[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]
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.
A.
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.
B.
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.[1]
[1]
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.
[Added 1-10-2022 by Ord. No. 2022-01]
A.
HEALTH OFFICER
HOTEL
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
