[Ord. 96-7, 10/17/1996, Part I]
1. Powers and Duties. The Health Officer shall have and exercise all
the authority and perform all the duties conferred upon him by the
laws of this Borough, by the laws of the Commonwealth of Pennsylvania,
the rules and regulations of the Pennsylvania Department of Environmental
Protection and federal public health agencies; and shall have all
such powers relating to the abatement of nuisances prejudicial to
the public health and the enforcement of remedies and infliction of
penalties in connection therewith as are vested by law in the Council
of the Borough of Hummelstown.
2. Appointment of Health Officer. The Borough Council of the Borough
of Hummelstown shall have the authority to appoint a Health Officer
as an employee of the Borough. Any Health Officer appointed by Borough
Council shall be currently licensed by the Pennsylvania Department
of Health.
3. Enforcement of Regulations. The Health Officer, with the advice,
consent and approval of Borough Council, shall promulgate such rules
and regulations as may become necessary from time to time to enforce
the provisions of this Part. Borough Council hereby adopts the "1995
FDA Food Code" for inspecting eating or drinking places within the
Borough.
[Ord. 96-7, 10/17/1996, Part II; as amended by Ord. No. 2021-2, 2/8/2021]
1. Definitions.
EATING OR DRINKING PLACE
Any establishment in a fixed location within the Borough
of Hummelstown where food, foodstuff or beverage is served or provided
for human consumption, with or without charge, including, among other
establishments, hotels, restaurants, cafes, cafeterias, clubs, boardinghouses,
ice cream parlors, soda water or soft drink fountains, and bars or
taverns.
FOOD TRUCK
A mobile vehicle or trailer from which food or beverage is
served. Food carts, stands, and/or similar facilities from which food
or beverage is served are not considered food trucks.
PROPRIETOR
Any person, partnership, association or corporation conducting
or operating within the Borough of Hummelstown an eating or drinking
place.
SPECIAL EVENT
A one-time or infrequently (one per month maximum) occurring
event outside normal programs or activities of the sponsoring or organizing
body. A special event provides guests a leisure, social or cultural
experience outside the normal range of choices. Special events may
include but are not limited to municipal festivals, school district
events, events of nonprofit organizations and public block parties.
Week-long carnivals and private events not open to the public are
not considered special events.
2. Standards for Operation of Food Establishments. Proprietors shall
not operate or conduct an eating or drinking place or food truck within
the Borough, except in a clean and sanitary manner, and all foods
and beverages shall be clean, wholesome, free from spoilage, free
from adulteration and safe for human consumption. The Health Officer
is hereby empowered to promulgate rules and regulations in furtherance
of this provision with the advice, consent and approval of Borough
Council.
3. License Required for Operation of Food Establishment. It shall be unlawful for any proprietor to operate an eating or drinking place, as defined in §
10-601 hereof, in the Borough of Hummelstown without having first obtained a license to do so from the Health Officer of the Borough of Hummelstown and paying therefor an annual fee in the amount to be fixed from time to time by resolution of Borough Council. Food trucks may be licensed by the Borough or the Pennsylvania Department of Agriculture.
4. Inspections
Authorized, Revocation of License.
A. Licensed eating or drinking places or food trucks may be inspected
and food or beverage examined by licensor as often as may be necessary
for cleanliness, sanitation and freedom from adulteration.
B. If the Health Officer shall find on the premises of any licensed
establishment or food truck any violation of any applicable rule or
regulation of this Borough or the Commonwealth of Pennsylvania, he
shall serve upon the proprietor of such establishment or food truck
a notice setting forth the violation and directing that it be corrected
within 10 days. If the proprietor shall fail to correct any such violation,
within the time prescribed, the Health Officer may revoke or suspend
the license of the establishment or food truck until such time as
they are brought into full compliance with all applicable rules and
regulations.
C. Food
truck proprietors who provide proof of a current Pennsylvania Department
of Agriculture license to operate a retail food facility may be exempt
from inspection and licensing by the Borough Health Officer. All other
food trucks must be licensed and inspected by the Borough Health Officer
and are subject to a food and beverage license fee.
5. Food Truck Regulations. Food trucks operating within the Borough
must comply with the following requirements:
A. Food trucks are only permitted to operate at special events.
B. Only Borough-sponsored special events may take place on public streets
of the Borough, with the exception of neighborhood block parties.
If said block parties are to have food trucks, they must be approved
by the Borough Manager and the Chief of Police and may not be held
within 300 feet of an eating or drinking place.
C. If a food truck operates at a special event on a public street of
the Borough, the proprietor must provide a certificate of liability
insurance for the special event, naming the Borough as an additional
insured, with $1,000,000 coverage for auto liability and $2,000,000
coverage for general liability.
D. Any alcohol sales from a food truck must comply with all Pennsylvania
Liquor Control Board regulations and be approved by the Borough.
E. Food carts and stands at special events and carnivals open for that
event only shall not be subject to any regulations under this chapter.
F. Food trucks operating at private events, which are not open to the
public, shall not be subject to any regulations under this chapter.
6. Penalty for Violation. Any proprietor of any food establishment who
shall violate any provision of this Part may, upon conviction thereof,
be sentenced to pay a fine of not less than $100 nor more than $500
and costs of prosecution, or, in default of payment of such fine and
costs, to be imprisoned for not more than 30 days.
[Ord. 96-7, 10/17/1996, Part III]
1. Availability of Remedies. The remedies set forth herein for the enforcement
of this Part shall not be deemed to be mutually exclusive or to preclude
resort by the Borough to any other remedy provided by law; rather,
the remedies set forth herein or any other remedy provided by law
may be employed simultaneously or consecutively at the option of the
Borough.
2. Severability. The provisions of this Part are severable, and if any
section, provision or Part thereof shall be held invalid, unconstitutional
or inapplicable in particular circumstances, such shall not affect
or impair the remaining provisions of this Part.