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The Directors of Public Health and Capital Projects are authorized to adopt rules and regulations as may be necessary for the proper interpretation and enforcement of this chapter. Such rules and regulations shall be published in the City Record for two (2) consecutive weeks and shall be effective after fifteen (15) days from the second publication thereof. Such rules and regulations shall have the force and effect of this chapter and continue in effect until revoked by the respective Director or by resolution of Council.
(Ord. No. 1657-11. Passed 11-28-11, eff. 11-28-11)
The Director of Public Health, and authorized employees who are registered sanitarians or sanitarians- in-training, are charged with the enforcement of this chapter. Any such person shall have the right to enter and inspect any place where the business of food is engaged in. No person shall refuse or hinder inspection, or fail to answer all reasonable questions relative to handling food or fail to furnish, upon request, any records deemed necessary for the enforcement of this chapter. If the Director of Public Health and/or authorized employees find, or have cause to believe, that within a retail food establishment or food service operation in their jurisdiction food is adulterated, or so misbranded as to be dangerous or fraudulent, said food may be embargoed in accordance with OAC 901: 3-4-15, 3701-21-27 and may be taken for examination, free of charge. Whenever the Director of Public Health and/or authorized employees find in any food shop, any meat, seafood, poultry, vegetable, fruit, or other perishable foods that are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the foods are declared to be a nuisance, and shall forthwith be condemned or destroyed, or in any other manner rendering the items unsalable as human food. The Director of Capital Projects shall have concurrent authority to enforce the provisions of this chapter not specifically delegated to the Director of Public Health.
(Ord. No. 507-15. Passed 7-22-15, eff. 7-27-15)
(a) As used in this chapter:
(1) "Food shop" applies to "retail food establishment" and "food service operation", as those terms are defined in RC Chapter 3717.
(2) "Mobile food shop" means a "mobile retail food establishment" or "mobile food service operation", as those terms are defined in RC Chapter 3717.
(3) "Vendor" means a mobile food shop or a person operating a mobile food shop.
(4) "Food item" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. Food includes ice, water or any other beverage, food ingredients, and chewing gum.
(5) "Street" means street, alley, highway, roadway, or avenue.
(6) "Vending device" means a container for the sale, display or transport of food items by a vendor.
(7) "Mobile food shop manager" means the individual or individuals with primary responsibility and authority for operating a mobile food shop.
(8) "Trailer" means an unpowered flatbed vehicle towed by another.
(9) "Central Business District" means the area defined inSection 325.12.
(10) "Community event" or "special event" means a community based organization event specifically granted use of streets and sidewalks within a specifically defined area for a period of time not exceeding ten (10) days.
(11) "Sidewalk" means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line.
(12) "Street" means street, alley, highway, roadway, or avenue.
(13) "Unobstructed walk" means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(14) "Operator" means a vendor.
(15) "Commercial Activity" is defined as any activity which is conducted as part of the commercial establishment.
(16) "Public Health Information Sign" means the placard (white, yellow, or red) that is issued by Cleveland Department of Public Health to the license holder following a standard health or safety inspection which shall designate whether the license facility is inspected and in compliance, or in the enforcement process.
(b) The definitions contained in RC Chapters 3715 and 3717 pertaining to the administration and enforcement of food safety programs are adopted and incorporated by the City of Cleveland as if set forth herein.
(Ord. No. 1233-15. Passed 11-9-15, eff. 11-11-15)
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