Big Bear Lake Municipal Code Ch. 8.76 Health Nuisances

No person shall dispose of the carcass of any dead animal in such a manner, or leave any such carcass in such a place, as to create a public or private nuisance.

(Ord. 82-72 § 1(part), 1982)

No person shall permit the contents of any cesspool, septic tank, water closet, sewer or sewage effluent, excrement, urine, slop water, barn or dairy waste, butcher offal, market refuse, garbage, rubbish, cans or any dead animal or any putrid or offensive vegetable matter, to remain or to be deposited or to be discharged upon the surface of the ground on any premises, lot, or in any building, basement or in any public street or into any standing water, or excavation, or public place, other than sites or places approved and so designated by the health officer. No person shall permit the maintenance upon his property or upon property under his control, nor maintain any open cesspool, septic tank, leach line or leach bed.

(Ord. 82-72 § 1(part), 1982)

A. No person shall keep any animal, fowl or bird, wild or domestic, other than cats, dogs, canaries or birds of the psitacinae family, within seventy feet of any school, church, hospital, public place or business, or any residence or dwelling house or other building used for the habitation of human beings, other than his own personal and private dwelling or residence. No such animal or fowl shall be kept or maintained in any yard, coop or building which is in a foul or unsanitary condition. The provisions of this section shall not apply to accredited laboratories regulated by the State Department of Public Health.

B. No person shall keep, maintain or allow to continue upon the premises in his control or belonging to him any condition resulting in the breeding of flies, mosquitoes, gnats or other insects or rodents.

(Ord. 82-72 § 1(part), 1982)

A. It is unlawful to erect or maintain a privy or outhouse unless a suitable shelter is provided to afford privacy and protection from the elements. The door thereof shall be constructed as to close automatically by means of a spring or other device. The construction shall be such as to exclude all flies from the pit. Such privy, vault and shelter shall be maintained in good repair. The vault shall not be permitted to become filled with excreta nearer than two feet from the surface of the ground and such excreta shall be regularly and thoroughly disinfected. No such privy shall be located within forty feet of any dwelling, residence, school, church, hospital or public place of business, except with the permission of the occupants or operators of such dwelling, residence, school, church, hospital or public place of business.

B. Water-Flush Toilets. On any premises upon which domestic water under pressure is available, water-flush toilets shall be provided.

(Ord. 82-72 § 1(part), 1982)

A. Every person supplying water for domestic consumption shall supply the same in a pure state, free from any contamination or pollution. All wells and spring water supplies must be sealed with concrete or other impervious material so as to protect against surface contamination or pollution. All water mains or water piping laid for the supplying of the public with a domestic water supply shall be thoroughly cleansed and chlorinated before being used. Any reservoir, tank, well or spring used for the production or storage of any domestic water supply shall be properly protected and thoroughly cleansed and chlorinated when necessary to insure the purity of the water stored therein upon notice being given by the health officer or his duly authorized representative.

B. Additions. Additions to any domestic water system shall meet the requirements for establishing a domestic water system provided by Section 61.032(i), County Standards.

(Ord. 82-72 § 1(part), 1982)

Every person maintaining any toilet, washroom, or bath or shower room for the use of employees, patrons, or the public shall at all times keep the floors, walls, ceilings, lavatory, urinal and toilet bowl free from any accumulation of dirt, filth or corrosion. All lavatories shall be supplied with soap and individual towels with a receptacle for their disposal. All such toilet rooms shall be provided with toilet paper.

(Ord. 82-72 § 1(part), 1982)

No building, room or place shall be hereafter established as a restaurant, cafe, bar, tea room or other place where food, beer or alcoholic liquor is sold for consumption on the premises unless there is maintained by the operator thereof, within the enclosure walls of the building, room or place, not less than one toilet for each sex, and one lavatory adjacent to such toilet for each sex, for the use of the patrons and employees of such establishment. All lavatories shall be supplied with hot and cold running water under pressure. All establishments serving alcoholic beverages for consumption on the premises shall provide a minimum of one urinal in each men's toilet room. All plumbing fixtures shall be kept in good repair.

(Ord. 82-72 § 1 (part), 1982)

All places of public assemblage and places open to the public or soliciting public use, except those specifically mentioned in the Uniform Building Code or Uniform Plumbing Code, shall be provided with sanitary facilities for each sex. Such sanitary facilities shall be adequate and shall be conveniently located. The number of such sanitary facilities shall be based upon the maximum expected attendance. One toilet unit for each two hundred seventy-five women and one for each three hundred men is considered adequate. If, in the opinion of the health officer, based upon the duration of the public event, or from actual observation, the minimum number of units is not adequate, additional facilities may be required.

(Ord. 82-72 § 1(part), 1982)

It is unlawful for any person or persons to live in a trailer or otherwise camp upon property not his own without the written permission of the owner of such property or his authorized agent or representative.

A. The owner or the person in control of any property upon which camping or trailerhouse parking is permitted shall provide adequate and satisfactory toilet and bathing facilities for the maximum number of persons using the property for living purposes. At least one water-flush toilet and one shower or bathtub connected to an approved underground sewage disposal system shall be provided. Sanitary facilities for campers shall be provided as established in Division 13, Chapter 5, Article 5, Section 18640(b) of the California Health and Safety Code on the ratio as listed below:

One additional toilet shall be provided for each sex for each additional camper or fractional part thereof in excess of seventy campers.

B. No person shall live in a trailer or otherwise camp upon any property unless adequate sanitary facilities, as described in subsection A of this section are located upon such property and provided for such occupants. If such sanitary facilities are not otherwise provided, it shall be the duty of such occupants to provide them.

Nothing in this section shall be construed to exempt from compliance with the provision contained herein any owner-occupied properties.

(Ord. 82-72 § 1(part), 1982)

A. It is unlawful to operate or permit to be operated any public swimming pool without an unrevoked permit issued in accordance with provisions of this code.

B. "Public swimming pool" as used in this section shall mean any artificial basin, chamber or tank constructed of impervious material and used, or intended to be used, for swimming, diving or recreative bathing, and shall include and apply to all pools as defined herein, except private pools maintained by an individual for the use of his family and friends. The regulations shall apply to but are not limited to all commercial pools and real estate and community pools, pools at hotels, motels, resorts, auto and trailer parks, auto courts, apartment houses, clubs, whether used by the general public or restricted to the members of the club, public or private schools, and gymnasia and health establishments.

C. All public swimming pools shall be constructed and operated in accordance with the rules and regulations promulgated by the health officer.

(Ord. 82-72 § 1(part), 1982)

A. Whenever it comes to the attention of the health officer that castor bean (Ricinus communis) plants are growing upon any lots or premises in the city in such a manner as to cause a nuisance or menace to health, he shall order such castor bean (Ricinus communis) plants destroyed or removed. The notice shall be in writing and shall set forth the time within which the removal shall be completed.

B. Penalty. No person shall fail, refuse or neglect to destroy and remove such castor bean (Ricinus communis) plants when so ordered by the health officer in the manner specified in this section. Such failure, refusal or neglect shall be punishable as a misdemeanor.

(Ord. 82-72 § 1(part), 1982)

A. Definitions. The following words shall have the following meanings:

1. "Commercial fertilizer operation" means where storage, stockpiling, drying, mechanical processing, packaging or sacking and sale of animal manure takes place on the premises in any zone that permits such use.

2. "Department" means the department of environmental health services.

3. "Director" means the director of the city environmental health services or his authorized and duly appointed representative.

4. "Manure" means animal excrement, livestock excreta, waste from the alimentary canal of cows, horses, sheep, goats, pigs, poultry and other animals.

B. Prohibition of Storage Where Manure is Produced. No person shall store manure in piles, stacks or heaps for more than one hundred twenty days, unless such storage for a longer period is approved by the department. Requests for extension shall be made in writing to the department and will state why an extended period is necessary, together with the number of days extension being requested. In determining whether approval for storage of manure in excess of one hundred twenty days shall be granted or denied, the department shall consider whether the manure is:

1. Too wet or liquefied for removal;

2. To be placed for application on land as fertilizer.

(Ord. 82-72 § 1(part), 1982)

A. Any person, firm or corporation desiring to conduct a commercial fertilizer operation shall file an application to do so with the city planning department on the form provided by that department.

B. Permit Application. After approval by the director of the planning department, and before commencing operation, applicant shall apply to the department of environmental health services for a commercial fertilizer operation permit and shall pay an annual permit fee as specified in the city schedule of fees.

C. Expiration and Renewal of Permit. A permit for which application is made under the provisions of this chapter may be granted at any time during the year. Any permit granted hereunder shall expire one year from the date of issuance.

1. A fifty percent penalty shall be added for failure to make application for yearly renewal within thirty days from the date of expiration or for failure to apply for a permit.

2. All moneys received as permit fees under the provisions of this chapter shall be paid to the city treasurer and placed in the city general fund.

D. Revocation of Permit. Any permit issued under the provisions of this chapter may be suspended or revoked by the director if sufficient cause is shown and for failure to comply with permit provisions.

E. Operational Requirements and Permit Provisions. A permit for a commercial fertilizer operation shall not be approved unless the following are complied with:

1. Completed and detailed plans showing contours at two-foot elevations shall be submitted with the application showing all details of the storage and/or processing operations incorporating any items as required in this section.

2. All driveways and employee parking areas shall be dustproofed to the satisfaction of the department.

3. There shall be no manufacturing of chemical additives on the premises.

4. Inorganic chemical additives shall be limited to ten percent of the total raw material inventory.

5. The installation and operation shall comply with the rules and regulations of the city air pollution control district.

6. The stockpiling area shall be enclosed by a six-foot chain-link fence which will be screened, planted with globular eucalyptus or similar plant material on six-foot centers. Lesser requirements for fencing may be considered after the review of development plans as submitted by the applicant.

Final approval shall be made by the director and the planning department director where in their opinion the lesser requirements will not cause a nuisance for neighboring properties and will provide controlled access to the operation, all according to the provisions herein.

7. With the exception of stockpiling of raw material, all operations such as screening, grinding, mixing, adding and sacking shall be confined wholly inside a building.

8. All areas on which stockpiling is to be undertaken shall be located so as to preclude the escape of runoff water caused by rainstorms.

9. Stockpile Requirements.

a. Stockpiles shall be shaped to a one-to-four minimum slope to prevent detrimental water from entering the ground, and to minimize the stockpile area subject to rainfall.

b. There shall be no drainage of runoff water from any stockpile into adjoining properties. Appropriate facilities shall be installed to collect or divert cross drainage away from the stockpile area.

c. Manure stockpiles shall be maintained at least one hundred fifty feet from the front street centerline and thirty-five feet from side and rear property lines.

d. No manure stockpiles shall exceed a height of twenty-five feet. Lesser height may be required as determined by the director.

10. Stockpiling storage and/or processing of manure is prohibited within one hundred fifty feet of a milking barn or milk house of a producer dairy or a dwelling on adjoining property. Greater distances where wind conditions are involved may be required by the director after review of the development plans as submitted by the applicant.

11. Control of Nuisances.

a. The operation of the storage and/or processing of manure shall not result in dust or odor conditions that would create a public nuisance or affect the quality of food products being produced on a neighboring property.

b. The operation of the stockpiling of manure shall not result in the breeding of flies, mosquitoes and other pest type insects.

12. This application shall be subject to the appropriate regional water quality control board; such board shall be notified of each application filed pursuant to these requirements.

13. Noise levels from this operation shall not result in any increase to adjoining occupied residences over ambient levels found in general agricultural uses.

14. Trucks entering the property shall be adequately covered to prevent contents from being windblown or otherwise to scatter.

(Ord. 82-72 § 1(part), 1982)

All provisions of this chapter shall be enforced by the health department unless otherwise provided.

(Ord. 82-72 § 1(part), 1982)

A. Whenever a public nuisance shall be ascertained to exist on any premises, or in any house or other place, the health officer shall notify in writing any person or persons owning or having control of, or acting as agent for, such premises, house or other place, to abate or remove such nuisance within a reasonable time, to be stated in such notice.

B. Upon the neglect or refusal of any owner, occupant or agent, or other person having control of such house or other place, to comply with such notice, the health officer may abate such nuisance; and the owner, agent or occupant or other person having control of such house or place, in addition to the penalties provided by this code, shall be liable to the city for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. If no person can be found upon whom to serve such notice, the health officer shall proceed to abate such nuisance at the expense of the city, at a cost of not to exceed twenty-five dollars per day.

(Ord. 82-72 § 1(part), 1982)