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Home My WebLink About2002-08-06 Public Notice ko . PUBLIC NOTICE The Grapevine City Council Meeting for Tuesday, August 6, 2002 at 7:30 p.m. has been cancelled. The next City Council meeting is scheduled for Tuesday, August 20, 2002 at 7:30 p.m. This notice posted on August 2, 2002 at 4:00 p.m. Linda Huff City Secretary CITY OF GRAPEVINE -TEXAS MEMORANDUM — SERVICES, GCISC pO�p, OPERP`TIONp`L FICIAL TO. MR. TEC MEN LLIAMS, BUILDING OF CE FROM: SCOTT WI W HEALTH ORDINAN T: ADOPTION OF NE SUBSEC 3O 2002 City e considered bYf you PATE: JULY to b ow Health Ordinance let me kn tracts revised this material, o GraPevine contracts copy of the please review the City the Euless enclosed a 0 2002. ou You 'may contact have ust 26, (Council on Aug concerns As any questions or th►s ordAnance' have enforce 1641 with Euless t a17-585- DePa'�rnent a SW f sb xoteGt the health dopt oxdin�°es to p e tho�Zed to a xegulate th a evine is au a necessity d of i s, and ed that it is ubliC� AS the Ce of its atiti�'visioxvs c°nta�`ed �>ne h detex�afeguaxd thep F-E x e o s 1 and w elfa of Gxape ed fox hexeln to lam to ad°pet aspage o f tiv �e Clty s '(0 Zedby fox th p 1`s a 'd entitles a p a eye is ae . tes neGessa3 tivx Gx p ex A tex 12' ae t of all px a of Ch p pS, the meplie `0VA aendxnen e best intexest °f andh� exro ed that an is xn th h��.nn ocle; and has det oxdinanees S the OVY ) of the Code of *VwRE d Sanity o vlealth anits citiZe ' and axe incoxl�°rate the Clty' and and Cooed dtobe.�e ew Seetlon 1 e pxeamble he�x� ixety' stated in th if Gopled in All nsattec xefexen°e as hexeixiby NUM ER�,cES, GG�gD �FtP OPE��,pNA` S . TEO MEN�pZP, p1NG pFF1G,P` -gyp• MR ,W�LLiAMS,RE,gED FEES FRow SGp�T N vpR�xtA `C : NEB �EPLT anCe• C Sug�E pvGvsT 6, 2�02 neW Nealth prd�n DATE• e revised fees to the st, a ached are th eat 817.410 3A58. Per Euless s recO t Mons, Pease Gal\ M ou have any aces �fi y s\N 199 CURRENT AND PROPOSED FEES CURRENT PROPOSED Annual permit fee for food service establishment permit, $150.00 $235.00 license or certificate Food handler certificate $ 10.00 $ 10.00 Replacement for lost food handler certificate $ 5.00 $ 5.00 Annual mobile food service establishment, per vehicle $ 70.00 $125.00 Temporary food service establishment permit, per event $ 35.00 $ 75.00 Location / booth Seasonal food establishment N/A $200.00 Swimming pools, spas public, annual $100.00 $200.00 Day care, annual $ 50.00 $100.00 Retail establishments that do not prepare food $150.00 $235.00 Nursing homes $ 50.00 $100.00 0:1sw\ordamend\healthfeestable07O2 es 900 HP Fax S1Fax/Copier plain paper Last Fk T " Identification Date 98174813453 Aug 6 SORPny Rewlz: -black and white fax ,f- Fax History Report for Development Serves g17-410-3012 Aug 06 2002 3.38pm Duration Rages R- es- 0:42 2 4K ORDINANCE NO. 1525 AN ORDINANCE AMENDING SECTION 30-19 "FOOD AND FOOD SERVICES ESTABLISHMENTS" AND SECTION 30-20 "RETAIL FOOD STORES", AND ADDING A NEW SECTION 30-24 "HEALTH FACILITIES" TO CHAPTER OF 'EULESS,OTEXAS; MENDING F THE CODE F ORDINANCES OF THE C REVISING AND ADDING CERTAIN FEES FOR CERTAIN PERMITS ADMINISTERED BY THE ADDING FEES FOR PUBLIC SWIMMIING POOLS, SPAS AND DAY ITY CARE CENTERS; PROVIDING AND AN EFFECTIVELDATE.OLAUSE; PROVIDING A SAVING CLAUSE WHEREAS, the City of Euless, Texas, has heretofore established certain fees to cover costs to the City in administering food and food service establishment permits and retail food store permits; and WHEREAS, since the enactment of said fees, costs of administering the permit program have increased; and WHEREAS, the new, revised fees enacted hereby will more adequately cover the costs to the City of administration of the various permit programs; and WHEREAS, the City has instituted permitting programs for public swimming pools, public spas and day care centers, and it has become necessary to set fees for permits to be issued to these entities; and and WHEREAS, the City Council of the City of Euless, Texas, now City to recoup itsscosts determines that the following new and revised fees will allow the of administering the permit programs with which the fees are associated. NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: That Section 30-19. "Food and food service establishments" of Chapter 30 "FEES" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended to hereafter be and read as follows: Sec. 30-19. Food and food services establishments. Annual permit fee for food service establishment $200.00 permit, license or certificate ORDINANCE NO. 1525, PAGE 1 of 3 cate Food handler certrf► d handler certificate• o �p0.Op acement for lost fo tablishment $ RePI od seN"ce es 0 °bile {O $50.0 nnual rn t ermlt, Aer vehicle ' establishmen p $204 00 service �N�oth.. Temp°en�ocation b° Per even ent ,,... al food establishm eNlce Season and {pod s 32 Gross reference ermdrequ. § 42 Cr M t P de of establish en 11. 30 „FEES" ndedto hereafter too Stores„ o{rG e� be be ame ct�on 3p"20 Reels -texas, as ame TyesoftheOWofE s follows d stores. $2p0.Op beand read a 0_20Retail {O° Section 3 t fee f Euless, Texas, Pnnual Perm' Ill. e City ° 24 f prdinances °f th w Section 30- ode 0 reto °f a ne as follows „FEES" °f the he ddit%oeaiter be and read t ChaPter 30 amended by 11 her ended, be here hick new section sha c P°°IS. as amilities ,'N rep Pub" $150.Op ,.Health Fas ctwn 3p-24. Day Care, c annual',........•. $75 p0 Se in9 PpOIs, seas Pub Swim► annual ' of the GM ce pay care, 1`J o be the irate et$ of this ordinan declared t and Phras of this sera ences, clauses h or section Or decree t it is ent Clause' �ha hs, e, sentence, Para9t e valid jud9m shall not bilit aragraP alob unconst�tut�onaUtY Severa e sections, P ctaus constitution hs and sections °f the if any Phrase, or un lid�ty rap it without Council that th d valid ara9 Counc re severable, be declare �r�sdict�on, suc es vs ntences, P the City a ce shof competent 1 clhaVe been enacted by ord,nan the rernam�n9 Phrases, n court e would of a Y ect any °f since the lam E 2 of 3 aff ce, G this ordin f\ N0.1525, PA OROIHA incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. Savinq Clause. That Chapter 30 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. VI. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the day of , 2002; by a vote of ayes, nays and abstentions. APPROVED: Mary Lib Saleh, Mayor ATTEST: Susan Crim, CMC, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney ORDINANCE NO. 1525, PAGE 3 of 3 ORDINANCE No' 524 E I ,IN GENERAL", ARTICLE 111 DINANCE REPEALiN � EST►ABCLE 11 LISHMENTS" AND HEALTH AND AN OR FQpp SERVICE OF CHAPTER 42 Ty OF EULESS, "FOOD AND STORES" WITH A NEW "RETAIL THE CODE cI OR AIDAARTICLES 11 ,DAY SANITATION" OF REPLACING S„ p NEW ARTICLE TEXAS, AS AMENDED R�FpOD ESTpgL1SHM. ARTICLE III ,PUBLICGS �N GOVERNING ARTICLE ► „ AND A NEW REGULATIONS CARE CENTERS REVISING C►TY, ADOPTING AND POOLS"; ENACTING AND OPERAT►ON OF ES AND SERVICE wVERNINGE THE - DOPTING AND FOOD SAL REGULATIONS GO THE CITY, A REVISING Y CARE CENTERS R 4ING THE CONSTRUCTION, COVE gWIMMING POOLS CERTAIN DAY OF pUgL1C CLAUSE; REVISING REGULATIONS ERATION AND MAINTENANCE p SEVERAB►L►TY OP CITY, PROVIDING WiTHINT HE G CLAUSE AND EFFECTIVE DATE' pRQVIDING A SAV►N food lace ordinances govemin9 WHEREAS, the City has for many Years had in place which regulations were ents, retail food stores tnaswimming d gene al We►fare; and and food es promote the public health, safety designed top in state and federal dl change and changes EAS, changes in technology R adoption of said ordinances have necess► a WHE original adop said regulations up to date; and regulations since the said finds and determines and revisions to bring of Euless, Texas safety and S the City Council of the city hereby wi11 promote the health, WHEREA , ulatians adopted Euless. that the new and revised reg CIL OF THE CITY general welfare of the citizens of the City Y THE CITY COON W THEREFORE, BE IT ORDAINED NO 'TEXAS, FOOD SERVICE pF EULESS, "FOOD AND ter 42 "HEALTH "IN GENERAL, Article ll " of Chap Texas, as Article ► STORES of Euless, That " and Article III "RETAIL FOOD S the City "FOOD new Article �,pUBLIC ESTABLISHMENT'of the Code of Ordinances and A�III p SANiTAT10N aled and replaced with the following Article therein shah AN CARE CENTERS contained amended, be hereby rAicle 11 "DqY sections EST AB ING PEOOLS", which new articleS and the SWINiM hereafter be and read as follows_ ARTICLE I. FOOD ESTABLISHMENTS DIVISION I. GENERAL Sec.42-1. Purpose. The purpose of these rules is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented -- Sec. 42-2. 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 the regulatory authority 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. Employee - means any person manufacturing, packaging, producing, • processing, storing, selling, offering for sale, vending, preparing, serving, or handling any food in a food establishment. Ordinance No. 1524, Page 2 of 44 or ce, ice' beverahuoran substan \n Part jot o�s5ed easa�e �� wh°\e oc r for selves' oked, or or use or ac\'�ages' seNlce w, c° deb aces, P a food ter�n9 A ra \nter prep as-. ca • Food t \,sed o�*N-Vng gum t stores, t`on Such \0cat�on, or to a \ngte \c�c�Pt�on,-°f An operator tah� co�stwa?" d {eed\rig °Sumer e fatxors, c° meat ' od for fume\C\te or cat ect\y to a catered °P and that esNkI ta ale pr0v\de {ood store, sa 100 ad\�ek, reoror .10od bactY thr h ut Food �\ rov`des n dire e° • 0r otoe\S t, retaoPerat �SQort pe°P\e' • \nst�tut�o t\ er o` reStaurart estab\\shore{ the eoP\e, mer arrec dttootttans tiod ° a co o� 9r° -ery °rd can\e, or S. erat�on, used op a c� useseso.°n 01 me deCNev ded by c°mm°r selves, P" pans, °r convey. es P°5 Su eas txrehat \s pro who prepares,uters�\s, Po re\�n4u\5h erv\ce ch es rear deWgeN s de\rvery s ers°n \d\ orders' or ears ary or who ha SeNices). idler , .m or drink , ef t lC°de • Food\es ope e,�tems ealth QePafV h �g\e'seN`c o'1 Eu\ess H d Pub\rc sch°°\ s Health Services � G�ty \ subavisons an � and .potrtxca a oiiity mears� + rof\t corPorat�on Nonpr°fit fa meat ent�t�es on P p,\\ 9°v 5 der the I eras r de Sedt�On 5g1 G d (ai d�str�ct `ors c'na�ered un a\ Revenue Go `shment des\gne b orgari\Zat emPted by \nte,, rated food estab\ re\y < seta . tJperat�or5 ex P ver�c\e m° add ed or ss�n9 tcl ent ' bagged, a99 food Pr°ce nor \nG\udes a Pusr�Onesecure\Y estaplishrr► t or a 0r other, tang ,obile foo Y m°veab\e l ed, c;a estabCk C ecru`!out b°ose 0 tac�l�ta to be rea o�\ed, ca ed \n a toa �r,�raPPe\th the Pure consumer. aGKaPed heB er Paes of in�ta ne��2e {Ood he food by th at author\Zes a v�rappe the ter erdosed tO GOand rece�p author\ty th p\ant- �ntakn ring seN regu\atO n °{ the dumb\e ctkor du by the e oPeratio ers°n•, .\ood prote err \sued meat. jot th other P the dog a °od estab\ksh a\\y resP°rye, s ag bC�shment. s P e s°� to °Pest entity that e Twiner. �a oa °od esta b\�shment who e od to P mit holder meat sac a\ d Perm1-t to OIP tat a io es Per tab\`5h es a v resen ect�On' fO°d 100 P05Ses� drvidua\ P o1 insP and wh 'Che \r the time o� in Gnargr� oPeratiror at Pecs sib\e jOr respon page 3 01 44 .ranee N°. A524, Qrd' crates lOr a o le event blishmenonhWI h a sing d esta ctl _ A {oo sin corilun d estab iishrne $ecutive day paper Tern food than 3 co . e a Year. inse6lon o{ a COb�1K or I h period �ra� on no more than that upon °f flood eac or cele 1{rSeNice devi es un►t se t gsdevice between _ A se dispen ishin9 machine d or Key' of cePlen vending token, the necessity currence's without ApM1N1S�.Rp,-�1ON PacKag ° eratwn• MBNpMEN-[S ! vending P as p, Tex p1VlSlpr,1 N. ce with the --Texas dards din accordan s Division -Texas a- rnend�'ent Stan shall be re Sa{ety, ?'etal Codes and Chapter A d See. 42-3• o{ this article d and Drug ,17,, 229 d Sa{ety G Health an ent C 229.�6A -22 Health an , s Texas the c►tY The en{orcem gore 2 TA on,s-Texas `aId, NerOO the °{{ice °{ Health, Vern t� a; be on file DePartrr,eni lishmento met\c Act' Health Pr°tesh ood Estab d C and hich food pru(3 n Sariitat 11 a copy o{ w Code d d Sa{ety A3Ai, a Code Chapter 1$ A Health an Safety _Businesses' ch. V 1.C. secretary- e ulat�ons reference _ Food r g *Cross re{eren date ofi ce e State law1. d day$ 01 the Clty of 33.46 e A3,i 0p1 ndler Card Vkequir all Within thier Ca d, issued y Sec. Food Na ice EmPlDyevatid Food Hand) food Service Se Food sere a current F ° any Eve e the holder ofi therv�ise c°nQ�,e inls nGontacda`!sh alter emPl°yment, b ices, a es or o ee to come �3g) Euless Euless Health Sere ho owns and Serv;Ce dooes° not ,Sued by the city °fi (bi h10 PeCa11 pe rrut any t e° emPlody Handler Card Is remises stablishment s areas alid pO on the P nested related t v available �{ req { e d Possess a Curren defined t . hment sha114a Inspection, and thedate ofi emPl°ymervices ood establis e,,\Oyee fi documentation ofi Health S d service or { Car o{ each ices with special Eyery fipO handling Health SeN er s the {ood ofi Euless e establishrr� t d In corilunCtiOn with a at all time Clty o{ tine shall provide any emPloYee is operate ard- mPlOyment service es- d food Handler's c e d� Setup°rary t {�om this regwr event shall be exemP e4of44 inanGe No • 1524 , ? a9 Qrd period Of two Years and may be card issued shall remain effective for a Prefresher courses and (e) Every completion of additional approvedperson named renewed upon successful comp of the p to ers to such person upon cessation of payment of renewal fees. Food har+d�en cards aY S are the property thereon and must be returned by employment. f a- ( Food Handling Class Required— Food Handler Gard Sec. 42-5. person owning, employed by, or every s him/her into contact In order to receive a Food Handier met whose work brio red to attend a Food otherwise connected with a F shall be req with food, utensils or food service equipmentro ram as required ,N it of Euless Health Services before PF 9 d Handler car Handling class held by the City ement protection training raved food man, Code, as amended, may be will be issued. AS approved D, Texas Health and Safety by chapter 438, DTa the City of Euless Health Services. substituted for the course provided !d' _ I . ui red Sec. 42-6. Food Establishments permits Req withoutishment a current, valid food a No person shall operate a food EestabiHe ermit issuealth Services. () d by the City o establishment p food establishment with b) A separate permit shall be required for every within a food ( and operations, whether situated in tions same building or Separate and distinct facilities Separate and distinct lounge operations arate permit. at separate locations. Sep operations require a sep establishment that are in I' addition businesses) to d op (inclusive of bars, delis) or provisions of this article .are not eta esmit, bunless (c) Permits issued under thep valid for the period of time shownoo{ the face of permit shall be the regulatory authority. Y earlier suspended or revoked by a new or a renewed permit Shall be made on an (d) The application for authority. application form prescribed by the regulatory applicants name, type of business application shall require the app officer of the business, the (e) The app principalthe Organization, the name and address of the bus ness, and such other infbusinessi the ormation as the g nature of the authority deems necessary. regulatory temporary event A lications for permits for mobile food units or f) pP a fixed food facility located outside of the city shall ( operate from establishments which oP insurance, and valid/current drivers license information have correct truck registration, for each vehicle and each driver. permit shalt be required and daily (g) A Temporary Food/Event Establishment p inspections shall be required. Ordinance No. 1524, Page 5 of 44 wne (h) Health services shall not renew an expiringor expired permit until h e o e r or operator of the food establishment provides proof of minimum health requirements. (i) Upon change of ownership of a business, the new owner shall be required to s as defined in this code and state law before meet current food establishment standard a permit will be issued by the health services. {1) The following types of establishments are exempt from the requirements of this article: (1) Group homes; only commercially packaged, non -potentially (2) Establishments selling hazardous foods; (3) Vending machines; (4) Facilities operated by nonprofit organizations enot exempt rfor their when members, food families, and invited guests. Facilities service is provided in conjunction with a child re facility, or public fun'dra sing center, hospital, school, indigent feed g program events; and (s) 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 post and maintain a permit. a food establishment and knowingly fails to p Sec. 42-7. 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 specialperates three 3morenthantl(2) ve days/or fewer, in conjunction with event no times a year. Ordinance No. 1524, page 6 of 44 (3) Seasonal. An establishment that operates no more than twelve (12) weekends per year, and not associated with a special event. The establishment shall be issued one (1) permit per year, with permission from primary business location and operate as secondary only to primary business location with current 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, halfway 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, snow cone 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 the regulatory authority 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. Ordinance No. 1524, Page 7 of 44 etrnIts to nleto Issue P . foodl6and\er .t to `55ue eteby authen Perm►t t ?e m+t Inds e ' of wtx1of1 y nee Is h tab\`shm b��sh��er u�remen �42 g• permits horlty or ht od {ea F 00 da Ys F °°d E eS ,Nith the re4 Se°' u\atory aut appi�cat► or a �emP that comp It. -the re9 f\rm mak}n �C�shment erson or f►tan such Perm on or d Esta \ a P and re s 42��a1 any pets obI\e F °° that on Y ecd\ve a �t M 00pfo\, d tit\ed to in Section on forms perm ', Eu\ess', shai\ be en of s�9nee 'AP City or0. dnance �icat►°r ed by th\s or his de this App perrci�t as `a oN aut; h�services each Food )�,_ 1 � Pe�itS , Sec, 42-9 • Such re9u Nea due °r A 0 of this a �,pp\icat\on {or to the of Eu\ess e ShaU oe SeC `o� 42 e in \Nrit%n9 the C;M lee be , mad furri►shed W germ' p\an Reed ac�td�n9 t 6\ Food sha\\ and ent Pe be subrn {or ea e of prescribed es es pans to due to .c� sha\\ be d E hail be e tbi P F °that tec twn fee t Perrn►t app\icat\o era new t ilea en n w henev F ood Estab\%shmen ent petm►t a ' Stab\\shrn and a ante. W ect the is chapter b\is oo t►on, Esta hm a ne\N F or rem of th'sut or y sha\i ; h requ►ren'en d s �G) A ° that requpee of oper sed \on 42 e9 oN ne fiance e u\at comp EstabC�Shrn change ►n �equ►red by u�ted, the deter ed on nerSh\P' ermlt as er -It is repo eraton t° Oormat►on requ�t made f°st &shmen� Perm oe4%nn1n9 P or fa\SHwl9 F ood E t r aton, the permit. EstabC►shmean e. v►red ►nfOrm\on of of this ord�n rovide a\\ re a� or rev°ca sttucted in den ended t Use as a �d� F a►\ure to P su\t tabU$hm ch re or su lion, mayve the aPp\icai a food se s Ice es is Gecif►Coons sfi 6\d\n9 i Review of plansenever eX►st�n9 uctand sP . of Eu\e S B is to t on See, 42-��' of Plans enever a e ared P\at d to thee,, n9 or co atrangen' i of Sobmissione\ed and opet\y Prapbe subR' remod lay°ut' nd m°de e (asive\y rem°alshment, Pversxon sh construGt�oe, propose typ a\i aPPr°ve t ce or eAen Ice estabe`\n9 °r conrova\ beioa\1 Ind►Gate thareas' an meat sh o food seN e s w°tk d seN od fVega the e r�\e5 , except and app ton sh fi� nstruct�°n, rem q\e�d Spe6W�ca r�akefl °f gu�td�n9 ed re vest artment fO�anS a structi°n s. -ihe eats o d or Gon artment. DeP. The p and con d face\�t�e e requireR` remode\e i\ding QeP uIred begin. . a\ p\anS ulpment a ey meet t extens �o W d by the Bu 1f�ca s ar ereq �n9 mechan {axed eq s if th d, ve tron gu\\d propose d spec►f►cation consttu.1 tons aPP eG m t th operation s and sp a� en , e s a sha\i be d specxfica beg ,Nith P\an IsOment \ans an �Nbeneve to the buiid`o9 oe s ons ana th establ ce v�Ith P section. ub��tted ment Pr ec�f`cat� cordar` i in P be s estaovO and sP ac oPerationasect�on t° ice \ans thjs eN d P s b b) . f\ to 0'1 ect thw th the aP 4r § a.891 by S artment sh Gomoance s Mode 'I9 QeP terrn�ne these ru\e 4 �equirEments to 1524, Page S °� 4 No Ordinance Establisi`�ent -�ernP°earl Fo°d t and ar\ab\$ °n t ood �stablish�en t a\1 tunes hod Estab\ish�nen �d P°St�n9 °f � ar9e sha\\ a Mobi\e F° see. 42.1'i' permits ersorn `n` sh�`er" perm S it ho\der of food Estaeb t p ermrt. der the Event pCrc view toe EstabCIshm ranted u ct e\ve ef it 9 e s \aY rn emP°nary F - n i\e food P ,\ rr,e b\a h ent P food , Pe mite ° j units , Duratra perrt�rt ors ob ema` hrn f foodea to Ca tab ment a\\ ua\ for \rsh �' 12• Pe meat ance the an revok od es erm\ts Sec, A? ood stab\iso this °rd` as \ong as ended or ann% a fO CePt that P `a} pnYection t42 6<a)of \ssuanc deiced, Sus ent of the ent fee, ex ovision of nk #rom the date d Perms` or n°n p a rein ns a ed. d EstabC\S ee �3i �121 m°aid and un\e t that \ap5 on Paym eY en not be re oral F °ore than th grat. n e is P eat perm Stated up oaths m at a emP e not m t or Ge\e #e Crshm e re-rn 3� m is th d trm even es tab wi\4 b three above erro °f rn9\e Per \k lee #or Mor e than to paraT Pd e.6ect f on un Lion with a \aPs lion ce a \n c exceP • #u\\ .0' uance e on- tbl Pn am `n of `ss se • ance shai\ P F food it shah reins #rom dateed #or cau perm Gutrve dated or re"J able rs ordrn e'cron• ef \:con °f co %S cusp nd ,Nontsansfet ovisrons °au horny d rrnrt the{opthe Perm6t un , (I erm�ts the Pr u\atoN it sha\\ P• ce and sec...�• p t issued vn and at bC sg meat e om °°d seN, r P nda e, erm fu b od Es a the ty every non4e orary F° for cans{erao ant or -�eM .at the \OGation� at \east t ed food �stabCrshm eat on y e�#or�` e o0 rch granted. shment sha\\S s5 en . ,Cro fdkng to estabiishm e c tho\der fo �h ,,,,pectic) Freck S..rce e ka \ed upon baorne nine s rmed as often Sec 42�14' ,n P ion of a be Priority aao# cau en9R'u\es o ai pn \nspa�d Sha\e and P°t d EStab\rshm t Sha\\ be pelf �annua\\y GomP\`anG as F °° birshmen th TeX d sta ice m nt s e F E Esta0l,sh 9 ,\7'1 �h� °f $ of the °ordrnance a\\ e at con 22 ectiron of th`s ar\rc\ e Sect aeie P rCement ted by this e of th r\;ro <b� Pdd for th \ations hoc\es regu on to en#Of c G drfrcate to necessavv ectrons Rego ices °r ve , inspec ect permits, V\9 food, of as �` �,. \nsP a enter P 5amry to rank food, to aera\ \aws loge e detecfion c 42 es m l eres see. Servic rt rs n s re9u\atrn9te and e cessa'N Nea\teS whenev or other \aw \&e and as may be �`e ab\e trm ar\�c\e by trrs a� stances reason s of tr\as recurred sub Pr°vrs then recor s food and °then ana eGt same\e5 2A p a9e 9 of �� G° �o �J' prdrnance - s to'peC�eve that a ab\e c�'use exist the whenever od e lists d`re entry re{ake a s re9u\at`n9 {°° and re4 all �wst o{ the or ad%Aerat�On, °r edentva\s \n Pector contro\ o\esomenesrt`c\e °r Other \aW 5t preseno� -edI n er Person In a th taN pro a \On o{ this e�\Ges sha\em s�,s are operator °r ° ed, the re9b \a nwn9 \Aea\th red \{ the Pthe Own t be \°cat c\ua`n9 ° fib) Isesare occuPt to \°cake tr°\ cane° re entry, `n Pre onao\e e4uire entry # a person \n byrtaw to seen d re ,,.Ises an is de,6`ed 0 arse Pr°v\de Genetai\y aN for 1pf cess �c) sha` ve every Hatton 0 Food es as oite e osMner °c ,pees°an aut\0M warrant. `c to th a r°\d o d Conde \th SeN ok`ce e 5 `C p'C a searc� t 7 \c►attoo an \ed by Neo written r' may P\a enk Ru\es \abe\, I 16. �Xarn ed or sa5\9 - es, \A\) there{Or �stabC`shmces sY`a\\ tag, Sec, 4Z- be examen Hea\th SeNxGkhe reason as Food Wn SeN d may ru\es u\ar`ty a{ eX 5 Nea the c ment °{ th`n9 ,r4k Pas` in vio\at\O�o{ th s' Wider_ moved firo dY`ons en\or spec�� e\ eves r°v\s�O the h eNed, °r \,nder °°n ubCxc in charge ,Nh�ch �k b any other 5Ub\ect to used, s the {ooa r\Sk to tre d -the any {°° 22. A64, or {O°d c`on identifiy any \d order steal\ be torage o e without GomP\she d khat i{ Se \se a ro a\\ Pear not poss`b\ ed and ac days an \1 so or °ther"'N subject to ervices sh storage ha\\ . Isbe °rder fi\ed `�`��th�n t Sha\\ be ceder may written No {cod Hea\th er unless struct\on s may be A hear`n9 the ho\d by s \ish�nent. hoid order, to de ar`n9 ed. arin9� ted b e med`a st {or be destroy that be be d`rec the provis`°n esta din th e qa d Sha\\ be nraY w\th specr�`e\n wr`ch state at a duced at fi°° amP\`ance r° the hea\th, der sha\\ 5 nested th sxso{ ev\dence \large a{ \t \nko c h°� rearing `s a on the beV or Pers0'n kin foo or kO br\n9 na uesked' a or the °destroy Such to or01 be ve to der'a<Ure 8 \\, g"Aq'9gl ed e p°ss`b�Cet ute od rese ru\es. prd. N°' �35 t\on \s S099 e to susP oc eeh it v` as may be 88� -74, 8" In cans ervp y at`an any or lC°dea 9 rQGedut wren has teas©� aestab\`sheok er ia`y tray re��+`re 1 �7 , P ices en+`c ake a aut`n sec_ 42- the Neal fro e any d emp\OYee -°the re9uiataN {o°d SeNice s a sR`is he SusPepf opriate ack�°n. e \tom a\\ 01 e 6 o bid`ty h\stO ha\i take apes' the etnP\OY rned unt`1, `e� tee {o\o;Nin9 measu exc\usX°n °{ ent cones eXIsks; a\\ o{ th med\ate ice estabC`s ease outbreak <a, -{he `m °{ the \°°dhe dar`ger °{ d\s ed`ate c\oau 9 or\ky , no \ud estab\isrmenks' xtn tb� the therrre9u\atoN the 0P6\00 °{ e 1� o{ 44 ce No 1524, p a9 grdnan e area of the estab\\shment soR' er to ee oth es d s servIc ase; an o the emp\ 1 k ansmrttrn9 dire °n °# the emP\°y c Restdctl oe°lo dangef °# oratory e)(am\natr there Gov\d a \ab es where gate Rned`103N body d\schar9 dj Pdea rrs and d anY emP\Oyees and of °# these fu stabs sane of de 197 4' � $ 9p� - ales a pr°vs a food se�rGonsrb\e °�rCuPon �c° I ' ed#es o N elate anY resP n°r and the td"As R,Vn efson wh erwrse op ru\es and mrsdernea ore than gec Pny P of or °th of these ui1tY °# a 5 pp norms gover�rn9 Penalties ho\der ents deen�eoa\e5s than2 ' v\srOn \t urrem ofi Pro �\o\atron sh as ° \S the Pe w th the reons shal\bunt °# n vio\ations at such u�`shed ers°n whrrot c°m\% of those pens in an amo code {Or ch day the Sra\\ be P d hat doe rrrrt ho\de f shai\ be {rned�,,\2 of tho�eose. E Q ens an ere that P thew\ded rn slat` n #Or e a e and drstrnc \n v\°\atr°ns °# th cony, mur 1 sePa seek t° en\° urn Pr° and ran a mub\ � he sha\\ be dee�`ed thoritY may g2� �s an ether p°ntr ue he re9`�\ate p�7 , � �' crew VeodQ suc Inlvnction $ 91. crd t,O for M°b�ren e obi e A914 � eme"t� Ch#idre es. �c°d Requ#r dints to ducts t° ru\ .19 AdtNe dr`e \1e'nd'n9pr° nce ofi pe�rnit. \ties vena$g gnse t airr9 Sec 42 �eh�c ment f°� issue and- °then v erdra\ dr\ De#ore oPer require trucl�o# thm d �mrrs arc\e d (a) Additional \ce cream ease . require of a copy cube tom \n urance �� p,\\ drrversha\i subme perm\t der pert s 1rc ob\1e s chide pd obtam tc mmerera\ Soo# of au city rc\e p• h the apP\Scat on d check, suck, veh she\i It Soon p rm\t a\) I \aw a\on9 `Nit \na\ hrsto nb f apP1\G�4mierde, 2i A\\ Pe. to state t° a cnm condrtro ct of l acG°rdrn9 be sublectheck as actua\ or aes pua\ co ps�e�� Y ants shai\ to Such c vo\v\n9 a s un\ads rtutr°n or aPpha\\ c°ns �y ogees auk rye °dens �aN1pro �nd #or a robben! . on of a apP\rcant. onv\ctr°n saint °r krdnaPpin9 eft Crnc\ud\n9 aual\fiC-a`tr ded on the assault, th °ands #or U°r d hat\ be 9 rn trucks' must be PBch \et- °f s ent for ice crew GNiL�REe rn at \east #o Safety equip m jc" Feo the vehrc\ (b) staVM3 oth sides 1) S\9ns ck� and b #r o�tra t,\rn9 G°\or . c � ?.age A ofi A�4 rdmance No. � 52 O (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. (3) A serving window, capable of being closed when not in use, must be provided and must be located on the curbside only. (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 Euless 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. Ordinance No. 1524, Page 12 of 44 b. Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no more than 80 dBA. 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 along the sales route. (Ord. No. 1433, § 1, 8-8-00) Division III. Enforcement IA-0, Sec. . Enforcement options. When the Building Official has determined that a violation of this article has occurred or is occurring, the following remedies are available to the regulatory authority. The remedies provided for in this section or elsewhere in this article are not exclusive. The regulatory authority 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, Ordinance No. 1524, Page 13 of 44 it. establishment Pefm t 1im\led t0 d include but are n uP into the out.de\ay its fO°d e backing _ d With onz sewage t2} T° SUSpen ntthe act\° teaseN`Ge'occu fence• Wit\ be onS Which We f fupt\on °# o �atastrOPh\c the estab\\shment �d} ,eG data\ P° S;aCk ofi sa61ta Ion, fson . Grog spension as e loss ° hment' S0 f14�` f o f othef Posufe and�of ha\\ \mmediate\y Ce estabUs the owner, topef he fetes onJof the c od establishments ons \n an ,e} otjce of e fo e5 in food opefat\ t t° th\s \ven W fitten n t of the n°t\ce, th -ended Pursuac\ 9 on rece\p efson enga9 aspen (f} upon an oi�ense \f the P • . \\cense n d opefat\on • d or had its s With a y removes Of tamper fo° A Pef son 00 has \been close l9} t Which ease \f the person e treated eStab\-XS\lM n o all b d is an \c1e sh alth an sect`On' son c00,61tect\on. efnents °f thn9 ° Pub\\c he sect`On (h} A PeufSuaf\0O subs s of feau\f Safety, zone era\ P fovisions, no' pe P°sted P ter en of any of the god fOn9 fee Chap 1, G P v\o\atO` an ordnance ena\t\es un enhanced P d any a vio\at\o to a .t suspens,on s en of the as t\on, su,�\ect e eafi fi9he holder sanity Code. or p of h fu\es', -12 of the se' Ceifrcate Wa fnin9, nesab\ishmentents ofi the yes fray Vycen W\th°ut d serv\Ce e reQWl \ ea\te SeN sure n° sec ices maY' to a foo \ W\th th alth H cY C\O Nea\th Sere to to OP�aaed to c°mP to Pub\�c hes\onjemer9 {a} ceftifica as \aea$adn for suspen it,11cense °or ceft�ficat�onst\totes a efat\an of Pe rm 1\censecomlood \)\%anc any -,Me if the \ete \ack Date Y,geasNeal h e \t, ch on comP meci by and the suspensi°n at exists, su�ehment shy\tit authonZed end fists . aZaf d e estab\\ . un \owner eX �\nent heabyshff\entI t got be resumed \f an \m the esta $ sha\\ �b�ackup \nto ppefat\On iven the sewage erat`Ons S ensiOn is not agree sefv\ce ap et\t. n in fv\ces. foceedin95• en a noti\ceou\\d said bit a p \ ��0} Se a3 e.4Qcation n Nm chaf19 must f e W\th\n to �a. R ht to hewn 9 erso en d ersOln `s d be suspendedno Sec' oft} ri e Notificatio o °�efV\cateon vep P - t �eQue \t f©r of ce�`f\cate Apr SUSIP soon de fro{ the pe S of the \nsPectlf no `�r\tten e perm\t `f reasons h°\ the f\ndn9 a hear\nn of spens\on, to any t\f�►e With uest\n9 ot\ce su ens\on e\Pt of then d the susP W figs of ee es maY en day \c Health SgN age ,\ 4 of 44 er eX\St. \onn Hance No A524, P 0rd` (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 for chapter shall a beg. conducted upon the by the City Manager who will designate the time and place recorded evidence of such hearings: the City Managed ' Manager shall he make I agfinding and shall sustain, modify or rescind any notice or order consider (d) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved. ed (e) A violation of any of the terms or requirements zonhns Article ublic llhealth be and as a violation of an ordinance governing .fire safety, 9 sanitation, subject to enhanced penalties under Chapter 1, General Provisions, Section 1-12 of this Code. Sec. 42-23 — 42-29 Reserved ARTICLE Il. DAY CARE CENTERS DIVISION 1. GENERAL ld - 31 Sec. Ag-= Purpose. The purpose of this article is to supplementfor opate statutes and eration of day care centers in governing day care centers by providing standards p patrons the City of Euless to protect the health, safety and welfare of the occupants and of day care centers. . (off 3� d Regulatory Services Regulations Sec. 4j�. Texas Department of Protective an Adopted (a) The provisions of the current rules or rules in Ti le 40 Texas Adm nistrat ve "Minimum Standards for Day Care Centers", fours the Code, Chapter 715, Section 401 through 429 are arein ted together Article with Day additions, deletions, and amendments hereinafter contained,s Care Centers, of the "Health and Sanitation" Chapter of the Code of the City of Euless. (b) An un-abridged copy of the "Minimum Standars for Day of Centers" ,snha� be kept on file in the Office of the City Secretary. Theprovisions 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. Ordinance No. 1524, Page 15 of 44 ia- 34 Sec.41=33: 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 different meaning: • 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 Euless • City Code — The Code of Ordinances of the City of Euless, 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 meals or snacks. • Handwashing lavatory -- A basin with hot and cold running water - for the washing of hands. • Health 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 thirteen (13) months old. • Isolation 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. Ordinance No. 1524, Page 16 of 44 iid�n9 or part °{ a there°n' of a bu the buy\d antes' ass °{ age. w;th U,ct tract °{ \as � °they app and five l5) ye , a\ of end bacg�, Premise w;th its gToP eeh tw° �2� co but Sac b\S00g \\dren betty do,mestcc, e but in Gh m wag t re- .,hoofers es Cesu%ng1,{�° eXcePk se °ntacn� Ng at leas P e pi\ de \ to urban a door on it, G the • Os c� 'Pfecat�ond tfash d enG\osUce wit ta`n soease\ n9 unrt ush an tame mod t Gon dw be , P se\j-d O e �� Gom or may n°a bur\drn9 Restr 1 avatorl and Ste' wrldr\ men\ences �i o sacd • one 0 wa Gon �) purp SeNea\th -the Cc4ui or sa Of .In titut'on om oneal Proved by iced t°: Se`Na9e \,6Wxt\es {actovi °c xs used {or G�C�ty and are not \\avatones • P\u�p�n9 bu`\a�n9' A s\nk t �aa ed by the c\uae but dwasnvo od Service bus�nes Sink deEcQ e svnks tatxons° hau\fed {or fio le-pvr �9 SpeG�f{csin9ie-pace chan9sna�d SinN� e $arijtat\On' oaths °\ • Sing ose b es o at a� P sink od m pur . q\ces. Ty \BNatoc�easter d�sP°the cu\es on {° enty three i231 handwasomg wastpwdanGe with �Si and tw in cesvo n ;n acc en eighteen l pfePacat�o Ch�1d beme Toddler Pny the T eXas • age Sha\\ not a0k, to e as defined by chc\d race enGy ,i°stet r°'� buscness, -the term -operated fad�C�ty', me or a9 Genter, short State u h° shopping {or duc�n e\�g�ous A Stec gro P 42, a\ a ,aced a�ng c but p n agen s)j JOS G, \,pte, neGt`on w en ace ace atten inG\Ud�n9 rc red in ,°where chhe chi\dce e premises, um des°u e at is °pecb Skin, nt ns�b�e {°c n of near th ,moo N P �a6WM th of esta nS resp° Gt�v�ties ° t on, er than �G) an'\7-0on or perso in other a us instcu, of \as' \ong °ntrs', reC�g�OUS oc9e Parents engag�n9 for re\\4xo at does n summer m e6Ods wh 0P9�ng °r oc c\asses SkNck\On thdurin9 the eefq' m� ' d to ce'feats ss 1oc re\\g�ous of aI\I7- on ent o1 Nea\th', and yenta\ \� ea\th not P sGho°\a�c� a by a rei�g� e�eXas �ePa�m ent o� N ekSdana \s con 1�censed by th texas �ePa'�m e w tei Pyouth Gam tensed by t o \.{ea\th', hosp\ta\ �'S Qepartmen tfl. P or the -hex Retardatcoc' e �j 0144 ce No 15�� p a9 �ra�nan (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 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; 0) 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 (1) 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. la-34 Sec. 42-33. 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 Euless without first obtaining a day care permit. (c) Health Services is hereby authorized to issue a day care permit in the City of Euless 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. Ordinance No. 1524, Page 18 of 44 com9\ianc'e to not be. sued. Ptter e Center \s foouw,,\ not be ,SS er sha\\ be d own er+o day Car d cted, th a5on'a P t+on a suspende dete a re e of inSpec it w% be wh\ch wefe . w+th+n s \fi at the W care Perm enG`es defic+en 30� daY t may ea\ by dj a day s of der dfvio\at�on or teed th+rtY apP th\s C°deg e ��o\at+on d+t+ons ofi but not to eX the apP\`cao with �cet+on °{ t edy the col director' b services' e day req• d to re cribed by th deri+ed by 42 5()- ect+ons rcadefa oh°# any u+re ofi time as P re Per 61 f �d in 5ect+on olts ofi insPowne f or oP tej \{ a dro�edure sp on f+\e, the r P,ves to the or a+re �ac+i+ty eP Sha\\eeP es or e e an {o\towin9 th not+c e&On- Sha1\ operao# , a�,C\ d Nea\th Se aSeappropfiaed in the insP center n5 s day cafe er !aswe\\ °bseN e car ,With the PfOopefator a tpec+f+ed an' cafe cots ofef+d+er'c�es daY, s th e or v\o\at, e f o f operates in coma�`a the thmethe t+me Pen° fhe own ted at aU t+ e C'M Corrected w+, p{f+c+a\. lgi opera ofi th Use it to bab\e sec{+o� mouse tO be by e Bu+1d+n9 _tted by the th ca of apP\+c Correct or +denb - oth er Sha\i c+enCy that ,s rater steal\ be subm+ t defi cen t+on or iica�iot► day care ce e vio\a hon Ja-- 3t' Pe,�it POP it to opefateea\th SeNiCes address a eeseand� staff Sec.'" a perm mess emP\oy N plcat+on{°f the E owner's nameof a\\ tai PPofm spedf+ed by a\1 state the unt numbefs sses ne f on a { \ioat+on sh eCurity acc° rnaiC+n9 adames of ow e errri+t app d Soc+a\ s Stfeet and en and tb� Sa the name and center to the name ed {Or Gh+1dr , numbef a o{ the day ca Sha1\ +nd`ca ice Pf °v+d erm�t as ,embers it app\\cat+os o{ flood Sere made {of a Pfor to its sha\\ be e Center a+nance' -hec,a(er ntef, state app\icai�o he day C ve °{ th+s deri+a\, day a new sect eme su\t o{ the e o{ °WnerseN. s sha\\ in P e fequ+r maY re opef at+on ce with th ranance on chan9 Health s comp\' 'rS of th`5 ° app\\ed {°e la in his Sect+ Oo. dete frnine men has been on th e fequ+re ope Eaton with the reerrri+t or upanCy t+n9ent in Pa in o \vo\N\ a Cert+f+cake °{ cnce con beg' to Comp y o{ P a Fa+\ufe s`on, or fe a{{\rm that apartfffent its `ssu at+on required °n susp ne f Sha\\ ect+on C ter perm \s\{y in{of arm\t. te1 ThesS gui\d+n oc asday f e Cen at+on, °r {a \ o{ the P the eu\ Gcat+on { din{orfn o f fevocat+on SucCessfiU\ apP fovide a\\ requ+ 5�spension, fi) a+\Ure to P esu\t in den+a\, he app`+Caton R` Y t 4, Page 1g °{ �� Q fd+nance No.1'2 and sivel`I remode roPeM d or eaten are ,enter, sion steal 3 of p\ans constructe s a pay Cate conver before 3. Review are Center fed to use on, rem°ae\ev Sand aPPr°tons Sha\1 a pay C is cot construc t for rev d Spec\f`�indoor and henever Structure Such a�rnen 1an5 an areas, \ P\ans, tal eX\stn9 Mons fBuI\din9 pep The P seNice anica and c\fica % er an d Spec, \ess begun" foc?d me r° `Nhenev d p\ans an City °f Eu version `s prop°sed r rnG\ud- ent and P \an5 and Prepare fitted to the or con t of any e cente equ`Pr� e the P be subm rerrjOdana arrangeom the dayth °e type of eat sha\\ nodes. co�s�tet\00,the \ay°tut o be used fi f\)&ures,, pepartm d City G eled "or find\ as \umbng Bui\d%N9 the ad°Pte e\ rem°d u\1d\n9 are \s, P. She is of d exter's\veW by the 8 ct\on, outdoor matena wed in constru nat the reau\re'men construct\on Spec\fit constructe � r° at\Ons Pp o d {a\\ Zone ifi they Me sha\\ be d sgec\f\c st be an at\ons Center s an u specific pay Care dance w\th Pa spec\f\catons m e gu\\d\nt b No in actor \ans an be submitted, operation the eked eA tie approved P u\red t° begx fN and w\th c°evartrnent. a �onvers\- ec\f\cat\ons enterre e96or a o ec\f\cafi°ns p modelin9� s and sP Care center an en ever P\an the Oay coved P result \n per tc e�shall i � ee with the aPP sPec\frcat\ons ma pepatt "e comp\\ s ord\Hance sand deter\\mer`ts °f th the approved P\an requ to �o\\ow e date of a\\ure vocat\on {tom th \ncorrect e eat a\\ b \<auspension, or r on aid Rene,�a, id for one t� rovded' re center sh e deNa , � �," �� Qermit purat' it steal\ be as 1 here\na fio� the day ce' Sec � Center Pero revOkeealth SeNices A pay essesuspenof re Eu\eene ed" Revocation ay Care nce, un1 the reG°rds it may be r 5\on, ar'a evoke a gal or issua the per r s en at\on fir' genial, sUspen reason infor Gted before suspend' or is\, sv P s deny come 3� emit Renewal uthor\Zed to f th\s A��c\e"seat" n9 fi°eha& on re\ated Qe hereby a rov\s\on • in writ\n9 e for forth Sec Nea\th SeNviolaton °{ a �� d by n°�heau\es °f tm permit f°rerf,6jk shad ,,UIfeMef'ts or s `a\ or su5pens1On' tons Cente of a P ng any den vio\a rev°cfooand sport or <ev°cat\On const\tute causefOr of e re9ao \ e .Premises t\m t\ the Suspens\ wing act\ons sha11 in spec\f\e S\e�,ces 0spedC\o obi -the fo\\o d w\th health to reason Eu\ess ob eNed dur\n9 a and operators', 2APage 20 of 4A prd\narsce �° � 5 heath ub\ic es a sa{et�a�e enter', `c\e vdh�ce e�e o� kyle day e °t ,,ct dl �es o\anon °f a e�Rtvsted to kh Gentet ��d Regu\akoN �21 Any atd to any \ pay Care all a es Code. as hat a ,�a�\d t o'i Pf Resourc the l s to p°Sses DeParkmene human AA2 °1 es°�`r� is o1 DhaPtet R d asu d by I e�rapter 42 °f th human check an e t3i etnef\ Services' r\stofy c \J\d abus is ccotding to e equit Reg Aatoi I C'f. ll cases 0 et an e a ue to f f Pao ect`ve at\-qUIfement �y{ojr rep ate \n ate. �A) Fa\\ (event od to the ntta\ te9 i\e chi\dte ce h C e tourdseaf O are P fesent e lot fevocat\on. etrr;ik and w a t n suspension th \n{otma n boGa\\ persons a\\ c° g\tute c \- °{ e t\o to actions sh �o\\owing se o\\o`�in9 vio\at\on fxl o f a\\ovvin9 {a\ �ci the t use to Cottect a \se in{°tmata pett. ett�it h°\ a„ be brnittin9 of �a �icat\on {° yoked, the afd`an sh ref So °vtin9\y su in the app ded °t to a\ g to cen e eSu'0r \tted, \ed suspe patents °°tn by the dash not pausing b \t \s den bons. ev°ca \ station of eX\s en the heneve� a peot c ase o$ spens\On be ma ond�aons \th\ Nicenke R\ay � e �d? V�hafge sh the den\a\' eats that c Hea -the c corks Ill d o{ an9em tm\nes notify cted. been ak the °n t\f\e aft pets n. ke\y r\ chid � sPect\°n t ho\def ha e\ pee ec°editio Neaah Set `r\ces states imf° f \akNe a to e Pei ension that th d by gets �r� a of yl\S thak a\t ch t\me as Sion• �yl \ of susp S verifies be poske ant p . p{ic \ of unti\ su of suspet' the der%\ath Serv\c \gn srlia sonab\y obsthe g3\'I\ Bpi\a\n9 a rc\a d \ \molls e a \o g unatione 9\vet\ v. \e to Signs P° a� h°dzed by th o e oP authofk c\ear\y dun\ess to a wr\aeon the bu. Vlea\th SeQti efnove entrance By Eu\es be a\kefed not be reissued' t ,C\osed. riesra,\\ not ed syla\\ an tha des\des9nee. has beentev°k ufP°se orinetfkused dn9 his P pettnit t\ ak be used {of ae� n any mby kyle Bu\\ le�o ,Non tt a\\ be d to, . sued ,Permits r this prt\c`redOf as oneeto `fir°m is Se°' sued undebe kfans�e th kyle an No Pee s issued, orat\on other n ins`de wa\\ °{ \ch `t of c don a on p5 {any Pets fitfn it' s icu°us\yicvie*' co\cia1 , � 0`Sp�aY °� Perm it sha\\ besp aged in pub\ Centef perm uous\y d he pay p�rdesha\\ be condo n {aci\ity at 1 O{ #4 the mao 152A, ?'age 2 prd�nance N ny ersh►p °f business business °fate an9e °f own ersh+p of thelegat °r eq note n of any It sha11s Ulraments for ch n ,chan9e °r eX hang er Person• far Pure°Se ReQ sectxo 'trans{er, ° and Y Gare cer'tet'' changes SeG- of 9ur oses of this the Sale' care center f any f the busin a �ontrow ng tai enter' is defined a efisp o ate bosi o� if the ° enowner remains day c St in the bus+nee of °v,nemen s °f thlo�nershiP and th care center intere „Chang e u 'holding of any day new a cons+deriyin9 vtith ua Hess eft+ty h us+nes omP b entity f the b • ally revOKed' and the °only the type +c r in the new e ownefshlP ° e aotomat►c oor partner or ° r a Change 1 oc upanCy shall b e drawing °f the roP°se8 0 1 ilOwin9 P t�mb+n9 Wheneve ert►f+sate sca Sb� e eX+st+n9 C cent. a the fo sch dole, P Occur e gu+ld+n9 but ., limited' f+Wish e Owner'. submit to th inCludm9� bu ule, room uipment, �1 } Shal\ of the f ad+lity , cent sche a and play eQ plan e0p are room u e aid outdoor Pw an review fee', and schedul , applicable floor Pkan it or any 2� Sha11 pay the certificate of °cep to a bu►ld►n9 per l all obtain a new are in addikiOrirtm re center, this section er G+ty dePadment. ernts °f any oth siness °f anerat d as day dal care tC) The ecgt oi�s or reviews by of the bu to be °P hi e icable insp change °f ° on peVa e °His of V� s apPt In the eve f lot a new h at1 the ref equ\rer<`e e� ates day care ►fic unla�ui in9 w+ and ° led a ake of it sha11 W; hoot first Comely other °Ik`i PerrnMts mouse to be °eem�t cer'tafi PC+cable Center��I licab►I►ty °{ O e,ate or bu+ldln9 p any P d by anY or to p to+Wing a reQu+re uniaui f e�� A'PP I for any IP Ut first °b ich may be It sha11 be ent or temp scary 5 shall be uni lot o Euless Ovate or permit y °f �ules+ce estabi+shm to all rubta+n a It City ert+f+c e C eN erin9 of o in the other C Gode of t led a {O°d s without adh need n day care center c or any the City e Opera Center Said Iad�-M Her °f a errnit is occupan 'hapter of cause tab day care although. An °`N e a P Of at a t ices.. befor article °to operate lishment establishmen eawh Sere u+ren`ents 'Person estab N Co req food ser0c f Such flood iaeus+e from lcable G+ty de. operation °ermit for Sal with all ape sepa,entrate shall also comely is $Sued t ``U4J� ,,,Ice reQu►remen c\� �a• F°°d s is Sha11 be as {allows'. Se u+remen General req 524page �2 of 44 prd+r►anCe No-1 (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 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. 5 Sec. 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. Ordinance No. 1524, Page 23 of 44 ed and W " ir"al care follows sha\\ be 1iGensofi SuCb w gec l An ants shal\ be as Center Pr ode es Gene fa\ fequirem ht to day cared +City C or brou9 the adol e fac:\ iM a\S. p ri�mals �epies f re4uir be kept °n file at th t free °f stray an�m tad a,nst fab ton sha11 ,ses sh 1\ be kep e t clean• ated 89 d tegjstra a all be k P vaccn atlons a e Center and Pfem e Center s vacc'n n cat at a day Gate Center u ht to day C;ty Code, e day aces f bfo g opted s and their living sp all not be kept a e f by the ad PO ds sh is defin s and psitta6xoe b+f„ s that ter emises d� -�uvk\e ohibited an'ma 1 pare center p able Disease s ,Kith a fem\s s' at of brought to d y ntr°t °f Gorcrmunic °tt,ons oft `,tithe ff ed ha and P hall be key stuns {Or the G° and exposes rfaces of th h clean Water the Pr°vi air hands ethef the rinsing w and betty edges geo• clean sr tubbing t°ds a d thorou9the fingeff'ata ned sO the Staii sha11 Qa) pJ\ oun by v enty (2 i se a eas �nde ed a{- ed, and main a�n9 GomP t least tw to the trimm dn9 a child h c\ed arms for a u\ar attent�o air fingeCna�ih before fee ch,1d w an ay part6c 1\ _keep th d not rou9 tooth ass\sting a engaging shah p Staff sha anab\e an serving after fter fingers. aces are c1e fore Pf epav ag or drape a i S\jvlaces, and a and surf must wash bor a sick a{te� c\eaning s washed bl Staff Caring tt,ofough\y after d1in9 f pod' a ue hin9 and s ales e hands their hand$ ar laying °uam,�ates the han m afte f co 9 nta n e t G°nt toiiet�n9 Gt�vity that co to ensure tha change'aGvity tha in othef a assist ch\\dren afte f a & ovP fter any ding Staff must the toilet, ee'n9, or all hands O no chid by after using hn9 °r sn t�ce eatng, er Goug osted W as to be ant signs, before ets, aft ously P oms, s° perman able to playing with P Got, piruoands.nds ns sha11 be areas, and°ns tofwas Lion -,to Gh\ldren un 10 ha d� penman oms`good seemndce �n9 a1\dPfof cofnffUnica tubefculosis those in th SeNant individ eslsShal\ be Poste d a Man salt roux e °f In ud ng p`ctor�ai m essa9 have fecal e case of a p aittubefcu\k {or incltiaembers shall 2.eats in thdr6o' tered�ot to be a nsealth fend o ees and is w thn the test Gan no the pe fson Joule fe4uired by N te) wEh peg4& bercu\Osis sk\an phYsic\ao anti tesfin9 fay s\kn test° antouX to ndueed by Subsequ when a M shall be , cul°s\o tubercuiOsjs exam'naw, ication of tuber pos to ed the . es �f he person is Sere A 524, page 24 of 44 Ofdinance No (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 child can be picked up by a parent or other person(s) authorized by the parent according to Section 42-45(c) of this Chapter. Sec.A: 6 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 Euless 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 for review by Euless 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. Ordinance No. 1524, Page 25 of 44 t on the men or naments of a�u\eentjaPment s, and °then or �°t Pose musk Codes. rajt%n9 0h\\djen d ��ty ces bridges' to the ith adoPte A\\ I access\b\ea\\ compW w are e sh g joUnds � ha7-ard- -Vh Y, ae519� standards t30i th�rtY entan9\e to enera, faciUtY Bons 9reatee tbyn cYi,\dven \n G eats e\eva usa9 c �' an step dra�ts for d Se ai Genefa reAuire hes P\at\° Ihan Cap\s of odes, e \nstai\ed and p,\\ sta+rs,r ,\ Prov'ldeadopted City G doojs, sra\\ b inches dance with the ws and Gity Go chI\dren accojd \nc\ud�n9 w+vnJah the ad°Pied cess�b\e d� oof co'�ers �e 9\aZ��a \n aMal ccordance re or may bjotected b� ch are \d S a� be t maK`ta'n a a\\ be P lions, leafs o tlets, which o\d sh connect 5`� yea \\ eiectr\ca\ °u 5i Years ctji 91er than fjve l ftive e\e o\ej �n e Aoun9ej that , A\\ 22��`\dc n you water c° en, must safees bee to or by yard ch water taP s med by cSal k�n9 access' d by a seen or 9 or \ ea o or co e texas Sale Qr\n Pot ke e water tr ces Ab\e t ed by th P d e1 of thw ao\es'3 w \ev ater is a\\o ��i The \ea which irnum tads\�tY, fr°m e I easi\y be at or bens amended- smooth and �e wa11s water Pct, sha\1 be sand anab\e ashes d restroom ens j and o � ja�d easi\yaC�e reacihlY Room fm ofi kitchen areas in k�a` rave sm that surface fabricated at so A\\ su\e laces pJ\ aG�nt theje\e,$ steal\ \5 and firee hods in9,- c\ea ed\akeW adl si\y c\eana ch mater�a no j'ma\ m the fo\\o`!'� and is tiaces aid made oe1Y removed by . e d {ree h1 acks, 1 accessib\eay be e, {ec' \'4 asi\y c\eanab\ rug$ to\eP one jes\due m smooth, e tejs, s\idin9 din 9o°d \ nd floors shah oacrete, 5P>>n and kept cuuMed day\ s and s baje shoh nap a\\ be vac restr°om crack ut\ets. of as Ste din e\ectrica\ ° c\ose\y Wo'jeln, d use is pToh�bite Ga f pets sh `1\ be jets aea caGa jpet \ d �3l rePampoo d as nee and fad��t►es- ma�nta�ned in 5ha \\ be \nsta\\ed an tur e \0Cbens. sures ioj fix tro\ R'ea sha de, c} San�tat�on con\i\:�es lambing co t uves an d &W P A\\ toi\et f�� adopted A) c� with the t accorda Page 26 o14t� finance No. A,2A, QC bathrooms and located inside independently in urinals shall be use them must have Commodes and t children areable ode Bathroom do°rs C ed th city plumbing a• eQuipP so With the . =S reach- d maintained accordance . the children stalled an no locks w must be in and toiletbfuild•n+es g code. lavatory for b Wandicap a ewith the city handWashin9 in accordancetoilet and one 0) e at least one �1 � ale shall b ale and female tdi There 17) children. s form under designated restroom hot and cold water every seventeen ( must e Separately d With The facility (e) There shall b e rovide tion faucet. than one shall b p combing no highershall ashin9 lavatories valve or children +s.faucets f All handw means of a mixing available to or metering e reactNated. t tempered by of water Self-closingout having to b b both pressure, t the temPerad�greefshF ahre n 15� Seconds hah be provided for use Y ensure t twenty (1207 at least fiftee els S hundred water for disposable tow least once daily and provide a flow of drying device or all be a han - at lea Soap andchildren. and sanitized Restrooms shall staff and hall be cleanedite , in restroom ter+ance of mechanical facilities s is proh+b and man (9� Restroom Carpet use is Installation ode. necessary- control mechanical c accordance W+th more often if ventilated to the .city eats in mechanically accordance With front.toilet s vents Sha11 be +n ed with open shall be equ+PP Combination (h) pll toilets urpose use 5i ire center shall dty plumbing code' ated as a le-p each day sing the adopted e design are prohibited. Each sink shall b fountains, restroom + as f aucejjw ater each lavatory +n fixtures, such sinks handWashing have the following t least one e c�h restroom must be a (1� The{e shall be at to there station, at least one (1� or immediately changing here there is a diaper (2) If the sadMW has hing lavatory +n every ro° handwa station. must be a three` diaper changing there food preparat+on, he facility en9�g the food preparat►on area • (3� Itthesink I, prdinance No • 1524, page 27 of 44 arntarned kefsuPP\y' Standards a 'P ' nk Xing atQ rprov\sions of ter sra\\ b rtr °{ NeaUt p� to meek' th wa me s P otab�e DePa� dequate ds he s°urc d r9 tQ eWase Po l ided rater �tandaj any suer system du;ab\e b ra ed aessure shoe %\ Vr\rkrr9 ° a Pub1rc san`t d marrta`re�,d,,\iC orta\ \ be atepund r pa�`elk °� e discharged rrt constru�eree fra \eao tanners orr the the exas se`�,ge Sha\\ b corta�rer ocbent and #umber o� af east a,�ay ha\\ be ke o\Jens 'none P, su{{n onrea � c\ea otter Pests o1 refuse $ \ids or in use be Stored e entrar'\Osed \� P\\ ht frttrr9 vdher 'not �vse sha\\ sects, r°d st th S, c\o ith t`g oVeted e \r a Pr°`4ed by the efuse � R � by f\�es, rote�ed again srr9 d°°r � •N c10 rt�a`> >be eP ho\d a\\ acc�,,ssrb\ t sha\\ be erir9 ara�ortro\ as P sh b\e t° a\\ be �r facr\r y and op and at, �er and Sh e�rr9s °# ats b`I °u'tw roteGt`or cr`\dren e cnr\d uter oA °then pes Mears of p ccessnb\e to identr•Ey th s \rodents and here ect- Out, sha\\ b \ aay \abe\ed to insect , erS of ors and ° sha\\ be c so as to fires , scr thorny . nces both rid ubsta a manner e9 oa °ry au ubStarces�rJ toxnc S ed it Su°h or stag. �rl ° manners h°\dr d and u th �`r\dren s Sha\\ e el imes P\\ ce c°rtents ha\\ be (Sspens a hazard t° s a\\ c\othc . m cbanl a\\ `c substan stances s constrtutrrg remr5e dopted tOX \ toXrcUD ba f frog` ,s done Onn e xth tie a h e\ded oe ke to)6 s \aunder\rg it accor Koperry sht sra\\ b pre\Ient the e\jen;o�of the b�tir\drr9 Sha\\ ertheo b ardles °f \r9 ente\r ter es fo d to the eX s a\\ `rgrt f feast fr W e`'access. be v re center bu\bs I P i\dren ha code \r ax\ d shatterPr°°oor9r to NN ch f e q� d sa ha\\ c rt. a\ areas °f ar`l advil �! areas sturdy an tens, irr Pr°\1\ded r p tenor desl9n, s sha\\ b� o`f come `S, eador other to is ishrr9 orrt tams sec. era\ rec\urremer` ria\S andfre n°f shaah`Gh co r sona\ Gen ent mate c\ean, s and P aG for per p\\ equ`p,or, eas aose rusty Aar storage $P e c°r'tcuarr9 ra`akeda\s ith irdua\ \ so \org as pA6sonous m \ be Pr°v`ded d irteraha d P� y eq\A ena`\d chi\d sha\ Tvalpe use darr9 an ed rr a �21 be\ �grrgs d \ay are o` ge °f c had\ be rnarntarr ir9 space for o deM and mats s ate Spacecot$ cf\bs adeq p,\\ pr°v\ded• age V of 44 ice No A 52�4, P Ordrna 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. (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. Ordinance No, 1524, Page 29 of 44 station is prohibited• - or as diaper chang'n9 ediatelY 5) use of crib or to or and im i • te1Y Prior m be Washed imrned�a Feeding ch inf ant `d, ild's hands s�allood or beverage orate contain tls fora childa per• �� p, ch ed dire Y e cont erved in seP aAer consuming s shall be s ha1C not be sere single"us shall not d and bevera9 d be it is a singl v p°f god nor beverage other than p o unless left° beverages' ' io sound �2i ovc hild. ontajner, ort�ons of foods d ire St�11 final erson, P acicag {d P ckaged an e Ong' serve again, except ththa are a d shalt serve dous 100d' not in use and opened, be Nally haz be reserved• when d or poten capped once prepareon the day it is condition, R' y all be properlf ormula, ut�l,zed d infant formula sh ame d but not dal. sn t3i Bottle t�fied With the P� a{ormul earapthe end °f that be fide e refrigerated discard shae\ be °r mixed Shall be Opened �1 d free of high grass, Exterior premise s follows and mainta�ne Sec ments shall be a fined General require be we11-dra sites and ftom ices shall Sand breeding ces P°o\s object °r rem °Cage s and d er Exterior Pd pest barb from cistern ous plants an shall be free merit, nuisances, an poison e so Exterior Premises unlit Gh, dre e The fence cheSl b any cease traps' fens (b) us to rOtected wellrsr1, y hazardo ed by a an four t4l tis erected °Il be be es or 9 s larger or ce ce sha unp which surroun ap cket th it°n fen e fen condition sha11 esas one t exit, but outdoor Plahave opeOg ates, and if ceea four �4) inc t Sol (c) ,d as not to doors and gates" not ex uilding may ;comply With PrOvIs�on COnstructe except for tal dimens'On ce to the b fence Shal ces ensi°n horiz°n • n entrap Such d ordinances. sharp dmaintained'st tM+o (2i exits fro the building ity codes an ils sews' lead" have at leas a must be aand other applicable d With prOtrudi d lox c paints � 9 ' one t'l) e ce Constructe e zonin9 ord►nan er m,akerials) a where th and e4u'Pmed Wood °r oth d and, be �di plaYgro h unsande ssemble t shall linters lroug hiblted securely Such equ'Pmen edged paints is strictly pro equip meat shall d anchors d Collisions. base layground ed With unexOporevent acctidents an p,11 P as Choc t Lei securely an aintained so apOc aesituated, and m in A 524, page 30 of 44 ordinance NQ (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. SA Sec.f Enforcement The Building Official 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. (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. Ordinance No. 1524, Page 31 of 44 it \# trey any Perm Tnin\muf� to �°we \ the #o\� in9 Te ,Nit at oW the authoe: JuSed t° cQv �9 th th sra11 rav s # -\ed oT -a- P Sra11 ice$ ra Gafe sof a\ SeNice, care lea\th SeN °T o )ef atof Jot a day daY Sra\t ld� an owner this chaptef ai\ of by PeneT of the and a1n that t #ofth in Gett�fjed m Gh the ° craptef ' edy sa`d ascaements se eTed to'. it�n9 by et in why s of tr`s Sra\\ TefC` Te oucedufe is adh \th Sef \ce , °�he man he Pf° &I he o�neT the P Nea e °`� C'OMPiy wme by �r`ch ,s G,\,ptel wro nef n ent � #al\s easonab\e c a f ToriS`OnS .ol th �titin9 t° ton of the SPec�#y e P ire not\r the oPe�a add`t`on to with th #aduTe. SeN�Ges Sha\\ 9t iSsued �t�on is In eT #a\\s tO GOT e he Pefm . on of fewo n aith aft \# tre SpeGifxed' N cef`tef that t -��S act` e #ina\ ee f t\me cafe revoked• tis a6c\e a\\ bec°m the °'N'�n of the dayGentef is ent o� t'n eTTT��t sr ice upon be#ore the GaTe en#ovrem ia\ of a P of SeN on of otcyed day cTiTnjna\ a den e . date ,f\\ess auth of °T #To th Stion, du\Y ttef any en tAQ) daY Te�oGat\O,n s min que of of r\s written e Sra\\ once °# t center the 0 ices a reef\nc the n ifat�on °{ day caf e daT days ith SeN ea\. P celvi of the eXe atof of the �0> Ca\eo#f�Ge °# Y\e lot such aP s after Tee Paft\es of °R anon °# ten with the the `cans ,\ 5i daY ent of th e eXP a\\ %e thefe`n an fifteen a\ a9Teem d ' th agent sr fl staking mote tr b Tnutu Gooducte heann9- aPPea\ bf ve Y date no to f ded Y she\\ be lot the anagev be re\d a Pia\ un\e5s eX craPteT and P\acethe City Mo - Of trek °# P d #oT in the the t�Tne hea6fNC3 d nd any n \e s Pt°v�de des` - ce °# sucod`#y of f es -the hea fsge f wh eO fded eha e �usta�n, �` med`es of the Gita ed upon ndn9 ae reanng dminfStTati�e Te Sra\\ f canside fed in th to eXhauS,T the a Sra\\ be of as d ted T °f de ,\,Q be deeTt1ed nts of th\s �'`of GPub\`cio sa seen°n Tti�s beefing s of Tequ�TefT`#ety yoriIn9efa\ pTov`s te; 9 . eved. of the tef f�t�i�n9 f\Te ChaPtef '\ Ge Pelson a9 0# any Ge gov under #� v\ o{o an o ha lac d Pena1\\es as a NJ\o\a so�b,ect to en itatxon, ode, \ 1-A?` °# t ` c ia' Rese�yed sec. 4, P age 32 0# 4A d�nance No �52 of 'Poo-s 1N e \.E \\\.. POMA s dards for th PRT\C iri�rnutn Stan,d their r�'\ated ent ofi m poo\s m mir9 \ish im Purpose c\e is the ncea°fi pu o\{ th pubU°. Sec purpose ofi this Aand ma\nten and safiety and Phrases' -the pure eraOln e hea\th order t° protect th terms construct`°n, °p tvie 16\owing a \XA ° , rein fiter designate e fiad�\it�es lt¢� itions States °theme cbargea a,shdu\y l� Defin an\ngs he authority ofif 6c sec' 2' o�\a on expa� e me ted '66xdxn9 s a pr aA h er des`gna or the oth e, ar�nethis Art�c\e, Sh / \S the °��cee�t ofi this Code, ded t° be used as use official d enfiorcem p°°\ that is \rater' @uildin9 ton an tat+ve a SWim��n9 a SN\r�r�`in9 adn�m`ste represen auth°t`Z undkn9 \ tO so th t the e sort° o° • rn dif`cat�on a ,The Surfac using the p t ofi or ° urtenances' \oi des�g ' ose rep\acemen or its app the °rig the°rm • oecKa\\<"' by th , -the system' i\{erent ir°Q inc\ude has been {or w e m°de.t 9 crrcu\at�oenat`on �S d es n t which t is not eXtenstvtructure� .\on or op Th. temena ofi eA`a`omhe eAu`prnen p es`gns coof`g oat oPerat\ o •the rep\'a or °peratt aon' �guratn�e ar'd r a ti the S�4e' 'a eQutpmen m evious y aPd� fe ent fir°m the ea\th Depa�ment o°\. ubstantIa\\Y City °{ �u\ess N °t a Swimm\n9 p e Prer��$esen rat' donth t Nealth Services ter sur\ace and dec oa\ �\ovate ofi the owned guests• ( area �- -Me wa ` .A Swirnrr"ndePthe ors h°\d and invite w\mm�n9 Poo Swimas ming. P\e l rend members of the h er than a pac`a es su o� use Private \\y °r dvP \ted to o\ oth ted # ned { S\n9\ seao which \s \\m ray sw\mm\de Poo a\othe areas desig eu ,A e th $vvirnmin9 Poo \n°, o� ets, sh°wets an signed to �ncao s P�,bl�c -the term er rooms, or tank de therapeu way oo\. c' dress�n9 and \S patrons. \n, chamber' d�v\n9, °C but by by the fiadtiC�<y ucture, bas rn\rag or without \\t�nItat\°n a�i , Any Stater fior Soon\nc\ude ' Swimming. P d °fi A sw\mrr`es opfiac\V\es'. an art`f�c�a\ bo y a\bath fio\\ow\n9 typ recreat`° ton, the ofi i\\ustra � page 33 °{ 44 O rd\nance No • � 52 a Sped�al ing Ppo, that I not dramed irlpooi A Sw� use and wouth irn►'tatjon, un►ts Pool or Wh the maaYuinc de, w1th for lu (a) Nydr°th pdesigne It d for nacl y dual se• t de'signe bathx each W d'vi ��rcula'�ion. fac�h Y use. after eac fior hydr°let is a speCA fter8a h ;nci%vAtlual des 9 t d not Swimming Pwh� h ,s not drained ter. is sPraYe but Is (b) Sec at onal use and ool into whk wa of more r Puol _ A ae bo om• maX�muCn depth ofi n (c) Spra ed to P°nd oo; with a allow _ imrnin9 P design and p, sw ,Kith min ement rt Q(3pi inch oo1 Jad�lity swim (d) Wading P es_ _ A swyrnming onventIonal amu than fromater slides, water attraction differ e) VVater recreation which ( al features . ut Iimitat�on, Opel -nciude, w�tho Dols• shalt d wave. P and lagoons and rivers an the following r swimming Pools in ��`' Fees charge fees for public sec. SeNices shall jai health cate9 Dries: �A) permits, tans review', and ^o eratkons inspections it Dounc�l. p C Y nge °f oNNWSr,p pre edule ad°Pled by the ervices Office. t3� cha ealth s 1 be set forth in a sch s steal le to the Public at H fib) The fee e shall be avaiiab a Public c The fee schedul erm+t'ReAuired operates, or 'manages Po°1 P owns, P. s (. SWtm,min9 e if the pets Health senl"ce . Sec son commits val Petrcut issued by Il complete A Pero�l w;th�ut a sha11 annua Y . rn;nP Uance of permit ulnder this Article Swim c j �'$• Iss d to to have a Perm' by 'Health services ow Health s u�re eats se erson reQa,orm Prescribe nt shall all the requirements e4 A P applica ;lance w'th a ermit application on ofi permit, the comp P the issuanceool and pool water for (b� prior to swimm;ng P the public insPe� of ky,%s Art 15��, page 34 of 44 Ordnance �10 . (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 42-65. () 4 Health Services may not issue a permit untilthe public ees have swimming d, passes any required inspection and all applicable (g) 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 operated or pools. be o erated under a single permit. A permit is not transferable to other p (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. 1 0 Sec. . Permit Conditions erm{t, a public swimming pool shall at As a condition of obtaining and keeping e P conditions: all times be in compliance with the following permit d Safety a The public swimming pool shall meet or » easecdrently enaTexas ct d oralth nas it may () `,Swimming Pools and Bathhouses', Cade, § 341.064, hereafter be amended. The public swimming pool shall meet or exceed all applicable provisions of (b) "Design Standards far Public Swimming Pool Construction", 25 T.A.C. § 337.71, et seq., as currently enacted, or as may hereafter be amended. c Fencing oother enclosures for the public swimming pool shall meet or r exceed the requirements of Vernon's Texas Code Annotated, Health and Safety Code, Chapter 757, "Pao{ Yard Enclosures", as currently enacted or as it may hereafter be amended. Ordinance No. 1524, Page 35 of 44 d) All plumbing, electrical work, mechanical facilities,. and structures for the ( livable requrements of Chapter 14, public swimming pool shall meet or exceed all applicable "Buildings and Building Regulations"; Article I "Building i oat�ces of. the City of Eulesdes", Article III s, g Article Iv "Plumbing and Gas Fitting", of the Code of Or Texas (2001), as amended. (e) Storage of pool chemicals shall meet or exceed all applicable requirements per manufactures recommendations on label. () fi 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. A permit holder or applicant shall give Health Services access ie all (i) public swimming pool and to take water same reasonable times to inspect the p determine compliance with this Article. A public swimming pool permit shall be promineh SeNi splayed on the pool premises and be available at all times for inspection by He 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. �4g Sec.1. Plans Review — New and Remodeled Pools a) Prior to beginning the construction of a new public swimming pool or the ( pool, the owner shall submit plans extensive remodeling of an existing public swimming and specifications for such construction or remodeling to the Building Department for review. (1) All private above -ground and in -ground swimming pools with a capacity of five thousand (5,000) gallons and above, a permit is required at time of installation. (2) All public pools regardless of shape, size, and gallons shall require a permit. (3) All private and public swimming pools regardless of shape, size, and gallons shall comply with all building set backs. Ordinance No. 1524, Page 36 of 44 ernent, °sea \ay°uearolP a Op°sed 1\ indicate kh apd mode\ numb \s and the type sea\ °f a d spell sh ater�a under the of Sections e p\ans an u& m fitted uxreMents �b Ga1 "",ntd is -yes s ha\\ be neehereAechan� ean the plans. m eGu\?rd spec;f\cat� enn that they wed fixed \any and the Staten t meet has regwr er's coo V ha\1 <G� en9 Weer �\) and t\� Buy\ding fee owner odin9 o �c�aevia on5 firom 5�o ei u%i p e proe5 lb� �c1, tdi untr\ the in and th the g its. S from th 42 orK sha\\ be9�\ orK ,may b �� worK fir° `Dy such P -I h\n 1 a� day voKe Suc`n N° `� Her that its for su a\\ONNed s begun f{�c�a1 may re a a�sed the °eq\ \Ted Perm`n the finf nO worK h gulld�n9 O and t . ned a\\ one\ude `with itked begun, th s ob d c ern to h rnmence �a s sha\\ n°kedfor sa`d ,work to one CO roved P as issu a\\ des`9na eadM date the Pefmk `�'r rators swimming Poo at r shay\ a a:0ta\n Permit ,' © rained P OOi Ope contro\ °fi a P p, t .,gie P°Sw mn;�n9 P°°\ kc sec? oc Person r fior the P°°l itor the Pub\ comp\ete e Owner kors to non ssfiu\\y v\ded oo\opera operatkon a\\ SucCe a\\ be pro Qe)t aged a\\ h °\ operator #ety , a risk sh ° during manner o an sa or m d sa��tary `e antenance d a Pub�\c av n a ,afe an ed tra\n G°ntro\ s\der in °fi during a\\ It to be con m�ng P°°\ or is i\ab\e obi to °raourse in swim erson owns rea(SM ava $ hour ' erase ifi o eratar c s the P o\ P m inka`r' a bass rvxce ' an off trained P° sha\\ a sha\\ by Ned\th Se n cOmmstn t have a svjimm\rag P°°\ for and pe which doe ° ub\�c oo\ °?era d wimm�ng P ` aperatton of is in conk, des -grated a acne t proofi °f e hours °f ?°° erson who aW he P°o\ he s when require d , fa`lure to Phut npn ho fiac`of tag th prernis o e Nea\th Sew Ofi subsea \c s. sha\�\e during all urs oil too, e�t Such Pr°°f t ton {°r a viototthe "ea\k ead`1y ava�\a �rin9 p°°\' Pr e) \n a P ed P°°\ °Pop Cooperator �s ,` k the pubii a�G \s to th ; p efs a Hated tray a trained P ed Onsite at a\\ entr tor. The color des'g ce that ok emPmOy ost s\gns oo\ opera be ofi a ev`den erakOr �s n oo\ steal\ P trained,? and sha\\ Operation• Oo\ oP of the Pnumber °f toeinch a tra�neod P control t of one age, h owner or Peione \,,,mbee f°..,\, t` helg the tang txnl he to\e shaN\ be °f round. Sta such s`gns their bacKg ast`n9 ko 24 P age 37 ofi 44 prdmance No A 5 o) At a minimum, such signs shall state: WATER QUALITY "TO REPORT MECHANICAL, SAFETY OR PROBLEMS WITH THE POOL, CALL DURING POOL HOURS." ICE OR AMBULANCE IN AN EMERGENCY, DIAL "FOR FIRE, POL , 911." be of weather -resistant construction, and shall be (2) Such signs shalt e are readily visible to a reasonably observant pasted where th y person. public is an offense if the person owns oncontrol site and with criminal fig) q person commits ool operator employed swimming Pool with no trained P required by subsection ft negligence fails to post or maintain signs a lication shah name the designated trained (h) A swimming pool Permit PP ermit is sought. ool for which a P the owner or person in operator for the public swimming P the term of the permit, pool operator changes during e to the Health Services. trained p report such change control of the pool shall immediately rep Public of a is "in (i) A person commits an offense if the person ownsof °tracinedpotol lopes or as swimming Pool and knowingly fails to report a change required by subsection (h). public swimming Pool pool operator of a p A person who is a designated to trainedae off level and the chlorine or disinfectant commit) an offense if the person faro level in the pool a minimum of twice per day. `. Maintenance of Pool Records Sec.= H level and d trained pool operator shall maintain records of all o during the (a) A designate level tests performed on a public swimming P chlorine or disinfectant permit term. the results of such tests, the time and date the tests (b) The records shall ool Usage at the time. were made, and the level of P pool for no public swimming P uest of ade available immediately upon the req c Such records shall be maintained on -site at the �) ears, and shall be m less than two Y Health Services. or is a its an offense if the person owns, is in control Of, fails a (d) A person Comm ool and with criminal negligence pool operator of a public swimming P trained p maintain records as required by this section. Ordinance No. 1524, Page 38 of 44 is in control of, or is a Offense if the person owns, required by erson commits an swimming pool and Pais to S as c records (e) p operator of a public swim uest of Health trained pool op. immediately upon the req this sectior� available �aJ'g, Nuisance SeC 's hereby declared to be a nuisance if: rivate swimming PO°l � prevent (a) A public or P Pool is not maintained so as to (1) water at the public swimof P ects; or the breeding or harborage 2) water at the public swimming P° of emits an odor that is foul and � to a person of reasonable sensibilities. main drain is not offensive Point that the m of the water as degraded to a (3) Clarity conditions. on which a visible in normal lighting the owner of the property such ive notice bate, remove or otherwise remedy (b) HealthhS Sectiic on ses y located to a nuisance under this nuisance immediately- The notice must be given: (c) ( 1) personally to the owner m writing; Post office address and (2) by letter addressed to the own e eatt eq ested; or sent by Certified mail, return rec owner, s post office (3) if personal service cannot be obtained or the address Is unknown: offcial newspaper of the City at least twice a by publication in the consecutive within ten (1 0) C°nsecutive days' b. by posting the notice on or near the front door of each building ro erty to which the violation relates; °C take driven on the property P s once on a placard attached to a then to which the violation relates, if c. by Post ing on the property into the ground the property contains no buildings pursuant ended permit issued Pro property, alid or (d) If the public swimming po ol has same person as the owner of the p P Article and the permit holder r s ho der. to this given to th no P 1 days Of notice shall also be 9 th the notice e nuisance and do any erty owner does not comply wiproperty containing th (e) If the Pro ppfficial may enter the pro P service the Building isance. work necessary to abate the nu Ordinance No- 1524, Page 39 of 44 by the Building deemed necessary hazard, the ce is imminent h enter nuisan from an of this sect►on, abatement °f the or welfare work necessary to diate ealth, safety notice provisine any imme the public h with thee don rotect t comPly►ng d do or cause to Official to off►Gal May, withou uisance an iv th building then the owner of the property containing ce, including the a nuisan d to th estate on nuisance City to abate and chargee real abate the the City . alien against th curved by the aid by °*"tam (g) Ail costs in e expenses or required, shall initially be p notice as The City may assess th property. done work was r permit Denial ool permit: which the swimming P Grounds for the issuance °f a of this $ec, A�2' deny of one or mare violations twelve a The Building Gfficial may v;cted 34.1 064, within the () s been d Safety Code, 1§ anon; (�) The applicant s Nealth of the aPP Article ding the date et, (12) months Prece of Section Q2-65 are not m Premises it conditions same P of the Perm licant for the was revoked (2) if any held by a lica the P 001 permit h e the a date of the application; or at the tim of 3) if a swimming P lion or erasion receding the lira is under cusp ,12) months P the apP twelve ( statement °n to a material fact within the aterially false Article - it a ent or m►srepresentation as this Art ons submitted pursuant to (4) if the applicant Mayes p{-f'►vial any false the �g�ildin9 theany Plans and SPecificat� at►{ied by 11 set out the ►n denied `Frill ben Off►c►al shall ant whose Permthe denial. The Building (b) An apPl►s of the date of earing within 10) day an appeals h within ten ( denial. may request e in , Vftfing, shallthee i Y ds for the it ►s denied quest shall b e filed ,Nth group Such req and shalt b licant whose Perm of be denied, (G)days after the notice of denial. ten (A 0) why the per should n the reasons or Revocation of perrn►t to one hundred Manager SuspensjOn Suspend for up ov '1 Grounds'For C{Ilciai may o1 permit if: sec�� _ the B ;rriming p pool is uild�n9 ° and h m ng, the a Public sw Swimming 341 Q notice the public 06 After n § � 80) days Of control of Safety Cade, and eighty ( or person Texas Mealth and older the Permit h rtjcle or (a) of this A d of a violation convictthe term of the per, during 40 Of QQ Ordinance N° 152Q, Pape trot of the pool fads to comply with any of rl in con with an or P 'fS ;on 42-551 001 fa+ls to comply (0) the perns se d{orth �n .Ontrol Of the P e permit condltl° a closure order • holder or person ;n c th erm e po1 disobeys e 1t of tGon report ordeC' person in control for licat+on ecilthis p 616e', 'arm -It appplans insP Older or p ant to on the P act m an, (d) theP d pff"ic�al pursua false statet atmaterial fa b the a materially a\se as to issued Y ermit holder ndoc misrePres Article. (e) the P false stateme ursuant to th at all there is any S submitted p ;mmi LgePa°y Of the and Specification Cemises Of public sw to enfO ces has 1S Right °f Entry enter the P e an ;1.151P n Health SeNi �,{ may to mak ene`�eC premises Sec �j L in9 O��c�al rn wh is On such preen a The gu11d enever ;t is necessary samples, or e1s entry if water rticle d require entry a$Or ble time A �cle, to °al �GOlatlori of this A to credentials e9ulatoN auth re of th na ,the control Of the le cause to belle�e tha provisions ese5 PPe P n° wn��eor person iri s probab ice shall first Prreml e O s If the p locate tile (bi Health SeN 1ed. Services, emises are ° ea unable attempt t° ted Health include t be loca e shall s ise r aye a n° Such recurs ap first m d require entry contrO�� entry. son in �:1cle 1$ �5 of the Te premises an d or if a Per law to secure s of A t is denied v. ded by the prO\jision �c� If entry PrONarrarlt under recourse every shall NaitoObtain a°c dut . S .P,61cie, search Heahe tCode o Criminal Pr s uant to th1 spedlfy ection Repo imm;ng P°°1 Psych report in control to t y_ 3, InSP sw rt. ar person gec ublic ectlon repo the Owner er insPeGtla a public d order ea spedlfied time . Pft a written ection an (ai prepare the insp is Article y report to the °weer of Services may ed during, with th ectlon eN comPllance of the InSP v;olatjOns obs a copy H THE the fadllity into O cOMPI"Y wIT bring Services Sha11 furnish E OF cR1MINAl" (b� Healt, Of the fadllity „Alt u HAe ISSuAN SUSPENSION OR control state T E E OF At_Ir O� shall RESULT IN TN E�ERCIS person in MAC E P OOI- F pc1l.N THE c) The insp S t1oREP�,RT O� TH PERMIT pND S OF TH UOSURE It�1G pool• of a public ORDER THE c S� I MM control c1T AT 10 Ys , O� Y 4`1-Q ED B`� I.AW person Owns Of t thj5 $ectlon T�.{ER REMEp1Es A ense ifi the Pissued pars uant 0-we?. rson cornrn;ts mply with an Order d A pe ;Is to co Swimming ppO1 and fa age 41 Of 44 of NO' A 52A,P 004 closed if it determines. closure Order SeG4. order a public swimming P Pool permit; Health Services may hout a valid public swimming P (ai operator readily operated wIt oal p (1) that it is being p without a trained P being operated Pool operation; or imminent (2) that it Is all hours of available during will constitute a or those in eration Of the Pool using the facility, continued o or safety of persons (3) that the eto the health arson in hazard to the facility- pool, the owner or P close proxim►tY swimming p closes a public ices the public (b) After Health SeNediately: pool shall imm signs at all entrances to control of the p and maintain DL C�pS�D ,and 1) properly Post public swimming ( pool that state art of the swimming P gates that forma P all doorways and g Signs (2) lock Health Services. Pool enclosure• rovided by observant person. b shall be P reasonably aired by subsection )visible to a absent, or �c) Signs req are readily pool is ost signs ositloned so that they Public swimming may P shall be P control of thde P) Health Sery owner or person in d if the with subsection hb� Isnsection. of a public �) to comply accordance volt son owns or Is in control b or tc) fails or refuses remises In subsections () and secure the P offense if the per comply with commits an order and falls to (e) A person com closure arson 001 subject to a offense ►f the P swimming P commits an section Services a closure sign. Of this than Health A Person other diving or f covers or renders unreadable es for swimmin9,d which is {) defaces, alters, arson us ices an removes, offense if the P Health Services commits an been closed by fig) A person ool that has 'public Public swimming b this section. control of a p bathing a P as required Y s or is ir1 to use the Pool Properly posted if the person own arsons p its an offense knowingly allows P (h) A person comet order and act to a closure e operation o 11 subj shall not resum brought swimrr►Ing P diving, or bathing Health Services has been for swimming the facility pool closed determines that and regulations I A public swimming p ices Iicable laws t) ection by Health Sea other aPP until a re -In with this Article an into compliance ordinance No. 1524, page 42 of 44 es within thr 0 the Servic set io city to Health sha\1 1th the 1 a closure odder all be i sh c \ be filed w may ap\ -the appe inded, and c4osuce order. Ui A pecmi ua�ae r°{ the or should be res not stay the e iss or ofran appeal doe cted by the City days after th the closure the ons why e -Che filing aU e condu a upon real , S pific • tes sh b B sed and sha41 Manager' s P`°Gedu {or in this chap{or the hearave a findin9 ring ' Hea vided d P\ace er sha\\ I'll earin9• Se°' r arin9s pro e time an Msna9 m the h ce with beating' beefing thoreCyconsidered nce °{ the eviden designate Manager e� deuce esc�nd any notice °r ed on a prepondera S of reG°rdedmodlfy of r e made bas inl5tratwe ren�ed�e sustain, ha\\ b o{ ° exraust the adm t pehe\b� den ofi prO t 11 eem t City having sha be d ed d as a the 3, Thi e� � rin rtic\e sha11 be d Sanitation t on aggrr of this a Hear an � ^12 °{ this the pens ek orcement uiremenks or Pub\\c Section �_'�• Enf terms or regiew Zoning Provisions, Sec o{ any o{ the Fire Sa Gener vio\anon ce go" srni der chapter �' olation °i a handc d pena\t\e un vsubled to en e. th City cod �'2,84 reseNed ntention o{ rd trance twoUgh 11. be the i of this ° o{ this Sect dec\ared t and phraseof sectoon decc.ee it is hereb�es, clauses par egraph " . na Y°sha11 S o G1ause. -mat aPhs' sentse Sentence th va\�d,\tutiO ct- f\ Seve�abilit Par Phrase, ciao bona\ by uncons hs and se t the sections unc°nst�tu \idity or rap withQu ounci\.that the and if anyd in or su i senten the c�tY a Phrase' use �a\id ch ces, P cot cta are severabha44 be decetent jurisdict5 Causes' enacted by nstikution Se ve been unco orainan court e rremaining phMe i°u1d ha va\\d oC \n °{ ect anY °{ Since the trance of any such u\ess, a ance' his ocdi this or orration ink h or section trances, City °aEended incof aca9ra9 W. s m o{ prdi except a sentence, p er g 0{ the a ed save and use- -hat are pn {u\1 force an Sav ame ded, sha\\ rem � eXas' as °rdinance - bY this 43 of 44 ance N° 1524 P age �rd�n IV. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 26th day of March, 2002, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: Mary Lib S6kh, Mayor ATTEST: 1 usafi Crim, C C, City Secretary APPROVED AS TO FORM: Bob McFarland, City Attorney Ordinance No. 1524, Page 44 of 44