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