City of Warren, PA Chapter 60 Health, Board of

[HISTORY: Adopted by the City Council of the City of Warren 2-20-2017 by Ord. No. 1890.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 60, Health, Board of, adopted 12-16-2013 by Ord. No. 1841.

§ 60-1 Board established.

[Amended 12-19-2022 by Ord. No. 1970]

A. Creation and membership. The Council of the City of Warren shall be the Board of Health of the City of Warren and when discharging the duties imposed by law shall be designated the "Board of Health of the City of Warren."

B. Powers and duties of Board of Health. It shall be the duty of the Board of Health of the City of Warren to direct the enforcement of the laws of the Commonwealth of Pennsylvania, the Rules and Regulations promulgated by the Pennsylvania Departments of Health and Agriculture, and the ordinances of the City of Warren, all as may be amended from time to time, enacted for the protection of public health, retail food facility safety, and food safety and sanitation. It shall have and exercise all the rights and obligations vested and conferred by, and shall perform all of the duties imposed upon, like Boards of Health in cities of the Third Class of the Commonwealth of Pennsylvania by all acts of Assembly which may now be in force or hereafter passed in reference to the same.

C. Meetings. In its capacity as the Board of Health of the City of Warren, City Council shall conduct the business of the Board of Health during a regular or special meeting of Warren City Council. Such business shall be recorded by the City Clerk or Assistant City Clerk and shall be included within the minutes of the meeting.

D. Health Officer.

(1) The City Council shall, by resolution, appoint a Health Officer who shall be certified and recognized by the Commonwealth of Pennsylvania Departments of Agriculture and Health or any commonwealth agency which may hereafter be designated for the regulation of retail food facilities and other duties as defined by the Third Class City Code. The City Council may appoint more than one Health Officer. The Health Officer(s) shall take an oath pursuant to 53 Pa C.S. § 1141.

(2) The appointment shall be for a term of not more than three years and shall commence on January 1 of the first year of the term and shall expire on December 31 of the final year of the term. Any midterm appointment occurring a) on, or before, June 30 shall be for the remainder of the calendar year or b) on, or after, July 1 shall be effective until December 31 of the following calendar year.

(3) The City and Health Officer shall enter into an agreement under which the responsibilities of each party are prescribed and the term of which shall match the term of the appointment provided for above.

E. Deputy Health Officer.

(1) The Health Officer may designate a Deputy Health Officer(s) to assist in the fulfillment of the duties of the Health Officer. Any deputy must meet all applicable requirements and hold all required certifications of the Departments of Agriculture and Health or any commonwealth agency which may hereafter be designated for the regulation of retail food facilities. The Deputy Health Officer(s) shall comply with the terms of the agreement between the City and the Health Officer. The Deputy Health Officer shall take an oath pursuant to 53 Pa C.S. § 1141.

(2) The appointment shall be for a term concurrent with that of the appointing Health Officer.

F. Powers and duties of Health Officer.

(1) The Health Officer shall have and exercise all the powers and authority vested and conferred by the Third Class City Code and any applicable Pennsylvania statutes and any and all rules and regulations issued by any department of the Commonwealth of Pennsylvania and all ordinances of the City enacted to prevent the introduction and spread of infectious disease; to abate and remove all nuisances which the Board shall deem prejudicial to the public health; recommend such regulations as shall be deemed necessary for the preservation of the public health; and all powers and authority vested and conferred by the Food Protection Act, Title 3, Chapter 57, of the Consolidated Statutes of the Commonwealth of Pennsylvania, and any and all rules and regulations related to the preparation, handling, and sale of food or drink for public consumption.

(2) The Health Officer(s) shall attend all meetings of the Board of Health.

(3) The Health Officer shall follow the City of Warren procedures for issuance of retail food facility licenses as established by City resolution.

(4) The Health Officer shall notify the City of the designation of any Deputy Health Officer.

(5) It shall be the responsibility of the Health Officer to maintain all required certifications and to ensure that all Health Officer Deputies are properly certified.

(6) It shall be the responsibility of the Health Officer to remain current with respect to updates in applicable law and regulations and to ensure that Health Officer Deputies are current in such respect.

§ 60-2 Exemptions.

[Amended 12-19-2022 by Ord. No. 1970]

Exemptions shall be limited to those provided for in the Food Protection Act [Pa C.S.A. § 5703(b)(1)].

§ 60-3 Licenses.

[Amended 12-19-2022 by Ord. No. 1970]

A. Licenses shall be issued in accord with the City resolution adopting the procedures for the issuance of retail food facility licenses. Licenses shall be valid for one year from the date of issue.

B. Each retail food facility that is issued a license by the City of Warren shall post said license on the premises in a conspicuous place so as to be seen by the public and the Health Officer.

§ 60-4 Licensing fee.

A licensing fee shall be established by resolution of City Council and may be amended from time to time by resolution of City Council.

§ 60-5 Revocation and refusal of license.

Any license issued under this chapter may be revoked or any application for issuance of a license may be refused (denied) by the Health Officer, who shall have the power to close any retail food facility within the City of Warren at any time until such time as the Health Officer finds and determines compliance with the Food Protection Act, Title 3, Chapter 576,[1] of the Consolidated Statutes of the Commonwealth of Pennsylvania and any and all rules and regulations issued by any agency or department of the Commonwealth of Pennsylvania and the City of Warren related to the preparation, handling, and sale of food or drink for public consumption. If a license is revoked, the holder shall surrender the license to the Health Officer immediately upon revocation.

[1] Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.

§ 60-6 Violations and penalties.

A. In addition to any penalties authorized by law, any person violating a provision of this chapter, or any person who prevents the Health Officer from entering into or inspecting any premises in the exercise of the Health Officer's powers and duties conferred by this chapter and any and all rules and regulations of any agency or department of the Commonwealth of Pennsylvania, and any person aiding, abetting or assisting in the violation of a provision of this chapter commits a summary offense for the first or second offense and shall, upon conviction thereof before a Magisterial District Justice, be subject to a fine of not less than $100, but not more than $300, and the costs of the prosecution. Any person who prevents the Health Officer from entering into or inspecting any premises in the exercise of the Health Officer's powers and duties conferred by this chapter and any and all rules and regulations of any agency or department of the Commonwealth of Pennsylvania and any person aiding, abetting, or assisting in the violation of a provision of this chapter commits a misdemeanor of the third degree if the violation is a third or subsequent offense, and if the violation occurs within two years of the date of the last previous offense, and shall, upon conviction, be subject to imprisonment or a fine of up to $10,000, or both, and the costs of the prosecution.

B. A person continuing a violation of a provision of this chapter after written notice of said violation by the City of Warren, or after service of a summons, shall be guilty of, and may be prosecuted for, a separate violation for each day the violation is continued.

§ 60-7 Severability.

If any section, subsection, sentence or clause of this chapter is held for any reason to be invalid, the validity of the remaining portions of this chapter shall not be affected.