Kern County Municipal Code Ch. 2.23 Public Health Services Department

Footnotes:

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Editor's note— Ord. No. G-8006, § 2, adopted Jan. 26, 2010, repealed the former Chapter 2.23, §§ 2.23.010—2.23.030, and enacted a new Chapter 2.23 as set out herein. The former Chapter 2.23 pertained to the emergency medical services department and derived from Ord. G-4888, § 2(Part), adopted 1988; Ord. G-5885, § 3, adopted 1993; and Ord. G-6044, 3, adopted 1993.

The department of public health services is hereby established.

(Ord. No. G-8006, § 2, 1-26-10)

The position of director of public health services is established. The director shall be appointed by and serve at the pleasure of the board of supervisors. The director of public health services, under administrative and policy direction of the board of supervisors, and subject to federal and state laws and regulations and county ordinances, shall have authority for the direct administration of the public health services department. The director of public health services shall, subject to the civil service system of the county, employ such assistants and/or employees as are, from time to time, provided for the department by the ordinances of the county.

(Ord. No. G-8006, § 2, 1-26-10)

The environmental health division, of and within the administrative control of the director of public health services, is hereby established. All division personnel who engage in the enforcement of orders, quarantines, and other regulations, as well as rules prescribed by the California Department of Public Health and statutes relating to public health, shall be qualified as required by state law.

Throughout this code, the term "environmental health division" shall refer to and mean the environmental health division of the department of public health services.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8035, § 4, 4-20-10; Ord. No. G-8370, § 3, 12-18-12; Ord. No. G-8907, § 2, 2-25-20)

Editor's note— Ord. No. G-8370, § 2, adopted Dec. 18, 2012, repealed § 2.23.040, which pertained to the duties of the director of environmental health and derived from Ord. No. G-8006, § 2, adopted Jan. 26, 2010; and Ord. No. G-8035, § 4, adopted April 20, 2010.

It shall be the duty of the health officer, with the assistance of the environmental health division, to enforce within Kern County:

A. All orders and ordinances of the board of supervisors pertaining to the public health and sanitary matters;

B. Orders, including quarantines and other regulations, prescribed by the California Department of Public Health; and

C. Statutes relating to public health.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8907, § 3, 2-25-20)

The director of public health services or his/her designee is empowered and directed to promulgate such rules and regulations for the enforcement of the environmental health provisions of this code or deemed advisable in the accomplishment of the purpose and intent of such provisions; such rules shall be enforced as provisions of this code.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8907, § 4, 2-25-20)

A. When the governing body of a city in the county consents by resolution or ordinance, the health officer shall enforce and observe in the city all of the following:

1. Orders, quarantines, and other rules and regulations issued under the provisions of the California Health and Safety Code;

2. Statutes, regulations and rules relating to the public health; and

B. The resolution or ordinance of the city shall be adopted and a certified copy served on the clerk of the board of supervisors on or before the first day of March of any year, and the services of the health officer in the city shall commence on the first day of July next succeeding the giving of notice.

C. The services shall continue indefinitely until the governing body of the city terminates them by adoption of a resolution or ordinance and service of a certified copy on the clerk of the board of supervisors on or before the first day of March of any subsequent year. The services of the health officer shall terminate on the first day of July immediately succeeding the giving of the notice.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8907, § 5, 2-25-20)

A. The director of public health services or his/her designee is empowered and authorized to enter upon and inspect or sample from any facility, premises, or place where a health permit has been or needs to be issued or any facility, premises, or place suspected of posing a health and safety risk, provided that such samples are obtained only for the purpose of analysis or other official purposes.

B. It shall be unlawful for any person, firm, or corporation to prevent, interfere with, or attempt to nullify in any way the work of the director of public health services or his/her designee acting under this code. This shall include, but not be limited to, the failure to provide information to the director of public health services or his/her designee or the attempt to conceal the same.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8907, § 6, 2-25-20; Ord. No. G-9340, § 2, 3-25-25)

A. Pursuant to the provisions of Penal Code Section 836.5, any of the officers and employees of the public health services department set forth in subsection (B) of this section may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his presence which is a violation of any of the following:

1. Orders and ordinances of the board of supervisors pertaining to the public health and sanitary matters;

2. Orders, quarantines, and other regulations, as well as rules prescribed by the California Department of Public Health; and

3. Statutes, regulations and rules relating to public health.

B. All employees of the public health services department who are given authorization by the director of public health services or his/her designee may make arrests and issue written notices to appear.

C. In any case in which a person is arrested and the person does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear.

(Ord. No. G-8006, § 2, 1-26-10; Ord. No. G-8907, § 7, 2-25-20)

Editor's note— Ord. No. G-8252, § 2, adopted Jan. 31, 2012, deleted § 2.23.100 which established the animal control division and derived from Ord. No. G-8006, § 2, adopted Jan. 26, 2010. See § 7.08.006 for similar provisions pertaining to establishment of the animal control department.

Editor's note— Ord. No. G-8252, § 2, adopted Jan. 31, 2012, deleted § 2.23.110 which established the director of animal control and derived from Ord. No. G-8006, § 2, adopted Jan. 26, 2010. See § 7.08.009 for similar provisions.

The emergency medical services division, of and within the administrative control of the director of public health services, is hereby established and shall consist of the director of emergency medical services and such necessary assisting personnel as may be approved by the board of supervisors.

(Ord. No. G-8006, § 2, 1-26-10)

The position of director of emergency medical services is established. The director shall be appointed by and serve under the direction of the director of public health services. Such director shall, subject to the civil service system of the county, appoint such assistants and other employees as may be, from time to time, authorized by the board of supervisors.

(Ord. No. G-8006, § 2, 1-26-10)

The emergency medical services division shall have a medical director, appointed by and serving at the pleasure of the board of supervisors, who shall be responsible for the exercise of the duties and powers of a medical director as set forth in Health and Safety Code Section 1797.202.

(Ord. No. G-8006, § 2, 1-26-10)