Ord 2318 3/20/1967 ORDINANCE NO. vW
AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE RULES AND
REGULATIONS AND STANDARDS FOR THE INSPECTION OF RENDERING
ESTABLISHMENTS AND ITS BY-PRODUCTS PROMULGATED BY THE
COMMISSIONER OF HEALTH OF THE STATE OF TEXAS AS APPROVED
BY THE STATE BOARD OF HEALTH OF THE STATE OF TEXAS, IN
WHICH RENDERING ESTABLISHMENTS, BY-PRODUCTS PREPARED OR
PROCESSED BY SUCH ESTABLISHMENT AND NAMING INSPECTION
SERVICES WHICH CONFORM TO REGULATIONS PROMULGATED BY THE
COMMISSIONER OF HEALTH; TO PROVIDE FOR PERMITS FOR RENDER-
ING ESTABLISHMENTS WITHIN THE CITY OF WICHITA FALLS, TEXAS,
OR ITS POLICE JURISDICTION; PROVIDING FEES FOR SUCH PERMITS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS:
Section 1. Adoption of Rules and Regulations of the
Commissioner of Health as approved by the
State Board of Health. The rules and regulations and stand-
ards for the inspection of Rendering Establishments promulgated
by the Commissioner of Health of the State of Texas, under author-
ity of Article 4418-d, Vernon' s Civil Statute, as approved by the
State Board of Health, State of Texas are hereby adopted. Any
Rendering Establishment desiring to prepare or process, within
the limits of the City of Wichita Falls, Texas, rendering products
shall be governed by the specifications and regulations promul-
gated by the Commissioner of Health as approved by the State
Board of Health.
Section 2. Definitions. For the purpose of this ordinance
the following terms, phrases, words, and their
derivations shall have the meaning given herein:
a. "City" , when capitalized, is the City of
Wichita Falls.
b. "Council" is the City Council of the City of
Wichita Falls.
c. "Director of Public Health" without further
designation is the person who is performing
the duties of the Director of Public Health
of the City of Wichita Falls (the City Health
Officer) . The term shall include his author-
ized representative when not inconsistent with
the context.
d. "Sanitarian" is an authorized representative
of the Director of Public Health.
e. "Jurisdictional limits of this City" includes all
of the area within the corporate limits of the
City of Wichita Falls and all of the territory
outside the corporate limits of the City which
is within one mile of said corporate limits but
exclusive of that part of said territory which
lies within the corporate limits of another city,
town or village.
i .
f. "Person" is any person, firm, partnership,
association, corporation, company or organiza-
tion of any kind.
g. "Processing" shall mean any operation or combi-
nation of operations whereby dead animals, dead
fowls, fish, inedible offal, meat scraps, bones,
suet, feathers, unrendered animal fat, waste
cooking greases, and similar animal matter is
prepared for disposal at a rendering establish-
ment, stored, or is treated for commercial use
or disposition other than as food for human
consumption.
h. "Processing area" is any area in which process-
ing is conducted.
i. "Rendering business" includes the rendering,
or boiling, or refining, or storing pending
further processing or disposal at a rendering
establishment of dead animals, dead fowls, fish,
inedible offal, meat scraps, bones, suet,
feathers unrendered animal fat, waste cooking
greases, and similar animal matter, either as
a separate business or in connection with any
other established business.
j . "Rendering establishment" includes any establish-
ment, plant, or premises at or within which dead
animals, dead fowls, fish, inedible offal, meat
scraps, bones, suet, feathers, unrendered 'animal
fat, waste cooking greases, and similar animal
matter is rendered, boiled, processed, or other-
wise prepared to obtain a product for commercial
use or disposition other than as food for human
consumption.
k. "Current" permit is one which is current, valid,
unsuspended and not revoked.
Section 3. Operation of a Rendering Establishment Without a
Permit Prohibited.
a. It shall be unlawful for any owner, operator, or
person in charge at the time to operate a render-
ing establishment within the jurisdictional limits
of the City without having a current Rendering
Establishment permit issued pursuant to this
Ordinance: A separate permit is required for
each premise.
Section 4. Permits - Application For, Fee and Requirements
For Issuance.
a. Every person who is operating or desires to
operate a rendering business shall immediately
make application in writing to the Director
of Public Health, upon forms prescribed and
furnished by such officer, for all required
permits to operate and do business within
the jurisdictional limits of the City, and
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shall pay therefore an annual permit fee. No
permit shall be issued for any premises which is
in violation of the City of Wichita Falls.
b. All Rendering Establishments shall be required
to secure a permit from the Director of Public
Health on January 1st of each year at the rate
of $50.00 per year or any part thereof.
Section 5. Permit - Suspension and Revocation Thereof.
a. Upon the Director of Public Health or any
Sanitarian observing a violation of any of the
provisions of this Ordinance or the rules and
regulations of the Commissioner of Health pro-
mulgated under the provisions of Section 1
hereof, he shall call the violation to the
attention of the person in charge at the time
and allow him a reasonable time to correct the
violation; upon the failure of the person in
charge to do so, the Director of Public Health
or any Sanitarian may suspend the permit until
the violation is corrected. If a Sanitarian
shall suspend any permit, he shall notify the
Director of Public Health that he has done so
and the reason therefore. The suspension of
the permit may be lifted by the Director of
Public Health as soon as he deems proper with
or without re-inspection.
b. For failure to comply with the terms of this
Ordinance, the Director of Public Health may
revoke any permit after a hearing before him
at which the person in charge shall be given
an opportunity to be heard and to present
evidence relevant to the charge.
Section 6. Authority to Enter and Inspect Rendering
Businesses. The Director of Public Health (City
Health Officer) or his authorized representative is authorized
to enter and inspect all rendering businesses at any reasonable
hour or at any hour the business is in operation.
Section 7. Building Permit: Approval of Plans.
No permit for the use, construction, reconstruc-
tion or repair of any building or structure used or to be used as
a part of a rendering business shall be issued by the Department
of the City until the plan therefore shall show adequate means
for carrying out the provisions of this Ordinance and until
said plan shall have been approved by the Director of Public
Health.
Section 8. Penalty for Violation of Ordinance Provisions.
Any person being the owner, operator or person
in charge at the time of the establishment or any phase of the
rendering business who shall violate any provisions of this
Ordinance shall be deemed to be guilty of a misdemeanor and
shall upon conviction be punished by a fine not exceeding two
hundred ($200.00) dollars. Every day on which a violation
exists shall constitute a separate offense.
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Section 9. Severability of Ordinance. If for any reason
any one or more sections, sentences, clauses
or parts of this Ordinance are held invalid, such judgement
shall not affect, impair or invalidate the remaining provisions
of this Ordinance but shall be confirmed in its operation to the
specific sections, sentences, clauses or parts of this Ordinance,
held invalid and the invalidity of any section, sentence, or
prejudice in any way the validity of this Ordinance in any other
instance.
Section 10. The provisions of this Ordinance shall be
included and incorporated in Code of Ordinances
of the City of Wichita Falls as an addition thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
PASSED AND APPROVED THIS I) day of f /9- 7 .
MAYOR
ATTEST:
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City Clerk
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