HomeMy WebLinkAboutOrd. No. 1992-945ORDINANCE NO. 945
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REPEALING ORDINANCE NUMBER 29,
ORDINANCE NUMBER 150, ORDINANCE NUMBER 372,
AND ORDINANCE NUMBER 729, AND ADOPTING
RIVERSIDE COUNTY ORDINANCE 492
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance 29, Chapter 2.16, Ordinance 150,
Chapter 8.04, Ordinance 372, Chapter 8.12, and Ordinance 729,
Chapter 8.60 are hereby repealed.
SECTION 2. Riverside County Ordinance 492 attached hereto
and made a part hereof is hereby added to the Lake Elsinore
Municipal Code, and is on file in the office of the City Clerk for
public inspection, and adopted with the same force and effect as
though set out herein in full.
SECTION 3. This ordinance shall take effect as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 13th of
October, 1992, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALONGI, CHERVENY, DOMINGUEZ, t"IINKLER, I~IASHBURN
NONE
f!OP!E
NOP~E
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day
of October, 1992, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ALON,I, CHEP,VENY, DOMINUEZ, WASHBURN
NONE
WINKLER
NONE
W~
M. Was burn, Mayor
~ of Lake Elsinore
Vicki Lyn Kasad, City Clerk
City of L e Elsinore
i
t
AP ROVED A. TO FORM AND LEGALITY:
John Har er, i y Attorney
City of Lake E inore
(SEAL)
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2 ORDINANCE ^?n a92 7
3 AN ORDINANCE OF THE COUNTY OF RIVER&xD~.
rnnn FcTABLTSHMF~iv~i~; OTn~ +~ 'N
4 11 gF~TEI~RANTS
5 of Riverside Ordains
The Board of Supervisors of the County
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as Follows:
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,~p~ ion I. Ordinance No. 492 is recaptioned and amended in
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its entirety to read as follows:
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10 ORDIt1A?3C~L0~.-9.9~.
^r OF THE COUhT~4 OF RTI~'DSrnE P$.~DING
11 - uF n TION OF FOOD EST1tSLISH~$
12 rOOD FACI T~ TIE$
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cPrt;on 1. )FpINITIONS. The following definitions
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shall apply in the interpretation and enforcement of this
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ordinance:
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A. "Food Establishment" shall mean a focd establishmen
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as defined in the California Uniform Retail Food
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Facilities Law, Section 27520 of the California
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Health and Safety Cove. .;;ene aid cv:nmonly referre
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to as restaurants, markets, delis or similar
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operations.
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B. "food Facilities" shall mean a food facility as
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defined in Section 27521 of the California .Health
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and Safety Code. These are commonly
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wholesale food facilities,
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machines, satellite food distribution facilities,
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open-air barbecues, certified farmers markets,
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stationary food preparation units and mobile food
preparation units. This definition also includes
commercial food establishments.
~, ^Eaforcement Officer" shall mean the Director of the
Department of Environmental Health Services and his
or.her duly authorized Environmental Health
Specialists.
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D, ^Pood Preparation shall mean food preparation as
defined in Section 27522 of the California Health
and Safety Code.
E, "Official Inspection Form' shall mean the form
the Department of Environmental Health
provided by
Services.
ce~t~„~ on 2. S~BBt?INSx•
p, All food establishments and food facilities shall be
inspected and graded uniformly using an official
inspection form. The grade of each food
establishment shall be determined by the Enforcement
Officer using the scoring method provided on the
Official Inspection Form. The grade of each food
establishment shall be evidenced by the posting of a
Grade Card bearing the letter, "A", "B" or "C."
1, The letter "A" shall~in,dicate a score of ninety
percent (90%) or higher, and indicates that the
food establishment passed the inspection by
meeting those minimum health standards as set
forth by the State of California in the
California Retail Food Facilities Law, California
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Health and Safety Code, Chapter 4, Sections
27520, Qt,~9.•, and interpreted by the
Enforcement Officer. Grade "A" Cazds shall be
printed in Blue on High=Impact White Styrene
Plastic.
2. The letter "B" shall indicate a score of less
than ninety percent (90%), but not less than
eighty percent (80°~), and indicates that the
food establishment has not passed the inspection
and does not meet minimum health standards.
Grade "8" Cards shall be printed in Green on
High-Impact White Styrene Plastic.
3. The letter "C" shall indicate a score of less
than eighty percent (BO°~), and indicates that
the food establishment has failed the inspection
and has conditions existing which may pose a
potential or actual threat to public health and
safety. The facility may also be ordered
closed, with its permit being suspended or
revoked by the Enforcement Officer. Grade "C"
Cards shall be printed in red on High-Impact
White Styrene Plastic.
B. The Grade Card shall be provided by the Enforcement
Officer and shall be nine inches by eleven inches
(9" x ]. ]. •') in ,ire. The gr~Je letter shall not be
more than five inches (5") in height.
C. The Grade Card shall be posted in a conspicuous
place selected by the Enforcement Officez, at or
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near each entrance to the food establishment used by
its patrons, and shall be removed only by the
Enforcement Officer.
p. It shall be unlawful to operate a food establishment
unless the Grade Card is in place a5 posted by the
Enforcement Officer.
E. Private schools and public schools shall not be
required~to post a Grade Card.
F. Food facilities and food establishments which are
not engaged in food preparation shall not be
required to post a Grade Card.
Gc,-ham. ~*1e DF~•
A. The Enforcement Officer shall inspect each food
facility and food establishment at regular
intervals. All food establishments and food
facilities shall comply with those requirements set
forth in the California Uniform Retail Food
Facilities Law, as amended appearing in California
Health and Safety Code Sections 27500, et seq.
g, A signed copy of the Official Inspection Form shall
be delivered to the owner, operator, oz person in
charge of the food establishment or food facility
who shall sign in receipt therefor.
C. Any food establishment or facility that has received
a .B.. or ^C° grade shall receive a reinspection
within five (5) working days of the initial
inspection, or as otherwise arranged with the
facility operator, to assure that the violations
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have been corrected. The Grade "B" or "C" shall
remain posted at the food establishment, indicating
to-the publ} c that the particular food establishment
failed to maintain minimum health standards during
its most recent routine inspection performed by the
Department of Environmental Health Services.
D. If, after a reinspection of the food establishment
or facility, the score is not ninety percent (90%)
or higher, any or all of the following legal actions
may ensue:
1. Administrative hearing offered for the suspension
or revocation of the license pursuant to Health
and Safety Code Sections 27580, et seq.
2. Issuance of a citation.
3. Initiation of civil, criminal or other legal
proceedings.
E. Notwithstanding the foregoing, the Enforcement
Officer may order immediate closure of a facility or
establishment pursuant to Health and Safety Code
Section 11851 whenever he reasonably believes the
facility or establishment to present an immediate
danger to the public health or safety.
F. Any reinspections following legal actions, other
than one (1) reinspection following an initial
administrative hearing, will result in the operator
being charged an hourly on-site fee.'
SPrr;on 9. pERMITS• No person shall operate a food
establishment or facility without holding a valid permit
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issued by the Department of Environmental Health Services.
Application for a permit shall be made to the Department of
Environmental Health Services upon a form provided by the
Department, and shall be accompanied by a fee as required by
Ordinance No. 690. A permit shall be valid for not more
than one (1) year.
eert~~ 5. ~'T27P9INA7 PENALTZF.+~•
erson violating any provision of this ordinance
A. Any p
shall be guilty of an infraction or misdemeanor as
hereinafter specified. Such individual shall be
deemed guilty of a separate offense for each day
during which any violation of this ordinance is
committed or allowed to exist.
g. Any individual convicted of a violation of this
ordinance shall be:
1, Guilty of an infraction and punished by a fine
of not less than fifty dollars ($50.00), but not
to exceed one hundred dollars ($100.00) for the
first offense.
2. Guilty of an infraction and punished by a fine
of not less than one hundred dollars ($100.00),
but not to exceed two hundred dollars ($200.00)
for the second offense.
3, The third and any subsequent offense shall
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constitute a misdemeanor, and shall e
~ a fine of not less than five
punishable by
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hundred dollars ($500.00), but not to excee one
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thousand dollars ($1,000.00) and/or six (6)
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months in the County jail, or both.
C. Notwithstanding the. foregoing, a first or second
offense may. be charged and prosecuted as a
misdemeanor.
D. Payment of any penalty herein shall-not relieve an
individual from the responsibility of correcting the
violations as noted on the official Inspection
Report Form.
cP~rion 6. ?IIBLIG NUISANCE DECLARATION. In addition,
any violation of this ordinance is hereby deemed to be a
public health nuisance and may be abated by the Enforcement
Officer, irrespective of any other remedy hereinabove
provided.
cer•t;on 7, CIVIL PENA TL-IES• AnY Person who willfully
violates any provision of this ordinance or any other rules
or regulations adopted by the Department of Environmental
Health Services pursuant to this ordinance, in addition to
any criminal penalties, shall be liable for a civil penalty
of between fifty dollars ($50.00) and two hundred fifty
dollars (5250.00) for each day of violation. The
enforcement agency shall be authorized to file and maintain
an action in a court of appropriate jurisdiction to collect
any such civil penalty arising under this section.
Gam+ion=8. ^ ""°'" ^r INSPECTION. Pursuant to California
Health and Safety Code Section 27650, the Enforcement
Officer shall have the right to inspect any food facility or
establishment, or any facility suspected of being a food
establishment or facility, at any reasonable time. If
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be suspended or
inspection is refused, the permit may uilty of an
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revoked,
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infraction or misdemeanor offense. rovision, clause,
3 S~~1T.ITY. If anY P
;on 9aragraph of this ordinance, or•the application
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sentence or p
5 arson or• circumstances shall be held
thereof to. any p
6 such invalidity shall not affect the other
invalid,
7 licati0ns of the provisions of this
provisions of 8PP
g fiver. effect without the ir,vali8
ordinance which can be ~ rovisicns of
° lication and, to this end, the P
provision or apP
10 ~ declared to be ygveza:jle.
t,yis ordinance are hereby
:.1 ~ ~, Ordinance No. 493 is hereby zepeeled.
&~.S'. i ~n
12 This ordinance shall take effect thirty (30)
Fi:S~t19~1-~'
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days after fife adoF•tion.
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15 AOARD OF SUP1rRVISORS or TxE COuta~Y
OF RIVERSIDE, STATE OF CALIFORNIA
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18 ,,j~~•ha~r-'~BOard of Supervisors
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20 TTEST:
21 GERALD A. N,ALONFY
C1eiY, of the Soazd
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?,4 By Deputy
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• 27 GD:jf-G9~/lit{2/19/92
REV:jf-?/2/92
28 -o- 7~iy gy
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read for
adoption on October 13, 1992, and was passed by second reading on
October 27, 1992, by the following vote:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WASHBURN
NOES: COUNCILMEMBERS: NONE
"'"""'"' COUNCILMEMBERS: WINKLER
COUNCILMEMBERS: NONE
CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 945 of said Council, and that the
sa e'has not been amended or repealed.
DA ED: Nove,~nber ~, 1992
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
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