[HISTORY: Adopted by the Mayor and Town Council of the Borough of Chambersburg 2-11-1976 by Ord. No. 76-37. Amendments noted where applicable.]
In addition to the duties of the Board of Health of the Borough of Chambersburg prescribed by ordinance, laws of the State of Pennsylvania or by certain rules and regulations of the various state agencies giving authority to local boards of health to enforce such rules and regulations, and to the Health Officer acting under the direction of said Board, said Board shall have the duty to enforce the provisions of this chapter.
[Added 3-26-2012 by Ord. No. 2012-04]
Retail food establishments, as defined herein, are declared to be subject to the provisions of the Pennsylvania Retail Food Facility Safety Act (3 Pa.C.S.A. § 5701 et seq.) and the Food Safety Act (3 Pa.C.S.A. § 5721 et seq.) and the rules and regulations adopted by the Pennsylvania Department of Agriculture as now enacted and as may be hereafter amended.
Definitions. The definitions set forth in Pennsylvania Act 106 of 2010 as well as those set forth in the rules and regulations of the Pennsylvania Department of Agriculture relating to the matters covered by Pennsylvania Legislative Act 106 of 2010 as now enacted or as may hereafter be amended or enacted are included herein by reference as though they were fully set forth herein.
Licenses. No person shall operate a retail food facility within the Borough of Chambersburg without first obtaining a license from the Borough. No license shall be issued for any such facility until inspection of the premises, facilities and/or equipment of such food establishment has been made by the duly appointed representative of the Borough of Chambersburg and found to conform with the provisions of this chapter of the Code of the Borough of Chambersburg.
Applications. Application for either a temporary license or a permanent license shall be made on forms provided by the Borough of Chambersburg. A temporary license shall be provided for a retail food facility proposing to operate for 14 or fewer calendar days during a twelve-consecutive-month period. A permanent license shall be issued for a facility operating for more than 14 calendar days in a twelve-consecutive-month period.
All license fees, renewal fees, plan review fees and late fees shall be set by resolution of the Chambersburg Borough Council from time to time.
Manner of keeping food for sale; inspection. It shall be the duty of the keepers of stores, shops, stand and wagons from which articles of food are vended or sold to keep such places clean and in a sanitary condition, free from offensive odors or any accumulation of decomposed or decomposing animal or vegetable matter. Such stores, shops, stands and wagons shall at all times be open to the inspection of the Health Officer or other authorized agent of the Board of Health.
Manner of keeping food when sold outside. No person, firm or corporation selling meat, fish, fruit or vegetables shall expose outside counters at stores or shops or on stands or in wagons unless they shall be at least two feet from the ground, pavement or floor and shall be thoroughly screened and protected from flies.
Editor’s Note: Former Subsection C, Inspection fees, added 3-24-1976 by Ord. No. 76-47, as amended, which immediately followed this subsection, was repealed 3-26-2012 by Ord. No. 2012-04.
The carcass of any animal which is within the limits of the Borough of Chambersburg shall be removed within 24 hours and properly disposed of by the owner of the animal, if the owner is known, or by the owner of the property on which the dead animal is found. In case the ownership of a dead animal is unknown and the carcass is found on a street, alley or other public place, it shall be removed by the Board of Health at the expense of the borough. The disposal of all dead animals in the borough shall be done under the direction of the Board of Health and in accordance with the laws and the rules and regulations of the state.
Permit to build or maintain pens for pigs, shoats or swine. No pen for the keeping of pigs, shoats or swine shall be built or maintained without a permit therefor from the Board of Health. Such permit shall state the location of the pen and shall designate the number of pigs, shoats or swine to be kept therein. Each such permit shall expire on January 1 of each year and shall be issued free of charge to the owner by the Board of Health, after the Board is satisfied that the provisions of this chapter have been complied with.
Location of pens; limit on number of animals kept. No pen for the keeping of pigs, shoats or swine shall be built, used or maintained within 50 feet of any street or dwelling. No such pen shall contain more than five animals.
Construction of pens. Pens for the keeping of hogs, shoats or swine shall be constructed so that the floors are not less than 18 inches above the ground and shall have floor boards constructed so that the pen is easily cleaned of all offal and filth accumulating in, around and under the pen.
Removal of offal and filth; nuisances. All accumulations of offal and filth under the pens for the keeping of pigs, shoats or swine shall be removed at least once a week, or more often, if so ordered by the Board of Health or the Health Officer. Upon failure of any owner or occupant of any premises to comply with the provisions of this section, such resultant condition shall constitute a nuisance and be abatable as such.
Manner of keeping dung and manure piles. All aboveground dung and manure piles in the borough shall be removed, and the place where they were kept cleaned, at least once a week. Manure piles which are kept in a sunken pit need not be cleaned once a week but shall be tightly covered at all times.
Manure haulers not to allow material to drop from vehicle. Any person who shall haul manure through or upon the streets or highways of the borough shall not allow any of the material from the vehicle or tractor to drop therefrom onto the streets or highways, or public places, or onto the property of another.
Physicians to report communicable diseases to Board. It shall be the duty of every physician practicing in the borough to report all cases of communicable diseases, as defined by the Pennsylvania Department of Health, to the Board of Health or to the Health Officer within 24 hours of discovering such case.
Maintenance of nuisances unlawful; abatement after notice. No person shall maintain or permit to be maintained on any property owned or occupied by him or her within the borough any condition productive of a nuisance detrimental to the public health or which may be so declared by the Board, and upon receipt of a notice from the Board of Health that such a condition exists on the property owned or occupied by him or her, it shall be his or her duty to abate the nuisance created thereby to the satisfaction of the Board of Health within the time limit specified in said notice.
Placing certain matter or allowing kitchen waste to run or to accumulate on streets, alleys or open ground prohibited. No person shall place upon any public street or alley of the borough any tin cans, broken glass, or other objectionable refuse or organic matter subject to decomposition, either vegetable or animal, or shall allow kitchen waste from any property owned or occupied by him or her to run into any alley or street, or any open gutter along any street or alley, or to accumulate upon the surface of the ground at any place in such manner as to be offensive or to constitute a menace to health.
Access to premises. No person shall refuse to admit the Health Officer or a physician or any other person acting for the Board of Health from entering his premises, after showing proper identification. No such person shall interfere with or hinder any representative of the Board in the performance of his duties in making investigations of suspected cases of communicable diseases or nuisances.
[Amended 3-26-2012 by Ord. No. 2012-04]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, in addition to any other remedy provided by law or by ordinance, upon conviction thereof, be sentenced to pay a fine of not less than $150 nor more than $300 plus cost of prosecution and, in default of payment of such fine and cost, to imprisonment for not more than 30 days. Each day a violation continues shall be considered a separate offense with separate fines and penalties.