Vallejo Municipal Code Ch. 7.93 Posting of First Aid Instructions—choking in Restaurants

The city council finds and determines that in restaurants throughout the city incidents of persons choking on food may occur. First aid instructions, designed and intended for use in removing food which may be stuck in a person's throat, pasted in a public place would have an educational value for the general public, may reduce the chances of life saving procedures, such as the Heimlich maneuver, being applied incorrectly, and may save the life of a person choking on food. Consequently, the city council enacts the ordinance codified in this chapter pursuant to its police powers for the health, safety and welfare of its citizens and for any person patronizing restaurants in the city.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)

The Solano County division of environmental health services shall supply to the proprietor of every restaurant in this city, as the term "restaurant" is defined in State Health and Safety Code Section 28622, approved first aid instructions designed and intended for use in removing food which may become stuck in a person's throat, which instructions are to be in accordance with State Health and Safety Code Section 28689.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)

The proprietor of every such restaurant shall post the instructions in a public place or places in order that the proprietor, employees, and the public in general may become familiar with them and in order that the instructions may be consulted by anyone attempting to provide relief to a victim in a choking emergency. For purposes of this section, a public place shall not include a public restroom.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)

The city manager and the Solano County division of environmental health services shall enforce the provisions of this chapter.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)

In the absence of other evidence of noncompliance with this chapter, the fact that the instructions were not posted as required by this chapter at the time of a choking emergency shall not in and of itself subject such proprietor, employees, independent contractors, or any member of the public to liability in any civil action for damages for personal injuries or wrongful death arising from such choking emergency.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)

Nothing in this chapter shall impose any obligation on any person to remove, assist in removing or attempt to remove food which has become stuck in another person's throat. In any action for damages for personal injuries or wrongful death neither the proprietor nor any person who nonnegligently under the circumstances removes, assists in removing, or attempts to remove such food in accordance with instructions adopted by the state department in an emergency in a restaurant, shall be liable for any civil damages as a result of any acts or omissions by such person in rendering such emergency assistance.

(Ord. 782 N.C. (2d) § 1 (part), 1984.)