(A) Purpose of section. This section, and the regulations herein established, are designed to regulate the location, the equipment and the mode of operation of rendering establishments or businesses within the city limits of the city, or within one mile from the city limits, for the purpose of protecting the residents of the city from health hazards arising from unsanitary conditions which may exist in conjunction with the operation of rendering establishments.
(B) Legislative authority. The provisions of this section are adopted in the exercise of the powers granted to this city by state law.
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Pleasanton, Texas.
COUNCIL. The City Council of the City of Pleasanton, Texas.
CURRENT LICENSE. One which is current, valid, unsuspended and unrevoked.
DIRECTOR OF PUBLIC HEALTH.
(a) Without further designation is the person who is performing the duties of the director of public health of the city.
(b) The term shall include his or her authorized representative when not inconsistent with the context.
(c) If and in the event the City Council of the city does not appoint a
DIRECTOR OF PUBLIC HEALTH or until such time as the City Council does appoint a director of public health and otherwise during a time as there is no properly appointed, qualified and acting DIRECTOR OF PUBLIC HEALTH, then, during all those times, the City Manager of the City of Pleasanton, Texas, shall assume and perform the duties of Director of Public Health.
INSPECTOR. An authorized representative of the Director of Public Health.
JURISDICTIONAL LIMITS OF THE CITY. Includes all of the area within the corporate limits of the city and all of the territory outside the corporate limits of the city which is within one mile of the corporate limits but exclusive of that part of the territory which lies within the corporate limits of another city, town or village.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PROCESSING. Any operation or combination of operations whereby dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, whether animal or vegetable, and similar animal matter is prepared for disposal at a rendering establishment, stored or is treated for commercial use or disposition.
PROCESSING AREA. Any area in which processing is conducted.
RENDERING BUSINESS. Includes the collection of rendering or boiling or refining or storing pending further processing or disposal at a rendering establishment of dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, whether animal or vegetable, and similar animal matter, or the transportation of that matter to, and disposal at, a rendering establishment, either as a separate business or in connection with any other established business.
RENDERING ESTABLISHMENT. Includes any establishment, plant or premises at or within which dead animals, dead fowl, fish, inedible offal, meat scraps, bones, suet, feathers, vegetable and similar animal matter, is rendered, boiled, processed or otherwise prepared, to obtain a product for commercial use or disposition other than as food for human consumption.
(D) Rules of construction. For the purpose of this section, the following rules are applicable.
(1) Words, phrases and terms defined herein shall be given the defined meaning except where the context indicates clearly a different meaning.
(2) Words, phrases and terms defined herein shall be given their usual and customary meaning except where the context indicates clearly a different meaning.
(3) The provisions of the section shall control captions, titles and similar parts.
(4) The word "shall" is mandatory and not permissive; the word "may" is permissive and not mandatory.
(5) Words used in the singular include the plural; words in the plural include the singular.
(6) Words used in the present tense include the future tense; words used in the future tense include the present tense.
(E) Authority of Director of Public Health to establish rules and regulations; to enter premises and make inspections.
(1) The Director of Public Health or his or her authorized representative is hereby empowered to promulgate and enforce reasonable rules and regulations as he or she shall deem necessary and proper to effectively protect the public health consistent with the provisions of this section.
(2) The Director of Public Health or his or her authorized representative is authorized to enter and inspect all rendering businesses at any reasonable hour or at any hour the business is in operation.
(F) Building permit; approval of plans. No permit or license for the use, construction, reconstruction or repair of any building or structure used or to be used as a part of a rendering business shall be issued by any department of the city until the plan therefor shall show adequate means for carrying out the provisions of this section and until the plan shall have been approved by the Director of Public Health and/or Building Inspector.
(G) Nuisance declared and disposal required. All dead animals, dead fowl, dead fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases and similar animal matter located within the jurisdictional limits of the city not properly kept under refrigeration or not disposed of as garbage are hereby declared a nuisance and menace to the public health, requiring the prompt collection and disposal thereof under the authority and direction of the Director of Public Health.
(H) Methods of disposal generally.
(1) All matter declared a nuisance in division (G) above, which is derived in whole or in part, directly or indirectly, from the carcass or carcasses of any cattle, horses, mules, asses, sheep, goats, hogs or other livestock, domestic animals or domestic fowl which at the time of death had any diseases or disease, shall be disposed of in a manner prescribed by state law.
(2) All matter declared a nuisance in division (G) above, not covered by division (H)(1) above, shall be turned over or delivered by the owner thereof:
(a) Directly to a rendering establishment having a current license as herein provided in this section;
(b) To collector of material for processing, as defined in this section, having a current license as herein provided in this section; or
(c) To a city sanitary landfill designated by the Director of Public Health. The person having the animals and fowl in his or her possession and desiring to avail himself or herself of this means of disposal shall contact the Department of Public Health for the location of the sanitary landfill, shall have the animals and fowl transported there at his or her expense, and shall supply sufficient personnel to unload and place same where designated.
(I) Licenses, application, fee and requirements for issuance.
(1) Every person who is operating or desires to operate a rendering business or any phase thereof, shall immediately make application in writing to the Director of Public Health, upon forms prescribed and furnished by the city, for all required permits to operate and do business within the jurisdictional limits of the city, and shall pay therefor an annual fee based upon the cost of inspecting the facilities of such rendering business or phase thereof to be computed as hereinafter prescribed. The annual fee shall include the cost of reinspecting the facilities as a result of failure to keep such facilities in such a manner as to meet the requirements of this section. No license shall be issued for any premises which is in violation of any city regulations.
(2) The fees shall be computed as follows:
(a) Collectors license: amount based upon the number of transport vehicles to be inspected, at $50 per vehicle per fiscal year;
(b) Rendering materials storage facility license: $500 per fiscal year when the facility is not an integral part of a rendering establishment; and
(c) Rendering establishment license: $1,000 per fiscal year.
(3) All fees hereinabove listed in division (I)(2) above, payable to the city, shall accompany the application for license. Annual fees prescribed herein shall, in instances in which application is made for a license for only a portion of a fiscal year, be prorated in whole months. The licenses shall, unless revoked or suspended, continue in force for a period of one fiscal year, beginning the first day of August of each year, and shall be nontransferable and shall be renewed annually upon application and payment of the annual fee, in accordance with the objectives, terms and conditions of this section.
(4) Following the receipt of an application for a license and proof that the required annual fee has been paid, the Director of Public Health will conduct the investigation as he or she deems necessary to determine whether the applicant's premises, personnel and equipment are proper and adequate for the services proposed or offered. Upon a determination by the Director of Public Health that the applicant has met the requirements of this section, he or she will issue the applicant the appropriate license. The collector's rendering materials storage facility and/or rendering establishment license will be displayed upon the wall of the main office located upon the premises for which the license is issued. Should the application for license be denied, three-quarters of the fee will be returned.
(J) Suspension and revocation of license.
(1) Upon the Director of Public Health or any inspector observing a violation of any of the provisions of this section or the rules and regulations of the director of public health promulgated under the provisions of division (E) hereof, he or she shall call the violation to the attention of the person in charge at the time and allow him or her a reasonable time to correct the violation. Upon the failure of the licensee or his or her employee to do so, the Director of Public Health or any inspector may suspend the licensee's license until the violation is corrected. If an inspector shall suspend any license, he or she shall notify the Director of Public Health as soon as he or she deems proper with or without reinspection.
(2) For failure to comply with the terms of this section, the Director of Public Health may revoke any license after a hearing before him at which the licensee shall be given an opportunity to be heard and to present evidence relevant to the charge.
(K) Use of streets without license prohibited. It shall be unlawful for any person not having a current collector's license issued pursuant to this section to use the streets, alleys or avenues of the city for the purpose of collecting, removing or transporting animal matter declared a nuisance in division (G) above.
(L) Operation of a rendering establishment without a license prohibited. It shall be unlawful for any owner, operator or person in charge at the time to operate a rendering establishment within the jurisdictional limits of the city without having a current rendering establishment license issued pursuant to this section. A separate license is required for each premises.
(M) Operation of a storage facility for materials to be rendered without a license prohibited. It shall be unlawful for any owner, operator or person in charge at the time to engage in the rendering business by maintaining, operating or causing to be operated any separate premises as a facility where animal matter declared to be a nuisance in division (G), is collected or stored pending further processing or disposal unless the aforesaid separate premises has a current rendering materials storage facility license issued pursuant to this section or is an integral part of a currently licensed rendering establishment. A separate license is required for each premises requiring a rendering materials storage facility license.
(N) Operation of transport vehicle without meeting certain requirements prohibited. It shall be unlawful for any person to operate or to cause another to operate a transport vehicle upon the roads, highways, streets, alleys or avenues within the jurisdictional limits of the city for the purpose of collecting, removing or transporting animal matter declared a nuisance in division (G) above, unless the transport vehicle is covered by a current collector's license and meets the requirements for the vehicles set forth in this section.
(O) Rendering business creating offenses or becoming nuisances. It shall be unlawful for any person within the jurisdictional limits of this city to operate a rendering business or any phase thereof unless the rendering business or phase thereof, shall at all times be so conducted as to create no offense or nuisance.
(P) Nuisances defined in connection with rendering businesses. Any, all or any combination of the following conditions or places within the jurisdictional limits of the city are hereby specifically declared to be a nuisance dangerous to public health punishable as such, and shall be abated:
(1) Any condition or place allowed to exist which permits any dangerous, unwholesome, nauseous or offensive odors, gases or fumes to escape into the air in such amounts as to be substantially offensive, discomfortable and annoying to any community, family or person of ordinary sensibilities, tastes and habits at a distance of more than 200 feet from the building, premises or processing area whence the odors, gases or fumes are emanated;
(2) Any condition or place allowed to exist which constitutes a breeding place for flies;
(3) Any condition or place allowed to exist where sewage, sewerage, human excreta, waste paper, garbage or any other manner is deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in the transmission of disease to or between any person or persons;
(4) Any condition or place allowed to exist, harboring rats;
(5) Any condition or place allowed to exist which may be proven to injuriously affect the public health; or
(6) Any collection of water in which mosquitoes are breeding.
Statutory reference:
Renderers' Licensing Act, see Tex. Health and Safety Code, §§ 144.001 et seq.
(1989 Code, Ch. 4, § 3) Penalty, see § 10.99