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ORD 1983-15 - Pools-Food Regulations• •• ORDINANCE NO. 83 -15 • 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: • • (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. • • (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 • • 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