HomeMy WebLinkAboutORD-08-80 RELATING TO THE REGULATION OF MOBILE FOOD PREPERATION VEHICLESp..-II....,...~.,......'...'.....'.....',.,..,....','.
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GE CITY ,NEWS: Please publish ,Wednesday, FE!bruary 2. n, 19.80 only and ""nd. PRO{)F and
PROOF 01' PUBLICATION to City Clerk, P.O. Box 449, Orangt', Cal1fornla 92666.c. . _'_________________________________
MARILYN
J. JENSEN, CITY CU:RK 1,'".'......'.......'..
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ORDINANCENO.
8-80
AN
ORDINANCE
OF
THE
CITY
COUNCIL
OF
THE
CITY OF ORANGE
AMENDING SECTIONS 6380 (d), 6380.1 (b)AND (c),
REPEALING SECTIONS 6380 (i), (j), (k)AND (1), AND
ADDING SECTIONS 6380 (i), (j), (k),1), (m)
AND (n), 6380.1 (f), 6380.12 AND 6380.
13 OF THE ORANGE MUNICIPAL CODE, RELATING TO THE REGULATION OF MOBILE
FOOD PREPARATION VEHICLES.WHEREAS, the City Council of
the City of Orange desires to
prescribe the basic regulations of the operation of mobile food preparation
vehicles in the City of Orange; and WHEREAS, the safety
standards are necessitated by the occurrence of several
accidents over the past two years which resulted in
serious burn injuries, one fatal, to vehicle workers; and WHEREAS, the
City Council of the City of Orange desires to
adopt to the extent feasible the new County Model Mobile Food
Preparation Vehicle Ordinance in order to eliminate or minimize duplicating regulations
and to assure proper regulation of these activities in
Orange County.k)MOBILE FOOD PREPARATION VEHICLE shall mean
any vehicle or portable
food
service unit upon which food is cooked,wrapped,
packaged, processed, or portioned for service,sale or distribution.RESTAURANT
shall be as defined in Section 28522
of the California
Health and Safety Code.RETAIL FOOD PRODUCTION and MARKETING ESTABLISHMENT
shall be as defined in
Section 28802 of the California Health
and Safety Code.NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:SECTION I:Section 6380 (d) of the Orange
Municipal Code is
hereby amended
to read as follows:d) HEALTH DEPARTMENT or DEPARTMENT shall
mean the Public Heal th
and Medical Services of the Orange County Human Services
Agency.SECTION II:Sections 6380 (i), (j), (k), and (1)
of the
Orange Municipal
Code are hereby repealed.SECTION II I:Sections 6380 (i), (j), (
k), (1), (m), and (
n) are hereby
added to the Orange Municipal Code to read as follows:Section
6380 i)j)
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1) VEHICLE shall be as defined in Section 28524 of the
California Health and Safety Code.
m) VENDING MACHINE shall be as defined in Section 28525 of
the California Health and Safety Code.
n) VENDING MACHINE BUSINESS shall mean the business of
selling food or beverages by means of vending machines,
regardless of the number of locations at which the
vending machines are located.
c) Every applicant for a food vending permit shall file
with the Health Department a written application which
shall state the name and address of the applicant, the
character and location of the activity for which a
permit is required under this chapter and such other
information as the Health Department may require.
Applicants for a permit to operate a mobile food
preparation vehicle shall, in addition, provide a list
of three service stops which shall include the address
or exact location and time of each stop. A revised
list shall be submitted whenever changes occur.
SECTION IV:
Section 6380.1 (b) and (c) of the Orange Municipal Code are
hereby amended to read as follows:
Section 6380.1
I
I
b) The food handling establishments to which this ordinance
applies shall include, but not be limited to, any
restaurant, itinerant restaurant, mobile food preparation
vehicle, vehicle, food vessel, bakery, food processing
establishment, vending machine business, ice plant,
self-contained ice plant or ice distributor located
in the City of Orange. Retail food production and
marketing establishments shall not be subject to the
provisions of this
article.Section 6380.1 (f) is hereby added to the Orange
Municipal Code to read as
follows:Section 6380.
1 f) Any permit previously issued to a mobile food
preparation vehicle shall be suspended beginning ninety days
after the effective date of this subsection unless
the permittee presents such vehicle to the Health
Department and the Health Department certifies that such
vehicle is in full compliance with the applicable
requirements of Sections 6380.12 and 6380.13 as well as all
other applicable provisions of the Health and Safety Code
and of this article. The Health Officer may grant
an extension of time for compliance with the
aforesaid requirements of $ections 6380.12 and 6380.13, if
he finds that the applicant has made a good faith
effort to comply but cannot do so for reasons beyond
his
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cont~ol, such as inadequate capacity of equipment
fabrlcation contractors. In such instances the applicant
shall present a written request for an extension
doeum7nting the steps al:eady undertaken, the reasons
compllance cannot be achleved within the prescribed
time P7riod, and a timetable for full compliance.
Extenslons shall not be granted for compliance with the
req~irements of Seet~on 6380.13 (b) concerning the
deslgn and constructlOn of lids for deep fat fryers.
SECTION V:
Section 6380.12 is hereby added to the Orange Municipal Code
to read as follows:
Section 6380.12 Mobile Food Preparation Vehicles
In addition to all other applicable provisions of the
Health and Safety Code and of this article, mobile food
preparation vehicles shall comply with the following
requirements:
c) All equipment installed within the interior of the
vehicle, including the interiors of cabinets or
compartments, shall be constructed so as to be free
of sharp or jagged edges.
d) All utensils shall be stored so as to prevent their
being hurled about in the event of a sudden stop,
collision or overturn. A safety knife holder shall be
provided to avoid loose storage of knives in cabinets,
boxes, or slots along counter aisles. Knife holders
shall be designed to be easily cleaned and be manufactured
of materials approved by the Health Officer.
e) Ceiling light fixtures shall be recessed or flush-
mounted and sealed and shall be equipped with safety
covers approved by the Health Officer. The minimum
clearance from the floor to the light fixture shall be
at least 188 cm (76 inches) or the fixture shall be
installed out of the traffic aisle or work area.
a) Compressors, auxiliary engines, generators, batteries,
battery chargers, gas-fueled water heaters, and
similar equipment shal be installed so as to be accessible
only from the outside of the
vehicle.b) All equipment installed in any part of the
vehicle shall be secured so as to prevent movement
during transit and to prevent detachment in the event of
a collision or
overturn.f) High voltage (110-220 v) electrical wiring
shall be properly installed in electrical conduit ~
ith ~ll splices or connections being made
within Junctlon,outlet or switch as to prevent the use
of extension cords :axceeding 183 cm (6 feet).
Outside electrical connection receptacles shall be of
weatherproof design
with
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Attached, firmly anchored seats with backrests, equipped with
seat belts, shall be provided for all occupants.If
a jump seat in the aisleway is utilized, it shall fold
in a manner that will clear the aisleway when not in
use and be held with a self-latching mechanism.
Seats and backrests shall be at least 35.5 cm x 35.5 em
14 inches x 14 inches) in size. All occupants shall
be seated, shall wear seat belts and shall not cook or
prepare food while the vehicle is in motion. Signs
setting forth the latter three (3) requirements shall
be posted in both English and Spanish.
i) All pressure cylinders shall be securely fastened to a
rigid structure of the vehicle. All liquefied petroleum
gas (LPG) equipment shall be installed as follows:
1) The LP-gas tanks and relief valves shall be
ASME-approved for intended
use.2) Tanks shall be securely fastened and located
where they will normally not be subject to damage.
They may be in a body compartment or underneath
the body. The tank or fittings must not
protrude beyond the
body.3) Tanks and regulators shall be separated from
any open flame by a vapor-
tight partition.4) When tanks are installed in a
body compartment,the partitions shall be sealed off from
the rest of the body with no openings to
the interior except for the tubing. The
following additional requirements shall
be met:a. All tank valves and fittings shall
be readily accessible from outside
the
vehicle.t.h) A first aid kit approved by the Heal th Of ficer
shall be provided and located in a convenient area in
an
enclosed case.b. The tank safety relief valve shall
be vented to the outside and
directed downward.c. The filling shall be done through
an outside door to
the compartment.d.The compartment shall be vented to
the exterior of the vehicle so as to
prevent accumulation
of gas.Tubing that passes through partitions
shall be protected by grommets made of rubber
or other
approved materials.Tubing exposed to friction shall
be protected
against chafing.Expansion and contraction bends shall be
made in the tubing between the tank and
the
appliance.
5 )
6 )
8) ASME-approved LP-gas tubing or
standard weight pipe shall be
used throughout.9) Protective "thread" caps shall be
installed on fill-
line checkvalves.10) E:rery appliance fueled by LP-
gas shall be provided w~th an ASME-
approved device which will automatically shut off all gas to
the appliance if the
pilot light should be extinguished,j) A minimum ~ B.C. -
rated portable fire extinguisher (UL or State F~re
Marshall-approved design) shall be installed n J?lain
sight and ,:"ithin easy reach, immediately
ns~
de the front dr~ver
I s door. The extinguisher shall be
replaced or
recharged after each use.SECTION VI:Section 6380.13 is hereby
added to the Orange
Municipal Code to read as follows:Section 6380.13
Mobi~e
Food Preparation Vehicles; Additional Requ~rements In addition
to the requirements specified in Section 6380.12
above, mobile food preparation vehicles, which operate at more than one
location in any calendar day, shall
comply with the following additional requirements.a) Coffee urns shall
be installed in a compartment that will prevent excessive
spillage of coffee in the interior of the vehicle in the
event of a sudden stop, collision,or overturn, or,
as an alternative to this requirement,coffee urns
shall be equipped with positive closing lids as well
as perforated metal protective sleeves on
the glass liquid level sight gauges.b) Deep fat
fryers are prohibited, unless equipped with positive closing lids to
contain the fat and to prevent splashing or excessive
spillage in transit or in the event of a sudden
stop, collision or overturn of the vehicle. Such
lids shall be designed and constructed so as to prevent
pressure buildup which would result in an explosion. All
lids shall be kept positively closed while the vehicle
is in motion. Signs setting forth the latter requirements
shall be
posted in both English and Spanish.c) Water bath or
steam hot food insert warming tables shall be provided
with baffles to prevent surging in transit. All such tables,
as well as dry heat units,their insert
food containers and similar equipment that contains hot liquids
or hot foods shall have positive closing lids to contain
all such liquids or foods and to prevent splashing or
spillage in transit or in the event of a sudden
stop, collision, or overturn of the vehicle. Such
lids shall be designed and constructed so as to prevent
pressure buildup which could result in an explosion.
All lids shall be positivelY,closed while the vehicle
is in motion. Signs settlng forth the latter requirements shall
be posted
in
d) Safety exit facilities. An alternate means of exit ,in
the side opposite the main exit door, or the roof, or
the rear of the vehicle, with unobstructed passage of
61 cm x 61 em (24 inches x 24 inches) minimum to the
outsid7, shall be provided. The interior latching
mechan~sm shall be operable by hand without special
tools or key. The exit shall be labeled "Safety Exit"
in contrasting colors with at least 2.54 em (1 inch)
high letters.
SECTION VII:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the
City of Orange hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase
or portion thereof, irrespective of the fact that anyone or more
sections, subsections, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION VIII:
Any person violating any of the provls~ons of this ordinance,
punishment for which is not otherwise provided herein, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not more than five hundred dollars, or
by imprisonment in the County Jail for a period of not more than
six months, or by both such fine and imprisonment.
SECTION IX:
This ordinance shall be publ ished once wi thin fifteen (15)
days after its passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 17th day of Februarv 1980.
0 .( /"
Mayor of the City of Orange
ATTEST:
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df':tf./',u.,/' , W'fitrt./
City Cle~ of" he,;~y of orange
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STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )1;:\
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MARILYN J. JENSEN, City Clerk of the City of Orange, California,DO
HEREBY CERTIFY that the foregoing ordinance was introduced at a regular
meE!ting of tbE! City Council duly held on the 22nd day of January,1980,
and therE!after at a rE!gular meeting of said City Council duly held
on the 12th day of FE!bruary, 1980, was duly passed and adopted by
the following votE!, to wit:i;
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA,
SMITH, MAYOR HOYT, PEREZ, BEJl~.NONE
NONE
if
WITNESS my hand and sE!al this 13th day of February, 1980.h .
l t
t '-<-":ft/vMarilyn J. "Jensen
City Clerk of
thE! City of OrangE!I'I I
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