CHAPTER 5
HEALTH NUISANCES

SECTION:

4-5-1: Food And Food Establishments

4-5-2: Garbage And Refuse

4-5-3: Abatement Procedures

4-5-4: Failure To Abate; Penalty

4-5-1: FOOD AND FOOD ESTABLISHMENTS:

Any of the following conditions existing where food is stored for resale or offered for sale shall constitute health nuisances:

   A.   Unsanitary Conditions: Storing for resale or offering for sale food in a place where unsanitary conditions exist or where rats, mice, flies or other vermin are present;

   B.   Utensils, Containers Unsanitary: Using utensils or containers in storing or handling food intended or offered for sale which are not kept in a sanitary condition;

   C.   Unclean Persons: Allowing any person to handle food intended or offered for resale who is unclean, has unclean clothing or who has a communicable disease; or

   D.   Unfit Food: Possessing food intended or offered for resale which is unwholesome, decayed, rotten, decomposed, diseased or otherwise unfit for human consumption. (1983 Code § 5-201)

4-5-2: GARBAGE AND REFUSE:

   A.   Definitions: For the purpose of this Section, the following terms are defined as follows:

   GARBAGE: Shall be interpreted to mean all putrescible wastes, except sewage and body wastes, but including vegetable and animal offal and carcasses of dead animals, and shall include food waste from homes, kitchens, apartments, hotels, restaurants, stores, markets and similar establishments.

   REFUSE: Shall be interpreted to mean and include ashes, cinders, waste paper, cardboard, cloth materials, tin cans, crockery, limbs, trees, grass, leaves, stones, bricks or scrap metal and other materials easily handled or a combination of any two (2) or more of the foregoing types of materials. (1983 Code § 5-203)

   B.   Conditions Constituting Nuisance: Any of the following conditions shall constitute health nuisances:

      1.   Collecting or accumulating any garbage on private premises in this City unless the same is placed in containers which have tight-fitting lids, or collecting or accumulating fermenting, putrefying or odoriferous garbage placed in any containers and permitted to remain therein to the annoyance of any person or neighborhood.

      2.   Collecting or accumulating on private premises, any refuse which creates an unsanitary condition or which is or may be a harbor for rats, mice and other vermin, or which shall constitute a condition of filth that may be or become a menace to the public health or an annoyance to any person or neighborhood. (1983 Code § 5-202)