[HISTORY: Adopted by the Common Council of the City of Gloversville
8-10-1965 as Ch. 70 of the 1965 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The City of Gloversville, New York.
The Commissioner of Health of the City of Gloversville, New York.
[Amended 4-25-1995 by L.L.
No. 4-1995]
The Health Department of the City of Gloversville, New York.
[1]The permission, in writing, of the Health Department, issued in accordance
with the Public Health Law or this chapter.
[2]A person, partnership, corporation or association.
A report, in writing, signed by the person (and indicating his official
position) who makes the same.
Whatever is dangerous to human life or public health; whatever buildings
or part or parts thereof, including the cellar, are overcrowded or not provided
with adequate means of ingress and egress or not sufficiently supported, ventilated,
sewered, drained, lighted or cleaned; and whatever renders soil, air, water
or food impure or unwholesome, are declared to be nuisances and to be illegal;
and every person who creates or contributes to the same, or who supports,
continues or retains the same, shall be deemed guilty of a violation of this
chapter.
No article of food or drink for human consumption shall be handled,
stored, offered for sale or sold in any store, hotel or restaurant, or from
any booth, stand, cart or wagon or elsewhere within the city, except in accordance
with rules, regulations, orders and directions of the Commissioner of Health
of the city and the ordinances of the City of Gloversville and the Laws of
the State of New York and the United States of America relating to food and
drink.
No person shall keep, sell, offer for sale or bring within the city
limits any unwholesome, unsound or impure meat, fish, fowl, vegetable or any
other unwholesome article to be offered for sale for use as human food. Any
foodstuff found decayed or contaminated or otherwise unfit for human consumption
shall be condemned and destroyed by the Commissioner of Health or Health Inspector.
Any person, persons, firm or corporation who shall hereafter kill in
any slaughterhouse within this city or who shall transport or bring within
said city any animal or any part thereof which is diseased, unwholesome or
unfit for human food from any cause shall forthwith report all the facts concerning
the same to the Commissioner of Health of said city; and no part of such animal
shall be disposed of until it has been examined by the Commissioner of Health
or other authorized agent of the Health Department.
A.
No person shall build or operate any slaughterhouse within
the limits of this city, nor slaughter any cattle, swine, sheep, lambs or
calves within the limits of this city, without special written permit from
the Health Department.[1]
B.
Any person having charge or being in possession of any
slaughterhouse or other place within this city where any animal is or shall
be slaughtered shall at all times admit, within such slaughterhouse or other
place and to any other place where the meat or any portion of a slaughtered
carcass shall be, the Commissioner of Health or any authorized agent of the
Health Department for the purpose of inspection by said officer or agent.[2]
C.
No cattle in an overheated or feverish condition shall
be killed for human food.
D.
Carcasses of animals in the advanced stages of pregnancy
(showing signs of parturition) and carcasses of animals which have, within
the last ten (10) days, given birth to young shall be condemned, except that
where there is no evidence of septic infection such carcasses may be passed
for sterilization.
E.
No fowl shall be killed or prepared for food except in
a room with a properly drained cement floor and with side walls of smooth
nonabsorbent material of a height of at least seven (7) feet from the floor.
Any such room shall be supplied with running hot and cold water and shall
be well ventilated, frequently cleaned and kept free from feathers, entrails
or other objectionable matter.
A.
The owner or lessee or occupant of any room, store, building
or place where meat, fish, vegetables or other articles designated for human
food shall be stored, or shall be kept or offered for sale, shall keep such
rooms, store building or place and its appurtenances, and all yards, grounds,
alleys or premises owned, occupied or used by such persons, in a clean and
wholesome condition; and every person who has charge of or is interested in
the care, custody or sale of any meat, fish, fowl, vegetable or other articles
designated for human food shall keep and preserve the same in a clean and
wholesome condition.
B.
There shall not be kept or harbored in any building used
in whole or in part for the sale of food any live chickens, ducks, geese,
turkeys or other fowl or any sheep, lambs or calves for a period of more than
twelve (12) hours, and none whatever between the hours of 10:00 p.m. and 4:00
a.m.
C.
The use of newspaper or other printed or unclean paper
for wrapping articles of food is prohibited.
D.
The possession of decayed or contaminated foodstuffs
or of illegal or harmful preservatives shall be deemed evidence of the intent
to sell or use the same.
E.
Dogs shall not be allowed to remain in any store or place
where food is handled or sold.
All milk and fluid milk products (except cream) shall be sold or served
only in the original containers in which they were received from the distributor
or from a bulk container equipped with a dispensing device of a type approved
by the Health Department.
A.
No carcass of any animal, or any part thereof, which
is to be used for human food shall be carted or carried through any street
of the city unless the same shall be covered with a clean cover, so as to
protect it from dirt, dust and insects.
B.
Vehicles used for the delivery of meat or meat products,
together with boxes and barrels and other containers used for meat, shall
be kept clean and shall be provided with a suitable top or covering of clean
canvas for the protection of carcasses or parts of carcasses or meat food
products.
Every peddler of food, in addition to the coverings required in this
chapter, shall keep in his vehicle suitable receptacles for the wastes of
his business, and such wastes shall be so disposed of as not to cause a nuisance.
Peddlers of fish shall keep the same properly iced at all times.
No oysters or other shellfish shall be sold or offered for sale in the
city unless the containers in which such oysters or other shellfish are shipped
or delivered shall have thereon or attached thereto a label, stamp or tag,
bearing the shipper's name together with a certificate number which shall
have been approved by the United States Public Health Service and issued to
the shipper for the current year by the state in which such oysters or other
shellfish were harvested, indicating that the proper authorities have inspected
the grounds from which the oysters or shellfish were last removed and certifying
that such grounds are in good sanitary condition.
A.
No person engaged in the business of cold storage or
refrigerating or of placing food in a cold storage warehouse shall keep in
storage, for preservation or otherwise, any food, or any article used for
food, for a longer period than twelve (12) calendar months.
B.
When food has been in cold storage or refrigeration and
is released therefrom for the purpose of placing the same on the market for
sale, it shall be a violation of the provisions of this chapter to again place
such food in cold storage or refrigeration.
C.
No article or articles of food that have been kept in
cold storage or refrigeration shall be sold or offered for sale unless clearly
marked to show that they have been so kept.
A.
It shall be illegal for any person to sell or dispense
at retail food or beverage products in the City of Gloversville, New York,
without first obtaining from the department a license for the sale of such
food or beverage products as hereinafter provided.
B.
Such license shall be granted by the City Clerk only
after an inspection of the premises or vehicle from which said food or beverage
product is to be sold or dispensed by the Commissioner of Health or his representative
and after his approval thereof from the standpoint of sanitation and facilities
required by this chapter. Such license shall expire annually on the 31st day
of December in each year and shall be renewed on or before the 15th day of
January in each year.
[Amended 12-17-1974 by L.L.
No. 23-1974[1]]
C.
The licensee shall at all times during business hours
submit his premises or vehicles to inspection by the Commissioner of Health
or his authorized agent. The Commissioner of Health shall have the right,
after a hearing, to revoke or suspend such license for violation of any of
the provisions of this chapter or any statute, rule or regulation of the State
of New York or any of its departments or subdivisions relating to the preservation
of public health.
[Amended 4-25-1995 by L.L.
No. 4-1995]
D.
Such licenses shall be granted for the following classifications
of retail business and for the fee indicated:
[Amended 11-26-1968]
(1)
Sale of food or beverage or ingredients of food or beverage,
including milk and dairy products, for on- or off-premises consumption: five
dollars ($5.).
E.
Each license shall be represented by a certificate bearing
the words "License No. ... Health Department, Gloversville, New York," and
shall indicate the calendar year for which it is granted, the character of
the license, the premises or vehicle for which it is granted and the name
of the licensee. Such certificate shall at all times thereafter be displayed
on the licensed premises or affixed to the licensed vehicle at a readily visible
place.
[Amended 4-25-1995 by L.L.
No. 4-1995]
F.
Such license shall not be transferable and upon discontinuance
of the licensed business by the licensee to whom granted shall be surrendered
for cancellation.
No domestic animal shall be kept within the city under such conditions
as shall constitute a health nuisance.
[1]
Editor's Note: Former §§ 226-15, Swine, 226-16, Poultry
and rabbits, and 226-17, Stables, were repealed 12-19-2000 by Ord. No. 19-2000.
[1]
Editor's Note: Former §§ 226-15, Swine, 226-16, Poultry
and rabbits, and 226-17, Stables, were repealed 12-19-2000 by Ord. No. 19-2000.
[1]
Editor's Note: Former §§ 226-15, Swine, 226-16, Poultry
and rabbits, and 226-17, Stables, were repealed 12-19-2000 by Ord. No. 19-2000.
No owner or lessee of any building or any part thereof shall lease or
let or hire out or allow the same or any part thereof to be occupied by any
person or allow anyone to dwell or lodge therein unless said building or such
parts thereof are sufficiently lighted, ventilated and provided with proper
toilet facilities and are in all respects in a clean and sanitary condition.
Any person in charge of any public hall, opera house, theater, place
of amusement or other place whatsoever in this city at or in which or where
the public congregates shall, from time to time and whenever the same is unsanitary
in condition, clean, cleanse and purify the floor and walls of such hall,
house or place, and the furniture and contents thereof, by such means and
in such manner as to render the same clean and sanitary.
Whenever any building or a part thereof may be unsanitary or for any
reason endanger human health, the Commissioner of Health shall issue an order,
to be affixed conspicuously on the building and served on the owner, agent,
lessee or occupant thereof, requiring all persons to vacate such building
and discontinue its use at such time as the Commissioner of Health may determine,
which time shall be stated in said order. Any owner, agent, lessee or occupant
of any such building or part thereof who shall fail or refuse to comply with
said order shall be subject to the provisions and penalties provided for violations
of this chapter unless he repairs the building or cleans the same or otherwise
complies with the requirements of the Commissioner of Health within the time
stated in the order, and it shall thereafter be unlawful to occupy or permit
the occupancy of such house or part thereof until such order has been complied
with.[2]
No animal or vegetable substance, garbage, house refuse or any materials
which are offensive or tend to decay or become putrid or to render the atmosphere
impure or unwholesome shall be thrown, placed or permitted to remain in or
upon any street, stream, yard, lawn, garden, ash heap or other place within
the city; and the owner, lessee or occupant of any premises shall forthwith
remove such substances therefrom.
No person shall permit or have any vegetable or animal substance, water
or other liquid on his premises or grounds which shall give off an offensive
odor or be prejudicial to life or health. No person shall burn, boil, heat,
dry, keep or store any offal, swill, blood, hones, rags or decaying animal
or vegetable matter within the limits of the city without permission from
the Commissioner of Health.
No person shall engage in the business of boiling or rendering fat,
lard or animal matter within the city unless the same shall be so carried
on as to prevent offensive odors; and such person shall cause the scraps or
the residue therefrom to be dried or otherwise so treated as effectually to
prevent any offensive odors emanating therefrom and render the same entirely
inoffensive immediately after the removal thereof from the receptacle in which
the rendering process was conducted.
No person shall give, offer for sale or deal in any ice to be consumed
or used in the city by private consumers or by meat, fish or provision dealers,
except ice taken from pure and wholesome waters. No such person shall give,
offer for sale or deal in any ice to be consumed or used in the city for any
purpose whatsoever taken from any source of water that may at any time be
condemned by the Commissioner of Health or on which skating, horse racing
or boating has been allowed.
[Amended 3-18-1976]
A.
No persons shall gather, collect or transport within
the limits of the city any garbage, except such persons as are licensed by
the Health Department of this city so to do; and no garbage shall be transported
through the streets of this city except in watertight covered receptacles
and in the manner required by the Health Department.[1]
B.
Any person conveying pates, bones, garbage or other offensive
matter through or upon any of the streets of the City of Gloversville shall
properly cover all such materials, either in barrels or in some other watertight
container, while the same are being conveyed.
C.
No vehicle carrying offensive matter shall be allowed
to stop or stand upon the street.
No person shall remove or cause to be removed the contents of any vault,
privy or cesspool without a permit, in writing, from the Commissioner of Health.
No part of the contents of any vault, privy or cesspool shall be removed or
transported through any street except in an entirely covered and watertight
tank wagon.
No person shall interfere with or obstruct the Commissioner of Health
or any authorized representative of the Health Department when in the performance
of his official duties.
No water from any well or spring not approved in writing by the Commissioner
of Health shall be used for drinking in the city.
[Amended 10-28-1986 by L.L.
No. 9-1986[1]]
Any person violating any of the provisions of this chapter shall be
punishable by a minimum fine of twenty-five dollars ($25.) for the first offense,
fifty dollars ($50.) for the second offense and one hundred dollars ($100.)
for the third offense; maximum fine not to exceed the sum of two hundred fifty
dollars ($250.) or by imprisonment for not exceeding six (6) months, or by
both such fine and imprisonment.
This chapter is intended to supplement the Public Health Law and the
Agriculture and Markets Law of the State of New York and the Sanitary Code
established by the Public Health Council of the State of New York and shall
not supersede any of the provisions of said last-mentioned code. If any of
the sections of this chapter shall be inconsistent with the provisions of
such laws or the Sanitary Code, the provisions of such laws or code shall
prevail.
