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(a) Misbranded, spoiled, diseased, or adulterated food intended for human consumption is hereby declared to be a public health nuisance.
(b) Potentially hazardous food which is stored, displayed, prepared or served in a food establishment at a temperature that is not in compliance with this article is hereby declared to be a public health nuisance.
(c) A food establishment that is not maintained in a sanitary condition is hereby declared to be a public health nuisance.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 21274-06-2014, § 2, passed 6-3-2014, eff. 6-11-2014)
(a) The director may give notice to the owner of the property upon which a nuisance under this article is located, to cease, abate, remove or otherwise remedy such nuisance immediately. If the person creating, maintaining or allowing the nuisance is not the owner of the property, notice shall also be given to such person.
(b) The notice must be given:
(1) Personally to the owner/person in writing; or
(2) By letter addressed to the owner/person at the owner’s/person’s post office address and sent certified mail, return receipt requested. However, if personal or certified mail service cannot be obtained or the owner’s/person’s post office address is unknown, notice may be given:
a. By publication in the official newspaper of the city at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(c) If the property owner/person does not comply with the notice within ten days of service, the director may enter the property containing the nuisance and do any work necessary to abate the nuisance, except the demolition of buildings.
(d) If the immediate abatement of the nuisance is deemed necessary by the director to protect the public health, safety or welfare from an imminent and substantial endangerment, the director may, without complying with the notice provisions of this section or without waiting the ten-day period, enter the property containing the nuisance and do or cause to be done any work the director deems necessary to abate the nuisance.
(e) After abating the nuisance, the director may inform the owner/person in a notice sent certified mail, return receipt requested, that if the owner/person commits another violation of the same kind or nature that poses a danger to the public health, safety or welfare on or before the first anniversary date of the original notice, the city may without further notice correct the violation at the owner’s expense and assess the expense against the property.
(f) All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall be initially paid by the city and charged to the owner of the property.
(g) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien shall be security for the costs incurred and interest accruing at the rate of 10% on the amount due from the date of payment by the city.
(h) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(Ord. 12553, § 1, passed 6-18-1996)
(a) Criminal remedies.
(1) An offense as defined under this article is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense.
(2) If an offense defined under this article does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility.
(b) Civil remedies.
(1) The city may invoke Tex. Local Government Code §§ 54.012 through 54.017 and petition the state district court or the applicable county court at law, through the city attorney, for either injunctive relief, civil penalties or both injunctive relief and civil penalties, whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to:
a. The preservation of public health; or
b. Conditions caused by accumulations of refuse, vegetation or other matter that creates breeding and living places for insects and rodents.
(2) Pursuant to Tex. Local Government Code § 54.016, the city may obtain against the owner or the operator of a facility, a temporary or permanent injunction, as appropriate, that:
a. Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsection (b)(1) above; or
b. Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsection (b)(1) above.
(3) Pursuant to Tex. Local Government Code § 54.017, the city may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this chapter that relates to any matter specified in subsection (b)(1) above if the city proves that:
a. The defendant was actually notified of the provisions of the article; and
b. After the defendant received notice of the article provisions, the defendant committed acts in violation of the article or failed to take action necessary for compliance with the article.
(Ord. 12553, § 1, passed 6-18-1996; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
All pushcarts operating within the corporate city limits of the City of Fort Worth shall comply with the applicable requirements of this division. The regulatory health agency may impose additional requirements to protect against health hazards related to the pushcart operation, may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result, may waive or modify requirements of this division relating to physical facilities or operations. Nonfood items shall not be sold from pushcarts selling food.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) The owner or operator of any pushcart vending food within the corporate city limits of the City of Fort Worth shall obtain a valid food establishment permit, except that pushcarts from which only whole, raw, uncut produce or individually packaged, nonpotentially hazardous foods are vended is not a food establishment and does not require a food establishment permit, however, the owner or operator must comply with the other applicable provisions of this article.
(b) All food establishment pushcarts and their commissaries shall be inspected by the regulatory health agency prior to the issuance of a permit.
(c) Acceptance of a pushcart permit is an express acknowledgment and consent to the terms and restrictions of the permit.
(d) To fulfill the important public purpose of ensuring that nutritious foods are available to all people in the city, if a food establishment permit is otherwise required for a fruit and vegetable pushcart (such as one offering cut produce) a reduced fee of 50% off the regular food establishment permit fee in accordance with the city fee schedule shall be charged if at least 75% of the inventory of the cart consists of fruits and vegetables, with the remainder consisting of nonpotentially hazardous packaged foods.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
All pushcarts shall comply with the following requirements:
(a) Configuration.
(1) Pushcarts shall be constructed of a smooth and cleanable material and be constructed in a manner in which cleaning can be easily accomplished. A cleanable canopy shall extend over the pushcart and cover the top surface of the pushcart if unpackaged foods are offered.
(2) Separate space shall be set aside from areas where food is served or prepared, for nonfood related items which are displayed on pushcarts.
(3) A pushcart body shall not exceed four feet in height, three feet in width, or six feet in length.
(b) Operation.
(1) All food and condiments shall be dispensed in a sanitary manner.
(2) Each compartment or area used for storage, display or service of potentially hazardous food shall be maintained at proper temperatures for the food item stored therein. Hot foods shall be kept at 135°F or above; cold foods shall be kept at 41°F or below and frozen foods shall be kept frozen. Unbreakable thermometers shall be located conspicuously in each of the above applicable areas. Canned or bottled beverages where no ice is provided to the purchaser, commercially packaged nonpotentially hazardous single portion snack items, and commercially wrapped candy are exempt from this requirement.
(3) Food shall be stored, displayed and served in a fly- and rodent-proof manner. Unpackaged foods shall be protected by a properly installed sneeze guard shield.
(4) Bulk food items shall be properly labeled and dispensed through sanitary devices or utensils.
(5) Pushcart operators and their staff shall not cook on or adjacent to a pushcart unless such activity is in conjunction with another facility permitted and inspected by the regulatory health agency.
(c) Sink requirements.
(1) A pushcart that sells only packaged food that does not require the use of utensils and carts selling only whole, raw fruit or produce, will not be required to have a ware wash sink or a hand washing sink.
(2) A pushcart that sells open foods that do not require the use of utensils, such as a cart that sells roasted corn, will not be required to have a ware wash sink but will be required to have a hand washing sink.
(3) A pushcart that sells open foods that require utensils such as a hot dog cart, will be required to have a ware washing sink and a hand washing sink.
(4) Scooped ice cream sellers shall have a running water dipper well.
(5) A pushcart shall have a supply of paper towels, soap and detergent which shall be conveniently accessible if sinks are provided.
(6) Each pushcart having sinks shall have an adequate amount of hot and cold water under pressure to operate all sinks.
(7) Each pushcart having sinks shall also have adequate drain board space.
(d) Fire safety.
(1) Each pushcart employing butane or propane tanks shall comply with any and all applicable fire department regulations. Ground fault interrupters may be required by the fire department as a safety feature to prevent electrical shock. Each pushcart shall be equipped with an approved fire extinguisher with a 2A 10BC rating.
(2) Pushcarts using flammable substances, including, but not limited to, liquefied petroleum gas shall not be permitted inside of buildings.
(e) Trash container. All pushcarts shall have a trash container, such as a trash bag or bin, available to customers for the disposal of food wrappers and other waste. The trash container may be attached to the pushcart or standalone within ten feet of the pushcart.
(f) Generally.
(1) A determination of applicability or a variance with regard to the provisions of this division, and which does not unduly impact public health, may be granted by the director upon request.
(2) In addition to these requirements, a person owning or operating a pushcart shall comply with any applicable provisions of the Texas Food Establishment Rules.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
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