a vehicle
27 used by a governmental entity.
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Section 1.15. ttRendering Planttt means an establishment
29 where one or more of the following items is cooked, melted down,
30 extracted, clarified, or otherwise processed to produce oil,
51 tallow, grease, fertilizer, or animal feed; carcasses of animals
32 or fowl, dead animals or fowl, fish, blood, offal, bones, meat,
animal or vegetable fat, feathers, food scraps or waste, and
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,1 other animal, fowl, or fish by-products. ItRendering Plant" shall
2 not include an establishment exclusively producing fats, oils, lar ,
3 or similar products for human consumption; nor, a rendering process
4 in connection with and incidental to a slaughterhouse, abattoir,
5 packing plant or similar establishment producing food for human
6 consumption.
7 Section 1.16. ll.l{estaurantlt means any coffee shop,
8 cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge,
9 sandwich stand, soda fountain, in-plant or employee eating estab-
10 lishment, and any other eating establishment, organization, club,
11 boarding house, guest house which gives, sells, or offers for sale,
12 food to the public, guests, patrons, or employees as well as
13 kitchens in which food is prepared on the premises for serving
14 elsewhere, including catering functions. The term ftrestaurant"
15 shall not include vending machines, retail or wholesale food
16 vehicles, food processing establishments, food warehouses, retail
17 food markets, private homes, private clubs, churches, or coopera-
18 tive arrangements by employees who purchase food or beverages for
19 their own consumption and where no employee is assigned full-time
20 to care for or operate the equipment used in such an arrangement.
21 Section 1.17. "Hetail Food Delivery VehicleH means any
~2 vehicle upon which any food is delivered at retail to the ultimate
23 consumer either on a routine or special basis, by previous order,
24 indiscriminately or by fixed route or preconceived schedule within
25 the City of Vernon. ttHetail rood Delivery Vehicle" shall not
26 include a vehicle used by any retail grocery firm delivering
27 groceries ordered by its retail customers.
28 Section 1.18. URetail Food Preparation Vehicleu means
2"9 any vehicle upon which unpackaged food is cooked or prepared,
30 processed, wrapped, handled, packaged, or portioned for service,
31 sale or distribution at retail or given away to the public in
32 the Ci ty of Vernon.
4.
.1 Section l.l9o ttReta il :Food Production and Marketing
2 Establishmenttt, as used in this Ordinance, means any room, build-
3 ing or place or portion thereof, maintained, used or operated
4 for the processing or retail sale of food; except restaurants,
5 bakeries, or wholesale food manufacturing, distributing, storage
6 establishments, and locker plants.
7 Section 1.20. llHetail Fruit and vegetable Vehiclelt
8 means any vehicle upon which only fresh, uncooked, unprocessed
9 fruits or vegetables are displayed, sold, or offered for sale at
10 retail, or given away to the public in the City of Vernon.
11 Section 1.21. "Retail Packaged Food Vehiclelt means any
12 vehicle upon which only ready-to-eat prepackaged food or bulk
13 beverage in approved dispensers are displayed, sold, or offered
14 for sale at retail, or given away to the public in the City of
15 Vernon, including but not limited to wrapped sandwiches, wrapped
16 pastries, bottled and canned beverages, wrapped candy, packaged
17 dinners, packaged ice-cream, and other similar foods.
18 Section 1.22. HHubbish Disposal Business" means any
19 person, firm or corporation who engages in the business of
20 operating one or more private rubbish disposal vehicles.
21 Section 1.23. llSolid Wastetf means all those materials
22 which are solid or semi-solid and which the possessor no longer
23 considers of sufficient value to retain, such as refuse, garbage,
24 rubbish, and trash. For the purposes of this Ordinance, solid
25 waste does not include waste produced as an industrial by-product
26 which is intended to be reused or reprocessed for further use.
27 Section 1.24. ltWater Supply utilitylt means a water
28 distribution system furnishing or supplying water to five or
29 more places of human habitation or occupancy in the City of
30 Vernon where said places are served by an integrated pipe system
31 owned or operated by the supplier, but shall not mean any water
32 distribution system owned and operated by any governmental entity.
5.
,1 PART I I - HEALTH PERMITS
2 Section 2.01. It shall be unlawful for any person or
3 other legal entity to operate, within the City of Vernon, any
4 of the following businesses or vehicles without first applying
5 for and receiving a health permit for such business or vehicle
6 from the Health Department. Such health permit shall be in
7 addition to any other license or permit required by the City of
8 Vernon, or by any other public jurisdiction.
9 (a) Caterer
10 (b) Cesspool & Sump Pump Vehicle
11 (c) Food Processing Establishment
12 (d) Food Vending Machine Business
13 (e) Food Warehouse
14 (f) Offal Vehicle
15 (g) Rendering Plant
16 (h) Restaurant
17 (i) Retail Food Delivery Vehicle
18 (j) Retail Food Preparation Vehicle
19 (k) Retail Food Production & Marketing Establishment
20 (1) Retail Fruit & Vegetable Vehicle
21 (m) Retail Packaged Food Vehicle
~2 (n) Rubbish Disposal Business
23 (0) Water Supply Utility
24 Section 2.02. The City Council of the City of Vernon
25 shall establish by resolution health permit inspection fees for
26 the various types of businesses and vehicles which require a
27 j health permit as specified in Section 2.01 of this Ordinance.
28 Section 2.03. If a person shall engage in, conduct,
29 manage or carryon at the same time more than one of the activitie
30 for which a health permit is required by this Ordinance, he shall
31 be deemed to be engaging in, conducting, managing, or carrying on
32 each such activity separately and apart from the other such
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,1 activity, whether located on the same premises or not, except in
2 those cases specifically mentioned in this Ordinance.
3 Section 2.04. Every person applying for a health
4 permit shall file, on a form prescribed by the Health Department,
5 a written application which shall set forth the name and address
6 of the applicant, the location and character of the business, and
7 such other information as the Health Officer may require. Every
8 applicant for a permit shall pay to the City Clerk the inspection
9 fee as established by Section 2.02 of this Ordinance at the time
10 of making such application.
11 Section 2.05. Upon the filing of an application for a
12 health permit and the payment of the required fee, it shall be
13 the duty of the Health Officer to investigate the information
14 contained in the application and the sanitary condition in and
15 about the establishment, place of business, vehicle, or food
16 vending machine to determine whether or not such business, vehicle,
17 or machine conforms to applicable requirements of local ordinances,
18 the california Health and Safety Code, state statutes, and rules
19 or regulations promulgated thereunder. The Health Officer shall
20 grant the permit if the business, vehicle, or machine is being
21 operated in a sanitary manner and does conform with such laws
~2 and rules and regulations; otherwise, he shall deny such applica-
23 tion. The Health Officer shall send, deliver, or give written
24 notice of such grant or denial to the applicant within five (5)
25 days following such grant or denial. A permit for which
26 I application is made pursuant to this Ordinance may be granted at
27 any time during the year.
28 Section 2.06. The first health permit issued for any
29 newly established business or vehicle which is subject to an
30 annual health permit inspection fee shall be ascertained and paid
31 in the following manner: At the time of filing of an application
32 for such health permit, applicant shall pay the inspection fee
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,1 prorated upon the basis of the calendar quarters or fractions
2 thereof remaining in the current year.
3 Section 2.07. No person shall make any false, mis-
4 leading, or fraudulent statement or misrepresent any facts in
5 any application for a health permit required to be filed with
6 the Health Officer of this City. In addition to any other
7 penalties provided by this Ordinance, such conduct shall be
8 grounds for suspending or revoking any permit issued to such
9 person.
10 Section 2.08. A health permit issued pursuant to this
11 Ordinance shall expire on the 31st day of December of the year
12 for which it is issued and each such permit shall be renewed
13 annually. Application for the renewal shall be made to the
14 Health Officer. At the time application is made, there shall be
15 paid to the City Clerk the annual fee established by the City
16 Council. Annual health permit fees are due and payable January
17 1st of each year. The annual fee, if unpaid, is delinquent
18 January 31st at 4:30 p.m. following the date it is due and there-
19 after a penalty shall be imposed in the manner prescribed in
20 Section 2.09.
21 Section 2.09. After receiving written notice from the
22 Health Officer, any person who fails for a period of 30 days to
23 file an application and obtain a health permit required by this
24 Ordinance there shall be added to and collected with the in-
25 spection fee a penalty equal to 10% of the fee or one dollar
26 ($1.00) whichever is the greater and for each additional month
27 or fraction of a month after the expiration of said 30-day period
28 that the applicant fails to file such application and obtain such
29 permit there shall be added to and collected with the inspection
30 fee an additional penalty equal to 10% of the inspection fee;
31 provided, however, in no event shall the total penalty added to
32 the inspection fee pursuant to this section be more than 60% of
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,1 the inspection fee. The imposition or payment of the penalty
2 imposed by this section shall not prevent the imposition of any
3 other penalty prescribed by any local ordinance or a criminal
4 prosecution for violation of this Ordinance.
5 Section 2.10. All health permits for persons engaged
6 in or carrying on a business requiring such a permit shall be
7 on an annual or a daily basis only, and no refunds shall be
8 granted to any such person who terminates his business in the
9 City of Vernon before the expiration date of said health permit.
10 Section 2.11. Upon application, any health permit may
11 be transferred from one person to another, or from one vehicle to
12 another, during the calendar year without the purchase of a new
13 health permit for the unexpired portion of the existing permit
14 provided that all requirements of the Health Department are
15 complied with and a transfer fee of Two Dollars and Fifty Cents
16 ($2.50) is paid to the City Clerk.
17 Section 2.12. The City Clerk shall refund to the
18 health permittee or applicant all monies collected by him because
19 of excess, erroneous, or double payment, or if the health permit
20 is denied by the Health Officer.
21 Section 2.13. The Health Officer may, when he deems
~2 necessary, issue in conjunction with any health permit required
23 by this Ordinance further identification in the form of a license
24 plate, decal, or guwued sticker.
25 Section 2.14. Each health permit required by this
26 Ordinance shall be posted in a conspicuous place in or on the
27 establishment or vehicle for which it is issued.
28 Section 2.15. Persons operating a food vending machine
29 business, subj ect to a heal th permit as required by this Ordinance
30 shall affix upon each food vending machine in a conspicuous place
31 a statement substantially in the following form:
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HThis vending machine is operated by:
(Name of operator.)
(Place of business of operator.)
(Telephone number of operator.)"
Section 2.16. The Health Officer is hereby authorized
to adopt reasonable rules and regulations governing those busi-
nesses and vehicles specified in Section 2.01 of this Ordinance.
Such rules and regulations shall be effective only after approval
by the City Council by its Minute Order. Upon approval such
rules and regulations shall have the same force and effect as
other provisions of this Ordinance.
PART I I I - SUSPENS ION OJ!' rn:<:ALTH PERMIT
Section 3.01. 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 performance of his duties within the power
conferred upon him by state law or by this Ordinance.
Section 3.02. Any health permit issued pursuant to
this Ordinance may be suspended for good cause by the Health
Officer. Good cause, for the purpose of this Ordinance, shall
constitute violations of any of the provisions of local ordinances
or state laws or the regulations promulgated thereunder. Before
a health permit may be suspended, the Health Officer shall issue
and serve upon the permittee a written notice setting forth in
clear and concise language:
(1) The violations with which the permittee is charged;
(2) The date upon which the violations shall be corrected;
(3) That the permittee has the right to a hearing upon
request; and
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(4) That if the violations are not corrected and if no
hearing is requested by the date specified in (2)
above, the permit shall be suspended until all such
violations are corrected.
4 The permittee, upon request, shall have the right to
5 appear at a hearing before the Health Officer or his designated
6 representative to show cause why the permit should not be sus-
7 pended. The Health Officer shall at the conclusion of the ~earing
8 make a written order stating either:
9 (1) That the permit is suspended until the violations are
corrected;
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(2) That the time for correction is extended;
(3) That the violations have been corrected; or
(4) Declaring that there were no violations.
Section 3.03. At any time within 30 days after a permit
15 has been suspended, the permittee may appeal the action of the
16 Health Officer. The appeal agency, for this Ordinance, shall be
17 the City Council of the City of Vernon. A failure to appeal
18 within 30 days shall be deemed a waiver of the right to appeal.
19 PART IV - MISCELLANEOUS
20
Section 4.01. If any article, section, subsection,
21 sentence, clause, phrase, or portion of this Ordinance is for
22 any reason held to be invalid or unconstitutional by the decision
23 of any court of competent jurisdiction, such decision shall not
24 affect the validity of the remaining portion or portions of this
25 Ordinance.
26
Section 4.02. 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
29 neuter; the singular number includes the plural and the plural
30 number includes the singular.
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Section 4.03. The provisions of this Ordinance insofar
32 as they are substantially the same as existing ordinance provision
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.1 relating to the same subject matter shall be construed as
2 restatements and continuations and not as new enactment.
3
Section 4.04. All other ordinances, resolutions, rules
4 or regulations of the City of Vernon in conflict with this Ordin-
5 ance or any portion thereof which may be in conflict with this
6 Ordinance are hereby repealed.
7 PART V - VIOLATIONS
8
Section 5.01. Violation of this Ordinance is punishable
9 by a fine of not more than Five Hundred Dollars ($500.00) or by
10 imprisonment in the County jail for not more than six (6) months,
11 or by both such fine and imprisonment as the committing magistrate
12 may direct. Each day during any portion of which any violation
13 of of any provisions of this Ordinance is committed, continued,
14 or permitted makes such violation a separate offense.
15
Section 5.02. Every violation of this Ordinance is
16 hereby declared to be a public nuisance.
17 PART VI - EFFECTIVE DATE
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Section 6.01. This Ordinance shall take effect for all
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19 purposes on the First day of January, 1970.
Section 6.02. There being no newspaper printed, pub-
21 lished, and circulated in the City of Vernon, the City Clerk is
22 hereby directed to certify to the passage of this Ordinance and
23 shall post the same, or cause the same to be posted, in three of
24 the most public places in the City of Vernon, to wit: The north-
25 west corner of 38th street and Santa Fe Avenue; the northeast
26 corner of Leonis Boulevard and Pacific Boulevard; and on the
27 bulletin board in the lobby of the City Hall of said City, located
28 at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los
29 Angeles, California.
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ADOPTED and APPROVED this 18th
da y 0 f November
1969.
Am~.
(a..-1.-~-'L)
. . 1emer, C1ty
Cler.k.
12.
1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
3
4 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
51 hereby certify that the foregoing Ordinance, being Ordinance No.
6 805
, was duly and regularly introduced at a regular meeting
7 of the City Council of the City of Vernon, held on November 4,
8
1969
, and thereafter finally adopted at a regular meeting
, by the
9 of said Ci ty Council held on November 18, 1969
10 following vote:
11 AYES: Councilmen: Anderson, Furlong, Mai11iard, Malburg,
Ybarra
12 NOES: Councilmen: None
13 ABSENT: Councilmen: None
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~ City
Clerk
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31 STATE OF CALIFORNIA )
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4 COUNTY OF LOS ANGELES ) ss.
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5 CITY OF VERNON )
AFFIDAVIT OF' POSTING
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that I did, on the
19th
day of
November
19~, post three (3) copies of
Ordinance No. 805
, one in each of the following
11 places, to wit: At the northwest corner of 38th Street and Santa
12 Fe Avenue, at the northeast corner of Leonis BoulEivard and Pacific
13 Boulevard, and on the bulletin board in the lobby of the City Hall
14 of the City of Vernon, located at 4305 Santa Fe Avenue, all in
15 said City, there being no newspaper of general circulation printed
16 and published in the City of Vernon.
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Signed this 19th
, 19 69
day of November
~ City Clerk
22 Subscribed and sworn to before me
23 this / 'f
day 0 f J;tt~-(~,<.L--t'~" 19! f .
25 1C 1n an
Angeles, State of
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