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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
[Added 1-10-2022 by Ord. No. 2022-01]
A. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
HEALTH OFFICER
Shall have the meaning ascribed to it in §
261-5 of the Code of Ordinances of the Borough of Chambersburg, and shall include a designee of the Health Officer.
HOTEL
Shall have the meaning ascribed to it in §
300-7A of the Code of Ordinances of the Borough of Chambersburg.
B. Violations.
It shall be unlawful for any ice machine or ice maker located within
a hotel to be kept in a manner that creates a nuisance detrimental
to the public health. Such nuisance may include but not be limited
to the growth of mold or the accumulation of dirt or any other debris
on any part of the ice machine or ice maker.
C. Inspection.
The Health Officer may conduct inspections of any ice machines or
ice makers located within hotels for the purpose of determining whether
any violations of this section exist. Such inspections may occur at
least twice annually with a minimum of three months between inspections.
It shall be unlawful for any person to willfully prevent or restrain
a Health Officer from entering a hotel for the purpose of inspecting
ice machines or ice makers after proper identification is presented
to hotel staff.
D. Reinspection.
If a Health Officer determines that any ice machine or ice maker within
a hotel is in violation of this section, hotel staff shall immediately
cause the ice machine or ice maker to be unavailable for use until
such ice machine or ice maker is brought into compliance with this
section and reinspected by the Health Officer. The reinspection shall
not count toward the minimum two annual inspections. The hotel shall
pay a reinspection fee for each reinspection, which shall be established
by resolution of Borough Council from time to time.
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.
[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.