Sec. 17-2. - Violations of chapter.
Sec. 17-3. - Inspection of food; condemnation and destruction of unwholesome food.
Sec. 17-4. - Sale of unwholesome food.
Sec. 17-5. - Sale of condemned food.
Sec. 17-6. - Protection of food stored or offered for sale in street, open space, etc.
Sec. 17-7. - Protection of food being transported.
For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section, unless clearly indicated to the contrary:
Food. The word "food" shall be taken to include all articles used by human beings for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof.
Food establishment. The term "food establishment" shall be taken to mean any place in which articles of food or food products are manufactured, prepared, packed, stored and sold or distributed, and shall include hotels, inns, restaurants, lunch counters, delicatessens with seating for on-premise consumption, soda fountains, refreshment stands, confectioneries, push-carts, wagons and motor vehicles and mobile units and similar places.
Potentially hazardous food. The term "potentially hazardous food, " shall mean any food or food ingredient, natural or synthetic, in a form capable of supporting (1) the rapid and progressive growth of infectious or toxigenic microorganisms or (2) the slower growth of C. Botulinum. An internal temperature of forty-five (45) degrees Fahrenheit or below, or one hundred forty (140) degrees Fahrenheit or above, is required during storage, transportation, or display.
(Ord. No. 117, § 2; Code 1961, § 18-1; Ord. No. 4130-90; Ord. No. 5901-03, § 1)
Sec. 17-2. - Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor and be punishable as such.
Sec. 17-3. - Inspection of food; condemnation and destruction of unwholesome food.
The health officer and such officer's representatives and agents are authorized, at any time, to inspect all meats, vegetables, fruit and other food products offered for sale within the city, and all diseased, putrid or unwholesome food shall, after due investigation, be condemned and destroyed by them.
(Ord. No. 117, § 3; Code 1961, § 18-2)
Sec. 17-4. - Sale of unwholesome food.
It shall be unlawful for any person to sell or expose for sale any kind of diseased or unwholesome food within the city.
(Ord. No. 117, § 4; Code 1961, § 18-3)
Sec. 17-5. - Sale of condemned food.
It shall be unlawful for any person to sell, offer to sell or expose for sale any food that has been condemned by the health officer, or any similar officer of any governmental agency, whether it be the federal, state, city or county government, as being unfit or unsafe for human consumption.
(Ord. No. 117, § 5; Code 1961, § 18-4)
Sec. 17-6. - Protection of food stored or offered for sale in street, open space, etc.
(a)
No meat, dressed poultry, fish, confectionery, bread, pastry or cooked food of any kind, or berries, fruits, vegetables or other articles intended for human consumption without cooking or peeling, shall be kept or exposed for sale in or on any street or other public place, or in any lot or open space, or outside of any shop or store, or in any open window or doorway, without protecting the same from dust and flies by covering with suitable material or glass.
(b)
No article intended for human consumption shall be stored, exposed or displayed on the surface of any street or floor of any open market house, or placed in any doorway or in front of any place of business, or in any other place accessible to dogs or other animals, but shall be raised at least eighteen (18) inches above the street, sidewalk, platform or landing. Such articles, when in process of delivery in or out of such store or other place of business, shall not remain so exposed more than thirty (30) minutes, unless conforming to the requirements of this subsection.
(Ord. No. 117, §§ 7, 8; Code 1961, §§ 18-7, 18-8)
Cross reference— General provisions as to sale of food on streets, § 38-8.
Sec. 17-7. - Protection of food being transported.
(a)
No food shall be transported through the streets of the city, without being covered so as to be protected from dust and flies.
(b)
Bread, cakes, pies and other bakery products, unless wrapped or enclosed in baskets or other suitable containers, shall not be hauled through the streets in open wagons or motor vehicles, nor shall bread, cakes, pies and other bakery products be delivered from wagons or motor vehicles to dealers or consumers, unless wrapped or enclosed in baskets or other suitable containers.
(c)
All baskets, trays, boxes, cases or other receptacles used by bakers, confectioners, restaurants, hotels and other food establishments for conveying their products from place to place outside of their places of business, or through or on the streets, shall have covers and be so constructed as to protect their contents from flies, dust, dirt or contamination.
(Ord. No. 117, §§ 9, 10, 17; Code 1961, §§ 18-9, 18-10, 18-17)