Santa Clara County Municipal Code Ch. II Santa Clara County Public Health Department

There is the Santa Clara County Public Health Department and the positions of Director of Public Health and Public Health Officer. The Director of Public Health and Public Health Officer shall be appointed by and supervised by the County Executive in accordance with the provisions of the Charter and this Code.

(Ord. No. NS-300.803, § 5, 11-3-09; Ord. No. NS-300.869, § 1, 12-17-13)

The Director of Public Health shall be responsible for the administration of the Department and such other duties as authorized by the County Executive. The Director shall also administer the California Children's Services program in the County in accordance with the provisions of the California Health and Safety Code. The Director is expected to assure that proper personnel, equipment, supplies and facilities are provided to carry out these prescribed functions. The Director shall determine and transmit the needs of the Department to the County Executive.

(Ord. No. NS-300.803, § 5, 11-3-09)

The Public Health Officer shall observe and enforce all orders and standards pertaining to public health and sanitation that are adopted by the Board of Supervisors.

This responsibility is in addition to all the duties prescribed by state statutes and regulations, including, but not limited to, Health and Safety Code § 101000 et seq.

(Ord. No. NS-300.803, § 5, 11-3-09; Ord. No. NS-300.869, § 2, 12-17-13)

The Public Health Officer shall observe and enforce all of the following, in any incorporated city of the County, when the governing body of said city consents by resolution or ordinance, as provided in Health and Safety Code § 101375:

(1) Orders, quarantine regulations, rules prescribed by the State Health Department and other rules and regulations issued under provisions of the Health and Safety Code.

(2) Statutes relating to the public health.

(3) Ordinances, rules and regulations of an incorporated city relating to public health and sanitation, inspections, and other related functions, as may be agreed upon by contract between said city and the County, as provided in Health and Safety Code §§ 101400, 101405, and 101410.

(Ord. No. NS-300.803, § 5, 11-3-09)

The Public Health Officer and his or her assistant or other duly authorized representative shall have authority and shall be permitted in the course of their duties to enter into and upon, and to inspect any and all lands, places, buildings, and structures, and the contents thereof, within the corporate limits of the County; and it shall be unlawful for any person to resist, hinder or interfere with said officers or employees in the performance of their duties.

(Ord. No. NS-300.803, § 5, 11-3-09)

The Public Health Officer or his or her designee may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person has committed a misdemeanor in his or her presence which is a violation of any statute or ordinance which the Public Health Officer is empowered to enforce. In any case in which a person is arrested pursuant to the provisions of this section, and the person arrested does not demand to be taken before a magistrate, the Public Health Officer or his or her designee shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by the Penal Code.

(Ord. No. NS-300.803, § 5, 11-3-09)

(a) Whenever an epidemic or any contagious or infectious disease is prevalent in the County, the Public Health Officer is authorized and empowered to forbid the holding of any meeting or gathering, either public or private, and to order closed any place where meetings are held as needed to prevent the spread of disease.

(b) No person when so forbidden by the Public Health Officer, may hold any of the meetings or gatherings hereinabove mentioned, attend or take part in the same, or open any place where the meetings or gatherings are held.

(Ord. No. NS-300.803, § 5, 11-3-09)

The Public Health Department is authorized to charge and collect fees for various services and products as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-300.803, § 5, 11-3-09)

The Director of the Public Health Department, Public Health Officer or their designees may waive or reduce fees provided for in this chapter where in the judgment of the Department, payment of fees would present a hardship for the individual and where the delivery of services or provision of products serves to protect the public's health.

(Ord. No. NS-300.803, § 5, 11-3-09)