Ord. 0681-1 2012-07-23 - Supp 5 ORDINANCE NO. 681-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 11, ARTICLE IV,
FOOD WORKER REGISTRATION, OF THE CITY OF PEARLAND
CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 11, Article IV, FOOD WORKER
REGISTRATION, of the City of Pearland Code of Ordinances, is hereby
amended, to read as follows:
"ARTICLE IV. FOOD HANDLER REGISTRATION
Sec. 11-101. Food Handler's —Employers not to hire until certain requirements
met.
It shall hereafter be unlawful for any person, firm, corporation, or association, managing
or conducting any food establishment where food or drink of any kind is manufactured,
transferred, prepared, stored, packed, served, sold or otherwise handled, to begin work
or allow any food handler to begin work until such food handler has fully complied with
this chapter.
Sec. 11-102. Employees to obtain food handler's registration card.
It shall hereafter be unlawful for any food handler to work for any person, firm,
corporation or association as a food handler in the City of Pearland without having in
I his/her possession a valid food handler's registration card_that has been issued or
accepted by the Texas Department of State Health Services.
Sec. 11-103. Employees suspected of being diseased.
(1) If the holder of a food dealer's permit or any of his/her employees suspects
that any food handler has contracted any disease in communicable form or
has become a carrier of such disease, he/she shall notify the health officer
immediately.
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ORDINANCE NO. 681-1
(2) When the health officer has reason to believe that there exists a possibility
of transmission of infection from a food establishment worker, he is
authorized to require any or all of the following protective measures:
(a) The immediate exclusion of the employee from all food
establishments.
(b) The immediate closing of the food establishment concerned until
no further danger of disease outbreak exists.
(c) Adequate medical examinations of the employee and his/her
associates, with such laboratory examinations as may be
indicated.
Sec. 11-104. Fraudulent use.
It shall be unlawful for any person to fraudulently make use of, in any manner for his/her
own or another's benefit or advantage, a food handler's registration card which has not
been duly issued to him/her following the completion of a basic food handler's class
accepted by the Texas Department of State Health Services."
Section 2. Penalty. 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 any sum not more than Two Hundred Dollars ($200).
Section 3. Savings. All rights and remedies which have accrued in favor
of the City under this Chapter and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove. Section 6.
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ORDINANCE NO. 681-1
Publication and Effective Date. The City Secretary shall cause this ordinance,
or its caption and penalty, to be published in the official newspaper of the City of
Pearland, upon passage of such ordinance. The ordinance shall then become
effective ten (10) days from and after its publication, or the publication of its
caption and penalty, in the official City newspaper.
Section 7. Declaration of Emergency. The Council finds and
determines that the need to regulate the proliferation of junked vehicles inures to
the benefit of the public and, therefore, bears directly upon the health, safety and
welfare of the citizenry; and that this ordinance shall be adopted as an
emergency measure, and that the rule requiring this ordinance to be read on two
(2) separate occasions be, and the same is hereby waived.
PASSED and APPROVED ON FIRST READING this the 23rd day of July, A.D.,
2012.
(-----1171 2s.c.cc
TOM REID
MAYOR
ATTEST:
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SE RETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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ORDINANCE NO. 681-1
PASSED and APPROVED ON SECOND AND FINAL READING this the 13th
day of August, A. D., 2012.
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TOM REID
MAYOR
ATTEST: / ... ,
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IL/,. / J/■Z , 1,(?/ V T#NG RECORD SECOND AND FINAL READING
Y'i NG L! `r, ; -
S ,g'ETA-,' _ ai r 132012�� s
,;'Vgting
"Aye"- Councilmembers,Owens,Sherman,
afierrouse,Ordeneaux and Hill.
,t<liNN'i"�
Voting"No"-None.
APPROVED AS TO FORM Motion passes 5 to 0,
PUBLICATION DATE: August 15,2012.
2r,„ eef-- --- EFFECTIVE DATE: August 25,2012
DARRIN M. COKER PUBLISHED AS REQUIRED BY SECTION 3.10
CITY ATTORNEY OF THE CHARTER OF THE CITY OF
PEARLAND,TEXAS
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