[Ord. 704, passed 1-6-2006]
This chapter shall be known and may be cited as the Food Code.
[Ord. 704, passed 1-6-2006]
The Food Employee Certification Act, 3 Pa.C.S.A. §§ 6501
et seq., as amended from time to time, and regulations promulgated
pursuant thereto by the Pennsylvania Department of Agriculture are
hereby incorporated into the codified ordinances of the Borough. The
Food Employee Certification Act and its regulations are to be enforced
by the Borough's Health Inspector against all food establishments
within the Borough.
[Ord. 704, passed 1-6-2006; Ord. 785, passed 9-14-2015]
The Food Code Regulations promulgated by the Pennsylvania Department
of Agriculture, 7 Pa. Code §§ 46.1 et seq., as amended
from time to time, are hereby incorporated into the codified ordinances
of the Borough. The Food Code regulations are to be enforced by the
Borough's Health Inspector.
[Ord. 704, passed 1-6-2006]
The following amends the above-referenced laws and regulations,
which are incorporated herein by reference in this chapter, allowing
for the closure of businesses and right to appeal under the following
circumstances.
(A) Closure of business. When, in the opinion of the Borough's Health
Inspector, any establishment in which there exists any unsanitary
conditions, or any condition or conditions that present a threat or
hazard to the health and well-being of the patrons of the establishment
or the citizens of the Borough, shall be given not less than one hour
nor more than one week notice to correct the improper condition or
conditions. Upon failure of the owner(s) to correct the improper condition
or conditions, an immediate closure of the business shall be ordered.
The Health Inspector shall immediately place at the entrance a sign
reading "Closed by the Health Inspector." Any establishment that continues
operation after the issuance of the closure order or which removes,
causes to be removed, or permits the removal of the aforementioned
sign by anyone except the Health Inspector shall be subject to a fine
of not less than $150 nor more than $300 for each day that the offense
continues, together with the costs of prosecution. In default of payment
of fine and costs, the owner may be imprisoned for 15 days for each
day of the violation. The Health Inspector shall remove the above-referenced
sign whenever the improper conditions have been removed.
(B) Right to appeal. Any person directly affected by a decision of the
Health Inspector or a notice or order issued under this section, shall
have a right to appeal to the Borough Council and be afforded a hearing
in accordance with Local Agency Law, 2 Pa.C.S.A. §§ 551
et seq., provided that a written application for appeal is filed within
20 days after the day that the decision, notice or order was served.
The Borough Council shall meet within 10 days of the filing of the
appeal. An application for appeal shall be based on a claim that the
true intent of the applicable laws and regulations have been incorrectly
interpreted, do not apply, or the requirements have adequately satisfied
by other means. The appeal will not stay the enforcement of the notice
or order while the appeal is being heard by the Borough Council.