City of Warren, PA
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Warren 2-20-2017 by Ord. No. 1890.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 60, Health, Board of, adopted 12-16-2013 by Ord. No. 1841.
A Board of Health is hereby established as follows:
A. 
Creation and membership. A Board of Health is hereby created, consisting of five members, all of whom shall be residents of the City. This residency requirement is waived in the case of physicians who have their main office in the City. At least two members shall be licensed or certified as defined in Section 2302 of the Third Class City Code.[1] If Council cannot identify two such members who are willing to serve, one member shall be a licensed or certified health care professional. If no licensed or certified health care professional can be identified to serve on the Board, Council may, in lieu thereof, appoint any individual who has experience and is knowledgeable in public health issues.
[1]
Editor's Note: See 11 Pa.C.S.A. § 12302.
B. 
Appointments. Council shall appoint the members of the Board of Health and designate for one appointee a term of one year, for another a term of two years, and so on up to five years, and thereafter, one member of the Board shall be appointed annually to serve for a term of five years. Each member of the Board of Health shall take the oath of office as prescribed in Section 904 of the Third Class City Code.[2]
[2]
Editor's Note: See 11 Pa.C.S.A. § 10904.
C. 
Powers and duties of Board of Health. It shall be the duty of the Board of Health of the City of Warren to enforce the laws of the Commonwealth of Pennsylvania, the Rules and Regulations promulgated by the Pennsylvania Departments of Health and Agriculture, and the ordinances of the City of Warren, all as may be amended from time to time, enacted for the protection of public health, retail food facility safety, and food safety and sanitation. It shall have and exercise all the rights and obligations vested and conferred by, and shall perform all of the duties imposed upon, like Boards of Health in cities of the Third Class of the Commonwealth of Pennsylvania by all acts of Assembly which may now be in force or hereafter passed in reference to the same.
D. 
Organization. The Board of Health of the City of Warren shall organize annually and annually elect a president from among its members. The Board of Health shall meet at such regular times as it designates and at such places where the general public has unhampered access to such meetings. The Board of Health shall have the power to adopt rules and bylaws to govern its meetings and organization. The Board of Health shall keep regular minutes of its meetings, and such business shall be recorded by the appointed Secretary.
E. 
Secretary. The City of Warren shall appoint an individual as Recording Secretary, who shall keep the minutes of meetings and perform such other duties as the Board of Health of the City of Warren may direct. The City Clerk or Assistant City Clerk, may serve in this capacity. The Secretary shall take the aforesaid oath.
F. 
Health Officer.
(1) 
The City Council shall annually, by resolution, appoint a health officer(s), who shall be certified and recognized by the Commonwealth of Pennsylvania Departments of Agriculture and Health or any commonwealth agency which may hereafter be designated for the regulation of retail food facilities and other duties as defined by the Third-Class City Code. The City Council may appoint more than one Health Officer. The Health Officer(s) shall take the aforesaid oath.
(2) 
The appointment shall be for a term commencing on January 1 and ending December 31 of each year. Any midterm appointment occurring a) on, or before, June 30 shall be for the remainder of the calendar year or b) on, or after, July 1 shall be effective until December 31 of the following calendar year.
G. 
Deputy Health Officer.
(1) 
The Health Officer may designate a deputy health officer(s) to assist in the fulfillment of the duties of the Health Officer. Any deputy must meet all applicable requirements and hold all required certifications of the Departments of Agriculture and Health or any commonwealth agency which may hereafter be designated for the regulation of retail food facilities. The Deputy Health Officer(s) shall take the aforesaid oath.
(2) 
The appointment shall be for a term concurrent with that of the appointing Health Officer.
H. 
Powers and duties of Health Officer.
(1) 
The Health Officer shall have and exercise all the powers and authority vested and conferred by the Third Class City Code and any applicable Pennsylvania statutes and any and all rules and regulations issued by any department of the Commonwealth of Pennsylvania and all ordinances of the City enacted to prevent the introduction and spread of infectious disease; to abate and remove all nuisances which the Board shall deem prejudicial to the public health; recommend such regulations as shall be deemed necessary for the preservation of the public health; and all powers and authority vested and conferred by the Food Protection Act, Title 3, Chapter 57,[3] of the Consolidated Statutes of the Commonwealth of Pennsylvania, and any and all rules and regulations related to the preparation, handling, and sale of food or drink for public consumption.
[3]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
(2) 
The Health Officer(s) shall attend all regular or special meetings of the Board of Health.
(3) 
The Health Officer shall follow the City of Warren procedures for issuance of retail food facility licenses as established by City resolution.
(4) 
The Health Officer shall notify the City of the designation of any Deputy Health Officer.
(5) 
It shall be the responsibility of the Health Officer to maintain all required certifications and to ensure that all Health Officer Deputies are properly certified.
(6) 
It shall be the responsibility of the Health Officer to remain current with respect to updates in applicable law and regulations and to ensure that Health Officer Deputies are current in such respect.
A. 
In accordance with Section 5703(b)(1) of the Food Protection Act [3 Pa.C.S.A. § 5703(b)(1)], in the City of Warren, the following retail food facilities are exempt from the license requirements of the Act:
(1) 
A food bank owned by a charitable nonprofit entity and operated for charitable or religious purposes.
(2) 
A retail food facility that is owned by a charitable nonprofit entity and that is one or more of the following:
(a) 
Managed by an organization which is established to promote and encourage participation or support for extracurricular recreational activities for youth of primary and secondary public, private, and parochial school systems on a not-for-profit basis. This subsection does not apply to organized camps.
(b) 
Offers only foods that are non-potentially hazardous foods or beverages.
(3) 
School cafeterias.
(4) 
A retail food facility in which food or beverages are sold only through a vending machine.
(5) 
A retail food facility which is owned by a church, association of churches or other religious order, body or institution which:
(a) 
Qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1982 (Public Law 99-51, 26 U.S.C. § 501).
(b) 
Is not subject to unrelated business income taxation under Section 511, 512, or 513 of the Internal Revenue Code of 1986 for activities undertaken under the Act.
B. 
A retail food facility that is exempted from the license requirements shall remain subject to inspection and all other provisions of the Act.
In order to obtain a license, a retail food facility shall submit an application to the City of Warren and remit the licensing fee. Upon notice by the Health Officer/Deputy of a favorable inspection, the City shall issue the retail food facility license. Each license shall be valid for a period of one year from the date of issuance and shall be the property of the City of Warren. Each retail food facility that is issued a license by the City of Warren shall post said license on the premises in a conspicuous place so as to be seen by the public and the Health Officer.
A licensing fee shall be established by resolution of City Council and may be amended from time to time by resolution of City Council.
Any license issued under this chapter may be revoked or any application for issuance of a license may be refused (denied) by the Health Officer, who shall have the power to close any retail food facility within the City of Warren at any time until such time as the Health Officer finds and determines compliance with the Food Protection Act, Title 3, Chapter 576,[1] of the Consolidated Statutes of the Commonwealth of Pennsylvania and any and all rules and regulations issued by any agency or department of the Commonwealth of Pennsylvania and the City of Warren related to the preparation, handling, and sale of food or drink for public consumption. If a license is revoked, the holder shall surrender the license to the Health Officer immediately upon revocation.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
A. 
In addition to any penalties authorized by law, any person violating a provision of this chapter, or any person who prevents the Health Officer from entering into or inspecting any premises in the exercise of the Health Officer's powers and duties conferred by this chapter and any and all rules and regulations of any agency or department of the Commonwealth of Pennsylvania, and any person aiding, abetting or assisting in the violation of a provision of this chapter commits a summary offense for the first or second offense and shall, upon conviction thereof before a Magisterial District Justice, be subject to a fine of not less than $100, but not more than $300, and the costs of the prosecution. Any person who prevents the Health Officer from entering into or inspecting any premises in the exercise of the Health Officer's powers and duties conferred by this chapter and any and all rules and regulations of any agency or department of the Commonwealth of Pennsylvania and any person aiding, abetting, or assisting in the violation of a provision of this chapter commits a misdemeanor of the third degree if the violation is a third or subsequent offense, and if the violation occurs within two years of the date of the last previous offense, and shall, upon conviction, be subject to imprisonment or a fine of up to $10,000, or both, and the costs of the prosecution.
B. 
A person continuing a violation of a provision of this chapter after written notice of said violation by the City of Warren, or after service of a summons, shall be guilty of, and may be prosecuted for, a separate violation for each day the violation is continued.
If any section, subsection, sentence or clause of this chapter is held for any reason to be invalid, the validity of the remaining portions of this chapter shall not be affected.