It is unlawful for any person, firm, association or corporation to maintain, conduct, carry on, or manage a restaurant, place or kitchen where foodstuffs are cooked, prepared, sold, or disposed of for human consumption, unless the doors, windows, apertures or other openings to the premises are effectively guarded, by screening or otherwise, against the entrance of flies.
(Prior code § 5-4.01)
It is unlawful for any firm, association or corporation, or for any person, to maintain, conduct, carry on, or manage a meat market, fruit store, vegetable store, poultry store, delicatessen store, or bakery store, where food is offered for sale or disposed of for human consumption, unless all doors, windows, apertures and other openings to the premises are effectively guarded by screening or otherwise, against the entrance of flies, and unless the food so offered for sale or disposed of is kept within the doors of the premises. Provided, however, that this section shall not apply to those who sell or offer for sale fruit solely in original covered or unbroken packages, nor to bananas, pineapples, oranges, lemons or other citrus fruits, or fruits or vegetables whose rind or skin must be removed before eating.
(Prior code § 5-4.02)
No person shall expose or offer for sale or sell for human food any blown, meager, diseased or bad meat, poultry or game, unsound, diseased or unwholesome fish, meat, vegetables or other market product, or bring within the city for sale, or sell, any sick or diseased animal that died a natural or accidental death.
(Prior code § 5-4.03)
Any article or animal that shall be offered for sale or exhibited in any market or elsewhere as though it were intended for sale, shall be deemed offered and exposed for sale within the intent and meaning of Section 8.04.030.
(Prior code § 5-4.04)
Any person who in violation of Section 8.04.040 shall bring within the town, slaughter or sell or expose for sale any article or animal which is unfit or unsafe for human food shall forfeit the same to the city, and the chief of police shall seize and forthwith remove the same, at the expense of the owner, in such manner and under such directions of the board of health as will insure the safety and protection of the public health.
(Prior code § 5-4.05)
It is unlawful for any person, firm, association or corporation to place or dump on any lot, land, street, or in any water or waterway, within the limits of the city of Sunnyvale any house refuse, butcher's offal, garbage, refuse, filth, sludge, bones, putrid vegetable matter, manure, paper, feathers, straw, broken glass or rubbish or debris of any description, except in such places as may be designated by the city council as a garbage dump, and subject to the rules, regulations, supervision and control of the board of health. It is unlawful for the owner or occupant of any lot, premises or building to allow or permit any such material to accumulate on the premises, lot or in the building so owned or occupied, in such manner as to form a rubbish heap on the premises or lot, or in the building, but this provision shall not apply to building material under a building permit, nor to wood or fuel neatly piled or heaped for household or manufacturing use.
(Prior code § 5-4.06)
It is unlawful for the owner or occupant of any store to allow or permit any loose or waste paper, or loose or waste straw or hay, or excelsior, or rubbish of any kind to remain in the rear of or about such store for more than forty-eight hours.
(Prior code § 5-4.07)
It is unlawful for the owner, lessee, tenant or occupant of any stable, stall, pen, yard, or apartment in which any horse, cow, fowls, or other animals shall be kept, or of any place in which the manure or liquid discharge to remain for a longer period than twenty-four hours before disposing of the same as required by this chapter, and it is unlawful for the owner, lessee, tenant or occupant of any such place to maintain the same except in a cleanly and wholesome condition. It is unlawful to maintain or keep any swine within three hundred feet of any occupied dwelling house.
(Prior code § 5-4.08)
All manure or discharge mentioned in Section 8.04.080 must be disposed of within twenty-four hours of the time of deposit either by hauling the same away, as hereinafter provided, or by placing the same in a sanitary and fly-tight box or receptacle. It is unlawful for any person to deposit or keep any such matter in any such box or receptacle until the box or receptacle shall first have been examined by the board of health or its authorized agent, and written permission to use the same given by the board of health. It is likewise unlawful to use any such box or receptacle in such manner as to render the same unsanitary or to permit access thereto by flies, or to use any such box or receptacle after the board of health shall have revoked, in writing, its permission to use the same. Any person keeping two or less horses, cows, or other animals on the premises shall have the manure removed at least once a week; any person keeping more than two of such animals and not more than ten shall have the manure removed twice a week; and any person keeping more than ten of such animals shall have the manure removed three times a week. All manure not utilized for the fertilizing of gardens or lawns within the city limits or other place, shall be disposed of by the owner or occupant of the premises where it accumulated by hauling the same to the public dump or to such other point as the board of health may direct. It is unlawful to haul such manure in such manner that any of the same shall drop upon the streets.
(Prior code § 5-4.09)
It is unlawful for the owner or occupant of any premises upon which any cesspool or privy is maintained to permit or allow the same to reach a condition where odors emanating therefrom shall become perceptible outside of such premises, or to maintain the same in such manner that flies may have access to the matter deposited therein.
(Prior code § 5-4.10)
It is unlawful for any person, firm, association or corporation, to maintain or use any barn, corral, stable, chicken or pigeon houses or pens, in which animals or fowls are kept within forty feet of the dwelling house or business premises of another, unless the written permission of the board of health to use or maintain such barn, corral, stable, chicken or pigeon houses or pens, shall have first been obtained, and such permission may be revoked at any time by the board of health, with or without cause.
(Prior code § 5-4.11)
It shall be the duty of the health officer of the county of Santa Clara to enforce the provisions of this chapter. The director of public safety also is authorized to enforce the provisions of this chapter. Any and all investigating officials shall have the right to enter business establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with health regulations. A warrant shall be obtained whenever required by law.
(Prior code § 5-4.12; Ord. 2422-92 § 4)