Chapter 8.04 — GENERAL PROVISIONS

A.

The following chapters, except Chapters 8.20, 8.48, 8.52, 8.56, 8.60, 8.64, 8.72, 8.76 and 8.80, constitute "the health and sanitation code" of the city, and shall be cited as such. The provisions of this title are intended to supplement and be used in conjunction with those provisions of state law found in the Health and Safety, Water, Food and Agricultural, Labor, and Penal Codes of the state of California, as well as regulations adopted under such codes, which it is the duty of the city health officer to enforce. The health and sanitation code contemplates the general supervision of all matters not otherwise provided for by state law pertaining to sanitation, the abatement of nuisances prejudicial to the health of the citizens and the prevention of communicable disease.

B.

The health officer is authorized to make additional rules and regulations deemed necessary to maintain proper sanitation and health protection within the city.

(Ord. 6182 § 2, 1986; Ord. 5176 § 1, 1974; Ord. 4498 § 1.00, 1959)

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

A.

"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include, but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings; unless it is apparent from the context that another meaning is intended.

B.

"Catering vehicle" means a vehicle used by a catering business to transport food for service at a specified location. Food is ordered, prepared in advance at a licensed food facility, transported to the location in approved hot or cold boxes, and served on the premises.

C.

"City" means the City of Pasadena.

D.

"Cosmetological or similar establishments" means but is not limited to establishment or school engaging in the following: Cosmetology, beauty, barber, electrolysis, colonic, manicuring, massage, reducing, figure contour, slenderizing, physio- therapy, baths, gymnasium, beauty or barber school or similar establishment.

E.

"Employ" means retain, hire or engage.

F.

"Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

G.

"Food employee" means an employee working with food, food equipment or utensils, or food contact surfaces.

H.

"Food facility" means the same as defined in Section 113789 of the California Health and Safety Code.

I.

"Food market" means a permanent food facility where bulk, canned, wrapped, bottled, and packaged food is stored, displayed, and offered for retail sale for consumption off premises. Food market does not include facilities with less than 25 square feet of prepackaged, non-potentially hazardous food.

J.

"Food processing facility" means a permanent food facility where food is stored, prepared, and offered for retail sale for consumption off premises.

K.

"Food service cart" means an unenclosed, unoccupiable, non-motorized vehicle which from which food is sold or distributed. Food service carts include roaming pushcarts that stop only to complete a transaction, and stationary, fixed location carts.

L.

"Food transportation vehicle" means a vehicle that is operated by a food manufacturer or distributor for the purpose of transporting food from a manufacturing location or distribution warehouse to a retail location. Food transportation vehicle does not include a personal vehicle.

M.

"Food vending machine" means a self-service device that, upon insertion of money or tokens, dispenses food without the necessity of replenishing the device between each vending operation and that operates in conjunction with a commissary.

N.

"Food warehouse" means any place, building, structure, room or portion thereof where fruit, vegetables or any food are commercially stored, kept, or held at any temperature, where any foods are commercially stored at any artificial temperature of less than 45 degrees Fahrenheit, or where ice is stored, other than any coin-operated ice vending structure.

O.

"Hazardous weeds and plants" includes poison oak, poison ivy, poison sumac and any other plant or weed which is noxious, poisonous, dangerous or which bears seeds of a downy or wingy nature, when conditions of growth are such as to constitute a menace to health.

P.

"Health officer" means the health officer of the city, having the usual powers and duties of a local health officer under the general health laws of the state and the Charter and ordinances of the city.

Q.

"Ice cream vehicle" means a vehicle which sells ice cream and or other frozen dessert items in individually packaged single servings.

R.

"Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail, and includes mobile food vehicles and food service carts. Mobile food facility does not include food transportation vehicles, or delivery vehicles used to transport packaged food, pursuant to a prior order, from a food facility to a consumer.

S.

"Mobile food vehicle" means a motorized and/or occupiable mobile food facility. Mobile food vehicles include ice cream vehicles, industrial lunch vehicles, retail produce trucks, and food preparation vehicles.

T.

"Nuisance" means any accumulation of rubbish, filth, garbage, liquid wastes, dust, smoke, fumes, decaying animal or vegetable matter, or any animal or human excrement which, due to inadequate control, storage or disposal, or inadequate or insanitary sewerage or plumbing facilities, may render air, food or water unwholesome or be offensive to the senses of the public or detrimental to the public health.

U.

"Owner" means agent, manager, proprietor, lessee, person, copartnership, company, association, firm, corporation, business or establishment.

V.

"Owning" means controlling, leasing, acting as agent for, conducting, operating, managing, maintaining or occupying.

W.

"Person" means the agent, owner, proprietor, copartnership, company, association, firm or corporation.

X.

"Potentially hazardous food" means food that requires time or temperature control to limit pathogenic micro-organism growth or toxin formation and is the same as defined in Section 113871 of the California Health and Safety Code.

Y.

"Public swimming pool" means a body of water used by people for swimming, diving, wading or recreative bathing and for instruction in swimming or diving, together with the decking, building, equipment and appurtenances related to such places. It includes all bathing places entirely artificial in construction such as wading pools and pools used for swimming schools; commercial, or community pools; pools at hotels, resorts, motels, apartment houses, clubs, parks, public and private schools, or other public or semi-public places. This definition shall not include a privately owned swimming pool located on property improved with a single family residence used only by the owner, his family or guests.

Z.

"Quarantine" means restricted or isolated by proper authority so as to prevent the removal, sale or use of an item, device, substance or piece of equipment.

AA.

"Restaurant" means a permanent food facility where food is stored, prepared, and offered for retail sale for immediate consumption on the premises.

BB.

"Rummage sale or used clothing store" means an establishment that sells odds and ends of used clothing.

CC.

"Sanitized" means thoroughly cleaned and then subjected to an approved bactericidal process.

DD.

"Sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution.

EE.

"Stored" means held, kept, exposed, offered or displayed.

FF.

"Toxic chemical" means any chemical, compound, mixture or substance which is so used, handled, transported, processed or stored that it generates or liberates fumes, dust, mist, gasses, vapors or ionizing radiation in such amounts as to constitute a hazard to health either because of its immediate toxic effects, or because workers are exposed for considerable periods of time to amounts in excess of the maximum allowable concentration set forth in authoritative national publications,

or which creates a health hazard because of deleterious irritation to the skin of persons exposed, or because of the actual or potential hazards to health because of ingestion, inhalation or absorption through the skin.

GG.

"Used clothing" means any wearing apparel, underclothing, bedclothes or bedding which previously belonged to and was worn or used by a person.

(Ord. No. 7334, § 3, 12-17-2018)

Editor's note— Ord. No. 7334, § 3, adopted Dec. 17, 2018, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 4498 § 1.01, 1959; Ord. No. 4564, § 1, 1961; Ord. No. 4898, §§ 1, 2, 1968; Ord. No. 5176, § 2, 1974; Ord. No. 6285, § 1, 1988.

Any person violating any of the provisions of this title, except Chapters 8.16, 8.20, 8.48, 8.52, 8.56, 8.60, 8.64, 8.72 and 8.76 or any rule or regulation of the health officer is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00; or, by imprisonment in the city jail for a period of not more than 6 months; or, by both such fine and imprisonment. Each such person is deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person and shall be punishable therefor as provided by this title.

(Ord. 4498 § 13.01, 1959)

(Ord. No. 7334, § 4, 12-17-2018)