[Amended 10-7-1975 by Res. No. 502-1975; 11-15-2005 by Res. No. 356-2005]
The rules and regulations herein contained shall
be known as the "Sanitary Code of the Monroe County Health District."
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Health of the Monroe County Health District.
The Charter of the County of Monroe.
The Department of Public Health of the Monroe County Health
District.
The Monroe County Health Director.
The Monroe County Health District established under Article
9, § 1017-a, of the Optional County Government Law.
Individual, group of individuals, firm, public or private
corporation, industry, association, trust, estate, partnership, copartnership,
government agency, political subdivision, municipality, town, village,
school district or any other legal entity.
The Public Health Law of the State of New York.
Shall mean and comprise the rules and regulations now and
hereafter formulated, promulgated and adopted by the Board of Supervisors
of Monroe County pursuant to Article 9, § 1017-a, of the
Optional County Government Law.
The Sanitary Code established by the Public Health Council
of the State of New York.
The provisions of the Sanitary Code shall be
in force throughout Monroe County. As provided by the Charter and
the Public Health Law, the provisions of this code shall have the
force and effect of law.
It shall be the duty of each local board of
health and of each local health officer in Monroe County, existing
pursuant to law, to enforce every regulation of the Sanitary Code.
The regulations of this code shall be supplemental
to the regulations, rules and orders of the State Sanitary Code, Public
Health Law, and other New York State laws relating to public health
and shall, as to matters to which they refer, and in the territory
prescribed therefor by law, supersede all local ordinances heretofore
or hereafter enacted inconsistent therewith.
A.
No person shall interfere with or obstruct the entrance
to any house, building, vessel, or other premises by the Director
of Health or designated representative thereof,in the discharge of
his official duties; nor shall any person interfere with or obstruct
the inspection or examination of any occupant of any such house, building,
vessel, or other premises by the Director of Health or his authorized
representative in the discharge of his official duties.
B.
No person shall refuse to allow the Director of Health,
or designated representative thereof, to inspect fully any and all
premises, and no person shall molest or resist the Director of Health,
or designated representative thereof, in the discharge of their duties.
A.
Applications. All applications for permits or written
approval shall be made upon forms prescribed and furnished by the
Monroe County Department of Public Health, and shall be signed by
the applicant who shall be the person, or legally authorized agent
thereof, responsible for compliance with the conditions of the permit
or approval applied for. Such application shall contain or have attached
thereto such data, information, reports, documents, applicable fees,
certifications and plans as may be required. An application shall
not be deemed complete until all required materials are submitted
and fees are paid.
B.
Permits and approvals; nontransferable. A permit or
written approval issued to a particular person or for a designated
place, purpose, or vehicle shall not be valid for use by any other
person or for any other purpose, or vehicle than that designated therein.
A permit shall not be transferable or assignable.
C.
Permits; conditions of approval. Such permits or written
approvals may contain general and specific conditions, and every person
who shall have obtained a permit or written approval shall conform
to the conditions prescribed in said permit or written approval and
to the provisions of the Sanitary Code. Each permit shall expire on
the date stated on the permit and may be renewed or extended by the
Director of Health or designated representative thereof, or may be
suspended or revoked for cause by the Director of Health or the Board
of Health after due notice and hearing or temporarily suspended pending
a hearing. Notwithstanding the foregoing provisions, in the event
that any of the terms, conditions and provisions of a permit issued,
or written approval granted, is or may subsequently be less restrictive
than the Public Health Law or the State Sanitary Code, then in such
event, the applicable provisions of the Public Health Law, or the
State Sanitary Code, which are more restrictive, shall govern.
D.
Permits; Property of the Monroe County Department
of Public Health.
(1)
All permits issued hereunder shall remain the property
of the Monroe County Department of Public Health and shall, on demand,
be surrendered to an authorized representative of the Monroe County
Department of Public Health, whenever any such permit expires, is
suspended or revoked.
(2)
Permits shall be posted conspicuously on the premises
for which they are issued, and shall be carried on the vehicle for
which they are issued, and shall be produced on request of the Director
of Health or designated representative thereof.
No person shall remove, mutilate or conceal
any authorized notice or placard of the Department of Health posted
in or on any premises or public place except by permission of the
Director or an authorized representative thereof.
A.
Fees may be imposed for services rendered by the Monroe
County Department of Public Health in accordance with such fee schedule
or schedules adopted by the Legislature of the County of Monroe, the
State of New York, or the United States.
B.
All fees for services required by the Monroe County
Department of Public Health shall be payable to the Monroe County
Department of Public Health.
C.
Failure to pay the prescribed fee, or fees owed for
any property owned or operated by the applicant, shall result in the
nonissuance of a permit to operate, or summary suspension of any existing
permit until such fee is paid, or the revocation of any approval until
such fee is paid.
A.
The Monroe County Board of Health Public Health Administrative
Hearing Procedure adopted by the Legislature of the County of Monroe,
(Resolution Number 126 of 1996), effected March 15,1996, shall be
the administrative proceedings utilized to correct, and impose civil
penalties for, violations of the Monroe County Sanitary Code, the
New York State Sanitary Code, the New York State Public Health Law
and the pertinent provisions of the administrative rules and regulations
of the Board of Health.
B.
A respondent's failure to pay the prescribed penalties
of a Board of Health Administrative Hearing Stipulation or Board of
Health Order by the due date shall result in the summary suspension,
without further notice or hearing, of the respondent's permit(s) to
operate the cited facility.
A.
Civil liability; penalty by Board.
(1)
Pursuant to the applicable provisions of the
Public Health Law, the Board of Health may impose a penalty not to
exceed the dollar amount specified in the Public Health Law upon a
person for any violation of, or failure to comply with, any provision
of the Sanitary Code or of the State Sanitary Code, or any order made
pursuant to such codes. Penalties for violation of the Public Health
Law may be imposed as prescribed in the Public Health Law.
(2)
Each day on which such violation or failure
continues shall constitute a separate offense. Nothing herein contained
shall be construed to exempt an offender from any other prosecution
or penalty provided by law.
B.
Criminal liability. Noncompliance or nonconformance
a Violation. Pursuant to the applicable provisions of the Public Health
Law, any noncompliance or nonconformance with any provision of such
Sanitary Code or of any rule, regulation, order, or special direction
duly made thereunder, shall constitute a violation punishable on conviction
for a first offense by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment;
and for a second or subsequent offense by a fine not exceeding $500
or by imprisonment not exceeding 15 days, or both.
Nothing herein contained shall be construed
to restrict or abrogate the authority of any city or any village or
any town in the Health District to adopt and enforce additional ordinances
or to enforce existing ordinances relating to health and sanitation,
provided such ordinances are not inconsistent with the provisions
of § 1017-a of the Optional County Government Law, and/or
the State Sanitary Code, and/or this Sanitary Code.
Nothing herein contained shall be construed
to restrict or abrogate the authority of any city or any village or
any town in the Health District to adopt and enforce additional ordinances
or to enforce existing ordinances relating to the regulation, control
and/or issuance of any license and/or renewal and/or revocation thereof,
and to charge and collect a fee therefor; provided, however, that
whenever inspection as to health and sanitation is required, no such
city or such village or such town shall issue or renew such license
without first having obtained certification from the Department of
Health of compliance with applicable rules and regulations now or
hereafter formulated, promulgated and adopted by the Board of Supervisors
pursuant to the provisions of § 1017-a of the Optional County
Government Law, and/or applicable provisions of the State Sanitary
Code, Public Health Law, and/or other New York State laws relating
to public health.
Should any section, paragraph, sentence or phrase
in this Sanitary Code be declared unconstitutional and invalid for
any reason, the remainder of the Code shall not be affected, and shall
remain in full force and effect, and to that end the provisions of
this code are declared to be severable.
