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ORDINANCE NO.
896
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH ADDING CHAPTER 7, ENTITLED: RESTAURANTS
TO DIVISION 5 OF THE UKIAH CITY CODE, REQUIR-
ING RESTAURANTS TO PROVIDE RESTROOM FACILITIES
TO PATRONS.
The City Council of the City of Ukiah hereby ordains as fol-
lows.
SECTION ONE.
A new Chapter 7, commencing with Section 4480, is hereby
added to the Ukiah City Code as follows:
Section 4480 - Purpose and Authority:
The ordinance codified in this chapter is enacted pur-
suant to Section 27503 of the Health and Safety Code of the
State of California for the purpose of protecting the public
health, and regulating certain kinds of business transacted
and carried on in the City of Ukiah.
Section 4481 - Definitions:
For the purpose of this Chapter, the following defini-
tions apply:
(A) "Restaurant" means any food establishment
issued a permit to operate as a restaurant by the
Health Department of the City of Ukiah or an agency
designated as such by the City Council.
(B) "Temporary food facility" means a stand, booth,
or other structure capable of being assembled in a
few hours or less and established to provide food
on a temporary basis for a special event or occa-
sion with the prior approval of the City.
(C) "Mobile food preparation unit" means a portable
device set up for a special event or occasion with
the prior approval of the City in which food can be
washed, prepared, cooked or served.
(D) "Food vehicle" means a truck, car, cart on
wheels or other vehicle modified to dispense food
and operated with the prior approval of the City.
(E) "Food preparation area" means any room, space
or portion of a restaurant in which food is stored,
prepared for ultimate consumption by patrons,
cooked or treated.
Section 4482 - Hand Washing and Toilet Facilities:
Ail restaurants that provide sit down eating on
premises or food service to vehicles parked on premises and
which do not come within the definition of a temporary food
facility, mobile food preparation unit or food vehicle shall
install and make available at least one hand washing and
toilet facility for patrons. Access to such facility shall
be separate and apart from food preparation areas.
Section 4483 - Enforcement:
No restaurant shall be issued the certificate required
by Section 2600-2602 of this Code unless it complies with
the provisions of this Chapter. Any restaurant that does
not comply with the provisions of this Chapter is hereby
declared a public nuisance and a civil action may be brought
to temporarily or permanently enjoin the violation of this
Chapter. The City shall be entitled to recover from the
defendant it attorneys' fees, expert witness fees and other
litigation expenses if it prevails in any civil action to
enforce the provisions of this Chapter.
401
Section 4484 - Penalty:
Failure to comply with the provisions of this Chapter
shall be a misdemeanor, punishable by a fine of not more
than One Thousand Dollars ($1,000) or by imprisonment in the
County Jail for not more that six (6) months, or both such
fine and imprisonment.
Section 4485 - Application of Chapter:
(a) The requirements of this Chapter shall not apply
to any restaurant already constructed or for which
a building permit has been issued before the effec-
tive date of this chapter.
(b) This Chapter shall apply to any restaurant
other than those specified in subsection (a) that
was not in existence prior to the effective date of
this ordinance and to any existing restaurant for
which a building permit is issued after the effec-
tive date of this ordinance, if the value of the
permit is equal to or greater than 50% of the value
of the existing improvements.
SECTION 5~40.
This Ordinance shall become effective thirty (30) days after
its adoption and shall be published as required by law.
Introduced by title only on December 6
the following roll call vote:
, 1989, by
AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson
NOES: None
ABSENT: Councilmember Wattenburger
Adopted on December 20:
call vote:
, 1989 by the following roll
AYES:
NOES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor
Henderson
None
ABSENT: None