Township of Lower Merion, PA General Provisions

The following words and terms used in this Health Code, unless a different meaning is plainly required by the context or a different meaning is stated in any of the several articles, shall have the following meanings:

ADEQUATE

Suitable for the specific purpose and efficiently operated or sufficiently furnished to accomplish acceptable results without undue loss of time.

APPROVED

Accepted as satisfactory to the Director of Building and Planning.

[Amended 9-19-1984 by Ord. No. 2058; 1-18-2006 by Ord. No. 3768]

APPROVED LABORATORY

A laboratory approved by the Secretary of Health of the Secretary of Agriculture, or both, where applicable, and which is properly equipped and staffed.

BOARD

The Board of Commissioners of the Township of Lower Merion.

[Amended 1-18-2006 by Ord. No. 3768][1]

CIGARETTE VENDING MACHINE

Any mechanical, electrical or electronic self-service device which, upon insertion of money or any other form of payment, dispenses tobacco or tobacco products either exclusively or as one kind of available item.

[Added 1-19-1994 by Ord. No. 3345]

CLEAR AREA

The area adjacent to street furniture as required for a clear path of travel or for maintenance or access as defined in the general regulations of this chapter.

[Added 6-15-2005 by Ord. No. 3745]

CLEAR PATH OF TRAVEL

A route for use by pedestrians and wheelchair users that provides a minimum of four feet of free and unobstructed access to and egress from a building, area, street furniture or location. A four-foot clear path for pedestrian passage shall also be provided across the entire width of the property.

[Added 6-15-2005 by Ord. No. 3745[2]]

DRINK

Any liquid substance, except a drug, used or intended to be used for human consumption.

EATING AND DRINKING PLACE

Any establishment so defined in Article III of this chapter.

[Added 11-18-1987 by Ord. No. 3069]

ELEVATOR

A car or cage in which persons are raised or lowered vertically between permanent rails or guides.

[Added 12-16-1987 by Ord. No. 3074]

EMPLOYEE

Any person so defined in Article III of this chapter; in addition, the term "employee" shall include any person whose services are hired by any employer in consideration of direct or indirect monetary wages or profits when the term "employee" is used in connection with the regulation of smoking.

[Added 12-16-1987 by Ord. No. 3074]

EMPLOYER

Any person who employs the services of any other individual person.

[Added 12-16-1987 by Ord. No. 3074]

ENCLOSED

Closed in by a roof and walls completely surrounding the space with appropriate openings for ingress and egress. The term "enclosed" shall not mean areas otherwise defined as public lobbies.

[Added 12-16-1987 by Ord. No. 3074]

ENHANCEMENTS

For the purposes of this chapter, any outdoor dining furniture including chairs, tables, umbrellas, planter pots or boxes, and temporary railings located in the public right-of-way.

[Added 6-15-2005 by Ord. No. 3745]

FOOD

Any substance, except a drug, used or intended to be used for human consumption.

FOOD HANDLER

Any person who handles food or drink during storage, manufacture, preparation, handling, sale or serving in such a manner that some portion of the clothing or body of such person may come in contact with such food or drink or with utensils used in connection therewith.[3]

INDUSTRIAL ESTABLISHMENT

Any premises manufacturing or otherwise processing materials for sale or for use in connection with the business of the establishment or as a service to the public.

MILK CONTROL OFFICER

[Repealed 9-19-1984 by Ord. No. 2058]

MINOR

A person under the age of 18 years.

[Added 1-19-1994 by Ord. No. 3345]

MONITOR

To continuously view and control the operation of cigarette vending machines in the ordinary course of business to prevent a sale to a minor from occurring.

[Added 1-19-1994 by Ord. No. 3345]

NUISANCE

A public nuisance prejudicial to public health and includes but is not limited to the dumping, storing or accumulating of used goods and materials on public or private property except when the same are stored in closed containers. Used goods and materials shall include but not be limited to tires, machinery and equipment, paper, cans, garbage and trash.

OBSTRUCTION

Temporary or permanent objects that might restrict pedestrian travel and access within the public right-of-way. Obstructions include but are not limited to fire hydrants, lamp posts, trees, tree wells, parking meters, street furniture, trash receptacles, kiosks, utility pedestals, newspaper racks, freestanding signs, articles of display, outdoor dining area furniture, bus benches and bus shelters.

[Added 6-15-2005 by Ord. No. 3745]

OCCUPIED

The use of a work area by employees for working purposes.

[Added 12-16-1987 by Ord. No. 3074]

OUTDOOR DINING AREA

Any temporary dining area in the public right-of-way or on private property that is not considered to be an "enclosed" space.

[Added 6-15-2005 by Ord. No. 3745]

OWNER

The owner or owners of any building or structure, whether an individual, firm, corporation, association or partnership.

PERISHABLE FOOD

Raw fruits and vegetables, live seafood other than soft-shell clams and mussels, or any food or drink of such type or in such condition as may spoil.

[Added 9-19-1984 by Ord. No. 2058]

PLUMBING INSPECTOR

The Plumbing Inspector of the Township of Lower Merion or his duly authorized agent.

POTENTIALLY HAZARDOUS FOOD

Any food or drink which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods or drinks which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.

[Added 9-19-1984 by Ord. No. 2058]

PUBLIC

All persons, including but not limited to business invitees, licensees, guests and public and private school students.

[Added 12-16-1987 by Ord. No. 3074]

PUBLIC BUILDING

Any building or group of buildings or portion of a building owned, leased, rented or occupied by any public agency, which building is open to the public for the purpose of conducting business with the agency or for public gatherings of any character.

PUBLIC CONVEYANCE

Any and all motor vehicles which for compensation provide service to the public for the transportation of passengers, including buses and taxicabs.

[Added 12-16-1987 by Ord. No. 3074]

PUBLIC PLACE

Any premises, building or establishment which is freely accessible to a considerable number of persons, other than employees of the place, for purposes of assembly, and includes, among others, parks, playgrounds, public buildings, schools, colleges, libraries, museums, exhibition buildings, lecture halls, assembly halls, dance halls, theaters, bathhouses, stadiums, passenger stations, bowling alleys, skating rinks, auditoriums, clubs and restaurants.

PUBLIC RIGHT-OF-WAY

That portion of a property dedicated to the Township and/or Commonwealth of Pennsylvania for streets, curbs, sidewalks and other public improvements. For the purposes of this chapter, the public right-of-way where streetscape enhancements may be located shall include only that portion between the curb and the property line, or where there is no curb, between the outer edge of the roadway and the property line.

[Added 6-15-2005 by Ord. No. 3745]

SECRETARY OF AGRICULTURE

The Secretary of Agriculture of the Commonwealth of Pennsylvania.

SECRETARY OF HEALTH

The Secretary of Health of the Commonwealth of Pennsylvania.

SMOKING

As commonly understood and including the carrying of a lighted cigarette, pipe or cigar or the use of any math, spark, flame or fire-producing device for the purpose of lighting any cigarette, pipe or cigar.

[Added 12-16-1987 by Ord. No. 3074]

STREET FURNITURE

Items such as utility boxes or poles, bus benches or shelters, newsracks, mailboxes, street trees, lamp poles or parking meters.

[Added 6-15-2005 by Ord. No. 3745]

TOBACCO PRODUCT

Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

[Added 1-19-1994 by Ord. No. 3345]

TOWNSHIP

The Township of Lower Merion, Montgomery County, Pennsylvania.

[Added 11-18-1987 by Ord. No. 3069]

WORKPLACE

Any enclosed area of a structure or portion thereof where one or more persons are employed.

[Added 12-16-1987 by Ord. No. 3074]

[1]

Editor’s Note: The former definitions of “bulk food,” added 9-19-1984 by Ord. No. 2058, and “caterer,” added 10-17-2001 by Ord. No. 3621, which immediately followed this definition, were repealed 1-18-2006 by Ord. No. 3768.

[2]

Editor’s Note: The former definition of “Director of Health,” which immediately followed this definition, was repealed 1-18-2006 by Ord. No. 3768.

[3]

Editor’s Note: The former definitions of “food service establishment,” added 11-18-1987 by Ord. No. 3069, and “indoor areas open to the public,” added 12-16-1987 by Ord. No. 3074, which immediately followed this definition, were repealed 1-18-2006 by Ord. No. 3768.

The masculine shall include the feminine, and the neuter and the single shall include the plural.

[Added 11-18-1987 by Ord. No. 3069]