chapter 6 health and sanitation - city of west€¦ · sec. 6.04.005 restrictions on establishments...

CHAPTER 6

HEALTH AND SANITATION

ARTICLE 6.01 GENERAL PROVISIONS*

(RESERVED)

ARTICLE 6.02 HOSPITAL AUTHORITY†

Sec. 6.02.001 Created

It is to the best interest of the city and its inhabitants to create a hospital authority to be

comprised of the territory included within the boundaries of the city, and said hospital authority

is hereby created and the same shall be a body politic and corporate under the name of “West

Hospital Authority,” which is hereby designated as the name by which said hospital authority

shall be known. (Ordinance adopted 12/6/1976, sec. 1)

Sec. 6.02.002 Board of directors

The hospital authority shall be governed by a board of directors consisting of ten members. Each

of said directors shall, unless other provision is made in the bond resolution or trust indenture

executed in connection with the issuance of bonds as provided in the Hospital Authority Act or

some other provision of said act, serve for a term of two years and until their successors have

been appointed by the governing body of the city and have duly qualified. Each of the directors

appointed shall qualify by executing the oath of office required of appointed officials of the state.

(Ordinance adopted 12/6/1976, sec. 2)

Sec. 6.02.003 Powers

In accordance with the foregoing, the hospital authority is authorized to transact business and

exercise its powers pursuant to the Hospital Authority Act of the state. (Ordinance adopted

12/6/1976, sec. 3)

ARTICLE 6.03 TOBACCO PRODUCTS**

Sec. 6.03.001 Smoking or use of smokeless tobacco products in city buildings or city

vehicles

(a) It shall be unlawful for any person to smoke or use smokeless tobacco products in any

municipal building (property owned by the city) or any city-owned vehicles, unless such area has

been designated as a smoking area.

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(b) “Smoke or smoking” includes the carrying or holding of a lighted pipe, cigar or cigarette of

any kind, or any other lighted smoking equipment or device, and the lighting of, emitting or

exhaling the smoke of a pipe, cigar or cigarette of any kind.

(c) The violation of any provision of this section shall be unlawful and a misdemeanor offense;

each day a violation of this section continues shall constitute a separate offense.

(d) Nothing in this section excuses noncompliance with any state or federal law, city ordinance,

or any rule or regulation adopted pursuant thereto which prohibits smoking.

(Ordinance adopted 12/6/1994)

ARTICLE 6.04 FOOD ESTABLISHMENTS*

Sec. 6.04.001 Title

This article shall be titled “Food Establishment Code of the Waco-McLennan County Public

Health District.” (Ordinance 090106, sec. 2, adopted 1/6/2009)

Sec. 6.04.002 Definitions

In addition to the definitions found in the Texas Food Establishment Rules, the following words

and terms, when used in this article, shall have the following meanings, unless the context clearly

indicates otherwise:

DSHS. The department of state health services.

Food establishment. In addition to the definition found in the Texas Food Establishment Rules, a

food establishment includes an establishment that contains more than 100 square feet of display

space of commercially prepackaged food products, or licensed child care centers that care for

seven (7) or more children and which prepare food for consumption by the children other than

ready-to-eat food for snacks and drinks.

Frozen food. Food kept in a solid frozen state in cooling equipment that maintains an air

temperature of zero degrees Fahrenheit or below, except for defrost cycles and brief periods of

loading or unloading from the cooling equipment when the food temperature shall not exceed 41

degrees Fahrenheit.

Nonprofit organization. An organization with a 501(c)(3) exemption or an exemption as a

“church” in section 170(b)(1)(A)(I) of the Internal Revenue Code.

Regulatory authority. The Waco-McLennan County Public Health District.

(Ordinance 090106, sec. 3, adopted 1/6/2009)

Sec. 6.04.003 Penalty


A violation of this article shall be a misdemeanor, and the penalty for violating this article shall

be a fine in accordance with section 1.01.009 of this code, and each day a violation exists shall

be a separate offense. (Ordinance 090106, sec. 15, adopted 1/6/2009; Ordinance adopting Code)

Sec. 6.04.004 State rules adopted

For the purpose of regulating retail food service and retail food service establishments, the

department of state health services Texas Food Establishment Rules found in 25 Texas

Administrative Code, chapter 229, sections 161 through 171 and 173 through 175 (as currently

adopted or hereafter amended), copies of which are on file with the office of the city secretary,

are hereby adopted and made a part of the code as if fully set out herein, and the provisions

thereof shall govern all matters covered therein within the city, except those provisions which

may be in conflict with other provisions of the code or state law. (Ordinance 090106, sec. 1,

adopted 1/6/2009)

Sec. 6.04.005 Restrictions on establishments without proper cleaning and sanitizing

facilities

Food service establishments that do not have facilities for the proper cleaning and sanitizing of

utensils and food equipment shall not be allowed to prepare, package, or dispense any type of

packaged food (other than raw and uncut fruits and vegetables) or potentially hazardous food or

beverages. (Ordinance 090106, sec. 4, adopted 1/6/2009)

Sec. 6.04.006 Transportation of food and food equipment

All food transported or delivered from a food establishment to another place shall be protected

from contamination by the use of packaging or covered containers with lids, except for raw,

uncut fruits and vegetables. All food and food equipment being transported shall meet the

applicable requirements of the food establishment rules relating to food protection, food storage,

and food temperatures. Food and food equipment may not be transported exposed or open to the

elements. The compartment or area inside the vehicle that the food and food equipment is being

transported in shall be kept clean, free of accumulation of dust, dirt, food particles, and any other

debris. All surfaces of the compartment are to be smooth, durable, nonporous, and easily

cleanable. Articles not associated with the food and food equipment being transported are not to

be stored in the same compartment containing the food and food equipment. (Ordinance 090106,

sec. 5, adopted 1/6/2009)

Sec. 6.04.007 Customer restroom facilities

Restroom facilities, if provided for customers, or required to be provided by law, must meet all

of the provisions of the food establishment rules for restrooms, toilets, and hand wash facilities.

Customers may not enter food preparation, food storage, ware-washing, and security sensitive

areas of the food establishment to gain access to restroom facilities. (Ordinance 090106, sec. 6,

adopted 1/6/2009)

Sec. 6.04.008 Hand wash facilities

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Hand wash signs shall be posted and maintained to be easily readable at all hand wash sinks and

restroom facilities used by employees of a food establishment. When hand wash facilities are not

available at a bulk food display and self-service area, customers, upon request, are permitted

access to hand washing facilities located in employee restrooms, provided that access to

employee restrooms does not allow customers into unauthorized areas such as food preparation,

ware-washing, and security sensitive areas. (Ordinance 090106, sec. 7, adopted 1/6/2009)

Sec. 6.04.009 Mobile food establishments and roadside vendors

In addition to the requirements set forth in the Texas Food Establishment Rules, vehicles used

for and as a mobile food establishment or roadside vendor shall comply with the following:

(1) Identification. Each vehicle permitted as a mobile food establishment or roadside

vendor shall have printed on each side of the vehicle the name of the owner or the

assumed name under which the owner operates, together with the owner’s telephone

number. That lettering shall be not less than 2 inches in height and not less than 5/16

stroke in width. The lettering must be maintained and legible at all times. The

lettering shall be made in a permanent and durable material or manner. If faded or

chipped, the lettering shall be replaced or repaired.

(2) Permit required. A valid food establishment permit is required for each vehicle or

mobile unit. The permit must be visible to customers and inspectors at all times. If a

mobile food establishment operates its own central preparation facility, the central

preparation facility must be permitted separately.

(3) Cleanliness of vehicles. All vehicles shall be reasonably free of dirt or rubbish and

maintained in a clean and sanitary condition. The compartment(s) of the vehicle

carrying food and food equipment and the food contact surfaces and non-food-contact

surfaces of the food equipment used in and with the vehicle shall be maintained and

cleaned in accordance with the Texas Food Establishment Rules.

(4) Responsibilities of drivers. Drivers and assistants with the drivers are to adhere to

the same requirements as a food employee and have in their possession a valid food

handler certificate. The driver is responsible for maintaining the cleanliness of the

vehicle and food equipment as often as is necessary while on duty.

(5) Food equipment. Food equipment shall meet same design criteria and temperature

criteria as a regular food establishment. The vehicle shall be equipped with a

permanent power supply for the food equipment used for heating, cooking, cooling,

refrigeration, freezing and holding of hot and cold foods. Plug-in adapters to cigarette

lighters are not allowed.

(6) Additional requirements. Mobile food establishments and roadside vendors,

including snow cone stands, that prepare food on the vehicle or on location must also:

(A) Comply with all requirements of a food establishment, including hand wash

and dishwashing sinks, cleaning operations, hot water, and pest control.

(B) Have a letter of permission from the owner of the property upon which the

sales are to take place to operate from that location.

(C) Have a letter of permission from the owner of that property or immediately

adjacent to the property for use of restroom facilities.

(D) Comply with employee food education requirements for food handlers and

food managers as appropriate.


Sec. 6.04.010 Exemptions for certain temporary food establishments

Provided it is operated in full compliance with the provisions of this article and the Texas Food

Establishment Rules, a temporary food establishment permit is not required for events or

celebrations that meet one of the following conditions:

(1) The event is exclusively for specific identified participants of a specific group or

membership and not open to the general public.

(2) The meeting, function, event, or celebration is catered from a permitted food

establishment and does not require further food preparation on-site.

(3) The event is operated on the physical property of a permitted food establishment

by the permitted food establishment with support facilities for food services

operations available for use within the permitted food establishment.

(4) A fundraiser for nonprofit organizations is supervised by a certified food manager

or by a minimum of two individuals with food safety certification who must be in

charge and have authority and responsibility to correct problems or violations.

(5) A bake sale is conducted for a nonprofit organization consisting of only

nonperishable foods, such as cakes and cookies, but not including pies.

(6) The event provides only commercially prepackaged and no potentially hazardous

foods and beverages or dispensed beverages.

(7) The event provides only whole, uncut, fresh fruits and vegetables.

(8) The food and beverages are provided by a mobile vendor permitted by the

regulatory authority.


Sec. 6.04.011 Reinspection fee

If an establishment requires a reinspection for failure of the establishment to provide immediate

correction of multiple critical items or imminent health hazards, failure to correct violations

identified from the previous inspection, or when the total cumulative demerit values of an

inspection report exceeds thirty (30) demerits, a reinspection fee will be charged in the amount

set out in the fee schedule. Failure to pay the fee to the regulatory authority office before the

reinspection is due, or within five (5) calendar days in the case of the imminent health hazards or

major critical food violations, is a violation of this article. (Ordinance 090106, sec. 10, adopted

1/6/2009)

Sec. 6.04.012 Employee food education

(a) Food establishment employees.

(1) A food handler certificate must be obtained by any person employed in a food

establishment with duties that require the individual:

(A) To receive, handle, prepare, cook, display, serve, dispense or store food or

drink, whether food or drink is packaged or unpackaged, potentially hazardous

or not potentially hazardous; or

(B) To handle, store, or clean food equipment and rooms that contain food used

in the food establishment.

(2) Any person required to obtain a food handler certificate must do so within thirty

(30) calendar days of employment. The permit holder or person in charge of a food

establishment is responsible to ensure that an individual has obtained the food handler

certificate within the required time period.

(3) Persons not required to obtain a food handler certificate are persons whose only

duty is to:

(A) Cashier;

(B) Assist customers in carry-out of food items;

(C) Provide direct delivery of a food order;

(D) Assist children and infants with their foods or meals at a child care center;

(E) Volunteer at a temporary event or temporary fundraiser; or

(F) A person at a food establishment who volunteers for a particular event or

project no more than once a month.

(4) Persons possessing a food manager certification accredited by DSHS are not

required to obtain a food handler certificate.

(5) Food establishments selling only prepackaged foods and that do not dispense

foods and beverages are not required to have employees with food manager or food

handler certificates.

(6) To receive a food handler certificate, a person must pay a fee and successfully

complete the training class either over the Internet or in an instructor-conducted class.

The primary purpose of the class is to orient the person to food establishment

operations, sanitation, and employee practices. It is not a substitute for extensive

training, which is the responsibility of each food establishment’s permit holder,

manager, or supervisor.

(7) If a person holding a food handler certificate does not demonstrate acceptable

personal hygiene, food handling, or food safety practices to the satisfaction of the

regulatory authority, the person may be required to retake the class within seven (7)

calendar days.

(8) Food handler certificates must be on display in a conspicuous location at the food

establishment or readily available for review by the health inspector.

(9) Food handler certificates are valid for two years. Renewal requirements are the

same as that for the original certification.

(10) A child care food handler certificate may not be substituted for the food handler

certificate in any food establishment.

(b) Child care food employees.

(1) Any person employed at a child care center whose duties include the handling,

preparing, or cooking of food or cleaning of food equipment shall possess a child care

food handler certificate.

(2) Individuals who help serve or assist children and infants with their foods or meals

are not required to obtain a child care food handler certificate.

(3) To receive a child care food handler certificate, an individual must successfully

complete the child care food safety class.

(4) The requirements to obtain, maintain, or renew a child care food handler

certificate are the same as stated for a food establishment employee, unless

specifically stated otherwise in this section.

(5) A food handler certificate or food manager certificate is acceptable instead of a

child care food handler certificate at a child care facility.

(c) Food managers.

(1) All permanent and mobile food establishments that prepare, cook, serve, or hold

potentially hazardous foods, packaged or unpackaged, shall have an individual that

possesses a valid food manager certification on duty at the food establishment during

the hours that the foods are handled, prepared, cooked, or served. The certified food

manager shall have authority to oversee and implement procedures, requirements,

instructions, and other measures to provide for the safe storage, handling, preparation,

and serving of all food products and food equipment.

(2) A person employed to serve as a food manager who does not possess a food

manager certificate must acquire the certificate within thirty (30) calendar days of

employment. The food establishment permit holder or person in charge of the food

establishment is responsible to ensure that the person has obtained the required

certificate within that required time.

(3) Certification and recertification shall meet the criteria established by Texas Health

and Safety Code, chapter 438, subchapter D, and requirements established by DSHS.

(4) A person who possesses a valid food manager certification is not required to

obtain a food handler certificate or a child care food manager certificate.

(5) Food establishments that provide only commercially prepackaged foods

(including limited heating, dispensing, and preparing by the consumer) are not

required to have a certified food manager.

(d) Child care food managers.

(1) All child care centers shall have a person that possesses a child care food manager

certificate. The child care food manager must be on duty during the times that foods,

other than snacks, are handled, prepared, cooked, or served.

(2) To receive a child care food manager certificate, an individual must successfully

complete the training class provided by the Waco-McLennan County Public Health

District. Child care food manager certificates are valid for three years. Subsequent

renewal is by completing the training class again. The certificate must be on display

in a conspicuous location at the child care center.

(3) A person who obtains a child care food manager certificate is not required to

obtain a child care food handler certificate, food handler certificate, or food manager

certificate while employed at a child care center.

(4) A person who possesses a valid food manager certificate is not required to obtain

a child care food manager certificate.


State law references–Certification of food managers, V.T.C.A., Health and Safety Code, sec. 438.101 et seq.;

authority to require employment of certified food managers in certain establishments, V.T.C.A., Health and Safety

Code, sec. 437.0076.

Sec. 6.04.013 Food from establishments outside jurisdiction of regulatory authority

Food from food establishments outside the regulatory authority may be sold or served within the

jurisdiction of the regulatory authority if such food establishments conform to the provisions of

this food code and the Texas Food Establishment Rules, including permitting and transportation

requirements. A valid food establishment permit from the regulatory authorities in another

jurisdiction where such food establishment is located must be presented to the regulatory

authority. (Ordinance 090106, sec. 12, adopted 1/6/2009)

Sec. 6.04.014 Permit requirements

Food establishment permit requirements (including mobile, temporary, and other):

(1) Any person desiring to operate a food establishment must make a written

application for a permit on forms provided by the regulatory authority.

(A) The application must contain:

(i) The applicant’s first name,

(ii) An indication of whether such applicant is an individual, a business, or

a corporation;

(iii) The location and type of the proposed food establishment;

(iv) The applicable fee; and

(v) The signature of the applicant.

(B) If the application is for a temporary food establishment, it shall also include

the inclusive dates and times of the proposed operation.

(C) Failure to provide all information requested by the regulatory authority or

providing false information may result in denial or revocation of the permit. An

incomplete application will not be accepted.

(2) Renewals of permits are required on an annual basis, except for temporary

establishments.

(A) It is the responsibility of the applicant, owner, permit holder, or person in

charge of each food establishment to renew the permit before the expiration date

of the permit.

(B) The renewal must include any information that has changed from that

provided on the original application.

(C) Any owner, permit holder, or person in charge may be required to cease

operations or temporarily close, if found operating without a valid permit.

(3) Prior to the approval of an initial permit or the renewal of an existing permit, the

regulatory authority shall inspect the food establishment to determine compliance

with these regulations. A permit cannot be issued or renewed if the food

establishment has critical violations, imminent health hazards, or previously

identified violations not corrected. A permit will not be issued, renewed, or reissued if

required permit fees have not been paid or if any late or delinquency fees have not

been paid.

(4) Before issuing a permit, the regulatory authority may require an applicant to

provide plans of the food establishment prior to construction, extensive remodeling or

conversion of an existing structure. The plans must indicate the proposed layout,

equipment arrangement, mechanical plans, construction of materials of work areas,

and the type and model of proposed fixed equipment and facilities.

(5) The regulatory authority may charge and collect a fee for permits and permit

renewals in accordance with the approved fee schedule. Failure to submit an

application with the required fee for a temporary food establishment at least five

working days prior to the event or celebration will result in the assessment of a late

fee double the amount of the normal fee amount.

(6) A food establishment, except for a temporary food establishment, is not required

to obtain more than one permit for each location. Food establishments operating at

one location with a different management, ownership, or franchise are required to

obtain separate permits. Permits are required for each temporary establishment at

each location.

(7) A permit shall be for a specific food establishment at a specific location. Permits

are not transferable from location to location, except for mobile and roadside food

establishments.

(8) If an application for a permit is denied, the denial may be appealed in the same

manner as the revocation of a permit.


State law reference–Authority to require permit for food service establishment, etc., V.T.C.A., Health and Safety

Code, sec. 437.004.

Sec. 6.04.015 Suspension or revocation of permit

(a) Suspension of permit. A permit may be suspended temporarily by the regulatory authority for

failure of the permit holder or person in charge to comply with the requirements of these

regulations.

(1) Whenever a permit holder or person in charge has failed to comply with any

notice issued under the provisions of these regulations, the permit holder or person in

charge shall be notified in writing that the permit is immediately suspended upon

service of the notice and the operations of the food establishment affected by the

violations shall cease.

(2) Whenever the regulatory authority finds conditions in the operation of the food

establishment which in its judgment constitute a substantial or imminent health

hazard, the regulatory authority may issue a written notice to the permit holder or

person in charge citing such conditions, specifying the corrective actions to be taken,

and, if deemed necessary, stating that the permit is suspended and that all food service

operations are to be immediately discontinued.

(3) Any permit holder or person in charge to whom a suspension notice is issued shall

comply immediately therewith.

(4) The holder of the suspended permit will be provided with an opportunity for a

hearing if a written request for a hearing is filed with the regulatory authority within

five (5) calendar days of the notice of the suspension. If a hearing is not requested as

provided herein, the permit holder shall fully comply with the suspension order until

the permit is reinstated.

(b) Reinstatement of suspended permit. Any permit holder or person in charge whose permit has

been suspended, after making all corrections, may request a reinspection during normal business

hours of the regulatory authority for the purpose of reinstatement of the permit.

(1) A reinspection fee in accordance with the approved fee schedule must be paid to

the office of the regulatory authority before the reinspection will be performed.

(2) The regulatory authority will arrange a time with the permit holder or person in

charge to perform the reinspection.

(3) If the permit holder or person in charge has complied with the requirements of

these regulations, the permit shall be reinstated.

(c) Revocation of permit. For serious or repeated health hazards and violations of any of the

requirements of these regulations, or for interference with the regulatory authority in the

performance of its duties, the permit may be revoked.

(1) Prior to revocation, the regulatory authority shall notify the permit holder in

writing, stating the reasons for which the permit is subject to revocation and advising

that the permit shall be revoked at the end of five (5) calendar days following service

of such notice unless a written request for a hearing is filed with the regulatory

authority by the permit holder within such five (5) calendar day period.

(2) A permit may be suspended for cause pending its revocation or revocation hearing

or hearing relative to thereto.

(d) Appeals.

(1) The initial decision and notice by an inspector to suspend or revoke a permit may

be appealed to the supervisor over the inspector by giving five (5) calendar days’

written notice to the supervisor. The supervisor may either uphold, reverse, or modify

the decision of the inspector. If an appeal is not filed as provided herein, the decision

of the inspector is final and no further appeal will be considered.

(2) The decision of the supervisor over the inspector may be appealed to the director

of the regulatory authority by filing a written notice of appeal with the director within

five (5) calendar days of the initial appeal decision. The director of the regulatory

authority may either uphold, reverse, or modify the decision to suspend or revoke the

permit. If an appeal is not filed as provided herein, the decision of the supervisor is

final and no further appeal will be considered.

(3) The decision of the director may be appealed to the city manager by filing notice

of the appeal with the city manager within five (5) calendar days of the director’s

decision. The city manager may either uphold, reverse, or modify the decision of the

director. If an appeal is not filed as provided herein, the decision of the director is

final and no further appeal will be considered.

(4) The decision of the city manager is final.

(e) Hearings.

(1) A hearing provided for in this section shall be conducted at a time and place

designated by the party conducting the hearing. A hearing shall be conducted as soon

as possible after a written request for a hearing.

(2) Based upon the record and information and evidence presented during the hearing

and these regulations, the party conducting the hearing shall make a finding and shall

either uphold, reverse, or modify the prior decision to suspend or revoke the permit.

(3) Written notice of the hearing decision shall be furnished to the permit holder.

(4) If the decision results in revocation of the permit, the permit holder may not apply

for the new permit for one calendar year from the date of the decision at any location

within the jurisdiction of the regulatory authority.

(f) Counting days. When counting the calendar day time period specified in this section, if the

final day is a Saturday, Sunday, or holiday for the regulatory authority, then the time period ends

on the next day that is not a Saturday, Sunday, or holiday for the regulatory authority.


Sec. 6.04.016 Fee schedule

(a) Permit fees (renewed annually using same fee schedule):

(1) Seating capacity:

Seating Capacity

1 - 30 $100.00

31 - 100 $200.00

101 or more $325.00

(2) If no seating in food establishment, fee based on square footage of building:

Less than 2,500 square feet $100.00

2,501 - 10,000 square feet $200.00

10,001 or more square feet $325.00

(3) Mobile food vendor: $100.00 per vehicle/unit.

(4) School food service: Based on square footage of kitchen/food operation areas

only.

(5) Late payment fee: $10.00 per month.

(6) Reinspection fee: $50.00.

(7) Reinstatement of suspended permit: $50.00.

(8) Temporary food establishment permits:

(A) Events 1 to 14 days: $35.00 each.

(B) Events with an event coordinator: $100.00, no limit on number of vendors.

(C) Late payment fee: Double normal fee amount.

(b) No fee for a permit is required for food establishments that are 501(c)(3) nonprofit

organizations or a religious organization defined as a church in section 170(b)(1)(A)(I) of the

Internal Revenue Code.

(c) Food safety class (for food employees): $20.00 per student.

(d) Child care food worker class: $20.00 per student.

(e) Child care food manager class: $40.00 per student.

(f) Food manager certification course: $95.00 per student.

(g) Duplicate copy of any food class certificate: $1.00.

(h) Copy of the Texas Food Establishment Rules (TFER) (one complimentary copy provided per

establishment): $10.00.

(i) Heimlich Maneuver poster (one complimentary poster provided per establishment): $5.00.

(Ordinance adopted 7/6/2004)

ARTICLE 6.05 PUBLIC AND SEMI-PUBLIC SWIMMING POOLS AND SPAS*

Sec. 6.05.001 Adoption of state standards

For the purpose of regulating pools and spas, Texas Administrative Code, title 25, Health

Services, part I, Department of State Health Services, chapter 265, General Sanitation,

subchapter L, Standards for Public Pools and Spas, as currently adopted or as may be amended in

the future, is hereby adopted and made a part of this article as if fully set out herein. Those

provisions shall govern all matters covered therein within the city, except those provisions which

may be in conflict with other provisions of this article or state law, and may be referred to jointly

below as the “standards.” (Ordinance 080603-A, sec. 1, adopted 12/1/2009)


Bathhouse. A structure which contains dressing rooms, showers, and toilet facilities for use with

adjacent public or semi-public spas or pools.

Director. The director of the Waco-McLennan County Public Health District, or his/her

designated representative.

Existing pool. A pool whether installed or constructed before or after October 1, 1999.

Health district. The Waco-McLennan County Public Health District.


Permit holder. The person or entity (corporation, partnership, etc.) in whose name the permit for

the pool or spa is issued. A permit may be issued to the owner or operator of the pool or spa. The

owner or operator is the fee title holder of the property upon which the pool or spa is located,

and/or business manager, complex manager, property owners’ association manager, rental agent,

or other individual who is in charge of the day-to-day operation or maintenance of the property.

The owner/operator is responsible to ensure that the pool or spa and associated facilities comply

with state and local pool or spa design, construction, operation, and maintenance standards.

Pool deck. The area immediately around the pool which is usually paved but may be of wood or

another surface.

Pool manager of operations. The person designated by the permit holder to operate or maintain

any pool or spa pursuant to this article.

Regulatory authority. The Waco-McLennan County Public Health District.

Spa. A public or semi-public spa as defined by the standards, and does not include a residential

spa under the control of a property owner or the owner’s tenant that is intended for use by not

more than two resident families and their guests, including a spa serving only a single-family

residence or a duplex.

Swimming pool. A public or semi-public pool as defined by the standards, and does not include a

residential pool under the control of a property owner or the owner’s tenant that is intended for

use by not more than two resident families and their guests, including a pool serving only a

single-family residence or a duplex.

(Ordinance 080603-A, sec. 2, adopted 12/1/2009)

Sec. 6.05.003 Penalty; provisions cumulative

(a) A violation of this article shall be a misdemeanor, and the penalty for violating this article

shall be as provided for in accordance with section 1.01.009 of this code, and each day a

violation exists shall be a separate offense.

(b) The provisions of this article are to be cumulative of all other ordinances or parts of

ordinances governing or regulating the same subject matter as that covered herein.

(Ordinance 080603-A, sec. 10, adopted 12/1/2009; Ordinance adopting Code)

Sec. 6.05.004 Responsibility for enforcement

(a) The environmental health division of the Waco-McLennan County Public Health District

shall have enforcement responsibility of this article.

(b) To defray the reasonable cost of administering this article, the health district shall require fees

to be paid according to the fee schedule approved by the city council.



Sec. 6.05.005 Permit required

(a) No person shall operate or maintain a public or semi-public swimming pool or spa without

first obtaining a permit to operate such pool or spa from the health district, environmental health

division. Application shall be made on a form provided by the environmental health division and

shall be submitted with the applicable permit fee. A separate application must be filed for each

pool or spa circulation system and each application must be accompanied by the applicable fee.

Where a pool, including wading pool, or spa operate on the same circulation system, only one

permit shall be required. Such permits shall be valid for one year unless revoked or suspended

for cause. Only persons who comply with these regulations shall be entitled to receive and retain

such permits. The permit shall be posted in conspicuous location visible to the users of the

swimming pool or spa.

(b) In order to continue operation of the pool or spa, a permit renewal application must be filed at

least thirty (30) days prior to the expiration of a permit. If the permit renewal cannot be

completed in advance of the expiration date because of repairs or modifications that are required,

the pool or spa may not be used after the permit expires until the renewal permit is issued.

(c) If a permit for a pool or spa expires and no renewal application is filed and approved within

(3) months of the expiration, the pool or spa must be drained. If a renewal application is not filed

and approved within twenty-four (24) months, the pool or spa must be filled with a material

approved by the director.


Sec. 6.05.006 Inspections and reports

(a) The health district shall make such inspections, surveys and investigations, collect samples of

water and other substances found on the premises of public or semi-public swimming pools or

spas, and make or cause to be made such laboratory analysis as may be necessary to determine

that every swimming pool or spa complies with the standards and requirements adopted by this

article. The health district is authorized and empowered to enter upon and make inspections of

the premises of any public or semi-public swimming pool or spa while it is in operation or use

and at any other reasonable time. The pool manager of operations, permit holder, or designee

shall assist in any reasonable way with such inspections.

(b) It is the responsibility of the permit holder to reimburse the health district for the payment of

any laboratory analysis resulting in the suspension of a permit as stated in section 6.05.010.


Sec. 6.05.007 Maintenance and operation generally; responsibility for compliance


(a) Every public or semi-public swimming pool or spa shall be under the supervision of the

permit holder, who shall be responsible for compliance with all parts of this article relating to

maintenance, operation, and safety. It shall be unlawful for such permit holder to cause or permit

the existence of a condition which is in violation of any part of this article. All repairs to existing

equipment and facilities shall comply with the standards. Equipment, parts, or materials that are

replaced shall be new and shall comply with the standards.

(b) A pool manager may not allow a public or semi-public swimming pool or spa to be used

unless the pool or spa is in compliance with all standards and has a valid current permit issued by

the district.

(c) All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes, and

appurtenant equipment used in the operation of all swimming pools, spas, diving towers and

water slides shall be maintained in a good state of repair. The pool or spa shall be closed

immediately whenever glass, food, garbage, human excrement, or any other unsafe substance is

introduced into the water and such substance creates a hazard to the health or safety of the

general public.

(d) All swimming pool and spa waters shall be treated and maintained in accordance with the

standards.

(e) Areas surrounding a public or semi-public swimming pool, including decks and fencing,

bathhouses, dressing rooms, toilets, shower stalls and lounging areas, shall be kept clean and in a

state of good repair at all times. The walls, floors, equipment or appurtenant facilities at a spa or

swimming pool must be maintained in a clean and sanitary condition at all times.


Sec. 6.05.008 Safety standards for swimming pools

(a) Safety features and safety equipment shall be the same as stated in the standards.

(b) Existing public or semi-public swimming pool depth and unit markings shall be plainly

marked and must be visible at or above the water surface on the vertical wall of the swimming

[pool] and on the edge of the deck or walk next to the swimming pool at maximum and

minimum depth points, and at the points of break between the deep and shallow portions and at

intermediate 1-foot increments of depth in the shallow end and spaced at not more than 25-foot

intervals measured around the entire perimeter of the swimming pool. The depth in the diving

areas will be appropriately marked. These markings shall be made in a permanent and durable

material or manner. If faded or chipped, the markings shall be replaced or repaired.

(c) Depth markers for existing public or semi-public swimming pools shall be in numerals and

letters of four (4) inches minimum height and a color contrasting with the background. Where

depth markers cannot be placed on the vertical walls above the water level, other means shall be

used, said markings to be plainly visible to persons in the swimming pool. Any repair to or

replacement of depth markings shall comply with the standards for new pools. These markings

shall be made in a permanent and durable material or manner. If faded or chipped, the markings

shall be replaced or repaired.


Sec. 6.05.009 Standards for spas

Unless a specific provision applies to the contrary, spas as defined in section 6.05.002 shall be

subject to the same design and operation criteria which apply to swimming pools as stated in this

article and the standards. (Ordinance 080603-A, sec. 8, adopted 12/1/2009)

Sec. 6.05.010 Notice of violation; suspension of permit

(a) If a determination is made that the public or semi-public swimming pool or spa does not

comply with the provisions of this article, the health district shall notify the permit holder of the

violations. If the health district determines that the condition of the pool or spa is hazardous to

the health and safety of the swimmers or of the general public, the director shall notify the permit

holder that the pool or spa must be immediately closed and the permit is suspended until all

required repairs and modifications are completed and approved by the health district. A

reinspection of the pool will be conducted during the regular working hours of the health district

at the request of the pool or spa manager of operations or the permit holder. If compliance has

been achieved and the reinspection fee paid, the permit holder shall be notified that the pool may

be reopened and the permit is reinstated.

(b) When the health district has ordered that a pool or spa be closed due to noncompliance with

any provision of this article, the permit holder shall not allow the pool or spa to be used for

swimming, diving, or bathing purposes and shall immediately take every reasonable step to

prevent the use of such pool for such purposes. Use of the pool or spa after the health district has

ordered such pool or spa to be closed shall be deemed prima facie evidence that the permit

holder of the pool or spa has knowingly allowed the pool or spa to be used for such purposes.

(c) The director shall suspend a permit to operate a swimming pool or spa, which includes the

suspension of any and all use of said pool or spa, if any of the following exist:

(1) The annual permit fee and any other required permits or fees are not paid;

(2) The condition of a pool or spa is hazardous to the health or safety of the general

public;

(3) The permit holder fails to keep all pool or spa equipment and devices working

properly;

(4) The permit holder fails to maintain correct disinfection levels or pH levels on two

consecutive tests on two different days, or allows the presence of organisms of the

coliform group in any sample on two consecutive days;


(5) The permit holder fails to correct minor violations by the next routine inspection

or by any written notice issued under this article.

(d) The suspension shall continue until the cause of suspension is corrected and a reinspection

fee to the health district is paid.

(e) Any appeal of the decision to suspend a permit by the director may be appealed to the city

manager if said appeal is in writing and made within five (5) days of the decision of the director.

The city manager may either uphold, reverse, or modify the decision of the director. The decision

of the city manager is final.


Sec. 6.05.011 Fee schedule

(a) The fees for the inspection of, issuing a permit, renewing a permit, or any other fee

authorized by ordinance of the city concerning a public or semi-public swimming pool or spa in

the city is hereby set and established in this section.

(b) The Waco-McLennan County Public Health District is hereby authorized to collect and retain

all fees for the inspection of, issuing a permit, renewing a permit, or any other fee authorized by

ordinance of the city concerning a public or semi-public swimming pool or spa in the city.

(c) Swimming pool and spa fees:

(1) Swimming pool or spa permit to operate: $100.00 each.

(2) Wading pool included in pool facility: No additional fee.

(3) Reinspection fee: $50.00.

(4) Late permit payment fee: $10.00 per month.

(5) Copy of the department of state health services Standards for Public Swimming

Pools and Spas (one complimentary copy provided per permit holder): $3.00.

(Ordinance 010605-B adopted 6/5/2001)

ARTICLE 6.06 RODENT CONTROL

Sec. 6.06.001 Purpose; responsibility for enforcement

The purpose of this article is the control and reduction of rodents within the city through

modification and elimination of conditions which allow for the continued reproduction,

colonization, and existence of rodents. The city will have primary responsibility for enforcement.

The Waco-McLennan County Public Health District will provide technical assistance and

support to inspectors/enforcement officers for the city who enforce this article. (Ordinance

091103C, sec. 1, adopted 11/3/2009)


Building. Any structure, whether public or private, that is for a residential, office, commercial, or

industrial use.

Burrow. A below-ground nest or harborage for rodents.

Debris. The worthless remains that result from the destruction or breaking down of anything.

Director. The director of the Waco-McLennan County Public Health District. The term also

means the authorized representative of the director.

Enforcement officer. The director of public works and the city police chief, or a designated

representative.

Evidence of rodents. The natural presence of rodent runs, burrows, fecal droppings, rubmarks,

gnaw marks, tail drag marks, tracks, or other signs which may be associated with the presence of

rodents, as well as the visual sighting, hearing, smelling, or otherwise sensing of the presence of

rodents.

Garbage. The refuse of animal or vegetable matter from households or other activity.

Harborage. Any place which provides shelter or protection for rodents, thus favoring their

reproduction, presence, or continued existence on the premises.

Occupant. The person who has the use of or occupies any building or any part thereof or who has

the use or possession, actual or constructive, of the premises, whether the actual owner or tenant.

In the case of vacant buildings or vacant portions of a business building, or in case of occupancy

in whole or in part by the owner, the owner of the building shall be deemed to be and shall have

the responsibility of an occupant of such building.

Opening. Any opening in the foundation, sides or walls, ground or first floor, basement,

chimneys, eaves, grills, windows, ventilators, walk grates, or elevators of a building, and any

pipes, wires, or other installations through which a rodent may enter.

Owner. The person owning the building or premises.

Person. Individuals, firms, partnerships, associations, public or private institutions,

municipalities, political subdivisions of the state, governmental agencies, and public or private

corporations.

Premises. A parcel of real property, including all buildings located thereon.

Refuse. Material rejected or thrown aside as worthless.

Rodent. Rats and mice in the order Rodentia. This shall include, but is not limited to, rats and

mice belonging to the family Muridae (which includes the Norway rat, roof rat, and house

mouse) and belonging to the family Cricetidae (which includes the deer mouse, the white-footed

mouse, and the cotton rat).

Rodent eradication. The elimination or extermination of rodents from premises and from rodent

harborages of any kind by measures such as baiting, fumigation, or trapping and, where

necessary, rodent-proofing such that the premises and rodent harborages are completely freed of

rodents and there is no evidence of rodent infestation remaining.

Rodent-proof container. A garbage can or other container reasonably impervious to rodents.

Rodent-proofing. To prevent the ingress of rodents into buildings from one building to another. It

consists of the closing, with material impervious to rodent gnawing, of all openings in the

exterior walls, ground or first floors, basements, roofs, and foundations that may be reached by

rodents from the ground by climbing or burrowing.

Rodent-tight condition of sewers. The condition achieved by the construction and maintenance of

sewer lines, manholes, and all other parts of the sewer system in such a manner as to prevent

rodents from exiting through openings or breaks.

Rubmark. A dark, sometimes greasy mark formed from contact by the rodent’s body.

Run. A narrow pathway of beaten earth and vegetation swept clear of debris by the frequent

travel of a rodent.

Trash. Any accumulation of waste materials no longer of any use, including but not limited to

paper, sweepings, dust, rags, bottles, cans, or cardboard.

(Ordinance 091103C, sec. 2, adopted 11/3/2009)


Any person who violates any provision of this article shall be guilty of a class C misdemeanor,

the penalty for which shall be a fine in accordance with section 1.01.009 of this code. Each day

the violation exists shall be a separate violation. (Ordinance 091103C, sec. 12, adopted

11/3/2009; Ordinance adopting Code)

Sec. 6.06.004 General requirements

All premises within the city shall be free of rodents and maintained in a rodent-free condition.

Rodent harborages shall be eliminated, buildings shall be maintained in a rodent-proof condition,

foods and foodstuffs shall be stored and handled so as to be inaccessible to rodents, and, where

rodent infestation is evident, effective measures of rodent eradication shall be instigated by the


occupant of the premises or, in the absence of an occupant, by the owner. (Ordinance 091103C,

sec. 3, adopted 11/3/2009)

Sec. 6.06.005 Storage and handling of food and animal feed

All food for human consumption and feed for animals and fowl shall be stored in rodent-free and

rodent-proof containers, compartments, or rooms unless stored in a rodent-free and rodent-proof

building. Feed for animals and fowl shall not be left on the ground, on the floor or left in feed

pans, troughs, and other feeder containers any longer than necessary to feed the animals and fowl

unless such feeder equipment is made inaccessible to rodents. Food for human consumption shall

not be left on floors, counters, or otherwise exposed so as to provide food for rodents. When

feeding birds, the feed should be kept at all times on raised platforms which are made

inaccessible to rodents. Bird food shall not be placed on the ground when there is evidence of

rodents on the premises or on nearby premises. (Ordinance 091103C, sec. 4, adopted 11/3/2009)

Sec. 6.06.006 Storage and disposal of garbage, refuse and debris

No person shall place, leave, dump, or permit to accumulate any garbage, refuse, debris, or trash

on any premises, alley, or roadway so as to afford food or harborage for rodents. All garbage,

including dead animals, shall be placed and stored in rodent-proof containers until collected.


Sec. 6.06.007 Rodent harborage

(a) Conditions which provide rodent harborage shall not exist on any premises. No person shall

accumulate or permit the accumulation of boxes, bottles, cans, containers, junk appliances, or

other similar objects which afford rodent harborage.

(b) When there is evidence of rodents upon premises, the following persons shall be jointly and

severally responsible to remove from such premises objects of the type described in the

immediately foregoing paragraph, upon request of the enforcement officer:

(1) The person who placed such objects upon the premises;

(2) The occupant of the premises, if the objects are in or on a part of the premises

which the occupant occupies or controls; and

(3) The owner of the premises if the owner leased the part of the premises containing

such objects upon the premises, or the objects are in or on a part of the premises

which are vacant or occupied by the owner, or the objects are upon a part of the

premises which the owner maintains or controls even though the premises are

occupied by another.

(c) When there is evidence of rodents in and around useful materials, such as firewood, lumber,

or building material, indicating the presence of a rodent harborage, and the enforcement officer

requests, the owner of such useful material shall store them at least fifteen (15) inches above

ground.


Sec. 6.06.008 Rodent-proofing required

(a) The owner of any building shall be responsible to rodent-proof that building when evidence

of rodents exists in, under, or around said building and the enforcement officer gives notice to

the owner or to the owner’s rental agent for the building of said condition. Nothing contained in

the foregoing sentence shall bar any right of action the owner of the building may have against

the lessee for breach of the lease, but the owner may not plead the terms of any such lease in bar

of the owner’s responsibility set forth in the foregoing sentence. Methods and materials used for

rodent-proofing shall be sufficient to stop the ingress of rodents into buildings from the exterior

and from one building to another.

(b) All buildings shall be maintained free of rodents and in a rodent-free condition.

(1) It shall be the responsibility of each and every occupant of a building to maintain

that portion of the building which he or she occupies or controls free of rodents and in

a rodent-free condition. It shall be an affirmative defense that the occupant has

provided the enforcement officer with a current lease agreement with the owner

clearly showing that the owner has responsibility for the repairs required to maintain

the building in a rodent-free condition.

(2) It shall be the responsibility of the owner of a building to maintain free of rodents

and in rodent-free condition the unoccupied parts of his or her building, the parts of

such building over which a non-owner-occupant does not exert control, and the parts

of such building which any lease or agreement makes the owner responsible for

maintaining.


Sec. 6.06.009 Restoration of rodent-proofing materials; new openings to be sealed

No person shall remove rodent-proofing from any building for any purpose and fail immediately

thereafter to restore the same in a rodent-proof condition or to make any new openings that are

not immediately thereafter closed or sealed against the entrance of rodents. (Ordinance 091103C,

sec. 8, adopted 11/3/2009)

Sec. 6.06.010 Right of entry; notice by enforcement officer

(a) The enforcement officer shall have the right of entry upon any premises where entry is

necessary to carry out the provisions of this article. If consent for entry is not given or obtained,

an administrative search and inspection warrant shall be obtained. If an imminent hazard exists,

no warrant is required for entry upon the premises.

(b) The enforcement officer shall give notice in writing that generally identifies the problem

observed and states the number of days within which the problem must be corrected. The

enforcement officer shall normally allow at least seven (7) calendar days for a problem to be

corrected. However, if the problem presents an imminent health hazard to persons occupying or

using the building, that time may be reduced.

(c) If the occupant, owner, or other responsible person receiving said notice needs additional

time to correct the problem, at least three (3) days before the end of the time period stated in the

notice he or she must file a written request with the enforcement officer explaining why

additional time is needed, stating the amount of time needed, and providing a mailing address

and telephone number or e-mail address where he or she may be reached. The enforcement

officer may deny the request, allow a different number of additional days, or approve the request.

Notice of the decision may be made by telephone or e-mail followed by delivery of a written

notice of the enforcement officer’s decision delivered to the person filing the request either by

hand delivery or by mail.


Sec. 6.06.011 Health district action

Where the existence of a rodent population presents an imminent threat to the health of the

community, the director is authorized to take action to enforce this article. Before taking such

action, the director shall notify the enforcement officer. The director may then notify the owner,

occupant, or other person responsible for the conditions of actions required to eliminate rodent

harborage or other conditions that allow continued reproduction and colonization by rodents.

Failure to comply with said notice within 48 hours of receiving said notice shall constitute a

violation of this article. (Ordinance 091103C, sec. 10, adopted 11/3/2009)

Sec. 6.06.012 Service of notices

Whenever this ordinance provides for notice to be given to a person, that notice may be given by

delivering a written notice to the person or by mailing a written notice to the person. (Ordinance

091103C, sec. 11, adopted 11/3/2009)

ARTICLE 6.07 MOSQUITO CONTROL*

Sec. 6.07.001 Purpose; responsibility for enforcement

It is the intent of these regulations to control and reduce the mosquito population by removing,

draining, treating, altering, or otherwise eliminating breeding sources for mosquitoes. The goal is

to establish an effective program of mosquito control through such things as the elimination or

treatment of breeding sources for mosquitoes, elimination of identified mosquito populations,

and alleviation of all other such conditions found to be conducive to the reproduction or

continued existence of mosquitoes. The city will have primary responsibility for enforcement.

The Waco-McLennan County Public Health District will provide technical assistance and


support to inspectors/enforcement officers for the city who enforce this article. (Ordinance

091201A, sec. 1, adopted 12/1/2009)


Artificial container. Any bucket, barrel, tire, bottle, tub, tank, gutter, birdbath, swimming pool,

ornamental pond, flower pot, jar, or any other such man-made items capable of collecting water.

Breeding source. Any condition capable of sustaining the reproduction of mosquitoes. This shall

include both artificial containers and natural conditions or containers.

Director. The director of the Waco-McLennan County Public Health District. The term also

means the authorized representative of the director.

Enforcement officer. The chief of police or a designated representative.

EPA. The U.S. Environmental Protection Agency.

Evidence of mosquito breeding. The natural presence of mosquito larvae, pupae, or their remains.

Insecticide. A chemical agent which kills or prevents the reproduction of insects.

Larva. The immature, fully aquatic stage of mosquito development in which the insect appears as

a small, wingless, worm-like form.

Larvicide. A chemical agent which kills or prevents the reproduction of mosquito larvae.

Mosquito. A small, long-legged, two-winged insect of the family Culicidae, in which the female

of the species is distinguished by a long proboscis for sucking blood.

Natural body of water. Any spring, stream, pond, lake, or wetland that was historically present in

a natural state but may have been physically altered over time. A pond built in an area where

there was no surface water or wetland present is not a natural body of water.

Occupant. The person who has the use of or occupies any building or any part thereof or who has

the use or possession, actual or constructive, of the premises, whether the owner or tenant. In the

case of vacant buildings or vacant portions of a building, or in case of occupancy in whole or in

part by the owner, the owner of the building shall be deemed to be and shall have the

responsibility of an occupant of such building.

Owner. The person owning the building or premises.

Person. Individuals, firms, partnerships, associations, public or private institutions,

municipalities, political subdivisions of the state, governmental agencies, and public or private

corporations.

Premises. A parcel of real property, including all buildings and structures located thereon.

Pupa. The immature, fully aquatic stage of mosquito development immediately following the

larval stage and preceding the adult form in which the insect appears as a small, wingless, worm-

like shape with a greatly enlarged head.

Stock tank. A man-made pond or artificial container used to provide drinking water for livestock

such as cattle or horses.

(Ordinance 091201A, sec. 2, adopted 12/1/2009)


In addition to any other remedy provided by this article or other law, any person who violates

any provision of this article shall be guilty of a class C misdemeanor, the penalty for which shall

be a fine in accordance with section 1.01.009 of this code. Each day the violation exists shall be

a separate violation. (Ordinance 091201A, sec. 8, adopted 12/1/2009; Ordinance adopting Code)

Sec. 6.07.004 General requirements

All premises within the city shall be maintained in such a manner as to prevent the breeding of

mosquitoes on the premises. Artificial containers, ditches, streams, and all other such sources of

standing water or other liquid that serve as breeding sources must be removed, drained, treated,

altered, maintained, or otherwise eliminated by the person occupying the premises or, in the

absence of an occupant, by the owner, in such a manner as to prevent the breeding of

mosquitoes. Where there is evidence of mosquito breeding, effective methods of eliminating and

treating mosquito breeding sources shall be instigated by the person occupying the premises or,

in the absence of an occupant, by the owner, within 48 hours after discovering or being informed

of the evidence of mosquito breeding on the premises. The owner or occupant of premises with a

natural body of water shall not be responsible for maintaining such natural body of water to

eliminate mosquito breeding, but shall cooperate with the city and health district officials in

eliminating the breeding source if the natural body of water is suspected of or has been

determined to be a breeding source. The owner or occupant of premises with a stock tank shall

manage the stock tank to minimize breeding of mosquitoes without using any substance that will

impair the use of the water for livestock. (Ordinance 091201A, sec. 3, adopted 12/1/2009)

Sec. 6.07.005 Methods of eliminating and treating breeding sources

Breeding sources for mosquitoes shall be treated by one or more of the following methods to

eliminate the breeding source:

(1) Filling, draining, removing, or otherwise eliminating the breeding source.

(2) Completely emptying the breeding source of all water at least every five (5)

calendar days. Where an artificial container is a water basin (such as a swimming


pool, pond, bird bath, etc.) designed for the a purpose of holding water, such

containers shall be maintained or altered to prevent mosquito breeding or be removed.

(3) Treating the breeding source with an effective insecticide and/or larvicide in

accordance with the label and/or directions established with the EPA.

(4) Completely emptying artificial containers of all liquid and storing in an enclosed

structure which is constructed in such a manner as to prevent the permanent

collection of liquid in said containers.

(5) Proper disposal, by removal or destruction, of cans, boxes, broken or empty

bottles, discarded vehicle types, and similar objects likely to hold water.

(6) Maintain all natural or man-made storm or surface water drainways in a manner to

prevent the ponding of water sufficient to provide breeding for mosquitoes.

(7) Other methods proven to be effective in controlling mosquitoes as approved by

the enforcement officer.


Sec. 6.07.006 Right of entry; notice; corrective action by enforcement officer

(a) The enforcement officer shall have the right of entry upon any premises where entry is

necessary to carry out the provisions of this article. If consent for entry is not given or obtained,

an administrative search and inspection warrant shall be obtained. If an imminent hazard exist,

no warrant is required for entry upon the premises.

(b) The natural presence of mosquito larvae in standing or running water shall be evidence that

mosquitoes are breeding therein, and failure to prevent such breeding within three (3) calendar

days after notice by the enforcement officer shall be deemed a violation of this article.

(c) Should the occupant, owner, or other person responsible for conditions giving rise to the

breeding of mosquitoes fail or refuse to take necessary measures to prevent the same within three

days after due notice has been given to him or her, the enforcement officer is hereby authorized

to do so, and all necessary cost incurred by him for this purpose shall be charged against the

occupant, owner, or other person offending, as the case may be.


Sec. 6.07.007 Health district action

Where the existence of a mosquito population presents an imminent threat to the health of the

community, the director is authorized to take action to enforce this article. Before taking such

action, the director shall notify the enforcement officer. The director may then notify the owner,

occupant or other person responsible for the conditions or actions required to eliminate a

mosquito breeding source. Failure to comply with said notice within 48 hours of receiving said

notice shall constitute a violation of this article. (Ordinance 091201A, sec. 6, adopted 12/1/2009)

Sec. 6.07.008 Service of notices

Whenever this article provides for notice to be given to a person, that notice may be given by

delivering a written notice to the person or by mailing a written notice to the person. (Ordinance

091201A, sec. 7, adopted 12/1/2009)

ARTICLE 6.08 WEEDS, BRUSH AND OTHER UNSANITARY CONDITIONS*


For the purposes of this article, the following terms shall have the meaning described herein:

Objectionable, unsightly, unsanitary or unwholesome matter. Any matter, condition or object

which is considered to be objectionable, unsightly or unsanitary by a person of ordinary

sensitivity.

Person. Any individual, firm, partnership, association, corporation, company, or organization of

any kind.

Rubbish. Trash, debris, decayed lumber, unusable decayed structures, rubble, stone, fragments of

building materials, mounds of dirt or rock, and other similar material.

Weeds, brush, or objectionable vegetation. Uncultivated or cultivated vegetation, including but

not limited to, grasses in excess of twelve (12) inches in height.

(Ordinance 970603, sec. 1.01, adopted 6/3/1997)

Sec. 6.08.002 Public nuisance defined

Weeds, brush, and objectionable material, stagnant water, accumulation of filth and carrion, and

accumulation of rubbish reduce the value of private property, invite vandalism, create fire

hazards, and are a detriment to the community and are therefore declared to be a public nuisance.


Sec. 6.08.003 Weeds, brush, and objectionable vegetation

(a) It shall be unlawful for any person owning, claiming, occupying or having supervision or

control of any real property, occupied or unoccupied, within the corporate limits of the city, to

permit weeds, brush, or any objectionable vegetation to grow to a height greater than twelve

inches (12"), or to permit the accumulation of objectionable, unsightly, unsanitary, or

unwholesome matter upon any such real property within one hundred fifty feet (150') of any

property line which abuts street rights-of-way, alleys, utility easements, subdivided additions,

developed property or any buildings or other structures.


(b) It shall be the duty of any person to keep and maintain free and clear of the matter referred to

in subsection (a) above, the area extending from the person’s property line to the curbline

adjacent to it, if there be a curbline, and if not, then within ten feet (10') outside of the property

line.

(c) All vegetation not regularly cultivated and which exceeds twelve inches (12") in height shall

be presumed to be objectionable and unsightly. Regularly cultivated crops shall not be allowed to

grow within the right-of-way of any public street or easement.

(d) It shall be the duty of any person owning, claiming, occupying or having supervision or

control of any real property, as provided above, to cut and remove all such weeds, brush, and

other objectionable or unsightly matter as often as may be necessary to comply with the

provisions hereof, provided that removing and cutting same at least once in every thirty-day

period shall be deemed compliance with this article. Persons shall continue to use every

precaution to prevent the same growing on such premises so as to become a nuisance as herein

defined.


Sec. 6.08.004 Stagnant water

It shall be unlawful for any person who shall own or occupy any lot in the city to permit or allow

holes or places on said lot where water may accumulate and become stagnant or to permit same

to remain. It shall be unlawful for any person who shall own or occupy any lot in the city to

permit or allow the accumulation of stagnant water thereon or to permit same to remain.


Sec. 6.08.005 Accumulations of carrion and filth

It shall be unlawful for any person who shall own or occupy any house, building, establishment,

lot or yard in the city to permit or allow any carrion, filth or other impure or unwholesome matter

to accumulate or remain thereon. (Ordinance 970603, sec. 2.04, adopted 6/3/1997)

Sec. 6.08.006 Accumulation of rubbish

It shall be unlawful for any person who shall own or occupy any lot in the city to allow rubbish

or any other unsightly, objectionable, unsanitary or unwholesome matter to accumulate on said

lot. (Ordinance 970603, sec. 2.05, adopted 6/3/1997)

Sec. 6.08.007 Failure to comply; notice; future violations

(a) In the event that any person owning, claiming, occupying or having supervision or control of

any real property, occupied or unoccupied within the city, fails to comply with the provisions of

sections 6.08.003 through 6.08.006 hereof, the mayor or his designee shall give notice of such

violation. (Ordinance 970603, sec. 3.01, adopted 6/3/1997)



(b) The notice specified in subsection (a) above shall be given:

(1) Personally to the owner in writing;

(2) By letter addressed to the owner at the owner’s address as recorded in the

appraisal district’s records; or

(3) If personal service cannot be obtained, notice may be given by:

(A) Publication at least once;

(B) Posting the notice on or near the front door of each building on the property

to which the violation relates; or

(C) Posting the notice on a placard attached to a stake driven into the ground on

the property to which the violation relates, if the property contains no buildings.

(4) If a municipality mails a notice to a property owner in accordance with this

subsection and the United States Postal Service returns the notice as “refused” or

“unclaimed,” the validity of the notice is not affected, and the notice is considered as

delivered.

(Ordinance adopting Code)

(c) The notice of violation shall inform the recipient of the nature of the violation and that such

violation must be cured within ten (10) days of receipt of notice. The notice of violation shall

also inform the owner that if the owner commits another violation of the same kind or nature that

poses a danger to the public health and safety on or before the first anniversary of the date of the

notice, the city without further notice may correct the violation at the owner’s expense and assess

the expense against the property. If a violation covered by a notice under this subsection (c)

occurs within the one-year period, and the city has not been informed in writing by the owner of

an ownership change, then the city without notice may take any action permitted by subsection

(d) below and assess the expenses as provided by section 6.08.008 below.

(d) If the owner of the property does not take action that brings the property into compliance

with this article within ten (10) days after receipt of notice, the city may go onto the property and

do the work or make the improvements necessary to correct the violation.


Sec. 6.08.008 Expenses charged to owner

The expenses incurred by the city in correcting the condition of such property, including the cost

of providing notice, shall be paid by the city and charged to the owner of the property. In the

event the owner fails or refuses to pay such expenses within thirty (30) days after the first day of

the month following the month in which the work was done, the mayor or his designee shall file


a statement of expenses with the county clerk of the county in which the property is located. The

statement of expenses shall include the name of the owner, if known, and the legal description of

the property. Upon the filing of such statement, the city shall have a privileged lien against the

property to secure payment of such expense, second only to tax liens and liens for street

improvements. Such amount shall accrue interest at the rate of ten percent (10%) per annum

from the date of payment by the city until paid by the owner. The city may bring a suit for

foreclosure of the lien to recover the expenditures and interest due. The statement of expenses or

certified copy of the statement is prima facie proof of the expenses incurred by the city in doing

the work or making the improvements. (Ordinance 970603, sec. 3.02, adopted 6/3/1997)

Sec. 6.08.009 Court actions

(a) In addition to or in lieu of the notice described in section 6.08.007, any person who violates

this article may be issued a citation by the city requiring that they appear before the municipal

court within ten days. Failure to appear before the court within that ten-day period shall be a

separate offense under this article. It shall not be a defense to any action initiated by a citation

that a prior notice was not issued.

(b) In addition to or in lieu of the notice described in section 6.08.007, or the citation described

in subsection (a) of this section, wherein a person violates any provision of this article, a

summons may be issued through the municipal court requiring that such person appear before the

court at a specific time in regard to that violation. It shall not be a defense to any action initiated

by a summons that a prior notice or citation was not issued.



Any person, firm, corporation or others violating any provisions of this article shall be guilty of a

misdemeanor and upon conviction thereof, shall be fined in accordance with section 1.01.009 of

this code. Every violation and every date that the violation continues shall constitute a separate

offense. (Ordinance 970603, sec. 5.01, adopted 6/3/1997; Ordinance adopting Code)




chapter 6 health and sanitation - city of west€¦ · sec. 6.04.005 restrictions on establishments...

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