Oceanside Municipal Code Art. I In General

For the purposes of this chapter, "health officer" includes the health officer of the county, his duly authorized representatives and any person regularly appointed by the city to enforce the provisions of this chapter.

(Ord. No. 83-14, § 4, 4-27-83)

For the purposes of this chapter, "department" shall mean the San Diego County Department of Health Services.

(Ord. No. 83-14, § 4, 4-27-83)

For the purposes of this chapter, "director" shall mean the director of the San Diego Department of Health Services or his duly appointed deputy or representative.

(Ord. No. 83-14, § 4, 4-27-83)

For the purposes of this chapter, "establishment" means any restaurant; itinerant restaurant; food vending vehicle; vending machine, other than a vending machine which dispenses wrapped nonperishable solid foods or which dispenses bottled or canned liquid foods or beverages other than milk, ice cream, milk products or other perishable foods or beverages, or which exclusively dispenses peanuts, wrapped candy, chewing gum or ice; grocery; pet shop; food market; meat or fish market; bakery; confectionery; delicatessen; food or potable liquid packing or bottling plant; plant or room used to prepare any food or beverage product whatsoever that is dispensed by machine, whether or not such food or beverage product is perishable and whether or not such dispensing machine is a "vending machine" as defined in the California Restaurant Act; temporary or permanent food or beverage concession; winery; package liquor store; or any other place in the county where food or beverages are prepared for sale, sold, stored, distributed or displayed for sale.

"Establishment" does not include a wholesale delivery truck used exclusively to transport previously inspected and packaged, canned or bottled foods or beverages, or any combination thereof, and does not include a retail delivery truck used exclusively to transport previously inspected and packaged canned or bottled milk, water or groceries, or any combination thereof; "establishment" does include any wholesale or retail delivery truck transporting any food or beverage product other than or in addition to the aforementioned types of products.

(Ord. No. 83-14, § 4, 4-27-83)

Any establishment or activity which is found by the health officer to be unsanitary or a menace to the public health or which is in violation of this chapter or of the California Restaurant Act is declared to be a public nuisance. The health officer is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the health officer is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the health officer shall inaugurate proceedings in accordance with Chapter 17A of this Code or shall seek a court order abating the nuisance. Nothing in this Code shall be deemed to limit the right and duty of the health officer to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive but are cumulative to other remedies provided by law.

(Ord. No. 83-14, § 4, 4-27-83)

No person shall sell, offer for sale, barter, trade or give away any food or beverage, and no person shall permit the same to be done, from any establishment unless such establishment has a valid public health permit, which permit has not been revoked or suspended.

(Ord. No. 83-14, § 4, 4-27-83)

Any person desiring a permit required by this chapter shall make application therefor as prescribed in Title 6, Division 5, of the San Diego County Code of Regulatory Ordinances which is incorporated herein by reference.

(Ord. No. 83-14, § 4, 4-27-83)

(a) Fees. Any fees required to obtain any permits set forth in this chapter are set forth in the health permit fee schedule found in section 14.25 of this Code.

(b) Procedures. Procedures regarding granting, denial, revocation or suspension of permits required by this chapter are set forth in section 14.29 et seq. of this Code.

(Ord. No. 83-14, § 4, 4-27-83)