Chapter 8.04


8.04.010    Definitions.

8.04.020    Perishable matter declared nuisance.

8.04.030    Sanitation and cleanliness requirements.

8.04.040    Reduction-plant drying gases.

8.04.050    Inspection and enforcement authority.

8.04.060    Abatement of nuisances.

8.04.070    Violation – Penalty.

8.04.010 Definitions.

As used in this chapter:

A. “Fish” means and includes all forms of fish and fish products, including shellfish, whether edible or not.

B. “Gas” includes all types of gas, vapors and steam, and also includes air-carrying particles.

C. “Perishable matter” includes fish, animal and vegetable matter and parts and particles thereof.

D. “Reduction” or “reducing” includes every part of the process whereby an animal, fish or vegetable matter is converted into fertilizer, feed, fats, oils, meal or any other byproduct of such animal, fish or vegetable matter, including skinning, scaling, cooking, pressing, drying, sacking and separation of oil and disposal of waste. (Ord. 1033 § 1, 1951; prior code § 8-201)

8.04.020 Perishable matter declared nuisance.

The existence of perishable matter in a decomposed or decomposing state or in any situation as to make the same liable to become decomposed, putrefied or decayed is declared to be detrimental to public health, safety and convenience, and is declared to be a public nuisance. (Ord. 1033 § 2, 1951; prior code § 8-202)

8.04.030 Sanitation and cleanliness requirements.

It is unlawful to operate any food cannery or reduction plant unless the plant or cannery and operation thereof complies with all of the following conditions:

A. Construction of Surfaces. All floors and gutters of each such plant or cannery shall be constructed of concrete, or other material with a smooth finish; the walls, ceilings, partitions, posts, doors, and other parts of all such structures constituting a part of such plant shall be of such material as shall permit them to be easily and readily cleaned.

B. Receiving Bins. Each plant and cannery shall be equipped with proper receiving bins or compartments which shall be smooth, so that they can be readily cleaned, and shall be tight, and no fish, fish particles or animal or vegetable matter shall be permitted to accumulate in such bin, or anywhere in the plant, for such time as to become decomposed.

C. Trapping of Waste Particles. Each plant and/or cannery shall have adequate devices for trapping all animal, fish and vegetable particles, including fish scales, in such a manner that they will not be discharged out of the plant into the Boat Haven area of the Port of Bellingham within the city, and all such particles shall be trapped and reduced, and none of them shall be discharged into the Boat Haven area of the Port of Bellingham within the city.

D. Importing Decomposed Matter. No perishable matter which is decomposed or putrefied or decaying shall be brought into the city.

E. Processing or Preservation of Perishables. All perishable matter shall be processed within 48 hours of its arrival at the plant, unless it is iced or otherwise preserved so that decomposition or putrefaction cannot occur.

F. Covered and Enclosed Storage. All storage of perishable matter and storage bins therefor shall be completely enclosed structures, and shall at all times, except when unloading or loading, be securely covered against the sun, insects and pollution of all kinds.

G. Prompt Unloading. All perishable matter arriving at any plant must be unloaded from the truck, boat or other means of conveyance immediately upon arrival at such plant, and forthwith stored in covered storage facilities as provided in this section.

H. Washing of Storage Bins or Spaces. All storage bins and space for perishable material shall be washed at least once every 24 hours when in use, and all storage bins and space used for the storage of fish shall be washed and salted at least every 24 hours when in use. (Ord. 1033 § 3, 1951; prior code § 8-203)

8.04.040 Reduction-plant drying gases.

It is unlawful to accept, process, render, reduce or bring into any cannery or reduction plant any perishable material in a state of decomposition or putrefaction, and it is unlawful to operate any reduction plant unless the plant complies with each of the following conditions:

A. Drying gases created by direct heat-reduction process shall pass through an incinerator of sufficient capacity and which shall raises the entire amount of gas to a temperature of not less than 1,400 degrees Fahrenheit, or shall be otherwise dissolved or disposed of in such a manner as to prevent the escape of any odors from such gases into the open air. Each plant using an incinerator shall equip it with a recording pyrometer, whose active element shall properly record the maximum temperature of all gases therein before they are allowed to escape. A 24-hour record temperature chart shall be made every day in which the reduction plant is operated.

B. Plants not required to use an incinerator shall be provided with a recording thermometer and a 24-hour chart shall be made of the temperature of the drying gases immediately on leaving the dryer.

C. All temperature charts shall be retained for at least a year and are to be made available on demand of the health inspector.

D. All plants and works employing indirect heat dryers, namely dryers in which the products of combustion are never in contact with the material being dried, shall incinerate or otherwise dissolve or dispose of all gases emanating from the drying material in such manner as to prevent the escape of any odors from such gases into the open air. (Ord. 1033 § 4, 1951; prior code § 8-204(a-d))

8.04.050 Inspection and enforcement authority.

A. The health inspector is empowered at any and all times to visit and inspect all parts of all reduction plants and food canneries in the city, and to inspect all temperature charts and other records of operation, and all records showing quantities of animals, fish or vegetables received in the plants, and the quantities of meal and other products produced.

B. The inspector is authorized to enforce all the provisions of this chapter. (Ord. 1033 § 4, 1951; prior code § 8-204(e))

8.04.060 Abatement of nuisances.

Nothing in this chapter contained shall be construed to debar the city from instituting and maintaining civil actions, or of the employment of extraordinary civil remedies for the abatement of nuisances created through the operation of reduction or processing plants, or the processing of food in any form embraced within the provisions of this chapter, for any or all damages occasioned thereby. (Ord. 1033 § 6, 1951; prior code § 8-205)

8.04.070 Violation – Penalty.

Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $100.00, or by imprisonment in the city jail for a period not exceeding 30 days, or by both such fine and imprisonment. Each day on which any violation occurs shall be considered a separate violation. (Ord. 1033 § 5, 1951; prior code § 8-206)