No person shall engage in the business of removing
fat, bones or refuse from any butcher shop, meat market or other food
establishment without first having obtained from the Division of Health
a license for that purpose.
[Amended 10-13-1992 by Ord. No. 2375]
The fee for a license to conduct the removal of fat, bones and refuse shall be as set forth in Chapter 145, Fees. The fee is intended to be an annual fee but, when paid, shall cover only the balance of the calendar year during which the same is paid or payable.
No fee for any license issued under this article
shall be required of any person declared by state law to be exempt
from the payment of any such fee.
All applications for licenses required by this
article shall be made at the Office of the Division of Health during
regular office hours, and the fees for every license shall be paid
in advance at the time of making the application therefor.
The granting of any license may be withheld
at the direction of the Division of Health, pending examination, investigation
or inspection of the person who or the premises which may be the subject
matter of the license under consideration.
All licenses issued under this article shall
be valid only for the balance of the calendar year in which they are
issued unless otherwise provided in this article. No such license
shall be transferable or assignable.
The Division of Health shall evidence the granting
of any license issued by furnishing to the licensee a suitable card,
sign, placard, disc, plate or other writing which shall convey information
concerning the nature of such license, the serial number of the same,
the name of the person to whom the same has been issued, the year
in which the same is so issued, the premises or vehicle so licensed,
if that be material or required, and such other information as the
Division may deem pertinent.
Every license issued by the Division of Health
shall be displayed in a conspicuous place in the establishment, premises
or other place for which the same is issued and shall likewise be
so displayed on every vehicle or conveyance so licensed for the period
that such license shall be in force unless the Division shall otherwise
prescribe.
A.
Every license issued under this article may, at any
time during the term for which the same is so issued, be suspended
by the Division of Health or in an emergency by the Health Officer,
pending a hearing to be granted the holder thereof pursuant to a notice
to show cause by the Division why such license should not be suspended
further or revoked.
B.
No such license shall be suspended unless the Health
Officer shall file with the Division a complaint or charges evidencing
one or more violations of this article under which such license was
originally issued.
C.
Every suspension ordered under this section shall
automatically terminate two weeks from the date thereof unless the
continuance of such suspension shall be ordered by the Division, and
then such suspension shall continue only during the period of any
such continuance so ordered by the Division.
D.
During the period of any such suspension or ordered
continuance thereof, every license so suspended shall be ineffective,
and the holder there of shall, during the entire period of each suspension,
cease the operation of any business or discontinue every activity
or use permitted under the license suspended.
A.
Any license issued under the provisions of this article
may be revoked at any time by the Division of Health for just cause
or if the licensee or any of the employees, agents or servants of
such licensee shall violate:
B.
Before any license may be revoked, the holder thereof
shall be given a hearing and an opportunity to be heard on the complaint
made or violation charged against him.
C.
The time and place for such hearing shall be fixed
at the discretion of the Division, provided that an unreasonable time
shall not be permitted to elapse between the date of any suspension
of license and the date fixed for the hearing.
D.
Notice of the time and place of any hearing held under
this section shall be given by the Division to the holder of the license
so involved, in writing, and served either personally or sent to him
by registered mail, addressed to him at the address stated in the
license.
E.
A licensee who fails to appear at the time and place
fixed for such hearing shall not be entitled to any further hearing,
and in that event his license may, as a matter of course, be forthwith
revoked.
A.
At least once every three months the Health Officer
shall inspect all establishments licensed under the provisions of
this article. In case the Health Officer discovers the violation of
any item of sanitation, he shall make a second inspection after the
lapse of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance
with the requirements of this article. Any violation of the same item
of this article shall call for immediate suspension of license.
B.
A copy of the inspection report shall be filed and
kept by the establishment for a period of one year, and the original
shall be filed in the records of the Division of Health.
C.
The person operating the establishment shall, upon
request of the Health Officer, permit access to all parts of the establishment.
A.
Except as otherwise provided in this article, any
person who shall: do or commit any act prohibited by the terms of
the Article; or do or commit any act for which a license is required
without having secured and being in possession of a valid license
at the time of the doing or commission thereof; or omit to do or perform
any act required by him to be so done or performed by this article;
or maintain any place, establishment, vehicle, conveyance, equipment
or article in violation of any of the provisions of this article;
or fail to maintain any condition, equipment or facility required
to be maintained by this article; or fail to install any article of
a particular type, kind, quality or specification where such installation
is required; or in any manner, by deed, act, act of commission or
act of omission, violate any one or more of the provisions of this
article; shall, upon conviction thereof or upon conviction of any
violation of the provisions hereof, be subject to a penalty or judgment
of not more than $100 and, upon conviction and refusal or neglect
to pay the amount of such penalty or judgment, to be committed to
the county jail for a period of time not exceeding 90 days or, if
he shall have been twice convicted within the space of six months
of the violation of this article and due proof of that fact is made,
he may be imprisoned in the county jail or county workhouse for any
number of days not exceeding one day for each dollar of the penalty
in addition to the imposition of the penalty prescribed above, all
in the discretion of the Municipal Judge or other officer before whom
the complaint shall be brought.
B.
In the event that any violation of this article shall
also be a violation of a state law for which is provided a greater
penalty or judgment than that contained in this section, the Municipal
Judge or trial judge before whom any complaint is brought based upon
such violation shall in his discretion have the right to impose, in
the place and in lieu of any penalty provided for herein, that so
provided in the state law which has been so violated.
All containers used for the collection and removal
of fat, bones or other refuse from any meat market, butcher shop or
other establishment shall be made of metal and with suitable tight-fitting
covers.
A.
All vehicles used for the collection or transporting
of any such fat, bones or refuse shall be fully closed, excepting
when engaged in the actual collection thereof.
B.
No vehicle used in any business permitted by this
article under a license granted by the Division of Health shall remain
or be permitted to remain in any place for any period longer than
that necessarily required to transact the particular business for
which a license was issued.
[Added 9-13-1988 by Ord. No. 2178]
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter before, during or after completion of any
construction or demolition project. It shall be the duty of the owner,
agent or contractor in charge of a construction site to furnish containers
adequate to accommodate flyable or non-flyable debris or trash at
areas convenient to construction areas and to maintain and empty the
receptacles in such a manner and with such a frequency as to prevent
spillage of refuse.
