HomeMy WebLinkAboutORD 2002-058 - ORDINANCE NO. 2002-58
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES BY AMENDING CHAPTER 12,
HEALTH AND SANITATION, REPEALING CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH
SEPARATE OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect
the health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that it is a necessity to
regulate the activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
�" contained herein, and has complied with all prerequisites necessary for the passage of
this Ordinance; and
WHEREAS, the City has determined that an amendment of Chapter 12, Health
and Sanitation, of the Code of Ordinances is in the best interest of the City, and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. All matters stated in the preamble are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12 Health and Sanitation, Article I in General, is
hereby deleted in its entirety and replaced by the following Articles I —V:
"ARTICLE I. FOOD ESTABLISHMENTS
DIVISION I. GENERAL
Sec. 12-1. Purpose.
� . The purpose of these rules is to safeguard public health and provide to
consumers food that is safe, unadulterated, and honestly presented.
, Sec. 12 —2. Designation of health authority.
The City of Grapevine, Texas, designates the City of Euless Health Services as
its health authority for the purpose of ensuring minimum standards of environmental
health and sanitation within the scope of that department's function.
Sec. 12 — 3. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings as ascribed to them in this section, except where the context clearly indicates
a different meaning:
• Adulterated food— A food containing any poisonous or deleterious substance
as specified in the Texas Health and Safety Code, Chapter 431, § 431.081.
• Approved — Acceptable to Health Services based on a determination of
conformity with principles, practices, and generally recognized standards that
protect public health.
" ' • Beverage —A liquid for drinking, including water.
�� • Building Official— Is the officer or other designated authority charged with the
administration and enforcement of this code, or the Building Official's duly
authorized representative.
• Consumer— A person who is a member of the public, purchases and takes
possession of food, is not functioning in the capacity of an operator of a food
establishment or food processing plant, and does not offer the food for resale.
• Department—The Texas Department of Health.
• Easily cleanable — A characteristic of a surface that allows effective removal
of soil by normal cleaning methods; is dependent on the material, design,
construction, and installation of the surface; and varies with the likelihood of
the surface's role in introducing pathogenic or toxigenic agents or other
contaminants into food based on the surface's approved placement, purpose,
and use.
• Emp/oyee - means any person manufacturing, packaging, producing,
processing, storing, selling, offering for sale, vending, preparing, serving, or
handling any food in a food establishment.
ORD. NO. 2002-58 2
• Food — A raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale in whole or in part for human
�.. � consumption, or chewing gum.
• Food establishment — An operation that stores, prepares, packages, serves,
or otherwise provides food for human consumption such as: a food service
establishment; retail food store; satellite or catered feeding location; catering
operation, if the operation provides food directly to a consumer or to a
conveyance used to transport people; market; remote catered operations;
conveyance used to transport people; institution; or food bank; and that
relinquishes possession of food to a consumer directly, or indirectly through a
delivery service such as home delivery of grocery orders or restaurant takeout
orders, or delivery service that is provided by common carriers.
• Food hand/er - means any person who prepares, serves, packages or
handles open food or drink, or who handles clean utensils, pots, pans, or
single-service items.
• Hea/th Services— City of Euless Health Department (Code Services).
• Nonprofit facility means:
(a) All government entities and political subdivisions and public school
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districts.
(b) Organizations chartered under the Texas non-profit corporation act.
(c) Operations exempted by Internal Revenue Code Section 501 C.
• Mobile food establishment — A vehicle mounted food establishment designed
to be readily moveable. (includes a Push Cart)
• Packaged — Bottled, canned, cartoned, securely bagged, or securely
wrapped, whether packaged in a food establishment or a food processing
plant. The term does not include a wrapper, carryout box, or other non-
durable container used to containerize food with the purpose of facilitating
food protection during service and receipt of the food by the consumer.
• Permit— The document issued by Health Services that authorizes a person to
operate a food establishment.
• Permit holder— The entity that is legally responsible for the operation of the
food establishment such as the owner, the owner's agent, or other person;
and who possesses a valid permit to operate a food establishment.
• Person in charge — The individual present at a food establishment who is
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responsible for the operation at the time of inspection.
ORD. NO. 2002-58 3
. • Temporary food establishment — A food establishment that operates for a
period of no more than 5 consecutive days in conjunction with a single event
.�. � or celebration no more than 4 times a year.
• Vending machine — A self-service device that, upon insertion of a coin, paper
currency, token, card, or key, dispenses unit servings of food in bulk or in
packages without the necessity of replenishing the device between each
vending operation.
DIVISION II. AMENDMENTS /ADMINISTRATION
Sec. 12-4. Amendment Standards
The enforcement of this article shall be regulated in accordance with the Texas
Department of Health, Bureau of Food and Drug Safety, Retail Foods Division "Texas
Food Establishment Rules 25 TAC" 229.161-229.171, 229-173-229.175, The Texas
Food, Drug and Cosmetic Act" (Vernon's Texas Health and Safety Codes Chapter
431), and "Texas Sanitation and Health Protection Law" (Vernon's Texas Health and
Safety Code Chapter 341), a copy of which shall be on file in the office of the city
secretary.
Sec. 12-5. Food Handler Card Required
a) Every Food service Employee shall within thirty (30) days of the date of
�'�`� employment, be the holder of a current valid Food Handler Card, issued by Health
Services.
b) No person who owns, manages or otherwise controls any Food Service
Establishment shall permit any Food Service Employee to come in contact with any
defined food related areas if the employee does not within thirty (30) days after
employment possess a current valid Food Handler Card issued by Health Services.
c) Every food service or food establishment shall have available on the premises
at all times the food handling card of each employee for inspection, and if requested,
shall provide the City of Euless Health Services with documentation of the date of
employment of any employee of the establishment.
d) Temporary food service establishments operated in conjunction with a special
event shall be exempt from this required Food Handler's card.
e) Every card issued shall remain effective for a period of two years and may be
renewed upon successful completion of additional approved refresher courses and
payment of renewal fees. Food handler cards are the property of the person named
- thereon and must be returned by employers to such person upon cessation of
employment.
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ORD. NO. 2002-58 4
Sec. 12-6. Food Handling Class Required — Food Handler Card
_s ,p In order to receive a Food Handler Card, every person owning, employed by, or
otherwise connected with a Food Establishment whose work brings him/her into contact
with food, utensils or food service equipment shall be required to attend a Food
Handling class held by Health Services before a Food Handler card will be issued. An
approved food management protection training program as required by chapter 438,
subchapter D; Texas Health and Safety Code, as amended, may be substituted for the
course provided by the City of Euless Health Services.
Sec. 12-7. Food Establishments Permits Required
a) No person shall operate a food establishment without a current, valid food
establishment permit issued by Health Services.
b) A separate permit shall be required for every food establishment with separate
and distinct facilities and operations, whether situated in the same building or at
separate locations. Separate and distinct lounge operations within a food establishment
that are in addition to food operations require a separate permit. (Inclusive of bars,
deli(s) or like businesses)
c) Permits issued under the provisions of this article are not transferable. A
permit shall be valid for the period of time shown on the face of the permit, unless
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earlier suspended or revoked by Health Services.
d) The application for a new or a renewed permit shall be made on an application
form prescribed by Health Services.
e) The application shall require the applicant's name, type of business
organization, the name and address of the owner or principal officer of the business, the
nature of the business, the location of the business, and such other information as
Health Services deems necessary.
f) Applications for permits for mobile food units or temporary event
establishments which operate from a fixed food facility located outside of the city shall
have correct truck registration, insurance, and valid/current driver's license information
for each vehicle and each driver.
g) A Temporary Food/Event Establishment permit shall be required and daily
inspections shall be required.
h) Health Services shall not renew an expiring or expired permit until the owner
or operator of the food establishment provides proof of compliance with current
minimum health requirements. .
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ORD. NO. 2002-58 5
i) Upon change of ownership of a business, the new owner shall be required to
meet current food establishment standards as defined in this code and state law before
�f;;,.. a permit will be issued by Health Services.
j) The following types of establishments are exempt from the requirements of this
article:
(1) Group homes;
(2) Establishments selling only commercially packaged, non-potentially
hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members,
families, and invited guests. Facilities are not exempt when food
service is provided in conjunction with a child care facility, retirement,
center, hospital, school, indigent feeding program or public fundraising
events; and
(5) Private schools that do not have a kitchen.
k) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates,
�"� or is in control of a food establishment that is operating without a valid
food permit.
(2) A person commits an offense if the person owns or operates a food
establishment and knowingly fails to post and maintain a permit.
Sec. 12-8. Classification of permits.
a) Food establishment permits shall be classified according to the duration of
operation and location of such operation.
b) The duration of a permit shall fall within one of three categories; annual,
temporary, or seasonal, as follows:
(1) Annual. An establishment that operates throughout the year.
(2) Temporary. An establishment that operates five (5) consecutive
days/or fewer, in conjunction with a special event no more than (4)
times a year.
(3) Seasonal. An establishment that operates no more than six (6)
�,�.� weekends consecutively, two (2) times each year, and not associated
with a special event. Establishment shall be issued (1) one permit two
ORD. NO. 2002-58 6
_. (2) times per year, with permission from primary business location and
operate as secondary only to primary business location with current
w _Y and valid certificate of occupancy and during normal business hours.
No seasonal permits shall be issued for any residential zones.
c) The location classification of a permit shall fall within one (1) of two (2)
categories, either fixed or mobile, as follows:
(1) Fixed food establishments.
a. Food service establishment — restaurants, cafeterias, snack
bars, bakeries, snow cone stands, caterer's commissaries,
private school cafeterias, halfinray house food services, hospital
kitchens/cafeterias, institutional food services, etc., where food
is prepared and served.
b. Retail food stores handling prepackaged, potentially hazardous
foods.
c. Retail food stores handling, processing or selling open foods.
d. Food warehouses/wholesalers
e. Bars/lounges.
(2) Mobile food units.
a. Retail food unit handling prepackaged food.
b. Retail food unit (including trailers, mobile barbecues, snowcone
units, etc.) handling, processing or selling open food. A
separate permit is required for each different type of mobile unit
owned or operated by an individual or company.
c. Any person or firm who operates a Mobile Food Unit or a Mobile
Food Establishment as defined in this ordinance shall not
operate such establishment within one block of any block
containing an elementary or junior high school.
d. Only food items previously approved by Health Services may
be sold on a Mobile Food Unit. Non-food items such as toys,
fireworks, or any hazardous substances such as stink bombs are
prohibited.
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ORD. NO. 2002-58 7
_ . Sec. 12-9. Permits —Authority to Issue
,�,� Health Services is hereby authorized to issue permits to any person or firm
making application for a Food Establishment Permit, Food Handler Permit, Mobile Food
Establishment or a Temporary Food Establishment Permit in the City of Grapevine;
provided that only a person or firm that complies with the requirements of this ordinance
shall be entitled to receive and retain such permit.
Sec. 12-10. Permits —Application
a) Application for such permit as required by this ordinance in Section 12-7(a)
shall be made in writing to Health Services upon forms prescribed and furnished by
Health Services.
b) A Food Establishment permit Plan Review fee shall be due for each Food
Establishment that requires plans to be submitted according to Section 12-7 of this
chapter.
c) A Food Establishment permit application fee shall be due for each Food
Establishment that requires a new Food Establishment permit due to change of
ownership, change in type of operation, or revocation, and a new application shall be
made for a permit as required by Section 12-7(a) of this ordinance. Whenever a new
" Food Establishment Permit is required, Health Services shall inspect the Food
Establishment prior to beginning operation to determine compliance with requirements
`� �° of this ordinance.
d) Failure to provide all required information, or falsifying information required on
the application, may result in denial or revocation of the permit.
Sec. 12-11. Review of Plans
a) Submission of p/ans. Whenever a food service establishment is constructed
or remodeled and whenever an existing structure is converted to use as a food service
establishment, properly prepared plans and specifications for such construction,
remodeling or conversion shall be submitted to the City of Grapevine Building
Department for review and approval before construction, remodeling or conversion is to
begin. The plans and specifications shall indicate the proposed layout, arrangement,
mechanical plans and construction materials of work areas, and the type and model of
proposed fixed equipment and facilities. The Building Department shall approve the
plans and specifications if they meet the requirements of these rules. No food service
establishment shall be constructed, remodeled or converted except in accordance with
plans and specifications approved by the Building Department.
.� b) Pre-operational inspection. Whenever plans and specifications are required
by subsection (a) of this section to be submitted to the building department, the Building
�:,� Department shall inspect the food service establishment prior to its beginning operation
ORD. NO. 2002-58 8
to determine compliance with the approved plans and specifications and with the
requirements to these rules. (Code 1974, § 8-89)
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Sec. 12-12. Posting of Food Establishment and Temporary Food Establishment
Permits
Every permit holder or person in charge shall at all times have available on
display in public view the Food Establishment Permit, Mobile Food Establishment
Permit, or Temporary Food Establishment Permit.
Sec. 12-13. Permits — Duration
a) Any Food Establishment Permit or Mobile Food Permit granted under the
provision of Section 12-7(a) of this ordinance shall remain in full force and effect twelve
(12) months from the date of issuance as long as the annual food establishment permit
fee is paid and unless said permit is denied, suspended or revoked for cause. A Food
Establishment Permit that lapses for non-payment of the annual food establishment
permit fee will be re-instated upon payment of a re-instatement fee, except that permits
lapsed for more than three (3) months may not be re-instated.
b) An exception to paragraph (a) above is that a Temporary Food Establishment
Permit shall remain in full force and effect for a period of time not more than five (5)
��� consecutive days from date of issuance in conjunction with a single event or celebration
unless suspended or revoked for cause.
Sec. 12-14. Permits — Non-transferable
Every permit issued under the provisions of this ordinance shall be non-
transferable, non-refundable, and at Health Services discretion. A Food Establishment
or Temporary Food Establishment Permit shall permit the operation of the
establishment only at the location, for the type of food service, and for the permit holder
for which granted.
Sec. 12-15. Inspection Frequency
a) An inspection of a Food Service Establishment shall be performed at least
twice annually and shall be prioritized based upon assessment of a Food
Establishment's compliance and potential of causing food borne illness according to the
Texas Food Establishment Rules.
b) Additional inspections of the Food Establishment shall be performed as often
as necessary for the enforcement of this ordinance.
_e Sec. 12-16. Inspections Regulations
� a) Health Services may enter premises or vehicles regulated by this article at all
reasonable times whenever it is necessary to make an inspection to enforce any of the
ORD. NO. 2002-58 9
provisions of this article or other laws regulating food, to inspect permits, certificates,
and other records required by this article and state and federal laws regulating food, to
,�,;.� collect samples of food and other substances as may be necessary for the detection of
unwholesomeness or adulteration, or whenever probable cause exists to believe that a
violation of this article or other laws regulating food exists.
b) Health Services shall first present credentials and demand entry if the
premises are occupied. If the premises are unoccupied, the inspector shall first make a
reasonable attempt to locate the owner, operator or other person in control of the
premises and demand entry.
c) If entry is denied or if a person in control cannot be located, Health Services
shall have every recourse provided by law to secure entry, including obtaining a search
warrant.
Sec. 12-17. Examination and Condemnation of Food Generally
Food may be examined or sampled by Health Services as often as necessary for
enforcement of these rules. Health Services, upon written notice to the owner or person
in charge specifying with particularity the reasons therefore, may place a hold order on
any food which it believes is in violation of Texas Food Establishment Rules. Health
Services shall tag, label, or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served, or moved from the
� � establishment. Health Services shall permit storage of the food under conditions
specified in the hold order, unless storage is not possible without risk to the public
health, in which case immediate destruction shall be ordered and accomplished. The
hold order shall state that a request for hearing may be filed within ten days and that if
no hearing is requested the food shall be destroyed. A hearing shall be held if so
requested, and on the basis of evidence produced at that hearing, the hold order may
be vacated, or the owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into compliance with the provisions
of these rules.
Sec. 12-18. Procedure When Infection Is Suspected
When Health Services has reasonable cause to suspect the possibility of disease
transmission from any food service establishment employee, it may secure morbidity
history of the suspected employee or make any other investigation as may be indicated
and shall take appropriate action. Health Services may require any or all of the
following measures:
(1) The immediate exclusion of the employee from all food service
_ _ establishments;
..�..� (2) The immediate closing of the food service establishment concerned until, in
the opinion of Health Services, no further danger of disease outbreak exists;
ORD. NO. 2002-58 10
(3) Restriction of the employee's services to some area of the establishment
where there would be no danger of transmitting disease; and
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(4) Adequate medical and laboratory examination of the employee, of other
employees and of his and their body discharges.
Sec 12-19. Remedies
a) Penalties. Any person who violates a provision of these rules and any person
who is the permit holder of or otherwise operates a food service establishment that does
not comply with the requirements of these rules and any responsible officer of that
permit holder or those persons shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not to exceed $2,000.00 for violations of
provisions governing public health and sanitation for each offense. Each day that such
violation shall continue shall be deemed a separate and distinct offense and shall be
punished as such.
b) Injunctions. Health Services may seek to enjoin violations of these rules.
Sec 12-20. Additional Requirements for Mobile Ice Cream Vendors and Other
Vehicles Vending Products to Children.
` � a) Additiona/requirement for issuance of permit.
�"� (1) All drivers of ice cream trucks and other vehicles vending products to
children shall submit a copy of their commercial driver's license to the city and obtain
the permit described in this article before operating such vehicle. A commercial driver's
license is required.
(2) All permit applicants shall provide proof of automobile insurance
according to state law along with the application.
(3) All applicants shall be subject to a criminal history background check,
and shall consent to such check as a condition of application. A conviction for any
offense involving actual or attempted homicide, kidnapping, assault or assaultive
offenses, unlawful sexual conduct or assault, theft (including robbery or burglary),
prostitution or obscenity shall be grounds for disqualification of an applicant.
b) Safety equipment for ice cream trucks.
(1) Signs stating "WATCH FOR CHILDREN" must be provided on the
front, back, and both sides of the vehicle in at least four inch letters of contrasting
colors.
_ (2) The company name, address, and phone number must be on both
sides of the vehicle in at least three-inch letters of contrasting colors.
ORD. NO. 2002-58 11
, (3) A serving window, capable of being closed when not in use, must be
provided and must be located on the curbside only.
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(4) Left and right outside rear view mirrors as well as two additional
outside wide-angle mirrors on the front and back of the vehicle must be provided to
enable the driver to see around the entire vehicle.
(5) Operable yellow or amber flashing hazard lights that are clearly visible
not less than 100 yards from the mobile unit under average daylight conditions shall be
provided. Such lights shall be mounted no more than 12 inches below the roof of the
mobile unit. No fewer than two lights shall be visible from each approach.
(6) A rear bumper cover shall be installed to prevent children from
standing or jumping on the rear of the vehicle.
c) Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream trucks are permitted to vend in an area for no
more than 15 minutes, then they must move to another location.
`�"� b. Mobile ice cream vending is prohibited within City of Grapevine
parks.
c. Mobile ice cream trucks shall not vend within one block of any
block containing an elementary or junior high school during school
hours or within one hour before or after school hours on a day that
school is scheduled to be in session.
d. Mobile ice cream trucks shall not vend within 100 feet from an
intersection.
(2) Hours of operation.
Mobile ice cream vending may only occur from 10:00 a.m. to one-half hour
before sunset.
(3) Use of sound equipment.
a. Use of sound equipment shall be limited to music or human
speech.
. . b. Sound shall not be audible more than 100 yards from the truck.
Sound shall be produced at no more than 80 dBA.
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ORD. NO. 2002-58 12
c. Sound equipment may only be used from 10:00 a.m. until one-
half hour before sunset.
d. Sound shall not be broadcast within 100 yards of schools during
school hours while school is in session, or within 100 yards of
hospitals, churches, courthouses, funeral homes, or cemeteries.
e. Sound shall be turned off while the vehicle is stopped for
vending.
(4) Safety precautions.
a. Drivers shall check around the vehicle before leaving the area to
ensure that children are not remaining. When handing the
purchased product to the children, drivers shall make certain traffic
is clear, in case a child leaves the truck immediately and fails to
observe the hazard of oncoming traffic.
b. Child customers shall not be allowed inside the vehicle. This
provision shall not apply to children related to the driver within the
third degree of consanguinity or affinity, while riding with the driver
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along the sales route.
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DIVISION III. ENFORCEMENT
Sec. 12-21. Enforcement options.
When the Building Official or his designee has determined that a violation of this
article has occurred or is occurring, the following remedies are available to Health
Services. The remedies provided for in this section or elsewhere in this article are not
exclusive. Health Services may take any, all, or any combination of these actions
against a violator, consecutively or concurrently:
a) Issuance of a warning notice, verbal or written;
b) Issuance of one or more citations;
c) Emergency closure/suspension order;
(1) Post and maintain a placard at the entrance of the food establishment,
notice of the conditions therein, or to require the owner, operator, or
person in charge of the establishment to maintain the placard at the
entrance that this establishment is closed;
(2) To suspend without delay its food establishment permit.
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ORD. NO. 2002-58 13
d) Conditions which warrant the actions authorized include but are not limited to
loss of electrical power, interruption of water service, sewage backing up into the
,,-..� establishment, serious lack of sanitation, or catastrophic occurrence.
e) The owner, operator, or other person in charge of the establishment will be
given written notice of the reason for the closure and/or suspension.
f) Upon receipt of the notice, the food establishment shall immediately cease
food operations.
g) A person commits an offense if the person engages in food operations in an
establishment which has been closed or had its license suspended pursuant to this
section.
h) A person commits an offense if the person removes or tampers with any notice
posted pursuant to this subsection.
Sec. 12-22. License, Certificate or Permit Suspension
a) Health Services may, without warning, notice or hearing, suspend any permit,
license or certificate to operate a food service establishment if the holder of the permit,
license or certificate has failed to comply with the requirements of these rules; and such
" `` noncompliance constitutes a hazard to public health. Health Services may end the
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suspension at anytime if the reason for suspension/emergency closure no longer exists.
b) If an imminent health hazard exists, such as complete lack of refrigeration or
sewage backup into the establishment, the establishment shall immediately cease food
service operations. Operations shall not be resumed until authorized by Health
Services.
Sec. 12-23. Revocation proceedings.
a) Notification of right to hearing. When a notice of suspension is given the
holder of the permit or certificate or the person in charge (should said person not agree
with the findings of the inspection report); then said person must submit a petition in
writing requesting a hearing. If no written request for hearing is filed within ten (10)
days of receipt of the notice of suspension, the permit or certificate will be suspended.
Health Services may end the suspension at any time if reasons for suspension no
longer exist.
b) In its petition, the petitioner shall indicate the provisions of the action objected
to, and the reasons for the objection(s), any facts that are contested, the evidence that
supports the petitioner's view of the facts, and whether the petitioner requests a hearing
� on its petition.
�. c) Hearings. The hearings provided for in this chapter shall be conducted by the
City Manager or his designee who will designate the time and place for the hearing.
ORD. NO. 2002-58 14
Based upon the recorded evidence of such hearings: the City Manager or his designee
shall make a finding and shall sustain, modify or rescind any notice or order considered
.,�.�,� in the hearing.
d) This hearing shall be deemed to exhaust the administrative remedies of the
person aggrieved.
Sec. 12-24 — 12-30 Reserved
ARTICLE II. DAY CARE CENTERS
DIVISION I. GENERAL
Sec. 12-31. Purpose.
The purpose of this article is to supplement state statutes and regulations
governing day care centers by providing standards for operation of day care centers in
the City of Grapevine to protect the health, safety and welfare of the occupants and
patrons of day care centers.
Sec. 12-32. Designation of health authority.
�Y� The City of Grapevine , Texas, designates the City of Euless Health Services as
its health authority for the purpose of ensuring minimum standards of environmental
� health and sanitation within the scope of that department's function.
Sec. 12-33. Texas Department of Protective and Regulatory Services Regulations
Adopted
a) The provisions of the current rules or rules as amended, known as the
"Minimum Standards for Day Care Centers", found in Title 40 Texas Administrative
Code, Chapter 715, Section 401 through 429 are herein adopted together with the
additions, deletions, and amendments hereinafter contained, as part of Article II, Day
Care Centers, of the "Health and Sanitation" Chapter of the Code of Ordinances of the
City of Grapevine.
b) An un-abridged copy of the "Minimum Standards for Day Care Centers" shall
be kept on file in the Office of the City Secretary. The provisions of the "Minimum
Standards for Day Care Centers" shall apply, as though such regulations were copied at
length herein, except where specific other provisions are expressed within this Article.
Sec. 12-34. Definitions.
. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
r�,.� different meaning:
ORD. NO. 2002-58 15
_._ . • Building Official— Is the officer or other designated authority charged with the
administration and enforcement of this code, or the Building Official's duly
�.�„� authorized representative.
• Child—A person under eighteen (18) years of age.
• City— City of Grapevine
• City Code — The Code of Ordinances of the City of Grapevine, as amended
from time to time.
• Day care center— A facility that provides care for more than five (5) children
under fourteen (14) years of age, who are not the natural or adopted children
of the owner or operator of the day care center, for less than twenty-four (24)
hours a day.
• Department—The Texas Department of Health.
• Food service —The preparation or serving of ineals or snacks.
• Handwashing lavatory — A basin with hot and cold running water for the
washing of hands.
• Hea/th Department—The City of Euless Health Services (Code Services).
�.�,
• Health department permit — A certificate issued by the City of Euless Health
Services upon application and inspection of a day care center which at the
time of issuance complied with applicable city ordinances.
• Infant—A child younger than eighteen (18) months old.
• Iso/ation area — An area or room apart from other facilities which shall be
available for use by children who become sick or injured.
• Owner — A person having any legal or equitable interest in the business or
operation of a day care center. A person is deemed to be an owner for
purposes of this chapter if that person operates, conducts, manages,
maintains or controls, either directly or indirectly, a day care center.
• Person —An individual or any other legal entity.
• Premises—A tract of land with the buildings thereon, or a building or part of a
building with its grounds or other appurtenances.
• Pre-schoolers— Children between two (2) and five (5) years of age.
�....�r
ORD. NO. 2002-58 16
• Refuse — All wastes resulting from domestic, commercial or industrial
operations incidental to urban life, except sewage, but including garbage,
�,;�,� brush and trash.
• Restroom — A self-contained enclosure with a door on it, containing at least
one (1) lavatory and one (1) commode.
• Sewage — The liquid waste, which may or may not contain solids, from the
plumbing facilities or sanitary conveniences of a building, dwelling unit,
business building, factory or institution.
• Single purpose sink — A sink that is used for only one (1) purpose, said
purpose being specifically designated by the facility and approved by Health
Services. Types of single-purpose sinks include, but are not limited to:
handwashing lavatories at diaper changing stations, handwashing lavatories
in restrooms, wastewater disposal sinks, and sinks required for food service
preparation in accordance with the rules on food service sanitation.
• Todd/er— Any Child between eighteen (18) and twenty-three (23) months of
age.
�.,:�
The term "child care" shall not apply to:
�
a) A State-operated facility;
b) An agency foster group home or agency foster home as defined by the Texas
Human Resources Code, Chapter 42;
c) A facility that is operated in connection with a shopping center, business,
religious organization or establishment where children are cared for during short
periods while parents or persons responsible for the children are attending religious
services, shopping or engaging in other activities on or near the premises, including but
not limited to retreats or classes for religious instruction;
d) A school or class for religious instruction that does not last longer than two (2)
weeks and is conducted by a religious organization during the summer months;
e) A youth camp licensed by the Texas Department of Health;
f) A hospital licensed by the Texas Department of Health and Mental
Retardation or the Texas Department of Health;
g) An educational facility accredited by the Texas Education Agency or the
Texas Private School Accreditation Commission that operates primarily for educational
purposes in grades Kindergarten and above;
�� h) An educational facility that operates solely for educational purposes in grades
Kindergarten through at least Grade 2, that does not provide custodial care for more
ORD. NO. 2002-58 17
than one (1) hour during the hours before or after the customary school day, and that is
a member of an organization that promulgates, publishes and requires compliance with
�.,.� health, safety, fire and sanitation standards equal to standards required by State, county
and municipal codes.
i) Kindergarten or preschool educational program that is operated as part of a
public school or a private school accredited by the Texas Education Agency or the
Texas Private School Accreditation Commission, that offers educational programs
through Grade 6, and that does not provide custodial care during the hours before or
after the customary school day;
j) A family home as defined by the Texas Human Resources Code, Chapter 42;
k) An educational facility that is integral to and inseparable from its sponsoring
religious organization or an educational facility, both of which do not provide custodial
care for more than two (2) hours maximum per day, and that offers educational
programs for children age five (5) and above in one (1) or more of the following:
Kindergarten through at least Grade 3, elementary or secondary grades; provided,
however, that a religious organization, such as that described in Subsection c) above,
where children are cared for during short periods while parents or persons responsible
for the children are attending religious services or engaged in other activities on or near
the premises, may provide custodial care for more than two (2) hours per day; or
; I) After-school care facilities in public schools that provide care before or after
the usual school day, or full day care for the same children on school holidays or during
summer vacation for more than five (5) children, ages five (5) through thirteen (13)
years, for children enrolled in the public school provided that the facility is properly
licensed by the Texas Department of Protective and Regulatory Services.
Sec. 12-35. Day Care Permit, Inspection, and Compliance
a) A day care center shall be inspected by Health Services prior to issuance of a
day care permit.
b) No person shall operate or cause to be operated a day care center in the City
of Grapevine without first obtaining a day care permit.
c) Health Services is hereby authorized to issue a day care permit in the City of
Grapevine when it finds that the owner or operator of the day care center has complied
with the requirements of this Article and all other applicable sections of the City Code. If
the day care center is in compliance, the owner or operator of the day care center as
provided above shall be issued a day care permit.
d) If at the time of inspection, a day care center is found to not be in compliance
, . with this Code, a day care permit will be suspended or will not be issued. After
notification of the violations or deficiencies which were detected, the owner shall be
� required to remedy the conditions of violation or deficiencies within a reasonable period
of time as prescribed by the director, but not to exceed thirty (30) days.
ORD. NO. 2002-58 18
e) If a day care permit is denied by Health Services, the applicant may appeal by
�k,,>� following the procedure specified in section 12-52.
f) Health Services shall keep on file, the reports of inspections made of the day
care center as well as appropriate notices or directives to the owner or operator of any
violations or deficiencies observed in the inspection.
g) The owner or operator of the day care center shall operate the facility or cause
it to be operated at all times in compliance with the provisions of this article and other
applicable sections of the City Code. The owner or operator of the day care center shall
correct or cause to be corrected within the time period specified any violation or
deficiency that is identified by the Building Official or his designee.
Sec. 12-36. Permit Application
a) Application for a permit to operate a day care center shall be submitted by the
owner on a form specified by Health Services.
b) The permit application shall state the owner's name, address and telephone
number and the name and social security account numbers of all employees and staff
members of the day care center.
c) The permit application shall indicate the name, street and mailing addresses of
�� the day care center, status of food service provided for children, and times of operation.
d) Upon change of ownership, a new application shall be made for a permit as
required in this Section. Health Services shall inspect the Day Care Center prior to its
beginning operation to determine compliance with the requirements of this ordinance.
Failure to comply with the requirements of this ordinance may result in denial,
suspension, or revocation of a permit.
e) The owner shall affirm that a Certificate of Occupancy has been applied for
with the Grapevine Building Inspection Department, its issuance contingent in part on
the successful application for a day care center permit.
f) Failure to provide all required information, or falsifying information required on
the application may result in denial, suspension, or revocation of the permit.
Sec. 12-37. Review of Plans
a) Whenever a Day Care Center is constructed or remodeled and whenever an
existing structure is converted to use as a Day Care Center, properly prepared plans
x and specifications for such construction, remodeling or conversion shall be submitted to
the City of Grapevine Building Department for review and approval before construction,
��T:, remodeling or conversion is begun. The plans and specifications shall indicate the
layout and arrangement of any proposed food service areas, indoor and outdoor areas
ORD. NO. 2002-58 19
to be used for the day care center including mechanical plans; construction materials;
plumbing fixtures; the type of fixed equipment; and playground and fall zone
;.,..;, specifications. The Building Department shall approve the plans and specifications if
they meet the requirements of the adopted City Codes.
b) No Day Care Center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by the Building Department. The
approved plans and specifications must be followed in construction, remodeling, or
conversion.
c) Whenever plans and specifications are required to be submitted, the Building
Department shall inspect the Day Care Center prior to its beginning operation to
determine compliance with the approved plans and specifications and with the
requirements of this ordinance.
d) Failure to follow the approved plans and specifications may result in permit
denial, suspension, or revocation.
Sec. 12-38. Permit Duration and Renewal
A Day Care Center Permit shall be valid for one (1) year from the date of
issuance, unless suspended or revoked as hereinafter provided. Any incorrect
information in the records of Health Services for the day care center shall be corrected
�" before the permit may be renewed.
�:�
Sec. 12-39. Permit Renewal, Denial, Suspension, and Revocation
a) Health Services is hereby authorized to deny, suspend, or revoke a Day Care
Center Permit for a violation of any provision of this Article. Denial, suspension or
revocation of a permit shall be effected by notice, in writing, setting forth the reasons
therefor and specifying any requirements or schedules of time for further action related
to the suspension or revocation.
b) The following actions shall constitute cause for denial or suspension:
1) Failure to respond within specified limits of time regarding violations
observed during a Health Services inspection of the premises and
operation;
2) Any violation of this Article which poses a safety or public health
hazard to any child entrusted to the care of the day care center;
3) Failure to posses a valid Day Care Center License or Accreditation
issued by Texas Department of Protective and Regulatory Services
according to Chapter 42 of the Human Resources Code.
4) Failure to meet the requirements of Chapter 42 of the Texas
Department of Protective and Regulatory Services, Human Resources
�,�� Code, related to the requirements for criminal history check and
ORD. NO. 2002-58 20
background search of central registry of reported cases of child abuse
for all persons who are present while children are in care.
�M � c) The following actions shall constitute cause for revocation:
1) Failure to correct a violation following suspension of the permit; and
2) Knowingly submitting false information, or allowing false information to
be submitted, in the application for a permit.
d) Whenever a permit is denied, suspended or revoked, the permit holder or
person in charge shall cease operations. Parents or legal guardians shall be
immediately notified of the denial, suspension, or revocation by the day care center so
that alternative child care arrangements can be made. Operations shall not resume
until such time as a re-inspection determines that conditions no longer exist causing
denial or suspension. The permit holder shall notify Health Services when the
conditions causing the denial or suspension have been corrected. The center may not
resume operations until Health Services verifies that the conditions have been corrected
and written authorization given. A sign shall be posted by Health Services at the
entrance of the building clearly visible to a reasonably observant person which states
"Closed By Health Services". Signs posted by the Building Official or his designee shall
not be altered or removed unless authorized by the Building Official or his designee.
�X e) A permit that has been revoked shall not be reissued.
�� Sec. 12-40. Permits — Non-transferable
No permit issued under this Article shall be used for any purpose other than that
for which it was issued, nor be transferred or assigned to, or in any manner used by,
any person, firm or corporation other than the one to whom issued by the Building
Official or his designee.
Sec. 12-41. Display of Permit
The Day Care Center Permit shall be conspicuously posted on an inside wall of
the main facility and shall be continuously displayed in public view.
Sec. 12-42. Requirements for change of ownership of business
a) For purposes of this section, "change of ownership of the business of any day
care center" is defined as the sale, transfer, or exchange of any legal or equitable
interest in the business operating a day care center to another person. It shall not be
considered a "change of ownership of the business of any day care center" for purposes
of complying with the requirements of this section if the owner of the business changes
a . only the type of business entity holding ownership and the owner remains a controlling
partner or officer in the new entity.
�.�
ORD. NO. 2002-58 21
b) Whenever a change in the ownership of the business of any day care center
occurs, the existing certificate of occupancy shall be automatically revoked, and the new
, :� owner:
1) Shall submit to the Building Department a scale drawing of the floor
plan of the facility including, but not limited, to the following proposed
room usage, equipment schedule, room finish schedule, plumbing
schedule, and outdoor play area and play equipment;
2) Shall pay the applicable plan review fee; and
3) Shall obtain a new certificate of occupancy.
c) The requirements of this section are in addition to a building permit or any
applicable inspections or reviews by any other city department.
d) In the event of a change of ownership of the business of any day care center,
it shall be unlawful for a new owner to operate or cause to be operated a day care
center without first complying with all the requirements of this Article.
Sec. 12-43. Applicability of other city permits and certificates
It shall be unlawful for any person to operate or cause to be operated a day care
center in the City of Grapevine without first obtaining a building permit, certificate of
occupancy, or any other certificate or permit which may be required by any applicable
� ° article or chapter of the City Code of the City of Grapevine. It shall be unlawful for any
person to operate or cause to be operated a food service establishment or temporary
�fi�' food service establishment at a day care center without adhering to all rules for
operation of such food service establishment, although said facility need not obtain a
separate permit for said use from Health Services. An owner of a day care center shall
also comply with all applicable City Code requirements before a permit is issued.
Sec. 12-44. Food service requirements
General requirements shall be as follows:
a) All day care centers in which food is prepared for human consumption shall
comply with the pertinent food service regulations set forth in the City Code and in the
Rules on Food Service Sanitation (1977), as amended, set forth by the Texas
Department of Health, and a copy of which is on file with the city secretary. Day care
centers in which food is prepared on site must comply with all applicable food service
regulations.
b) Food service establishment permits or temporary food service establishment
permits shall not be required in day care centers which do not prepare food on site,
which have children bring their own lunches, which serve only pre-packaged single
_. service snacks, or which prepare no food other than infant formula.
��� c) All off-site food services used by a day care center must be permitted as a
food service facility by an appropriate health department or authority in the jurisdiction in
ORD. NO. 2002-58 22
_. which the food is prepared. Furthermore, facilities receiving food from such food
service entities must have adequate and appropriate provisions for the holding and
�� serving of food and for the washing of utensils in accordance with the requirements of
the adopted City Code.
d) At all day care centers where food is prepared for human consumption,
residential type refrigerators, freezers and ranges shall not be used for food preparation
or storage in the food preparation area. Only equipment that meets or exceeds the
standards established by the National Sanitation Foundation (NSF) will be approved for
use, except that, in areas other than food preparation areas, residential type
refrigerators may be used for storage of infant formula, juices and medications requiring
refrigeration. Day care centers in operation upon adoption of this ordinance which were
equipped with residential type equipment may continue to use such equipment until
such equipment is replaced. All replacement equipment must meet or exceed the
standards established by the NSF.
Sec. 12-45. Sanitation and hygiene standards for day care center personnel
General requirements shall be as follows:
a) No owner, employee or volunteer who has a communicable disease, as
defined by the Communicable Disease Prevention and Control Act, or who is in a
"�''� contagious state, or who is afflicted with boils, infected wounds, sores, or acute diarrhea
shall be permitted to care for children, come into contact with children, prepare food, or
� be allowed to work in any capacity where he or she can transmit the communicable
disease or infect other individuals in the facility.
b) Owners, employees and volunteers shall wear clean clothing and maintain a
state of personal cleanliness while at the facility.
c) Owners, employees and volunteers shall thoroughly wash their hands with
soap and warm water before starting work, during work as often as necessary to keep
them clean, after smoking, eating, drinking, or using the toilet.
Sec. 12-46. Animal care
General requirements shall be as follows
a) Animals kept on or brought to day care center premises shall be licensed and
vaccinated against rabies if required by the adopted City Code.
Documentation of such vaccinations and registration shall be kept on file at
the facility.
- b) The day care center and premises shall be kept free of stray animals.
�..,.,... c) Animals and their living spaces at a day care center shall be kept clean.
ORD. NO. 2002-58 23
d) Turtles and psittacine birds shall not be kept at or brought to day care center
premises. No wild animals or dangerous animals as those terms are defined by the
,;::�_..:� adopted City Code, shall be kept at or brought to day care center premises.
Sec. 12-47. Provisions for the Control of Communicable Disease
a) All Staff shall clean their hands and exposed portions of their arms with a
cleaning compound by vigorously rubbing together the surfaces of their lathered hands
and arms for at least twenty (20) seconds and thoroughly rinsing with clean water and
shall pay particular attention to the areas underneath the fingernails and between the
fingers. Staff shall keep their fingernails trimmed, filed, and maintained so the edges
and surfaces are cleanable and not rough.
b) Staff must wash before preparing or serving food, before feeding a child or
handling food, after caring for a sick child, after diapering, after assisting a child with
toileting, after coughing and sneezing, after cleaning soiled surfaces, and after engaging
in other activity that contaminates the hands.
c) Staff must assist children to ensure that their hands are thoroughly washed
before eating, after using the toilet, after a diaper change, after playing outdoors, after
playing with pets, after coughing or sneezing, or after any activity that contaminates the
hands.
d) Permanent signs shall be conspicuously posted by all handsinks including
�'�`"" those in the restrooms, food service areas, and classrooms, so as to be noticed by
normally observant individuals, reminding all persons to wash hands. Permanent signs,
including pictorial messages, shall be posted for communication with children unable to
read.
e) Employees and staff members shall have received a Mantoux tuberculosis
skin test, with negative results, within the last 2 years. In the case of a positive result or
when a Mantoux tuberculosis skin test can not be administered, a tuberculosis
examination shall be conducted by a physician and the person found not to be a risk for
the communication of tuberculosis. Subsequent testing may be required by Health
Services if the person is exposed to tuberculosis.
f) Employees and staff members shall not present themselves for work when ill
with a contagious virus or other disease that may affect the health of other persons.
Persons shall not be permitted in the day care center whose health status or behavior
suggests a hazard to the health, safety and welfare of others, including symptoms of a
contagious illness, a dangerous mental or physical condition or symptoms of drug or
alcohol intoxication.
g) Any child with symptoms of a communicable disease such as oral fever at or
above 100.4°F, uncontrolled diarrhea (2 or more loose, watery stools in 24 hours) or
�.,,� vomiting (2 or more episodes in 24 hours) shall be isolated from other children at the
day care center. Extra attention must be given to handwashing and sanitation until the
ORD. NO. 2002-58 24
child can be picked up by a parent or other person(s) authorized by the parent
according to Section 12-47(c) of this Chapter.
:�:�
Sec. 12-48. Safety and Sanitation
a) A day care center shall not be located in a manufactured home or in any part
of a building other than the ground level unless approved by the Building & Fire
Officials.
b) A day care center shall maintain an adequate amount of first-aid supplies
including, but not limited to soap, antiseptic solutions, absorbent cotton, cotton-tip
applicators, sterile gauze, adhesive tape and adhesive bandages. One (1) medium-
sized package or container of each of these first-aid supplies shall be maintained in
unopened reserve at all times. A magnifying glass, thermometer and tweezers shall
also be available. First-aid procedures and supplies shall be applied, including cleaning
and bandaging, for any cut or bleeding abrasion of the skin.
c) The day care center shall take effective measures to maintain the structure
and grounds free of insect and rodent infestation. Pest control services shall be
provided by an individual or business that is properly licensed by and in compliance with
the Texas Structural Pest Control Board requirements. Pest control records must be
maintained by the day care center for a period of two (2) years and must be available
`�`a� for review by Health Services.
� d) All equipment and furnishings such as high chairs, chairs, tables, cribs,
swings, or playpens shall be in good repair and shall be free of entrapment and
entanglement hazards.
e) The interior of the building shall be maintained free of debris and filth. Walls
and floors shall be maintained in good repair, structurally sound and free of holes,
dangerous protrusions or other obvious hazards. The floors including carpeting, tile or
other coverings shall be kept clean and free of accumulation of debris and filth.
f) Grounds around the child care facility must be maintained free of debris,
unnecessary items or any harborage for rodents or mosquitoes.
g) All fences, bridges, railings, and other ornaments or equipment on the
grounds that are accessible to the children must not pose an entrapment or
entanglement hazard. They shall comply with adopted City Codes.
Sec. 12-49. General facility design standards
a) General requirements
.�,:= 1) All stairs, porches, platforms and step elevations greater than thirty (30)
inches shall provide handrails or guardrails for usage by children in
accordance with the adopted City Codes.
ORD. NO. 2002-58 25
2) All glazing (including windows and doors) shall be installed and
maintained in accordance with the adopted City Code.
�,,,� 3) All electrical outlets, which are or may be accessible to or by children
younger than five (5) years old shall be protected by childproof covers or
safety outlets. All 220-volt electrical connections, which are or may be
accessible to or by children younger than five (5) years old shall be
protected by a screen or guard.
4) The lead level of the water from each water tap and water cooler in the
facility, from which water is accessible to or consumed by children, must
be at or below the maximum levels allowed by the Texas Safe Drinking
Water Act, as amended.
b) Room finishes.
1) All surfaces of kitchen and restroom doors shall be smooth and easily
cleanable. All splash areas in kitchens and bathrooms and the walls
immediately adjacent thereto, shall have smooth and easily cleanable
surfaces. "Easily cleanable" shall mean that surfaces are readily
accessible and made of such materials and finish and so fabricated that
residue may be effectively removed by normal methods.
2) All floors shall be smooth, easily cleanable and free of the following:
`�``'s� cracks, bare concrete, splinters, sliding rugs, telephone jacks, and
electrical outlets.
3) Carpets shall be closely woven, of short nap and kept clean and in good
repair. All carpets and carpeted areas shall be vacuumed daily and
shampooed as needed. Carpet use is prohibited in restrooms and
kitchens.
c) Sanitation control measures for fixtures and facilities.
1) All toilet fixtures and facilities shall be installed and maintained in
accordance with the adopted city plumbing code.
a. Commodes and urinals shall be located inside bathrooms and
equipped so that children are able to use them independently in
accordance with the city plumbing code. Bathroom doors must have
no locks within the children's reach.
d) There shall be at least one (1) toilet and one (1) handwashing lavatory for
every seventeen (17) children.
F e) There shall be separately designated restrooms for male and female.
�� f) All handwashing lavatories shall be provided with hot and cold water under
pressure, tempered by means of a mixing valve or combination faucet. The facility must
ORD. NO. 2002-58 26
. s ensure that the temperature of hot water available to children is no higher than one
hundred twenty (120) degrees Fahrenheit. Self-closing or metering faucets shall
� provide a flow of water for at least fifteen (15) seconds without having to be reactivated.
Soap and a hand-drying device or disposable towels sha�l be provided for use by both
staff and children.
g) Restroom facilities shall be cleaned and sanitized at least once daily and
more often if necessary. Restrooms shall be mechanically ventilated to control odors.
Installation and maintenance of inechanical vents shall be in accordance with the city
mechanical code.
h) All toilets shall be equipped with open front toilet seats, and must comply with
the adopted city plumbing code.
i) Each sink shall be designated as a "single-purpose use" sink. Combination
fixtures, such as faucet/water fountains, are prohibited. Each day care center shall
have the following sinks:
1. There shall be at least one (1) handwashing lavatory in each
restroom or immediately adjacent to each restroom.
2. If the facility has a diaper changing station, there must be a
handwashing lavatory in every room where there is at least one (1)
diaper changing station.
° '' 3. If the facility engages in food preparation, there must be a three-
��
compartment sink in the food preparation area.
j) The source of potable water shall be from a public water supply, maintained
and operated according to Texas Department of Health Drinking Water Standards.
Water under pressure shall be provided in adequate supply to meet the provisions of
the Texas Department of Health Drinking Water Standards.
k) All sewage shall be discharged into a public sanitary sewer system.
I) All refuse shall be kept in containers constructed and maintained of durable
material with tight fitting lids or covers, nonabsorbent and free from leaks. All containers
shall be kept covered when not in use. A sufficient number of containers shall be
available to hold all refuse. Refuse shall be stored in clean areas, away from the
children and shall be inaccessible by flies, insects, rodents and other pests.
m) All outer openings of a facility shall be protected against the entrance of flies,
insects, rodents and other pests by outward opening and self-closing doors, closed
windows, screens, or other effective means of protection and control as approved by
Health Services.
� . n) Toxic substances, both indoors and out, shall be inaccessible to children at all
times. All containers holding toxic substances shall be clearly labeled to identify the
toxic substance contents.
ORD. NO. 2002-58 27
o) All toxic substances shall be dispensed and used in such a manner so as to
prevent the toxic substance from constituting a hazard to the children or staff.
�w��
p) In the event that laundering is done on the premises, all clothes dryers shall
be vented to the exterior of the building in accordance with the adopted city mechanical
code.
q) In all day care centers, all light fixtures shall either be properly shielded or
shall contain only shatterproof light bulbs. At least fifty (50) foot candles of light shall be
provided in all areas of any room to which children have access.
Sec. 12-50. Interior design, activity areas
a) General requirements:
1) All equipment, materials and furnishings shall be of sturdy and safe
construction, easy to clean, free of sharp points or corners, splinters,
protruding nails, loose rusty parts, and paint which contains lead or other
poisonous materials.
2) Each child shall be provided with individual storage space for personal
belongings.
3) Sleeping space and play areas may be used interchangeably so long as
��� adequate space for orderly storage of cots, bedding and play equipment is
provided. All cots, cribs and mats shall be maintained in a safe and
- sanitary manner. Hand contact areas of cribs shall be sanitized daily.
Each child shall have his or her own sleeping apparatus, which shall be
placed in such a manner so as to allow at least one (1) foot of open space
on all sides of the apparatus except where such apparatus is adjacent to a
wall or partition.
4) Individual cribs, portable cribs or playpens used for sleeping shall be of
safe and sturdy construction and equipped with mattresses covered with
waterproof material that can be cleaned. Crib sides shall have secure
latching devices. Vertical slats on cribs shall not be spaced more than two
and one-half (2 %2) inches apart. There shall be no more than one and
one-half (1 '/z) inches of space between the mattress and bed frame when
the mattress is pushed flush to any one corner of the crib.
5) Linens shall be laundered at least once per week and more often if
necessary. Linens shared by children shall be laundered after each use.
Linens used exclusively by one (1) child shall be stored separately from
those of other children.
b) Isolation area:
� 1) All day care centers shall provide an isolation area or room for the use and
comfort of any child who becomes ill or is injured while at the facility. While
� the isolation area or room is in use by an ill or injured child, the area or
room must be kept free of other children.
ORD. NO. 2002-58 28
� c) Diapering and toileting:
��
1) Infants and toddlers shall be diapered at a diaper station which is in a
central diapering area on a sanitized surface.
2) Diaper changing stations shall be located adjacent to handwashing
lavatories equipped with hot and cold water through mixing faucets as
required in the adopted city plumbing code and supplied with soap and
disposable towels. Hands of the diapered child and persons changing the
diaper shall be washed before and after each diaper change. The surface
of all diapering areas shall be sanitized after each use.
3) Disposable diapers, once used, shall be placed in a cleanable container
with a tight fitting lid. The container shall be lined with a moisture-proof
disposable liner which may not be reused. When the container is full, the
liner and the used diapers shall be removed to a clean area, away from
the children, and shall be inaccessible by flies, insects, rodents, and other
pests. Cloth diapers, once used, shall be laundered or removed from the
facility daily.
4) Diaper changing stations shall be used only for the purpose of diaper
changing.
5) Use of crib or floor as diaper changing station is prohibited.
'� d) Feeding:
1) A child's hands shall be washed immediately prior to and immediately
after consuming any food or beverage.
2) Food and beverages shall be served in separate containers for each infant
or child. Food and beverages shall not be served directly to a child from
the original container, unless it is a single portion, single-use container.
Once served to a person, portions of leftover food or beverages shall not
be served again, except that packaged foods or beverages, other than
potentially hazardous food, that are still packaged and are still in sound
condition, may be re-served.
3) Bottled infant formula shall be properly capped when not in use and shall
be identified with the child's name. Formula, once prepared or opened,
shall be refrigerated. Any formula prepared but not utilized on the day it is
opened or mixed shall be discarded at the end of that day.
Sec. 12-51. Exterior premise
General requirements shall be as follows:
a) Exterior premises shall be well-drained and maintained free of high grass,
. poisonous plants, and pest harborages and breeding sites.
�
ORD. NO. 2002-58 29
. b) Exterior premises shall be free from cisterns and cesspools, and from
unprotected wells, grease traps, utility equipment, nuisances, and any other object or
Y, , condition which may be hazardous to children.
c) Outdoor play areas shall be surrounded by a fence. The fence shall be so
constructed as not to have openings, holes or gaps larger than four (4) inches in any
dimension except for doors and gates; and if a picket or iron fence is erected or
maintained, the horizontal dimension shall not exceed four (4) inches. The fence shall
have at least two (2) exits. An entrance to the building may count as one (1) exit, but
one (1) exit must be away from the building. Such fence shall comply with provisions of
the zoning ordinance and other applicable city codes and ordinances.
d) Playground equipment constructed with protruding nails, screws, sharp
edges, splinters (rough, unsanded wood or other materials) and toxic paints (e.g., lead-
based paints) is strictly prohibited.
e) All playground equipment shall be securely assembled and, where applicable,
securely anchored with unexposed anchors. Such equipment shall be installed,
situated, and maintained so as to prevent accidents and collisions.
f) Swimming and wading pools more than twenty-four (24) inches deep shall be
enclosed by a fence no less than six (6) feet in height which has a self-closing, self-
�""� locking gate. When a swimming or wading pool is not in use, it must be kept out of the
��
reach of children.
g) A minimum free residual chlorine of 1.0 part per million units of water shall be
maintained in every swimming pool and wading pool when in use. No water in any
swimming pool or wading pool when in use shall be permitted to show an acid reaction
to a standard pH test.
h) All pool chemicals and equipment shall be stored in a place and manner
which are at all times inaccessible to children.
Sec. 12-52. Enforcement
The Building Official or his designee shall have the authority and responsibility to
enforce the provisions of this article and applicable state statutes regarding day care
centers.
a) Health Services shall have the authority to inspect or visit all day care centers
at all reasonable times and as is determined necessary to ascertain if they are being
maintained and operated in conformity with this article or if any conditions exist at a
facility which require correction. An inspection shall be made at least once each year to
. _. ensure that the facilities, grounds, and equipment are maintained in compliance with
this article and in a safe sanitary and healthy condition for the welfare of the occupants
�� and patrons of the day care center.
ORD. NO. 2002-58 30
, b) Health Services shall have the authority to give written notice to the owner of
a day care center of any violation of this article and/or requirement to comply with the
provisions of this article. If a day care center is found to be in operation without a day
care permit, Health Services shall have the authority to give written notice to the owner
of said facility to cease child caring activities immediately, irrespective of how the facility
is maintained or operated. Health Services may permit the day care center to remain in
operation with the provision that the facility obtain a day care permit within a reasonable
time, but said reasonable time may not exceed thirty (30) days.
c) Health Services shall have the authority after giving written notice to suspend
the day care permit if it ascertains any violation causing immediate danger to a child
regarding: construction of the facility and on-premises buildings, restrooms, sanitation of
the facility, preparation, storage and handling of food, storage of chemicals or any
harmful solution, infectious diseases, and hazards in outdoor play areas. Suspension of
the permit shall require the operator to cease all child-caring immediately and to bring
the day care center into compliance with the directives from the department within a
prescribed time period. Failure to rectify designated problems at the day care center
within the prescribed time period shall lead to revocation of the permit.
d) Health Services shall have the authority to revoke any permit if they ascertain
that an owner or operator has failed or refused to comply with the minimum
requirements set forth in this chapter for a day care center, providing that the following
'��"" procedure is adhered to:
� 1) Health Services, in writing by certified mail or by personal service, shall
notify the owner of the manner in which the owner or the day care
center fails to comply with the provisions of this chapter, and shall
specify a reasonable time by which the owner shall remedy said
failure.
2) If the owner fails to comply with the provisions of this chapter within the
time specified, Health Services shall give notice in writing to the owner
of the day care center that the permit issued for the operation of the
day care center is revoked. This action of revocation is in addition to
any criminal enforcement of this article.
3) The notice of revocation or a denial of a permit shall become final after
the expiration of ten (10) days from the date of service upon the owner
or operator of the day care center in question, unless on or before the
expiration of ten (10) calendar days the owner or his duly authorized
agent shall file with the office of Health Services a written letter of
appeal briefly stating therein the basis for such appeal. A hearing shall
be held on a date no more than fifteen (15) days after receipt of the
letter of appeal unless extended by mutual agreement of the parties.
4) The hearings provided for in this chapter shall be conducted by the
. City Manager or his designee who will designate the time and place for
the hearing. Based upon the recorded evidence of such hearings, the
City Manager or his designee shall make a finding and shall sustain,
modify or rescind any notice or order considered in the hearing.
ORD. NO. 2002-58 31
e) This hearing shall be deemed to exhaust the administrative remedies of the
,zne��, person aggrieved.
Sec. 12-53 — 12-61 Reserved.
ARTICLE III. PUBLIC SWIMMING POOLS
Sec. 12-62. Purpose.
The purpose of this article is the establishment of minimum standards for the
construction, operation and maintenance of public swimming pools and their related
facilities in order to protect the health and safety of the public.
Sec. 12-63. Designation of health authority.
The City of Grapevine , Texas, designates the City of Euless Health Services as its
health authority for the purpose of ensuring minimum standards of environmental health
and sanitation within the scope of that department's function.
Sec.12-64. Definitions
'h" "' Unless a provision explicitly states otherwise, the following terms and phrases,
�.-�
as used in this Article, shall have the meanings hereinafter designated.
• Building Official— Is the officer or other designated authority charged with the
administration and enforcement of this code, or the Building Official's duly
authorized representative.
• Deck— The surface surrounding a swimming pool that is intended to be used
for walking by those using the pool.
• Extensive remodeling — The replacement of or modification to a swimming
pool's structure, its circulation system or its appurtenances, so that the
design, configuration or operation is different from the original design,
configuration or operation. This term does not include the normal
maintenance and repair or the replacement of equipment which has been
previously approved if the size, type or operation of the equipment is not
substantially different from the original equipment.
• Hea/th Services - City of Euless Health Department.
• Poo/area —The water surface and deck of a swimming pool.
• Private swimming pool — A swimming pool located on the premises of a
single-family or duplex residence, under the control of the owner or tenant,
the use of which is limited to members of the household and invited guests.
ORD. NO. 2002-58 32
• Public swimming pool — Any swimming pool other than a private swimming
� pool. The term shall include the deck and all related facilities such as
dressing and locker rooms, toilets, showers, and other areas designed for use
by the facility's patrons.
• Swimming pool— Any structure, basin, chamber, or tank designed to contain
an artificial body of water for swimming or diving, or therapeutic or
recreational bathing. A swimming pool includes, without limitation but by way
of illustration, the following types of facilities:
1) Hydrotherapy pool or whir/pool — A swimming pool that is a special
bathing facility designed for therapeutic use and which is not drained
after each individual use. It may include, without limitation, units
designed for hydrojet circulation.
2) Spa — A swimming pool that is a special bathing facility designed for
recreational use and which is not drained after each individual use.
3) Spray pool — A swimming pool into which water is sprayed but is not
allowed to pond at the bottom.
4) Wading pool — A swimming pool with a maximum depth of not more
than thirty (30) inches.
5) Water recreation attraction — A swimming pool facility with design and
operational features which differ from a conventional swimming pool
and shall include, without limitation, water slides, water amusement
�" ° lagoons and rivers, and wave pools.
Sec. 12-65. Fees
a) Health Services shall charge fees for public swimming pools in addition to
those charged by the Building Department:
b) The fees shall be set forth in a schedule adopted by the City Council.
c) The fee schedule shall be available to the public at Health Services Office.
Sec. 12-66. Swimming Pool Permit Required
A person commits an offense if the person owns, operates, or manages a public
swimming pool without a valid permit issued by Health Services.
Sec. 12-67. Issuance of Permit
a) A person required to have a permit under this Article shall annually complete
=_-� a permit application on a form prescribed by Health Services.
�
ORD. NO. 2002-58 33
b) Prior to the issuance of a permit, the applicant shall allow Health Services to
inspect the public swimming pool and pool water for compliance with the requirements
u, of this Article.
1) Health Services will inspect any newly constructed pool, any
extensively remodeled pool and any pool under new ownership prior to
the issuance of a permit.
2) Health Services may inspect all other pools, at their discretion, prior to
the issuance of a permit.
3) Health Services may require the applicant to provide satisfactory
evidence that the public swimming pool meets the permit conditions of
Section 12-68.
4) Health Services may not issue a permit until the public swimming pool
passes any required inspection and all applicable fees have been paid.
5) A permit is valid only for the public swimming pool for which it is
issued. A separate permit shall be required for each pool located on
the same premises. However, a group of pools sharing a common
filtration system may be operated under a single permit. A permit is
not transferable to other persons or pools.
6) A permit is valid for one year from the date of its issuance unless:
a. It is suspended or revoked by Health Services;
b. The pool changes ownership; or
c. The pool is remodeled extensively.
� Sec. 12-68. Permit Conditions
As a condition of obtaining and keeping a permit, a public swimming pool shall at
all times be in compliance with the following permit conditions:
a) The public swimming pool shall meet or exceed Texas Health and Safety
Code, § 341.064, "Swimming Pools and Bathhouses", as currently enacted or as it may
hereafter be amended.
b) The public swimming pool shall meet or exceed all applicable provisions of 25
T.A.C. § 337.71, et seq., "Design Standards for Public Swimming Pool Construction", as
currently enacted, or as may hereafter be amended.
c) Fencing or other enclosures for the public swimming pool shall meet or
exceed the requirements of Vernon's Texas Code Annotated, Health and Safety Code,
Chapter 757, "Pool Yard Enclosures", as currently enacted or as it may hereafter be
amended.
d) All plumbing, electrical work, mechanical facilities, and structures for the
�, public swimming pool shall meet or exceed all applicable requirements of all other
codes and ordinances including, but not limited to the Building Code, Electrical Code,
Plumbing Code, and the Zoning Ordinance of the City of Grapevine.
ORD. NO. 2002-58 34
. e) Storage of pool chemicals shall meet or exceed all applicable requirements
per manufactures recommendations on label.
f) Pool water shall be maintained so as to prevent the breeding or harborage of
insects.
g) Pool water shall be of sufficient clarity to allow sight to the main drain at all
times.
h) Pool water shall not emit odors that are foul and offensive to a person of
reasonable sensibilities.
i) A permit holder or applicant shall give Health Services access at all
reasonable times to inspect the public swimming pool and to take water samples to
determine compliance with this Article.
j) A public swimming pool permit shall be prominently displayed on the pool
premises and be available at all times for inspection by Health Services.
k) A trained pool operator shall be readily available to monitor and maintain the
public swimming pool during all hours of operations.
�"'" I) Drainage and/or backwash from swimming pools shall be discharged to the
�,,�
sanitary sewer system only.
Sec. 12-69. Plans Review— New and Remodeled Pools
a) Prior to beginning the construction of a new public swimming pool or the
extensive remodeling of an existing public swimming pool, the owner shall submit plans
and specifications for such construction or remodeling to the Building Department for
review.
b) The plans and specifications shall indicate the proposed layout arrangement,
mechanical plans, construction materials and the type and model number of proposed
fixed equipment and facilities.
c) The plans and specifications shall be submitted under the seal of a
professional engineer with the statement that they meet the requirements of Sections
12-68 (b), (c), (d), (e), (i) and (I).
d) No work shall begin until the Building Department has reviewed the plans and
advised the owner that work may begin, and the owner or the owner's contractor has
obtained all required permits for such work from the Building Official or his designee.
w . Work shall commence and conclude within the time allowed by such permits.
Deviations from approved plans shall not be permitted.
�
ORD. NO. 2002-58 35
Sec. 12-70. Trained Pool Operators
Y �� a) The owner or person in control of a public swimming pool shall designate one
or more trained pool operators for the pool. A trained pool operator shall be readily
available during all hours of operation to monitor the public swimming pool and maintain
it in a safe and sanitary manner.
b) In order to be considered trained, a pool operator shall successfully complete
a basic 8 hour course in swimming pool maintenance and safety, a list shall be provided
by Health Services.
c) A person commits an offense if the person owns or is in control of a public
swimming pool which does not have a trained pool operator readily available during all
hours of pool operation.
d) A person who owns or is in control of a public swimming pool shall maintain
proof on the premises that the pool has a designated trained pool operator and shall
present such proof to Health Services upon demand.
e) In a prosecution for a violation of Subsection (d), failure to present proof of a
designated trained pool operator to Health Services shall constitute prima facie
; � evidence that a trained pool operator is not readily available during all hours of
�,,��.
operation.
f) If a trained pool operator is not employed onsite at the public swimming pool,
the owner or person in control of the pool shall post signs at all entrances to the pool
stating the telephone number or pager number of the trained pool operator. The letters
in such signs shall be of a minimum height of one inch (1"), and shall be of a color
contrasting to their background. City of Grapevine municipal facilities and
Grapevine/Colleyville Independent School District are exempt from these requirements.
1) At a minimum, such signs shall state:
"TO REPORT MECHANICAL, SAFETY OR WATER QUALITY
PROBLEMS WITH THE POOL, CALL DURING
POOL HOURS."
"FOR FIRE, POLICE, OR AMBULANCE IN AN EMERGENCY, DIAL
911."
2) Such signs shall be of weather-resistant construction, and shall be
posted where they are readily visible to a reasonably observant
person.
����
ORD. NO. 2002-58 36
g) A person commits an offense if the person owns or is in control of a public
swimming pool with no trained pool operator employed on-site and with criminal
.., ,. negligence fails to post or maintain signs required by subsection (f).
h) A swimming pool permit application shall name the designated trained pool
operator for the public swimming pool for which a permit is sought. If the designated
trained pool operator changes during the term of the permit, the owner or person in
control of the pool shall immediately report such change to Health Services.
i) A person commits an offense if the person owns or is in control of a public
swimming pool and knowingly fails to report a change of trained pool operator as
required by subsection (h).
j) A person who is a designated trained pool operator of a public swimming pool
commits an offense if the person fails to test the pH level and the chlorine or disinfectant
level in the pool a minimum of twice per day.
Sec. 12-71. Maintenance of Pool Records
a) A designated trained pool operator shall maintain records of all pH level and
chlorine or disinfectant level tests performed on a public swimming pool during the
permit term.
b) The records shalt state the results of such tests, the time and date the tests
�`� were made, and the level of pool usage at the time.
c) Such records shall be maintained on-site at the public swimming pool for no
less than two years, and shall be made available immediately upon the request of
Health Services. Such records for City of Grapevine municipal facilities and
Grapevine/Colleyville Independent School District shall be kept at a designated centrally
located facility.
d) A person commits an offense if the person owns, is in control of, or is a
trained pool operator of a public swimming pool and with criminal negligence fails to
maintain records as required by this section.
e) A person commits an offense if the person owns, is in control of, or is a
trained pool operator of a public swimming pool and fails to make records required by
this section available immediately upon the request of Health Services.
Sec. 12-72. Nuisance
a) A public or private swimming pool is hereby declared to be a nuisance if:
1) water at the public swimming pool is not maintained so as to prevent
� the breeding or harborage of insects; or
ORD. NO. 2002-58 37
2) water at the public swimming pool emits an odor that is foul and
offensive to a person of reasonable sensibilities.
�r _ 3) Clarity of the water as degraded to a point that the main drain is not
visible in normal lighting conditions.
b) Health Services may give notice to the owner of the property on which a
nuisance under this section is located to abate, remove or otherwise remedy such
nuisance immediately.
a) The notice must be given:
1) personally to the owner in writing;
2) by letter addressed to the owner at the owner's post office address and
sent by certified mail, return receipt requested; or
3) if personal service cannot be obtained or the owner's post office
address is unknown:
a. by publication in the official newspaper of the City at least twice
within ten (10) consecutive days;
b. by posting the notice on or near the front door of each building
on the property to which the violation relates; or
c. by posting the notice on a placard attached to a stake driven
' into the ground on the property to which the violation relates, if
the property contains no buildings.
d) If the public swimming pool has a valid or suspended permit issued pursuant
to this Article and the permit holder is not the same person as the owner of the property,
notice shall also be given to the permit holder.
e) If the property owner does not comply with the notice within ten (10) days of
service, the Building Official or his designee may enter the property containing the
nuisance and do any work necessary to abate the nuisance.
f) If immediate abatement of the nuisance is deemed necessary by the Building
Official or his designee to protect the public health, safety or welfare from an imminent
hazard, the Building Official or his designee may, without complying with the notice
provisions of this section, enter the property containing the nuisance and do or cause to
be done any work necessary to abate the nuisance.
g) All costs incurred by the City to abate a nuisance, including the cost of giving
notice as required, shall initially be paid by the City and charged to the owner of the
property. The City may assess the expenses or obtain a lien against the real estate on
which the work was done.
�
ORD. NO. 2002-58 38
Sec. 12-73. Grounds for Permit Denial
___ a) The Building Official or his designee may deny the issuance of a swimming
pool permit:
1) if the applicant has been convicted of one or more violations of this
Article or Texas Health and Safety Code, § 341.064, within the twelve
(12) months preceding the date of the application;
2) if any of the permit conditions of Section 12-68 are not met;
3) if a swimming pool permit held by the applicant for the same premises
is under suspension at the time of the application or was revoked
within the twelve (12) months preceding the date of the application; or
4) if the applicant makes a materially false statement on the application or
there is any false statement or misrepresentation as to a material fact
in any plans and specifications submitted pursuant to this Article.
b) An applicant whose permit is denied will be notified by the Building Official or
his designee within ten (10) days of the date of the denial. The Building Official or his
designee shall set out the grounds for the denial.
c) An applicant whose permit is denied may request an appeals hearing within
ten (10) days after the notice of denial. Such request shall be in writing, shall specify
��`" the reasons why the permit should not be denied, and shall be filed with the City
�� :;
Manager or his designee.
Sec. 12-74. Grounds for Suspension or Revocation of Permit
After notice and hearing, the Building Official or his designee may suspend for up
to one hundred and eighty (180) days or may revoke a public swimming pool permit if:
a) the permit holder or person in control of the public swimming pool is convicted
of a violation of this Article or Texas Health and Safety Code, § 341.064 during the term
of the permit;
b) the permit holder or person in control of the pool fails to comply with any of
the permit conditions set forth in Section 12-68;
c) the permit holder or person in control of the pool fails to comply with an
inspection report order;
d) the permit holder or person in control of the pool disobeys a closure order
issued by the Building Official or his designee pursuant to this Article; or
e) the permit holder made a materially false statement on the permit application
or there is any false statement or misrepresentation as to a material fact in any plans
and specifications submitted pursuant to this Article.
ORD. NO. 2002-58 39
Sec. 12-75. Right of Entry
,t ,v a) The Building Official or his designee may enter the premises of public
swimming pools at all reasonable times whenever it is necessary to make an inspection
to enforce any of the provisions of this Article, to collect water samples, or whenever
Health Services has probable cause to believe that a violation of this Article exists on
such premises.
b) Health Services shall first present appropriate credentials and demand entry if
the premises are occupied. If the premises are unoccupied, Health Services shall first
make a reasonable attempt to locate the owner or person in control of the premises and
demand entry.
c) If entry is denied or if a person in control cannot be located, Health Services,
shall have every recourse provided by law to secure entry. Such recourse shall include
the right to obtain a search warrant under the provisions of Article 18.05 of the Texas
Code of Criminal Procedure.
Sec. 12-76. Inspection Reports
a) After inspecting a public swimming pool pursuant to this Article, Health
Services may prepare a written inspection report. Such report shall specify the
` violations observed during the inspection and order the owner or person in control to
bring the facility into compliance with this Article by a specified time.
b) Health Services shall furnish a copy of the inspection report to the owner or
person in control of the facility.
c) The inspection report shall state: "FAILURE TO COMPLY WITH THE
ORDERS OF THIS REPORT MAY RESULT IN THE ISSUANCE OF CRIMINAL
CITATIONS, THE CLOSURE OF THE POOL FACILTY, THE SUSPENSION OR
REVOCATION OF YOUR SWIMMING POOL PERMIT, AND THE EXERCISE OF ALL
OTHER REMEDIES ALLOWED BY LAW."
d) A person commits an offense if the person owns or is in control of a public
swimming pool and fails to comply with an order issued pursuant to this section.
Sec. 12-77. Closure Order
a) Health Services may order a public swimming pool closed if it determines:
1) that it is being operated without a valid public swimming pool permit;
2) that it is being operated without a trained pool operator readily
.., - available during all hours of pool operation; or
3) that the continued operation of the pool will constitute an imminent
hazard to the health or safety of persons using the facility, or those in
close proximity to the facility.
ORD. NO. 2002-58 40
. . b) After Health Services closes a public swimming pool, the owner or person in
control of the pool shall immediately:
~ rt 1) properly post and maintain signs at all entrances to the public
swimming pool that state: "POOL CLOSED"; and
2) lock all doorways and gates that form a part of the public swimming
pool enclosure.
c) Signs required by subsection (b) shall be provided by Health Services. Signs
shall be positioned so that they are readily visible to a reasonably observant person.
d) If the owner or person in control of the public swimming pool is absent, or fails
or refuses to comply with subsection (b) and (c), Health Services may post signs and
secure the premises in accordance with this section.
e) A person commits an offense if the person owns or is in control of a public
swimming pool subject to a closure order and fails to comply with 'subsections (b) or (c)
of this section.
f) A person other than Health Services commits an offense if the person
removes, defaces, alters, covers or renders unreadable a closure sign.
g) A person commits an offense if the person uses for swimming, diving or
` ' bathing a public swimming pool that has been closed by Health Services and which is
����
properly posted as required by this section.
h) A person commits an offense if the person owns or is in control of a public
swimming pool subject to a closure order and knowingly allows persons to use the pool
for swimming, diving, or bathing.
i) A public swimming pool closed by Health Services shall not resume operation
until a re-inspection by Health Services determines that the facility has been brought
into compliance with this Article and other applicable laws and regulations.
j) A permit holder may appeal a closure order to Health Services within three (3)
days after the issuance of the order. The appeal shall be in writing, shall set forth the
reasons why the closure order should be rescinded, and shall be filed with the City
Manager's Office. The filing of an appeal does not stay the closure order.
Sec. 12-78. Hearings Procedures
1) The hearings provided for in this chapter shall be conducted by the
City Manager or his designee who will designate the time and place for
the hearing. Based upon the recorded evidence of such hearings: the
_. 4 City Manager or his designee shall make a finding and shalt sustain,
modify or rescind any notice or order considered in the hearing.
2) Decisions shall be made based on a preponderance of the evidence,
with the City having the burden of proof.
ORD. NO. 2002-58 41
3) This hearing shall be deemed to exhaust the administrative remedies
of the person aggrieved.
5 � Sec. 12-79 through 12-82 reserved
ARTICLE IV. FEES
Sec. 12-83. Food and food services establishments.
Annual permit fee for food service establishment
permit, license or certificate ...................................... $235.00
Food handler certificate ............................................ $ 10.00
Replacement for lost food handler certificate............... $ 5.00
Annual mobile food service establishment,
per vehicle ................................................................... $125.00
Temporary food service establishment permit,
per event location/booth................................................ $ 75.00
'� ` Seasonal food establishment ........................................$200.00
""'` Retail establishments that do not prepare foods..........$235.00
Nursing homes.....................................................$100.00
Section 12-84. Retail food stores.
Annual permit fee ......................................................... $235.00
Section 12-85. Day Care, Public Pools.
Swimming pools, spas public, annual........................... $200.00
Day care, annual .......................................................... $100.00
ARTICLE V. MISCELLANEOUS
Sec. 12- 86 . Private water supplies; prohibited when city water available.
It shall be unlawful for any person to supply water to the residences, businesses,
�, � or industries within the city by the use of a water well or any other method when the city
water supply is available.
ORD. NO. 2002-58 42
Sec. 12- 87. Noise — Character, intensity and duration detrimental to health or life.
� ,, It shall be unlawful for any person to make or cause to be made noise of such
character, intensity and duration as to be detrimental to the life or health of any
individual in the city.
Sec. 12-88. Same — Unreasonably loud, disturbing and unnecessary.
It shall be unlawful for any person to make or cause to be made any
unreasonable loud, disturbing and unnecessary noise in the city which is offensive to
the ordinary sensibilities of the inhabitants of the city, which noise renders the
enjoyment of life or property uncomfortable or interferes with public peace and comfort.
Sec. 12- 89. Same— Enumeration.
The following acts, among others, are declared to create loud, disturbing and
unnecessary noises and shall be deemed a violation of this Code, but such enumeration
shall not be deemed to be exclusive:
(1) The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle while not in motion, except as a
danger signal, as may be required by state law, if another vehicle is
" " approaching apparently out of control or if another vehicle is
backing, starting or turning in such a way as likely to cause a
� A collision.
(2) The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle while in motion, except as a
danger signal, as required by state law.
(3) The playing of any radio, phonograph, television set, or musical
instrument in such a manner, or with such volume as to disturb the
peace, quiet, comfort or repose of persons in any dwelling,
apartment, hotel or other type of residence.
(4) The keeping of any animal or fowl which emits or makes an
unreasonably loud, disturbing and unnecessary noise.
(5) The use of any automobile, motorcycle, bus or vehicle so out of
repair or so loaded as to emit or create loud or unnecessary
grating, grinding or rattling noise.
(6) The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work or as a
warning of danger.
(7) The discharge into the open air of the exhaust from any stationary
steam engine, stationary internal combustion engine or motor boat
engine, except through a muffler or other device which effectively
w and efficiently prevents loud or unusual noises, annoying smoke
and the escape of gas or steam.
(8) The discharge into the open air of the exhaust from any motor
vehicle except through a muffler, or other device, which effectively
ORD. NO. 2002-58 43
and efficiently prevents loud and unusual noises and annoying
smoke.
�. (9) The erection, including excavation, demolition, alteration, repair or
related work for any building or structure in a residential district or
non-residential district, abutting a residential district, excluding any
inside work done in an enclosed building or structure in
nonresidential districts, other than between the hours of 7:00 a.m.
and 7:00 p.m., on Monday through Saturday, except in the case of
urgent necessity in the interest of public safety, for which a permit
shall be obtained from the building official or his designee.
(10) The creation of any unreasonably loud, disturbing and unnecessary
noise on any street adjacent to any school or court which is in
session or adjacent to any hospital; provided, that conspicuous
signs are located in such streets indicating that schools, hospitals
and courts are adjacent thereto.
(11) The creation of unreasonably loud, disturbing and unnecessary
noises in connection with the loading or unloading of any vehicle,
the opening and destruction of bales, boxes, crates and containers
or the sounding of any bell or gong attached to any building located
on any premises which disturbs the quiet or repose or persons
occupying adjoining property or those occupying property across
any street, alley or other public way, and within a 200 foot radius.
"`" (12) The shouting and crying of peddlers, hawkers and vendors which
disturbs the quiet and peace of the neighborhood.
�'� (13) The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention by the creation of noise to any
performance, show, sale or display of inerchandise or to attract
customers to any place of business.
(14) The use of inechanical loudspeakers or amplifiers on trucks or
other moving vehicles for the purpose of advertising any shows,
sale or display of inerchandise.
(15) Within any property zoned and developed pursuant to Section 23 L-
B — Limited Business District and Section 24 C-N — Neighborhood
Commercial District of the city's Basic Zoning Ordinance No. 82-73,
which property is contiguous to property developed and improved
with single-family detached dwellings, it shall be unlawful to deliver,
unload, deposit or allow and permit to be delivered, unloaded or
deposited any commercial goods, wares, products, food products
or any other commodities to be used for commercial purposes
between the hours of 10:00 p.m. and 7:00 a.m. the next day,
provided, however, it shall be an affirmative defense to a complaint
filed under this subsection that a dire emergency exists that would
require the delivery, unloading or depositing of commercial
, .. products in order to preserve and protect the public health, safety,
morals and general welfare of the citizens of the city. The party
charged with an offense under this subsection has the burden of
proof relative to this affirmative defense.
ORD. NO. 2002-58 44
Sec. 12- 90. Same — Exception as to certain vehicles.
h..,� It shall be unlawful for any vehicle to be equipped with and for any person to use
upon a vehicle any bell, siren, or compression or exhaust whistle, except that vehicles
operated in the performance of duty by law enforcement officers, the fire department
and ambulances may attach and use a bell, siren, or compression or exhaust whistle.
Sec. 12- 91. Same — Refusal to cease.
A person shall be deemed to have willfully and knowingly violated one or more of
the terms of sections 12-87 through 12-90, if such person shall have been notified by
the neighbors or the chief of police or any police officer of such disturbance and shall
have refused for a period of 24 hours to correct such disturbance and prevent its
recurrence. (Ord. No. 68-38, § 6,12-3-68)."
Section 2. That Chapter 12, Health and Sanitation, Article I1, Nuisances, is
hereby renumbered, Chapter 12, Article VI, Nuisances. Sections 12-20 through 12-39
are hereby renumbered 12-92 through 12-111.
Section 3. That Section 12-40. Same - Collection of expense is hereby
renumbered Section 12-112, and amended to read as follows:
' "Sec. 12-112. Same — Collection of expense.
`� ` The City manager or city health officer shall file a statement of such expenses
incurred under section 12-110, or section 12-111 as the case may be, giving the amount
of such expenses, the date on which said work was done or improvements made, with
the county clerk; and the city shall have a privileged lien on such lots or real estate upon
which said work was done or improvements made to secure the expenditures so made,
in accordance with the provisions of V.T.C.A., Health and Safety Code 342.001 et seq.,
which lien shall be second only to tax liens and liens for street improvements; and said
amount shall bear ten percent interest from the date said statement was filed. Further,
for any such expenditures, and interest, as aforesaid, suit may be instituted and
recovery and foreclosure of said lien may be had in the name of the city; and the
statement of expenses so made, as aforesaid, or a certified copy thereof, shall be prima
facie proof of the amount expended for such work or improvements."
Section 4. That Chapter 12, Health and Sanitation, Sections 12-41 through 12-
49, are hereby renumbered 12-113 through 12-121.
Section 5. That section 12-50, Definitions, is hereby renumbered Section 12-
122. Definitions. The definition "Motor vehicle" is hereby amended to read as follows:
4 "Sec. 12-122 . Definitions
� Motor Vehicle means a motor vehicle subject to registration under V.T.C.A.,
Transportation Code § 501.001 et seq., the Certificate of Title Act; except for purposes
ORD. NO. 2002-58 45
,R.,� of sections 12-124.2 and 12-124.3, of this division, "motor vehicle" includes a motor
boat, outboard motor or vessel subject to registration under V.T.C.A., Parks and Wildlife
� Code § 31.001 et seq."
Section 6. That sections 12-51 through 12-54 are hereby renumbered 12-123
through 12-126.
Section 7. That section 12-54.1, Disposal of abandoned motor vehicles, is
hereby renumbered 12-126.1 and subsection (a) is hereby amended to read as follows:
"Sec. 12-126.1 Disposal of abandoned motor vehicles.
(a) If an abandoned motor vehicle has not been reclaimed as provided in section
12-124.3 of this division, the police department shall sell the abandoned
motor vehicle at a public auction. Proper notice of the time and place shall
be served to the owner and all lienholders. The purchaser of the motor
vehicle takes title to the motor vehicle free and clear of all liens and claims of
ownership, shall receive a sales receipt from the police department, and is
entitled to register the purchased vehicle and receive a certificate of title.
From the proceeds of the sale of an abandoned motor vehicle, the police
department shall reimburse itself for the expenses of the auction, the cost of
towing, preserving and storing the motor vehicle that resulted from placing
� ° the abandoned motor vehicle in custody, and all notice and publication costs
incurred. Any remainder from the proceeds of a sale shall be held for the
�'� owner of the vehicle or entitled lienholder for 90 days and then shall remain
available for the payment of auction, towing, preserving, storage and all
notice and publication costs that result from placing another abandoned
vehicle in custody, if the proceeds from a sale of another abandoned motor
vehicle are insufficient to meet these expenses and costs."
Section 8. That sections 12-55 through 12-57 are hereby renumbered 12-127
through 12-129.
Section 9. That section 12-58 is hereby renumbered 12-130, and amended to
read as follows:
"Sec. 12-130. Complaint.
If a public nuisance as herein defined is not removed and abated, and a hearing
is not requested within the ten day period as provided in section 12-124, a complaint for
the violation of maintaining a public nuisance may be filed in the municipal court of the
city."
Section 10. That sections 12-59 through 12-62 are hereby renumbered 12-131
��u�; through 12-134.
�
ORD. NO. 2002-58 46
R Section 11. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
�� to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or
continues.
Section 12. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 13. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals,
peace, and general welfare of the public creates an emergency which requires that this
ordinance become effective October 1, 2002.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 20th day of August, 2002.
�
APPROVED:
� °%%� .�'-���
William D. Tate
Mayor
ATTEST:
,�inda Huff
�ity Secretary
APPROVED AS TO FORM:
�---.. �",�i�!��.
John F. Bo;�le, Jr.
�
City Attorney
ORD. NO. 2002-58 47