Chapter 8.12

8.12.000    Chapter Contents


8.12.010    Purpose.

8.12.020    Buildings to be clean and sanitary.

8.12.030    Food product storage buildings to be secure from rats.

8.12.040    Protection of docks and wharves against rats.

8.12.050    Nuisances and accumulations of filth prohibited--Removal and abatement.

8.12.060    Disposal of waste matter.

8.12.070    Waste matter to be kept in closed containers.

8.12.080    Food product handlers--Examination for disease.

8.12.090    Inspections by health officer.

8.12.100    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

8.12.010 Purpose

This chapter is designed for the protection of public health.

(Ord. 2076 §1, 1928).

8.12.020 Buildings to be clean and sanitary

All buildings, places and premises whatsoever, in the city, shall be at once placed and kept by the owner, lessee or occupant, in a clean and sanitary condition, and free from rats.

(Ord. 2076 §5, 1928).

8.12.030 Food product storage buildings to be secure from rats

All buildings wherein food products are stored and handled, such as storerooms, creameries, warehouses, residences, restaurants, bakeries, groceries, feed and produce stores, cold storage plants, public markets, meat markets, drugstores, hotels, confectioneries, shall be so constructed or repaired as to prevent rats harboring underneath the same or within the walls thereof. All food products shall be so protected as to prevent rats from gaining access thereto or coming in contact therewith.

(Ord. 2076 §3, 1928)

8.12.040 Protection of docks and wharves against rats

All public and private docks and wharves in the city, wherever located, shall be so protected as to prevent rats from gaining entrance to such docks or wharves at either high or low tide, from vessels anchored or moored alongside of such docks or wharves.

(Ord. 2076 §4, 1928)

8.12.050 Nuisances and accumulations of filth prohibited –Removal and abatement

No person, firm or corporation shall have, or permit upon any premises owned, occupied or controlled by him or it, any nuisance detrimental to health, or any accumulation of filth, garbage, decaying animal or vegetable matter; and it shall be the duty of the city health officer to cause, through notification, any person, firm or corporation to remove such nuisance, and in case such person, firm or corporation refuses, fails or neglects to remove same within two days after receiving such notice, the nuisance may be removed or abated under and by order of the city health officer, and the person, firm or corporation whose duty it was to abate such nuisance, in addition to incurring penalties as provided in this chapter, shall become indebted to the city for costs and charges incurred by the city by reason of the existence and removal of such nuisance.

(Ord. 2076 §6, 1928).

8.12.060 Disposal of waste matter

No person, firm or corporation or boat shall dump or place on land, or any water or waterway within the city, any waste vegetable or animal matter whatsoever, except at places designated by the city health officer, such as sanitary fills wherein such waste is regularly burned and buried.

(Ord. 2076 §7, 1928).

8.12.070 Waste matter to be kept in closed containers

No person, firm or corporation, whether the owner, lessee, occupant or agent of any premises, shall keep or permit to be kept in any building, areaway, or upon any premises, or in any alley, street or public place adjoining such premises, any waste animal or vegetable matter, or any refuse, unless the same is collected in a tightly covered or closed metal can or vessel.

(Ord. 2076 §8, 1928).

8.12.080 Food product handlers –Examination for disease

Any person, firm or corporation operating a business wherein food products are bought, stored and sold, and employing one or more employees, shall cause each employee to undergo a medical examination for the detection of infectious diseases, and any blood tests or other tests made that the city health officer may deem necessary, such examinations and tests to be conducted by any physician or laboratory designated by the city health officer. Upon passing a satisfactory test, the city health officer shall furnish such person with a health certificate; upon not passing a satisfactory test, such person shall not engage in handling foodstuffs, under penalties as provided in this chapter. Reasonable fees shall be collected for such medical examination or laboratory test from the person examined, at such rates as are designated by the city health officer.

(Ord. 2076 §9, 1928).

8.12.090 Inspections by health officer

The city health officer, or any agent or inspector appointed by him, or the city council, shall have authority permitting him, after the purpose of his visit has been announced, to enter any building or premises, or any part thereof in the city, between the hours of nine a.m. and five p.m., of any day, for the purposes of inspecting same and to ascertain whether the provisions of the chapter have been complied with by the owner or occupant thereof.

(Ord. 6886 §1, 2013; Ord. 2076 §2, 1928).

8.12.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §25,2001; Ord. 2076 §10,1928).