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O2346Council Meeting: 02-08-2011 Santa Monica, California ORDINANCE NUMBER 2346 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONIGA AMENDING ARTICLE 5 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO PUBLIC HEALTH AND FOOD SAFETY WHEREAS, California Government Code Section 50022.9 specifically authorizes cities to enact ordinances which adopt by reference county codes; and WHEREAS, incorporation of Los Angeles County public health laws by the City is required before such Taws can be enforced by County Inspectors within the City of Santa Monica; and WHEREAS, effective enforcement of state and local public health laws is a critical component of the City's overall commitment to protecting the health and welfare of its citizens, work-force and visitors; and WHEREAS, the City is committed to working together with the County of Los Angeles to undertake effective enforcement of state and local public health laws; and WHEREAS, since 1963, the City, like most cities within Los Angeles County, has contracted with the County to enforce public health laws, including the California Retail Food Code, within the City of Santa Monica; and WHEREAS, large numbers of stationary and mobile food facilities serve food to the public within the City; and WHEREAS, inadequate food storage, preparation and service threatens public health and welfare; and WHEREAS; the City is committed to safeguarding public health-and ensuring that food provided to consumers is safe, unadulterated, and honestly presented; and WHEREAS, the California Retail Food Code (Health and Safety Code Sections 113700 et. sec.) authorizes local agencies to adopt an evaluation or grading system for food facilities, including mobile food facilities; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 5.08.370 of the Santa Monica Municipal Code is hereby amended to read as follows: 5.08.370 Incorporation of certain County of Los Angeles Public Health Code requirements. (a) Title 8, Division 1, Chapter 8.04 and Title 11, Division 1, Chapters 11.02 to 11.38, inclusive, with the exception of Sections 11.15.010 to 11.15.050, 11.19.010 to 11.19.040, 11.38.470 and 11.38.460, of the Los Angeles County Code and all subsequent ordinances amending the incorporated sections of Title 8 and Title 11 of the Los Angeles County Code, are hereby adopted and incorporated herein by reference as if set forth in full herein. The provisions of the incorporated Los Angeles County Code 2 fully express the will and intention of the City Council of the City of Santa Monica as to those matters relating to public health which are contained therein and adopted hereby. (b) The provisions of this Ordinance, insofar as they are substantially the same as provisions of the Santa Monica Municipal Code relating to the same subject matter existing immediately preceding adoption of this Ordinance, shall be construed as restatements .and continuances, and not as new enactments. In the event of any conflict or inconsistency between the provisions of the adopted Los Angeles Courity Code and any other provisions of the Santa Monica Municipal Code, the provisions of the Santa Monica Municipal Code shall govern. (c) The issuance of a permit, certification, or approval under the provisions of this Ordinance shall not constitute a waiver of any other requirement contained in the Santa Monica Municipal Code or any other law or ordinance, and all such requirements shall be complied with in addition to the obtaining of a permit, certification, or approval under the provisions of this Ordinance. (d) The issuance of a permit, certification, or approval under the provisions of this Ordinance shalt not constitute an approval of any violation of any provision of this Ordinance, or any law or ordinance, and a permit, certification, approval, or other document purporting to give authority to violate any law or ordinance shall not be valid with respect thereto. (e) Any person, group, corporation or association which prepares food for, or dispenses food to, members of the public shall comply with the provisions of the Los Angeles County Code, which are adopted and incorporated by this Section. 3 (f) Any person, group, corporation or association violating this Section, including any noncompliance with the health officer as defined by Los Angeles County Code Section 8.04.947, shall be guilty of an infraction, which shall be punishable by a fine not exceeding Two Hundred Fifty dollars ($250), or a misdemeanor, which shall be punishable by a fine not exceeding One Thousand dollars ($1,000), or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. (g) The City Attorney may seek legal, injunctive, or any other relief to enforce this Section. (h) The remedies provided by this Section is cumulative to any other remedy provided by law. Section 2. Chapters 5.04 and 5.05 of the Santa Monica Municipal Code is hereby repealed. Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of .this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, 4 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: y~ / ~ a? ~~ ` 11~;~ ~~~z MA SHA JO ES MOU RIE Cit ttorney 5 Approved and adopted this 8th day of February, 2011. ~C'~ 0 `~ Richard 131oom, Mayor State of California ) County of Los Angeles } ss. City of Santa Monica } I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2346 (CGS) had its introduction on January 17, 2011, and was adopted at the Santa Monica City Council meeting held on February 8, 2011, by the following vote: Ayes: Council members: McKeown, O'Connor, O'Day, Mayor Pro Tem Davis, Mayor Bloom Naes: Council members: None Abstain: Council members: Holbrook Absent: Council members: Shriven A summary of Ordinance No. 2346 (GCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, Cit Clerk