HomeMy WebLinkAboutORD 2023-077ORDINANCE NO. 2023-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION; PROVIDING A PENALTY, NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
SEPARATE OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that it is a necessity to regulate
the activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council has determined than amendment to Chapter 12,
Health and Sanitation, of the Code of Ordinances is in the best interest of the of the health,
safety, and welfare of the City of Grapevine and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-2. Designation of health authority. is hereby amended
to read as follows:
"Sec 12-. Designation of health authority.
The city designates Tarrant County Public Health as its health authority for the
purpose of ensuring minimum standards of environmental health and sanitation within
the scope of that department's function."
Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-4. Fees. is hereby created to read as follows:
"Sec. 12-4. Fees.
(a) Health services shall charge fees for food establishments in addition to those
charged by the Building Services Department.
(b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health
Department and the city council.
(c) The fee schedule shall be available to the public at the health services office."
Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-4. Amendment standards. is hereby
renumbered, renamed and amended to read as follows:
"Sec. 12- . Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted
together with the additions, deletions, and amendments hereinafter contained in 25 Texas
Administrative Code, Chapter 228."
Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-5. Food handler card required
through Section 12-20. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children. is hereby renumbered and amended to read as
follows:
"Sec. 1- . Food handler card required.
Sec. 1-7. Food handling class required; food handler card.
Sec. 12- . Food establishments permits required.
Sec. 12- . Classification of permits.
Sec. 1-1. Permits - Authority to issue.
Sec. 12-11. Permits -Application.
Sec. 1-12. Review of plans.
Sec. 1-1. Posting of food establishment and temporary food
establishment permits.
Sec. 12-14. Permits - Duration.
Sec. 12-1. Permits - Non -transferable.
Sec. 12-1 . Inspection frequency.
Sec. 1 -17. Inspections regulations.
Sec. 12-1 . Examination and condemnation of food generally.
Sec. 12-1. procedure when infection is suspected.
Sec 12-20. Remedies.
Sec. 1 -21. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children."
Ordinance No. 2023-077 2
Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-21. Enforcement options. through Section 12-24.
Reserved. is hereby renumbered and amended to read as follows:
"Sec. 12-22. Enforcement options.
Sec. 12-23. License, certificate or permit suspension.
Sec. 12-24. Revocation proceedings.
Sec. 12-25 - 12-30. Reserved."
Section 7. That Chapter 12, Health and Sanitation, Article 11. Day Care Centers,
Section 12-37. Review of plans. is hereby amended to read as follows:
"Sec. 12-37. Review of plans.
(a) Whenever a day care center is constructed or remodeled and whenever an existing
structure is converted to use as a day care center, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to
the City of Grapevine Building Services Department for review and approval before
construction, remodeling or conversion is begun. The plans and specifications shall
indicate the layout and arrangement of any proposed food service areas, indoor and
outdoor areas to be used for the day care center including mechanical plans;
construction materials, plumbing fixtures; the type of fixed equipment, and
playground and fall zone specifications. The building department shall approve the
plans and specifications if they meet the requirements of the adopted city codes. The
plans shall be submitted separately to health services for review of compliance with
these rules.
(b) No day care center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by health services. The approved
plans and soecifications must be followed in construction, remodeling, or conversion.
(c) Whenever plans and specifications are required to be submitted, health services
shall inspect the day care center prior to its beginning operation to determine
compliance with the approved plans and specifications and with the requirements of
This article.
(d) Failure to follow the approved plans and specifications may result in permit denial,
suspension, or revocation."
Section 8. That Chapter 12, Health and Sanitation, Article 111. Public Swimming
Pools, Section 12-64. Regulations adopted and amendment standards. is hereby created
and amended to read as follows:
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The provisions of the current rules or rules as amended are herein adopted together with
the additions, deletions, and amendments hereinafter contained in Texas Health and
Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and 341.0695; Texas
Health and Safe-,.-y Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Ordinance No. 2023-077 3
Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water
Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter
M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757)."
Section 9. That Chapter 12, Health and Sanitation, Article Ill. Public Swimming
Pools, Section 12-64. Definitions. through Section 12-79. Reserved. is hereby
renumbered and amended to read as follows:
"Sec. 12-65. Definitions.
Sec. 12-66. Fees.
Sec. 12-67. Swimming pool permit required.
Sec. 12-68. Issuance of permit.
Sec. 12-69. Permit conditions.
Sec. 12-70. Plan review - New and remodeled pools.
Sec. 12-71. Trained pool operators.
Sec. 12-72. Maintenance of pool records.
Sec. 12-73. Nuisance.
Sec. 12-74. Grounds for permit denial.
Sec. 12-75. Grounds for suspension or revocation of permit.
Sec. 12-76. Right of entry.
Sec. 12-77. Inspection reports.
Sec. 12-78. Closure order.
Sec. 12-79. Hearings procedures.
Sec. 12-80 - 12-82. Reserved."
Section 10. That Chapter 12, Health and Sanitation, Article Ill. Public Swimming
Pools, Section 12-69. Plans Review — New and remodeled pools. is hereby renumbered,
renamed and amended to read as follows:
"Sec. 12-70. Plan review - New and remodeled pools.
(a) Prior to beginning the construction of a new public swimming pool or the extensive
remodeling of an existing public swimming pool, the owner shall submit plans and
specifications for such construction or remodeling to the Building Services
Department for review. The plans shall be submitted separately to health services for
review and compliance with these rules.
(b) The plans and specifications shall indicate the proposed layout arrangement,
mechanical plans, construction materials and the type and model number of
proposed fixed equipment and facilities.
(c) No work shall begin until the building department has reviewed the plans and advised
the owner that work may begin, and the owner or the owner's contractor has obtained
all required permits for such work from the building official or his designee. Work shall
commence and conclude within the time allowed by such permits. Deviations from
approved plans shall not be permitted."
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Section 11. That Chapter 12, Health and Sanitation, Article IV. Fees, Section 12-
83. Food and food services establishments. is hereby amended to read as follows:
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The fee schedule is adopted pursuant to the interlocal agreement with the Tarrant County
Public Health Department and city council. The fee schedule shall be available to the
public at the health services office."
Section 12. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or continues.
Section 13. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 14. If any section, subsection, sentence, clause or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 15. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates
undesirable conditions for the preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the 7th day of November, 2023.
William D. Tate
Mayor
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*rdinance No. 2023-077 5
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Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-077 11,