ORD 1983-15 - Pools-Food Regulations• ••
ORDINANCE NO. 83 -15
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING ITS CODE OF ORDINANCES REGULATING DISPOSAL OF
SWIMMING POOL WASTE WATER, REQUIRING WATER CLARITY IN PUBLIC
SWIMMING POOLS, REQUIRING GRATES OVER OUTLET OPENINGS UN
PUBLIC SWIMMING POOLS, INCREASING FOOD HANDLERS IDENTIFICATION
CARD FEE TO $5.00; INCREASING SCHEDULE OF PERMIT FEES FOR FOOD
AND FOOD ESTABLISHMENTS; REGULATING SUPPLIES, PROTECTION,
STORAGE, PREPARATION, VENDING, SALVAGE, DISPLAY AND
TRANSPORTATION OF FOOD, REGULATING FOOD STORE EMPLOYEE HEALTH,
EMPLOYEE PRACTICES, EQUIPMENT AND STORAGE OF EQUIPMENT AND
UTENSILS; REGULATING CONSTRUCTION AND MAINTENANCE OF PHYSICAL
FACILITIES OF FOOD STORES; REGULATING POISONOUS OR TOXIC
MATERIALS; ESTABLISHING COMPLIANCE PROCEDURES, PERMITS,
INSPECTIONS FOR FOOD STORES; PROVIDING FUR EXAMINATION AND
CONDEMNATION OF FOOD; PROVIDING PENALTIES OF UP TO $200.00 A
DAY FOR CERTAIN OFFENSES; CONTAINING SAVINGS AND REPEALING
CLAUSES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
OF THIS ORDINANCE.
Section 1: Chapter 6, Buildings and Buildiny Reyulations, of the Code
of Ordinances of the City of Huntsville, Texas, is hereby amended by the
addition of a new subsection 6- 2(D)(7.1) which shall read:
Sec. 6 -2 Amendments to Codes Adopted by Reference
(0) STANDARD SWIMMING POOL CODE
(7.1) Section 308 is amended by the addition of a new parayraph
(d) which shall read as follows:
308 - Waste Water Disposal
(d) No person shall discharye wastewater from a swimminy pool, or
permit such wastewater to run off onto an adjoining landowner('s)
property without the landowner('s) express written consent.
Section 2: Chapter 6, Buildings and Building Regulations, of the Code
of Ordinances is hereby amended by the repeal of subsection (D)(10) of
section 6.2, Amendments to Code adopted by reference, as presently
constituted, and by the adoption of a new subsection 6 -2 (D)(10) that
shall read as follows:
Sec. 6 -2. Amendments to Codes Adopted by reference . . .
(0) STANDARD SWIMMING POOL CODE . . .
(10) Section 316. Add Section 316 which shall read as follows:
316 - Sanitary and Safety Conditions
(a) Any person owning or maintaining any swimming pool shall
maintain such pool in a sanitary condition. The bacterial content of
the water in any swimming pool Shall not be allowed to exceed the safe
limits as prescribed by established standards of the state department of
health. Residual chlorine from 0.2 to 0.5 parts per million units of
water or any other method of disinfectant approved by the state
department of health shall be maintained in every swimminy pool
throughout the period of their use.
(b) No water in any swimming pool shall ever be permitted to
show an acid reaction to a standard pH test.
(c) At all times when the pool is in use, the water shall be
sufficiently clear to permit a six (6) inch diameter black disc placed
on a white field to be clearly visible at the deepest point of the
swimming pool. The water shall have sufficient clarity at all times so
that the entire bottom of the pool i5 clearly visible from the walkways.
(d) The outlet openings on the floor of the pool shall be
designed and located to reduce suction currents and shall be covered
with a proper grating.
(e) The health officer or his authorized representative may
inspect every public swimming pool located within the city and make an
inspection report. In the event the health officer or his
representative discovers a violation of the terms and provisions hereof,
he shall notify the person owning or maintaining such pool of the
violation by leaving a copy of an inspection report with the person
owning or maintaining such pool. The health officer shall make a second
inspection after a lapse of not less than ten (10) days thereafter, and
if the reported violation shall not have been remedied such person
owniny or maintaininy said pool shall be subject to the penalties
imposed under this chapter and revocation of their license.
Section 3: Chapter 8A, Food and Food Establishments, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
repeal of Sec. 8A-1 as presently constituted, and by the adoption of a
new Sec. 8A-1 that shall read:
Sec. 8A-1. Food handler identification card.
(a) An individual desiring to work in an establishment as a
food handler must obtain a food handler identification card from the
health authority within thirty /30\ days from the date of his
(b) To obtain a food handler identification card, an
individual must apply on a form furnished by the health authority and as
a part of the application must:
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(1) State his name, address, sex and aye; and
(2) Request that he be admitted into a food handlers'
course taught under the direction of the health
authority; and
(3) For the food handlers' identification card pay a
fee of five dollars ($5.00); and
(4) Sign the application.
(c) After an application complies with subsection (b) of this
section, he or she shall be issued a food handlers' receipt and shall be
admitted to the appropriate course. The food handler's receipt is valid
as a food handler's identification for one month after the date on which
it is issued. Such receipt shall not be valid if the applicant fails to
complete the course for which originally registered or does not pass the
test given at the end of the course.
(d) The food handlers' course shall consist of courses of
instruction prescribed by the health officer on the sanitary handling of
food and on the statutes and ordinances relating to food handling.
After an individual has completed the food handlers' course by attending
all required instruction, he or she must successfully pass an
examination given by the health authority on the matters covered in the
course.
(e) The health authority shall issue to each individual who
passes the examination given under subsection (d) of this section a food
handler's identification card to expire five (5) years from the date on
which it is issued.
(f) The food handler identification card is renewable for a
successive five -year period for an individual who pays a fee of five
dollars ($5.00) for the food handler identification card and completes a
refresher course taught under the direction of the health authority.
(g) The health authority shall issue a permanent
identification card to each individual who pays a fee of five dollars
($5.U0) for the food handler identification card and completes a second
refresher course, after his or her first five -year renewal, taught under
the direction of the health authority.
(h) An individual who has misplaced a current valid food
handler identification card may obtain a replacement from the health
authority for a fee of two dollars $2.00.
(i) The food handler identification card shall be posted in
the establishment where the individual is employed in a place which is
easily accessible to the health authority.
(j) The owner or manager of an establishment shall return the
food handler identification card to the individual upon termination of
employment.
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(k) A copy of subsections (a) through (k) of this section
shall be posted where it is easily available for employees to read.
Section 4: Chapter 8A, Food and Food Establishments, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
adoption of a new section 8A -2, Fees, that shall read as follows:
Sec. 8A -2 Schedule of Permit Fees.
Restaurant
Grocery
Mobile Unit Operation from
base store
Itinerant Restaurant
Non - profit Organizations
$40.00 per year
$40.00 per year
$10.00 per year
$10.00 per 15 days
$10.00 per year
Section 5: Chapter 8A, Food and Food Establishments, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
adoption of a new Section 8 -3, Failure to Obtain a Permit, that shall
read as follows:
Sec. 8A -3 Failure to Obtain a Permit.
(a) A person commits an offense if he commences any
restaurant or grocery business without a City permit.
(b) When a restaurant or grocery business is commenced before
a permit is obtained, the permit fees shall be doubled.
Section 6: Chapter 8A, Food and Food Establishments, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
adoption of a new Article III, Retail Food Stores, which shall read as
follows:
Article III. Retail and Wholesale Food Stores.
Sec. 8A -21. Code adopted by reference
The book entitled "Retail and Wholesale Food Store Ordinance,
October 1982," (a copy of which, authenticated by the signatures of the
Mayor and City Secretary, and made a public record by this section, is
on file in the City Secretary's office) is hereby adopted as the retail
food store ordinance of the City as fully as if copied at length in this
Chapter, and the provisions thereof shall be controlling in the
construction and operation of retail and wholesale food stores.
Section 7: Chapter 11, Health and Sanitation, of the Code of Ordinances
of the City of Huntsville, Texas, is hereby amended by the repeal of
Sec. 11 -2. Milk Code - Adopted through Sec. 11 -5. Grades of milk and
milk products which may be sold.
Section 8: Any person, firm or corporation violating any provision of
this Ordinance or failing to comply with any requirement of this
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Ordinance will be guilty of a misdemeanor and subject to a fine of up to
two hundred ($200.00) dollars upon conviction. Each day during or upon
which said person shall violate or continue violation of any provision
of this Ordinance or non - compliance with any requirement of this
Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a distinct
and separate offense.
Section 9: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect any of the
remaining provisions of this Ordinance.
Section 10: All Ordinances and parts of Ordinances in conflict with the
provisions 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 11: This ordinance shall take effect from and after ten (10)
days from its passage by the City Council. The City Secretary is hereby
ordered to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper of the City of Huntsville at
least twice within ten days after the passage of this ordinance.
PASSED UNANIMOUSLY FIRST READING THIS day of
, 1983.
PASSED SECOND READING THIS day of , 1983.
, 1983.
APPROVED THIS Jay of Rph?I,(_
ATTEST:
'nth I aw, ity Secretary
APPROVED AS TO FORM:
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE
BY
William V. Nash, Mayor