ORD 1991-29 - Adopts Health Department Fee Increases 11-12-1991ORDINANCE NO. 91 -29
AN ORDINANCE AMENDING CHAPTER 6, BUILDINGS AND
BUILDING, OF THE CODE OF ORDINANCES OF THE CITY OF
HUNTSVILLE, TEXAS, REQUIRING AN OPERATING PERMIT FOR
PUBLIC AND SEMIPUBLIC SWIMMING POOLS; AMENDING
CHAPTER 8A, FOOD AND FOOD ESTABLISHMENTS, OF THE CODE
OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS;
INCREASING THE FEES FOR CITY PERMITS AND REQUIRING
FOOD HANDLERS PERMIT EVERY THREE YEARS; PROVIDING A
PENALTY OF UP TO $1,000.00; PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF; AND MAKING OTHER
PROVISIONS AND FINDINGS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: Chapter 6, Buildings and Building, of the Code of Ordinances of the City of
Huntsville, Texas, is amended by changing Subsection D(10) Standard
Swimming Pool Code, of Section 6 -2. Amendments to codes adopted by
reference, as follows:
Sec. 6-2. Amendments to codes adopted by reference.
(D) STANDARD SWIMMING POOL CODE.
(10) Section 315 is amended to read:
315 -Final Inspection; Enclosure Required; Operating Permit Required.
All swimming pool installations must be completed. The pool shall be completely
filled with water and in operation before final inspection.
(a) For the safety of other, the pool shall be completely enclosed with an
approved wall, fence or other substantial structure not less than four (4) feet
in height, and so constructed as entirely to enclose the area on which the
swimming pool is located and to bar all reasonable and normal access to the
swimming pool except through a substantial gate or gates, or a gate which is
kept locked when the swimming pool is not in use, which gates are the same
height as the fence; all gates shall be provided with self- latching mechanisms
that can be opened only from the interior of the pool enclosure.
(b)
Or, alternatively, a substantial pool cover designed for safety may be used in
lieu of an approved wall, fence, or other substantial structural enclosure when
the pool is not in use.
(c) No person shall allow or permit any public or semiprivate pool to be in
existence upon any premises under the person's ownership, possession or
control unless there is a current operating permit for the pool. Each pool
shall have a separate permit. A permit shall expire one (1) year from the date
of issuance. There is imposed an operating permit inspection fee of thirty
dollars ($30.00). If the pool fails to pass inspection, the applicant may reapply
for such permit.
(d) Public pool means any pool open to the general public, regardless of whether
a fee is charged for use of the pool.
(e) Semipublic pool means any pool that is part of, or on the premises of a hotel,
motel, trailer court, apartment project, or condominium complex having more
than ten (10) units.
(f) Nothing in this chapter shall be construed to apply to any pool owned by the
state or any of its subdivisions.
SECTION 2: Chapter 8A, Food and Food Establishments, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by changing Section 8A -1. Food
handler identification card, as follows:
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 employment.
(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:
(1) State his name, address, sex and age; 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 ten dollars ($10.00);
and
(4) Sign the application.
(c) After an applicant 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
three (3) years from the date on which it was issued.
(f)
(g)
The food handler identification card is renewable for a successive three year period
for an individual who pays a fee of ten dollars ($10.00) for the food handler
identification card and completes a refresher course taught under the direction of the
health authority.
The health authority shall issue a permanent identification card to each individual
who pays a fee of ten dollars ($10.00) for the food handler identification card and
completes a second refresher course, after his or her first three 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.
(k) A copy of subsections (a) through (k) of this section shall be posted where it is easily
available for employees to read.
SECTION 3: Chapter 8A, Food and Food Establishments, of the Code of Ordinances of the
City of Huntsville, Texas, is amended by changing Section 8A -2. Schedule of
permit fees, as follows:
Sec. 8A-2. Schedule of permit fees.
The following fees shall be assessed for the indicated food service activities:
Restaurant, per year
Grocery, per year
Day Cares , per year
Mobile unit operation from base store, per year
Itinerant restaurant, per fifteen (15) days
Nonprofit organizations, per year
Bars (drinks only)
Public Schools
See Table #1
See Table #1
See Table #2
$15.00
15.00
15.00
50.00
50.00
Table #1
Sq. Footage of
Occupancy Space Fee
0 -2999 $ 50.00
3000 -4999 75.00
5,000- 14,999 100.00
15,000+ 150.00
Table #2
Number of Employees Fee
1 -2 $24.00
3 -6 36.00
7 -14 60.00
15+ 84.00
SECTION 4: Any person, firm, or corporation violating any provisions of this Ordinance or
failing to comply with any requirement of this Ordinance will be guilty of a
misdemeanor and subject to a fine of up to one thousand dollars ($1,000)
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 5: If any section, subsection, sentence, clause, phrase or portion of the
Ordinance for any reason shall be 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 6: 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 7: The City Secretary is hereby directed to cause the caption of this Ordinance
to be published at least twice within ten (10) days of final passage. This
Ordinance is to take effect ten (10) days after the date of final passage.
PASSED AND APPROVED this /P-i day of 70J , 1991.
THE CITY OF HUNTSVILLE
ATTEST:
DA)1,..,a th.eita)
City Secretary
APPROVED AS TO FORM:
Scott Bo 'ds, City Attorney