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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 -2- [' * " 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. -3- 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: /c)._• Cgee--)-,--Lit.a.--) City Clerk -4-