El Cajon Municipal Code Ch. 8.21 Regulation of Wholesale Food Warehouses

The Wholesale Food Warehouse Ordinance of the county of San Diego, being Chapter 2 of Division 1 of Title 6 of the San Diego County Code of Regulatory Ordinances (being sections 61.212 through 61.256), as adopted by the county of San Diego, is adopted by reference as the regulatory provisions applicable to wholesale food warehouses that hold or distribute food at wholesale, operating in the city of El Cajon, to prevent conditions of such facilities, and the mishandling of recalled food stored in such facilities, from spreading foodborne illnesses, and each and all such regulations, provisions, penalties, conditions and terms of the Wholesale Food Warehouse Ordinance of the county of San Diego are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added deleted, modified or amended by this chapter. The Wholesale Food Warehouse Ordinance of the county of San Diego is referred to in this chapter as the "County Wholesale Food Warehouse Ordinance," and one copy is on file in the office of the city clerk.

(Ord. 4733 § 1, 2003)

Section 61.213 of the County Wholesale Food Warehouse Ordinance is hereby amended to read as follows:

A. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise made in this chapter, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

C. Any person convicted of an infraction under the provisions of this chapter, unless provision is otherwise made in this chapter, shall be punishable by fine only as follows:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the chapter within one year;

3. A fine not exceeding five hundred dollars for each additional violation of the chapter within one year.

D. Each such person shall be charged with a separate offense for each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted by such person, and shall, upon conviction, be punishable accordingly.

E. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance, and may be summarily abated as such by this city, and each day that such condition continues shall be regarded as a new and separate offense.

(Ord. 4733 § 1, 2003)