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HomeMy WebLinkAbout1134 ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE V OF THE ARCADIA MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 6 ADOPTING BY REFERENCE ORDINANCE NO. 7583 OF THE COUNTY OF LOS ANGELES ENTITLED "AN ORDINANCE ADOPTING A HEALTH CODE", AS AMENDED, AND MAKING AMENDMENTS AND ADDITIONS TO AND DELETING PORTIONS OF SAID HEALTH CODE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Article V of the Arcadia Municipal Code is hereby amended by adding thereto a new Chapter 6, the same to read as follows: ARTICLE V. SANITATION AND HEALTH. CHAPTER 6. HEALTH CODE. 5600. LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The Health Code of the County of Los Angeles, being Ordinance No. 7583, as amended by Ordinances Nos. 7616 and 7674, adopted by the Board of Supervisors of the County of Los Angeles on August 25, 1959, September 29, 1959, and December 8, 1959, respectively, hereby is adopted and by this reference made a part of this Arcadia Municipal Code with the same force and effect as though set out herein in fUll. Three (3) copies of said "Health Code" are' on file and open to public inspection in the office of the City Clerk. 5601. SAME. RULES OF INTERPRETATION. The rules set forth in the following subsections shall govern the interpretation of said Health Code. 5601.1. SAME. SAME. Whenever the term "County" or "County of Los Angeles" or any abbreviation thereof in said Health Code refers to the area to which said Health Code shall apply, such word or words shall be interpreted and deemed to mean "City". -1- 1134 5601.2. SAME. SAME. Whenever the term "County" or "County of Los Angeles" or any abbreviation thereof in said Health Code refers to a person engaged in or charged with the enforcement of any provision of the said Health Code, it shall be interpreted and deemed to mean the Health Officer. 5601.3. SAME. SAME. Whenever the term "Health Officer" or "Officer" appears in said Health Code, it shall be interpreted and deemed to mean the City Health Officer. Throughout the term of any contract between the City and another public agency for the enforcement of the provisions of this Chapter by such other public agency, the term shall mean the Health Officer of such other public agency. 5601.4. SAME. SAME. The definition or regulation of any activity, condition, or structure in said Health Code shall not be interpreted. or deemed to permit or allow the conduct of any such activity or the construction or maintenance of any such condition or structure a,s may be otherwise prohibited or restricted by any other sections of the Arcadia Municipal Code or other ordinances of this City heretofore or hereafter adopted. 5601.5. SAME. SAME. The provisions of Chapter V of Part III of said Health Code shall not apply to the City of Arcadia or any of its departments or agencies. 5602. SAME. AMENDMENTS, DELETIONS AND ADDITIONS. The provisions of the Health Code adopted by this Chapter are hereby amended, deleted or augmented as set forth in the following sub- sections. 560~~.1. SAME. AMENDMENT. Sec tion 627 of the Health Code is amended by deleting the words and figures "Ordinance No. 2225." 56m~. 2. SAME. AMENDMENT. Chapter X of the Health Code is hereb~r amended to read as follows: -2- 1134 Chapter X.. Permits: The following table shall determine operations for which a permit shall be required from the License Officer and the length of time for which such permit shall be valid. DAY NURSERY 12 months FOOD ESTABLISHMENT Until revoked I HAWKER 12 months HOME FOR THE AGED 12 months ITINERANT RESTAURANT 30 days MENTAL INSTITUTIONS 12 months PRIVATE DAY SCHOOL 12 months RESTAURANT Until revoked ROOMING or BOARDING HOUSE 12 months SLAUGHTERHOUSE Until revoked SWIMMING POOL or SWIMMING AREA 12 months TEMPORARY REFRESHMENT STAND 30 days TRAILER PARK 12 months VEN~[NG MACHINE 12 months WATER WELL DRILLING WATER WELL RECONVERSION It shall be unlawful for any person to conduct or carry on any operation listed above without having in his possession a valid permit from the License Officer. Sec. 751. APPLICATION FOR PERMIT. Every person desiring a permit required by this Chapter shall file an application with the License Officer upon a form prOVided by him for such purpose. Sec. 751.1. SAME. FALSE STATEMENTS. It shall be unlaw- ful for any person to make any false or fictitious statement con- cerning himself or any operation requiring a permit, when applying for a permit for such operation. -3- 1134 Sec. 751.2. SAME. PROCESSING. The License Officer shall thereupon refer such application to the Health Officer for process- ing. If the Health Officer approves the issuance of a permit, the License Officer shall issue a permit to said applicant. Sec. 752. FORM OF APPLICATION. Every application for a permit required by Section 750 of this Chapter shall be signed by the applicant and shall contain: a. The name and address of the person who shall be re- sponsible for, and in control of, the establishment. . . b. The location of the establishment if permanent, or the proposed locations if such establishment is permitted more than one location by the provisions of this ordinance. c. Such other information that the License Officer may require for the administration of the Health Code and other applic- able codes. Sec. 753. ACTION ON APPLICATION BY LICENSE OFFICER. Upon receipt of an application for a permit, the License Officer shall cause an investigation of the premises and facilities intended to be used by the applicant to be made by the Health Officer. Hawkers shall take their vehicles to a County Health Center for the purposes of such investigation. If the applicant has complied with all ap- plicable laws and regulations, the License Officer shall issue the permit. If the applicant has not complied with all applicable laws and regulations, the permit shall be denied. If the permit is not issued within aixty (60) days of date of application, the permit \ shall be deemed to be denied and the application cancelled. The issuance of a permit or the approval of plans shall not prevent either the License Officer or the Health Officer from securing cor- rection of errors or omissions in said plans or from preventing construction operations from being carried on when in violation of this Health Code or other pertinent laws or ordinances or from re- -4- 1134 voking any permit or approval when issued in error. Sec. 754. TRANSFER OF PERMIT. No permit issued in accord- ance with the provisions of this Health Code shall be transferable. Sec. 755~ EXISTING PERMITS. Where the applicant has a valid unexpired County health permit, the License Officer may accept such permit in lieu of an application and issuance of an additional permit by the City. Sec. 756. PERMITS TO BE DISPLAYED. Every permit issued in accordance with the provisions of this Health Code shall be dis- played in or upon the establishment, vehicle, or vending machine for which it was issued. Where one permit is issued for more than one machine at one location, such permit shall be displayed on, or in, one machine at such location. Sec. 757. ISSUANCE OF PERMIT TO CANCEL EXISTING PERMIT. Every permit issued for any establishment, vehicle, or machine shall automatically become null and void upon issuance of a new permit therefor. Sec. 758. DUPLICATE PERMITS. If a permit is lost, muti- lated, or destroyed, the possessor of such permit shall obtain a duplicate from the License Officer. The application for such dupli- cate permit shall be accompanied by a fee of one (1) dollar to cover the cost of issuance. Sec. 759. SUSPENSION OF PERMITS. If either the License Officer or the Health Officer determines at any time that the ap- plicable laws and regulations pertaining to any operation possessing a permit have not been complied with, the License Officer shall have the authority to suspend and take possession of such permit. Any permit issued in accordance with the provisions of this Health Code shall automatically be deemed to be suspended if the operation for which such permit was issued remains inoperative for more than ninety (90) days. -5- 1134 Sec. 760. REINSTATEMENT OF PERMITS. When a permit has been suspended, an application may be made for reinstatement. Such applications shall include a signed statement declaring that'''p9R the conditions for which the permit was suspended have been corrected. Upon receipt of such application, the Health Officer shall make an investigation and if all applicable laws and regulations have been complied with, he shall reinstate the permit. Sec. 761. HEARINGS. Any person who has had a permit sus- pended, revoked, or denied, may apply to the License Officer for a hearing. Upon receipt of such application the License Officer shall set a time and place for a hearing. Notice of the hearing shall be given the applicant not less than five (5) days prior to such hear- ing, either by registered mail, or in the manner required for the service of summons in civil actions. At the time and place set for the hearing, the License Officer shall give the applicant, and other interested persons, an adequate opportunity to present any facts pertinent to the matter at hand. The License Officer may place any person involved in the matter, including the applicant, under oath. The License Officer may, when he deems it necessary, con- tinue any hearing, by setting a new time and place, and by giving notice to the applicant of such action. At the close of the hearing, or at any time within ten (10) days thereafter, the License Officer shall order such dispo- ~ sition of the permit as he has determined to be proper, and shall make such disposition known to the applicant. Sec. 762. NON-PROFIT ORGANIZATIONS. Nothing herein shall be deemed or construed to require the payment of a fee for a permit by any institution or organization which is conducted, managed, or carried on wholly for the benefit of religious or charitable purposes, -6- 1134 or from which profit is not derived, either directly or indirectly, by any individual. 5602.3. SAME. AMENDMENT. Section 806 is amended by deleting the last sentence thereof. 5602.4. SAME. DELETION. Chapter XIII is deleted. 5602.5. SAME. AMENDMENT. Chapter VI of the Health Code is hereby amended to read as follows: Sec. 550. SCOPE. This Chapter shall apply to all public SWimming areas, public wading pools and swimming pools as herein defined. Sec. 551. SWIMMING POOL DEFINED. "Swimming Pool" means an artificially constructed public swimming pool constructed of impervious material used for, or intended to be used for, bathing or swimming, and all auxiliary structures or equipment thereof, Such as filtration, pumping, piping, and disinfecting systems, dressing rooms, lockers, toilets, showers, and any areas and en- closures which are used in conjunction with the pool. The term "swimming pool" shall include, but not be limited to, all commerc:ial pools, real estate and community pools, poolS in hotels, resorts, children's camps, auto and trailer parks, auto cOurts and resorts, motels, apartments consisting of ten (10) or more residential units, clubs, private and public schools, training and instructional pools, and pools in gymnasiums, health clubs, exercise clubs and other similar facilities, and pools designed for use by, available for use to, or used by the occupants of ten (10) or more dwelling units. SECTION 2. VIOLATIONS. Violation of this ordinance is punishable by a fine of not more than five hundred dollars ($500.00) 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 -7- 1134 which any violation of any provision of this ordinance is committed, continued or permitted, makes such violation a separate offense. SEC'l'ION 3. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the City Council, and shall cause the same to be published once in the Arcadia Tribune, a newspaper of general circulation, printed, published and circulated within the City of Arcadia, within fifteen (15) days after the pas- sage and adoption hereof. The within ordinance shall take effect upon the expiration of thirty (30) days of its adoption. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 5th day of September , 1961, by the affirmative vote of at least three councilmen, to wit: AYES: Councilmen Butterworth, Reibold and Phillips NOES: None ABSENT: Councilmen Balser and Camphouse ~~ft.~~~~ SIGNED AND APPROVED this 5th day of September , 1961. Ce~,1-S! ~' Mayor 01' the Ci y 0 Ar:tadia/ / pro tempore ATTEST: ~~~~ . y erk (SEAL) -8- 1134