HomeMy WebLinkAboutOrdinance 478 N.C.S. 04/15/19570
ORDINANCE NO. 478 N. C. S.
Introduced by Councilman W. C.
BROWN
-Seconded by Councilman WALLACE
A. ADAMS
AN ORDINANCE TO AMEND ORDI-
NANCE NO. 176 N. C. S. ENTITLED,
"AN ORDINANCE TO REGULATE
PUBLIC EATING PLACES AND
FOOD HANDLING PLACES AND
REQUIRING P E R M I T S THERE-
FOR", BY AMENDING SECTION 6,
REPEALING SECTION 8, AND
ADDING SECTION 11.
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF PETALUMA,
AS FOLLOWS:
Section 1. That Section 6 of Ordi-
nance No. 176 N. C. S., be and the
same is hereby amended to read as
follows:
"Section 6. REVOCATION OF PER-
MITS.
(a) If it be determined by the =
Health Officer, following any inves-
tigation or inspection of any place
of business required by the provi-
sions of this ordinance to have a per-
mit that the operator, owner or -
-manager has not complied with the
provisions of this ordinance, and all ,
other applicable statutes, ordinances, _
rules and regulations, particularly
the health and sanitary .laws and
regulations, the Health Officer shall
immediately revoke the permit issued
to the operator, which grants per-
mission to operate.
(b) The Health Officer shall sus-
pend or revoke permits for violation
of the ordinance by notice in writing
delivered personally or by mail to
the operator or owner of a place of
business required to have a permit
hereunder whenever such action is
warranted for the protection of the
health and safety of the public.
(c) Upon receipt of a notice of sus-
pension or revocation, the owner or
operator shall close the place of busi-
ness required to have a permit until
such time as the order of suspension
is rescinded by the Health Officer,
or until the City Council, after the
hearing herein provided for, has
granted permission to resume opera-
tion.
(d) An operator or owner who has
had his permit revoked or suspended
may appeal to the City Council with-
in five (5) days after receipt of the
notice suspending or revoking the
permit. The appeal shall be made
by filing with the City Clerk a state-
ment in writing setting forth the
grounds of the appeal. The City
Clerk shall present the statement,
together with a copy of the notice
of suspension or revocation, to the
City Council at its next regular meet-
ing. The appealing party shall have
the right to be represented by coun-
sel and shall have the right to offer
evidence. The City Council, within
ten (10) days after the appeal has
been presented, shall affirm, modify
or overrule this revocation or sus-
pension."
Section 2. That Section 8 of Ordi-
nance No. 176 N. C. S., which pro-
vides for the annual expiration of
permits, be and the same is hereby
repealed.
Section 3. That Ordinance No. 176
N. C. S., be and the same is here-
by amended by adding Section 11
thereto, as follows:
"Section 11. 'PENALTY FOR VIO-
LATION. Any person violating any
provision of this ordinance shall be
deemed guilty of a misdemeanor and,
upon conviction thereof, shall be sub-
ject to a fine of not more than Five
Hundred Dollars ($500:00), or by im-
prisonment not exceeding six (6)
months, or by both such fine and
imprisonment."
Ordered published this 1st day of
April, 1957.
AYES: Councilmen Adams, Bige-
low, Brown, Crinella, and Mayor
Schoeningh.
NOES: Councilman King.
ABSENT: Councilman Gustafson.
VINCENT J. SCHOENINGH,
Mayor.
Attest:
GLADYS R. WALLIN,
City Clerk.
0
.�_�
I'hereby certify that the within ordinance was published once in the
Petaluma Argus- Courier, a daily paper of general circulation, published within
the City of Petaluma, to -wit: April 12, 1957, and that the said Petaluma Argus
Courier is the official newspaper of the City of Petaluma.
I hereby certify that the whole number of members of the Council of the
City of Petaluma is seven, and that the foregoing ordinance was passed by the
Council at its meeting of the 15th day of April, 1957, by the following vote,
to -wit:
AYES: Councilmen Adams, Brown, Crinella and Mayor Schoeningh.
NOES: Councilmen Gustafson & King.
ABSENT: Councilman Bigelow.
-Attest:
(SEAL), City Clerk.
The foregoing Ordinance Number'478 N. C. S., having been regularly
passed and presented to me this 15th day of April, 1957, is hereby approved
by me this 15th day of April, 1957. .
EFFECTIVE DATE May 15, 1957.
Mayor.
1