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Ordinance 605 v • # N1111111 AN§V • • • ORDINANCE NO. 605. AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING A DEPARTMENT OF PUBLIC HEALTH, PROVIDING FOR THE APPOINTMENT OF A DIRECTOR THEREOF, PRESCRIBING THE DUTIES, FUNCTIONS AND AUTHORITY OF SAID DIRECTOR, PROVIDING FOR THE REGULATION AND CONTROL OF CONTAGIOUS, INFECTIOUS, AND OTHER DI- SEASES, PROVIDING FOR THE SECURING OF HEALTH CERTIFICATES BY CERTAIN PERSONS SERVING THE PUBLIC, MAKING IT THE DUTY OF EMPLOYERS OF SUCH PERSONS TO PROCURE HEALTH CERTIFICATES REGULATING THE PRODUCTION, TRANSPORTATION, HANDLING, STORAGE AND SALE OF FOODS AND DRUGS IN SAID CITY, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND OTHER MATTERS RE_ LAT ING THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That a department of the City Government of the City of Miami Beach, Florida, to be known as the Department of Public Health, be and the same is hereby created. SECTION 2: That the City Manager be and he is hereby author- ized and empowered to appoint by and with the con- sent of(' he City Council of said City, a Director of Public Health. SECTION 3: That the Director of Public Health is to be sub- ject to the supervision and control of the City Manager in all matters, and shall administer the affairs of his Department, which shall include the supervision of communicable diseases in all hospitals, in- stitutions and agencies appertaining in any way to public health, the enforcement of this Ordinance and all laws, ordinances and r uLat for s relative to the preservation and promotion of Public ^ th, the prevention and restriction of all diseases, includ- ing CL.e enforcement in time of threatened epidemic, of such q? °antine and isolation regulations as are appropriate to the Tnorgenc y, the prevention, abatement and suppression of nuisances, sanitary inspection 'and supervision of the production, trans- portation and sale of foods and drugs, and generally to do all things relative and necessary to the preservation and promotion of public health. He shall appoint by and with the approval of the City Manager, subject to the provisions of the Civil Service Procedure, all employees of said Department. There is hereby created an Advisory Committee of Five (5) Physicians, who are members of the Dade County Medical society and who reside in the City of Miami Beach, Florida. Said Comm:..ttee shall be appointed by the City Council; said Advisory Committee shall act in an advisory capacity only to the Director of Public Health and to the City Council of said City of Miami Beach, in all matters relating to the operation of the Department of Public Health of said City. -1-B- SECTION 4: Diseases to be reported: The following diseasOs must be reported: Aetincomy cocis Opthalmia Neonatorum Anthra ;. Parat ypho id Fever Cerebro-spinal fever Plague Chancr.oftc_ Poliomyelitis Chickenpox Psittacosis Cholera, Asiatic Rocky Mountain Spotted Fever Dengue Rabies Diphtheria Scarlet Fever Dysentery (Amebic and Bacillary). Septic Sore Throat Encephalitis Smallpox Favus Syphillis German Measles Trachoma Glanders Tuberculosis (all forms) Gonococcus Infection Trichinosis Hookworm Infection Tularaemia Influenza Typhoid Fever Leprosy Typhus Fever Malaria Undulant Fever Measles Whooping Cough Yellow Fever provided that the Director of Public Health may at his discretion require other diseases to be reported. SECTION 5: Mef Reporting: Every physician or other person having knowledge of any disease specified in Section 4 of this ordinance shall report to the Director of Public Health the following data: Name of Disease Full name, age, sex, race and exact address of patient, Exact occupation, place of employment, or school attended by patient. Date of onset of disease Name and address of person making report. Date of Report. Such report shall be made within twenty-four hours after the case comes under observation, by telephone or upon a communicable disease report card furnished by the Health Depart- ment. The term "other person" as used in this section shall mean in the absence of any physician, any parent, guardian, householder, keeper of hotel or lodging house, midwife, nurse, school teacher, superintendent of an institution, master of a vessel, owner or manager of a dairy, or other person having under his care or observation a person affected or apparently affected with a communicable disease. SECTION 6: General Measures for Control. The Director of Public Health or his duly authorized repre- sentative shall make such investigation as in his judgment may be necessary to determine the presence or absence of any of the diseases named in Section 4 of this ordinance, and if any shall be found he shall adopt such measures as are authorized by law for the prevention of the spread of such disease and for the re- lief of the patient, and to these ends he or his duly authorized representative may enter any premises where he suspects the pre- sence of any such disease. -2- SECTION 7: Laboratorz Examinations: The Director of Public Health shall secure mater'al for cultures or specimens for bacteriolog� cal or o 1..er laboratory examination to assist in determining the (fiaws.i 3 whenever in his ;ivLlgement such proce- dure is necessary, :i:c_ any person requester. ')./. him shall permit such specimen tc co L.:.kerx. SECTION 8: MeP.lu?: ; for control in Schco] s. teacher of any scnool, college, university or Sunday School, having under his care any pupil who appears to be affected by any communicable disease, shall promptly send such pupil home or separate him from other pupils until examined by a physician. The eacher shall report the case in accordance with Section 5 of this ordinance. A pupil who has been excluded from a school, college, or university on account of having been affected with or exposed to a communicable disease shall not be re-admitted to school with- out a permit from the Director of Public Health, except that in the case of the following diseases the pupil shall be re-admitted without a permit after the period shown below: Chickenpox - after crusts have disappeared from skin German Measles seven days Measles - seven days from appearance of rash Mumps - two weeks from beginning of attack Whooping Cough three weeks after appearance of whoop In the event of the presence of any disease as specified in Section 4 of this ordinance, the Director of Public Health may cause to be examined any pupils, teachers or other persons employed in the schools, and may take any measures necessary to prevent the spread of disease. All school authorities and em- ployees shall conform to all rules and regulations of the Depart- ment of Public Health for the accomplishment of this end. SECTION 9: Method of Isolation in Various Diseases. Every person suffering from any of the diseases mentioned in Section 4 of this ordinance, shall isolate himself and every person in charge of such a person shall isolate the person of whom he is in charge in the following manner: When the disease is: Anthrax Measles Cebro-spinal fever Plague Cholera Poliomyelitis Diphtheria Scarlet fever Glanders Small pox Leprosy Yellow Fever the person affected shall be absolutely isolated. When the disease is: Chickenpo German Measles Septic Sore Throat Chancroid Hookworm Infection Trachona Eysentery(AmebicBacillary) Mumps Tuberculosis ncephalitis Rabies Typhoid & Paratyphoid Gonoccus Infection Syphillis fevers Whooping Cough the person affected shall be so restricted in movement that the -3- disease will not spread from him to others. When the disease is: Dengue Malaria Yellow Fever the person affected shall be kept in a scrOened room free from mosquitoes, provided that this form of iso_.ation will be enforced only when practicable in the case of malaria. No person other than the physician or person in charge of or in attendance of the patient shall enter any pre- mises, room or apartment quarantined for communicable disease in violation of the terms of the quarantine. No person shall willfully or negligently expose any other to a communicable di- sease. SECTION 10: Placarding. When there is a case of: Cerebro-spinal fever Leprosy Small pox Cholera Measles Whooping Cough Diphtheria Plague Yellow Fever Glanders Poliopyelitis Scarlet Fever the Director of Public Health may post a suitable placard or placards in a conspicuous place or places on the premiges, a- partment or room where the disease exists, provided, if the case is under satisfactory hospital care, the placard may be omitted. No person shall remove such placard except the Director of Public Health, or with his permission. There is no need to put a pla- card on the outside of a hotel or modern apartment house. In such case it should go only on the room of apartment occupied by the patient. SECTION 11: Minimum Periods of Isolation. The minimum periods of isolation in var- ious diseases shall be as follows: Anthrax -- until all lesions have healed Cerebro-spinal fever -- during clinical course and until two successive smears from the nose or naso-pharyns fail to show the presence of the specified Chickenpox - until primary scabs have disappeared from the skin and mucuous membrane Diphtheria - until two successive cultures taken from the nose and two taken from the throat at least 24 hours apart, by the Director of Public Health or his representative, shows the absence of Klebs-Loeffler bacillus. Cholera, Dysentery (bacillary) Typhoid and Paratkphoid Fever During the clinical course and until the infective organism is shown to be absent from the excreta after not less than two examinations. Glanders -, Human cases during clinical course; animal should be destroyed Gonoccus Infection - until the discharges show absence of the gonococci Measles - until after seven days from the appearance of the rash and until all abnormal discharges from ear, nose or mouth have disappeared. Leprosy -- during course of the disease Plague -. during clinical course Poliomyelitis — until two weeks from onset of the disease Scarlet Fever •- at least three weeks after onset and until all abnormal discharges from ears, nose, mouth or suppurating glands have ceased. Septic Sore Throat — during clinical course �mall_,�ox -» until all scabs have disappeared and the lesions healed Syphillis -- until open lesions of the skin and mucuous membrane, have healed Tuberculosis -- as long as the bacillus is discharged Typhus Fever — during clinical course and in vermin--free room Whooping Cough — until three weeks after appearance of character- istic whoop Yellow Fever -- during the first four days of the fever SECTION 12: Rules gaE Food Handlers,. No persons affected with Diphtheria, Dysentery (amebic or bacillary) Gonococcus Infection, Scarlet Fever, Septic Sore Throat, Syphillis in a communicable form, Typhoid or ParatNyphoid FeVers or Pulmonary Tuberculosis, or who is likely to be a carrier of these diseases, shall be employed or be present where milk or any other food is prepared, handled or sold. The Director of Public Health may examine or cause to be examined for the above named diseases any employee of any establishment where milk is prepared, food is prepared, handled and sold. SECTION 13: Method of Control a Contacts. The Director of Public alth shall have the power to isolate or restrict the movement of any person who is kbown to have been exposed to any of the communicable diseases named below for a time equal to the maximum incubation period of the disease and in the manner prescribed in Section 9 of this or— dinance. For the purposes of this ordinance maximum in— cubation periods shall he considered to be as follows: Cerebro—spinal fever -- 10 days Dysentery (Bacillus) 7 days (unless cultures from naso—pharynx German Measles - 3 weeks fail to show meningococci. ) Measles — 14 days Chickenpox — 3 weeks Plague — 7 days Cholera, Asiatic — 5 days Poliomyelitis — 14 days Diphtheria -- 7 days un— Scarlet Fever -- 7 days less a culture from nose Septic Sore Throat -- 3 days and throat fail to show the Smallpox -- 14 days presence of the Klebs-Loeffler Whooping Cough -- 14 days bacillus SECTION 14: Control of Carriers. The Director of Public Health or his representatives may isolate or restrict the movement of carriers of the in— fectious agent for Cerebro—spinal Fever Cholera Diphtheria Paratyphoid Fever Typhoid Fever Dysentery or any other communicable disease until their discharges are shown to be free from the specific organisms of the disease. .5— SECTION 15: Removal to Hospital of Certain Cases. When in the opinion of the Director of Public Health, proper isolation or quarantine of a person affected with, or a contact, or carrier of any of the diseases mentioned in Section 4 of this Ordinance, is not or cannot be properly carried out on the premises occupied by such person, the Director of Public Health may cause such person to be removed to a hospital or other proper place designated by the Director of Public Health. SECTION. 16: Precautions of Attendants: The physician or any other person permitted to visit a person affected with communicable disease shall practice such mea- sures of personal cleansing, disinfecting and all other pre- cautions necessary to prevent the spread of the disease to others. SECTION 17: Disinfection. When any person is affected with a communicable disease, adequate disinfection shall begin at its onset and continue until its termina- tion. It shall be the duty of the Director of Public Health to give specific instructions to the person attending a case or suspected case of communicable disease as to the methods of dis- infecting the discharges and articles used by or on the patient, and it shall be the duty of the person in charge to carry out such instructions. No article shall be removed from quarantined premises without a permit from the Director of Public Health. When the case has terminated, the owner or occu- pant shall further disinfect, clean or renovate the premises as the Director of Public Health may require. Any articles which in :the opinion of the Director of Public Health or his represen- tative can not be properly cleansed or disinfected shall be des- troyed. The owner of any premises, apartment or rooms which have been occupied by a person affected with a communicable disease shall not rent the same to others or permit occupation by others until the premises have been cleaned to the satisfaction of the Director of Public Health. SECTION 18: Special hulesr for Tuberculosis. Whenever there is a case of tuberculosis, it shall be the duty of the Director of Public Health or his representative tp take such proper precautions as he may- deem necessary and to give proper instructions to the patient and all other persons occupy- ing the same prelimisec to prevent the spread of the disease. Every person affected with tuberculosis shall dispose of his sputum, saliva, or other discharge in a manner not dangerous to public health. Whenever a person so affected is or is likely to be a menace to the health of others, the Department of Public Health shall have the power to muse the removal of such person to an isolation hospital or other proper place until the danger has been removed. Upon recovery of a person having tuberculosis it shall be the duty of his physicians to notify the Director of Public Health. SECTION 19: Special uies for Venereal Diseases. Reports of syphillis, gonococcus infection or chancroid mads in accordance with Section 5 of this ordinance shall be considered confidential so far as consistet with Public safety, The professional attendant of any case of venez.l disease shall give the patient explicit instructions to prevent the spread of the disease to others. When such patient refuses or neglects to follow prescribed treatment, discontinues treatment or is discharged as cured, the professional attendant shall immediately report these facts to the irector of Public Health. When any person affected or presumably affected with venereal disease does or is liable to menace the health of others, the Director of Public Health or his representative shall have the power to cause the removal of such person to an isolation hospital or other proper place or to take any other measures authorized by law which are necessary in his opinion to prevent the spread of the disease. -6._ SECTION 20: Rules for Funerals. When a person dies of cerebro- spinal fever, poliomyelitis, diphtheria, scarlet fever or smallpox, no person except the undertaker and his assistants, the clergyman and others permitted by the Director of Public Health shall enter the house until after the funeral and until after the warning placard has been removed. If the funeral is held elsewhere than at the last residence of the deceased, the funeral may be public provided only those members of the immediate family may attend who in the opinion of the Director of Public Health are free from infection and to whom he has given permission so to do. SECTION 21: Disease of Animals. Any veteritbary or other person in charge of an animal affected or pre- sumably affected with any disease communicable to human beings shall immediately notify the Director of Public Health. Whenever there is reason to believe that any animal has rabies such animal and all otIlers bitten by it shall be securely confined by the owner or person in charge for such a time as is necessary to determine whether the disease exists. Every animal which has rabies shall be disposed of to the satisfaction of the Director of Public Health. The Director of Public Health shall have the power to require the muzzling of all dogs appearing on public highways, and may call upon the police department to en- force this rule. SECTION 22: Special Powers for Emergencies. In an emergency, including the occurrence of any rare or unusual disease or when any disease becomes unusually pre- valent, the Director of Public Health shall have the power to employ any measures necessary for the protection of the public health and with the approval of the City Manager, to make such expenditure as may be necessary for such purpose._ SECTION 23: Prohib,.tion of Common Articles Dangerous to Health: The use of common drinking cups or other drinking or eating utensils or of common towels, or any other article for common use which might spread communicable dis- ease is forbidden in the City of ;iami Beach. The term "common" as used in this section shall mean for use of more than one person without proper cleansing and disinfection by methods ap- proved by the Director of Public Health. SECTION 24: Milk and Water Inspection. All milk and water companies engaged in supplying residents of Miami Beach with their respective commodities shall be required to furnish certified reports bi-monthly, said reports containing a complete bacteriological analysis which will require the approving signature of the City Health Officer. Refusal or violation of this requirement on the part of the several companies concerned would be sufficient warrant to prohibit distribution of their respective wares. At least one sample a week of each type of milk delivered in Miami Beach will be taken by the City In- spector for laboratory analysis. Only milk from farms and plants conforming with current sanitary provisions of the U. S. Public Health Service Standard Milk Ordinance to be sold in the City of Miami Beach. SECTION 25: Vital Statistics. There shall be a division of vital statistics in the City of Miami Beach for recording of births and deaths and the reporting of communicable diseases. SECTION 26: Any person or persons serving the public as food handlers, as dispensers of drinks of any kind, as a barber, beauty parlor operator, manicurist, masseur, masseuse or as custodian or handler of bathing suits in a bath house or bathing pavilion, and other occupations whereby the health of the public may be endangered, shall procure from ...7-.. a licensed and practicing physician of this City approved by the Director of Public Health, a health certificate every six months, which certificate shall be displayed in a conspicuous place at his place of employent: SECTION 27: The operator or proprietor of any hotel, boarding house, apartment building, restaurant., cafe, place where drinks are dispensed, barber shop, beauty parlor or other place of business where the health of the public may be endangered, shall not employ, retain or continue in his employ any person who can not show at any time a certificate of physical examination, including a Wasserman, or other approved blood test for syphillis, signed by a licensed medical physician of Miami Beach approved by the Director of Public Health, to the effect that such person is free from any disease that might be communicated to patrons, guests, or tenants. Said certificate of good health shall have been issued within the preceding six months on a form approved by the Director of Public Health, Providing that no portion of this section shall preclude the re-examination pf any employee at any time when deemed advisable by the Di- rector of Public Health. SECTION 28: That for the purpose of this ordinance, the word "food" is hereby defined to mean all articles used for food, drink., confectionery or condiment, by man, whether simple, mixed or compound. The word "drug" is here- by defined as to mean all medicines and preparations recognized in the United States Pharnacopeia or National Formulary for internal or external use, and any substance or mixture of substances in- tended to be used for the cure, mitigation or prevention of dis- ease of man or animals. The term "food handler" is hereby de.. fined to mean any person whose duties bring him in contact with foods, whereby such handling might convey disease to the con- sumer. The term "food establishment" is hereby defined to mean any place where foods are sold, kept, stored, offered or exposed for sale, manufactured, slaughtered, prepared or processed. SECTION 29: All food establishments and grocery stores shall be properly lighted and ventilated, free from dampness, clean, and free from all kind of dirt, refuse, rub- bish, useless or offensive material, ants, roaches, rats, mice or other vermin, and all windows and doors therein shall be fitted with screens of not less than No. 16 wire mesh, each door to be provided with a self-closing device, or properly protected by Standard ceiling fans, not under 32 inches. SECTION 30: The walls and ceilings of any room or place where foods are prepared, compounded, manufactured or processed and such places used for slaughtering, killing and dressing of animals, fish, fowl and game used for food shall be of smooth, hard material, kept in good repair, clean and in a sanitary condition, and painted with oil paint in white or light colors, and the floors thereof shall be smooth and watertight, and shall be kept in good repair, clean and sani- tary. The floor of a place used for slaughtering or dressing any animal, fish or fowl, or for manufacturing, cleaning, washing, preparing, canning or bottling of food products, such as vege- tables, fruit, salad dressing, potato chips, meat products, soda water, soda pop, ice cream, dairy products, vinegar; syrup ex- tracts, beverages, jelly, jams ar marmalade, shall be of concrete or other impervious material and the side walls shall be of con- crete or other impervious material or wainscoted with such mater- ial to a height of at least four feet, Where concrete or other impervious floors are required, such floors shall be constructed so as to facilitate proper drainage to drain pipe,. traps and catch basins, and such drainings shall be disposed of in con-- .ormity with the plumbing regulations governing same. SECTION 31: No part of any food establishment shall be used for sleeping purposes or for the stabling or hous- ing of any animal or animals, live fowl or fowls, unless such room or rooms, place or places, are separated there- from by solid, impenetrable walls, free from doors, windows, or -8- any other opening of any kind whatsoever. Live fowls shall be housed separate and apart from any room used as a grocery, meat market or other food establishment. SECTION 32: All food products such as bakery goods, cones, candy, sugar for table use, cheese or any other food not ordinarily cooked, peeled or washed be- fore being eaten shall be so stored or displayed as to be pro- tected from dust, flies, vermin, handling, droplet infection, overhead leakage and other contamination. SECTION 33: There shall be sufficient facilities for proper refrigeration at a temperature of no higher than 4-$ degrees Fahrenheit, and all refrigerators, ice boxes and appurtenances thereto used in any manner in connection with a food establishment shall be kept in good repair, clean and sanitary and the water therefrom shall be disposed of in conform- ity with the plumbing regulations governing same SECTION 34: Garbage must be placed in approved water tight galvanized iron metal containers with handles, and shall be kept covered with close fitting galvanized iron lids. There shall be a sufficient number of containers to care for all garbage accumulating between collectins The containers shall be kept in enclosed structures at all times. The Sanitary Department has the authority to regulate the size of container. Garbage dropped on the ground because of filling the cans too full will be considered as nuisance. The City does not furnish garbage cans, they must be furnished by the owner or manager or tenant. SECTION 35: No food shall be deposited on or allowed to remain less than eighteen (l8) inches from the surface of the floor, ground or sidewalk, when exhibited, un- less the same shall be contained in tight boxes or other recep- tacles adequately protected from contamination. Newspapers shall not be used for wrapping foods nor for covers on tables, shelves, drawers, etc. , nor in any manner come in contact with foodstuffs. SECTION 36: No food shall be exhibited, stored, or kept on the outside of any store, in any doorway, yard, side- walk, areaway, or public thoroughfare except as provided for in Section 51 of this ordinance. SECTION 37: All food handlers shall wear clean outer garments and keep their persons scrupulously clean at all times, and shall have identification cards and certificates of good health. SECTION 3g: All machinery, utensils, tools, meat blocks, tables and other fixtures shall be kept clean, sanitary and in good repair, having fans over same at all times., SECTION 39: Ample hot and cold running water or other means satisfactory to the Department of Public Health shall be provided for the proper cleansing of All food establishments and of all equipment therein. SECTION 40: A sufficient number of open seat flush toilets, wash rooms and dressing rooms shall be provided and conveniently located for all employees, and no toilet shall be located in or immediately connected with any room of a food establishment, and shall ventilate to the outside of the building. Every restaurant having a greater floor area than 300 square feet in the room or rooms in which meals are served shall have at least one toilet and one lavatory for each sex and one for colored persons._ For restaurants having a total floor area of not exceeding 300 square feet in the room or rooms in which meals are served, only one toilet for each sex is re- quired. No water closet compartment may open directly into any -9- dining room, kitchen, kitchen store room or pantry; said com- partments must open into hallways, or into ante-rooms or vesti- bules which may be used as washrooms. In addition to the door at the water closet compartment, there shall be a self closing door between the ante-room and the rooms herein above named. All toilet rooms shall be kept clean and in good repair, with wash- bowls, soap, toilet paper, and individual towels, Common towels and common drinking cups are prohibited. All employees before beginning work and after, visiting toilet rooms shall wash hands and arms thoroughly with soap in clean water. SECTION 41: Cellars or basements shall not be used as food establishments for either manufacturing, preparing, storing or selling foodstuffs, unless approved by the Department of Public Health. SECTION 42: Adequate grease traps shall be installed in all food establishments where fat or oils are used in cooking or preparing foodstuffs, and shall be kept skimmed to properly function as required by Plumbing regula-. tions. All ventilating and exhaust systems shall be constructed so as not to exhaust out any street or alley but to be carried up to the roof. SECTION 43: All dishes, glasses, knives, forks, spoons and other utensils, or articles used in the preparation and service of food or drink, after being so used shall be thoroughly washed in hot water and with soap or suitable cleansing agent and then shall be sterilized by being exposed to live steam or boiling water (proprietor shall be supplied with at least one accurate thermometer) at a temperature of not less than one hundred and seventy (170) degrees Fahrenheit for a period of two (2) minutes or by being placed in an antiseptic solution approved by the Department of Public Health, and then rinsed in clean water. However, in lieu of the above require- ments, or when it is found impossible or inexpedient to use live steam or boiling water, sterile dishes, cups, spoons manufactured from paper, wood or any other suitable material, which have been kept in dust--proof containers before using, may be used for one service only. These shall be destroyed when removed from the service counter. In all fruit juice stands or bars where hot water is not available it is permissible to use cold water pro- vided the glasses are washed in a three compartment sink,, one compartment for washing with soap, one with a clear water for rinsing, and one compartment to contain a chlorine solution, containing 100 parts per million of free chlorine. SECTION !-: The use of straws, sugar and toothpicks in open containers not protected from contamination by people, dust, vermin, insects and other contamina- ting agencies is prohibited.. SECTION 45: All ranges, stoves and ovens shall be provided with ventilating hoods and piped or other approved mechanical means for ventilating the room or place they occupy when adequate ventilation can not be secured by other means and shall be kept clean and sanitary. The exhaust pipe shall extend above the roof but shall not exhaust on to any street or alley. SECTION 4-6: Foods individually served to customers, or foods handled or partly consumed by customers and then returned to the kitchen or serving room shall not be served again. SECTION 47: Nothing but clean, fresh cloths shall be used for wiping and drying dishes, glasses and other utensils or be permitted to come in contact with any food stuff. -10- SECTION L1. : Milk must be kept ,,pproperly refrigerated and shall be served from individual and original bottle only. All milk served at any public place shall be grade "A" Pasteurized or Certified Pasteurized. SECTION 4.9: None other than Federal, or approved State, County or Municipally inspected, aid branded meat or meat products except fish and poultry shall be had in possession with intent to sell, offered or exposed for sale, sold or served in the City of Miami Beach. Peddling or the selling of any meat, or meat products is prohibited upon any public tho- roughfare, sidewalk, open lot, or other place that does not com- ply with the sections of this ordinance governing food establish- ments. Federal Bureau of Animal Industry Regulations shall govern all disposition of meat and meat products. SECTION 50: Peddling of fruits and vegetables shall be done only from screened vehicles approved by the Depart- ment of Public Health. . All foods conveyed through the Streets of Miami Beach except those which are habitually peeled or cooked before eating shall be protected from dust, dirt, flies, and other insects by clean covers or other approved method, and all conveyances, baskets, boxes or other receptacles in which food products are transported shall at all times be kept in a clean and sanitary condition. SECTION 51: Food stuffs such as meat, fish, bakery goods, con- fectionery, fresh or dried fruits, pickled goods, preserves, etc. , that are to be eaten unpeeled or uncooked or which are not wrapped in a sanitary approved wrapper, shall be protected by approved method from dust, dirt, public handling, and other forms of contamination. SECTION 52: Any vehicle commercially used for transporting or delivery of food except that of an Express Company, or transfer Company, shall have painted on both sides thereof plainly and legibly in letters no smaller than one and one-half inch in height, the kind of business to- gether with the owners ' or firm' s name and address. A -- Every business place, in a business district, where food is sold shall have the owner or firm' s name and street number painted on the front of the business in letters not less than two inches in height. SECTION 53: The Department of Public Health shall have authori- ty to forbid the sale of any food or drug, whether local or foreign production, which is produced or handled in any manner under unsanitary conditions. Where foreign inspection is necessary the cost of such inspection shall be paid in advance to the City of Miami Beach by the person or persons applying for such inspection. SECTION 54+: It shall be unlawful to open up or operate any food establishment without first complying with the Zoning Ordinance setting forth the nature of the business and the kind of license required. A w No occupational license shall be issued to food es- tablishments where foods are sold, kept, stored, offered or exposed for sale, manufactured, slaughtered, prepared or handled in any manner before such application for license has been approved by the Department of Public Health. B -. Before issuance of any building, plumbing or electrical permit covering establishments where food is kept, pre- pared, handled or sold, the approval of the Department of Public Health shall be secured before such permit shall be issued. -11- SECTION 55: No person within the City of Miami Beach shall manufacture for sale therein, have in possession with intent to sell, offer or expose for sale, sell, transport, or deliver any article of food or drug which is adulterated or mis-branded within the meaning of Federal Food Drugs Act of June 30, 1906, as amended, SECTION 56: The rules and regu] ions for the enforcement of the Federal Food and Drugs Act, embodied in Service and Regulatory Announcements, Food and Drug No. 1; Food, Drug Insecticide administration, United States Department of Agriculture are hereby adopted, together with such rules and regulations as the Director of Public Health with the concurrence of the City Manager shall make or cause to be made from time to time. SECTION 57: The definitions and standards issued by the United States Department of Agriculture, by the Food, Drug and Insecticide Administration of that Department, by the State of Florida, or by the City of Miami Beach shall be used as guides in the enforcement of this ordinance. (a) For the purpose of this ordinance fresh oysters show- ing more than ten percent (10%) of free liquor or having a Bacillus coli score of more than fifty (50) or showing any indication of the presence of harmful bacteria shall be considered to be adulterated. (b) Ice cream mix is the product made from milk, cream, and other milk products, and sugar ( sucrose), with or without the addition of eggs, harmless flavoring materials, harmless vegetable, colors or certified coal-tar colors, gelatin or vegetable gums, such gelatin or gum in amount not to exceed five-tenths of one percent of the weight of the mix. It shall be pasteurized by being heated to a temperature of 150 degrees Fahrenheit and held at said temperature for thirty minutes, or by flash pasteurization of 185 degrees Fahrenheit. (c) Ice Cream is the product made by freeing ice -cream mix. Ice Cream shall contain not less than ten per- cent pf the milk fat. (d) Fruit Ice Cream is the product made by freezing Ice Cream Mix with the addition of clean, sound, mature fruit. Fruit Ice Cream shall contain not less than eight percent of milk fat. (e) )Nut Ice Cream is the product made by freezing Ice -Cream Mix with the addition of clean, sound, non- rancid nuts. Nut ice cream shall contain not less than eight percent of milk fat. (f) The terms "Custard", "Egg-nog" , and similar terms denoting the presence of egg, shall not be used in connection with frozen products unless such frozen products contain substantial amounts of eggs. (g) Any frozen product that does not comply with the defi- nitions and standard here in before stated shall have plainly printed on each package, either wholesale or retail; the common names of the ingredients contained therein and shall not be sold under the name of Ice cream. SECTION 58: The Director of Public Health, his inspectors or other employees acting under his direction and supervision shall have the right at any time and - 12- all reasonable t;ms 3 to enter upon, or, in any premises where X - °1t`. articles of fooet t _v.s, to examine and to inspect such ar- ticles of food or d:.a', and to appropriate a reasonable portion of any such food off rtrbg product for the purpose of use as sam- ples for inspection or test. SECTION 59: Any article of food or drug which the Director of Pub, i o Health, his inspectors or the employees acting under his direction or supervision may be- lieve by reason of inspection, preliminary tests, or otherwise, to be in violation of the provisions of this ordinance, shall be withheld from sale or disposal in any other manner at such place and in such manner as the said officials may direct, un- til confirmative samples shall have been examined and violation of this ordinance proved or disproved as the case may be. SECTION 60: Any article of food or drug which is found to be in violation of the provisions of this ordinance shall be confiscated by or under the direction of the Director of Public Health and shall be disposed of as follows: (a) It shall be destroyed or rendered unfit for food or drug use by its owner in such manner as the Director of Public Health may prescribe and under the super- vision of a city employee designated by the Director of Public Health, Provided, however, that condemned foods which may be held without creating an immediate nuisance or unsanitary condition which would affect the health or dignity of the community, shall be held under an official seizure tag 02 seal for a period of sixty (60) days, so as to give the owner of same a reasonable length of time to file claim for any inter- est he may have in said condomn.ed foods, or if the violation is of such nature that it can be corrected by su Gble and proper labeling or relabeling, such labei. .ng or relabeling shall to accomplished by the owne; ander the supervision of a %City employee de- signatuc. by the Director of Public Health. (b) In an instance whore labeling or relabeling is im- practicable proper information as to the nature of the article in question shall be conveyed to its possible purchasers or consumers by suitable placards signe Or by similar means which have the approval of the Director of Public Health. (c) Recon:"itioned foods or drugs not adulterated or mis- branded within the meaning of this ordinance shall be plainly, prominently and legibly labeled in type no smaller than 3/8 inches height with the statement "This is a reconditioned product". SECTION 61: Any advertising regarding an article of food or drug, whether by means of signs, posters, pla- cards, handbills, newspapers, or magazine advertise- ments, displays, or by any other means whatsoever shall be subject to the same requirements for labels, wrappers, circulars and other descriptive mattgr in or on the immediate package of the article in question. SECTION 62:- The violation of this ordinance or any of its pro- visions or sections or parts of sectitons shall be punishable by a fine of not more than five hundred (4500.00) dollars or by imprisonment of not more than ninety (90) days or by both such fine and imprisonment. SECTION 63:. Any person misrepresenting himself to be, or in any manner impersonating an officer of the Depart. meat of Public Health for the purpose of enforc- ing or carrying out any of the foregoing sections of this or- dinance shall upon conviction thereof, be punished as provided for in Section 62 of this Ordinance. Public swimming pools, - 13- juice extractor plants, preserving plants or canneries shall not be permitted to operate until they conform with requirements of the State Board of Health. SICTION 64: Should any of the provisions or sections or parts of sections of this ordinance be declared invalid in any judicial proceeding, such partial invalidity shall not be deemed to affect the remainder of the ordinance. SECTION 65: REVOCATION OF LICENSE: The Department of Public Health of the City of Miami Beach, Florida, is hereby given the right to revoke this- license of any person or persons violating the provisions of this ordinance until such time as the violations are rectified. SECTION 66: All ordinances and parts of ordinances, or sections or parts of sections in conflict with any of the provisions herein above stated are hereby repealed. SECTION 67: Whereas an emergency exists and the health and welfare of said City is in peril, and this ordinance is deemed necessary for the protection of the citi- zens of said City, this ordinance shall be given three (3) read- ings at one (i) session of said City Council, and be in full force and effect from and after the date of such passage. PASSED AND ADOPTED this gth day of August, A. D. , 1941. :)43 LT-4-4? '<,, ... ATTE : _ n ,/ / ty clerk as (SEAL) 1st reading August 8th, 1941 2nd reading August gth, 19+1 3rd reading August gth, 1941 Posted August 12, 1941 J P STATE OF FLORIDA) COUNTY OF DADE ) I, C. W. TOMLINSON, City clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 605 entitled, "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING A DEPARTMENT OF PUBLIC HEALTH, PRO- VIDING FOR THE APPOINTMENT OF A DIRECTOR THEREOF, PRESCRIB- ING THE DUTIES, FUNCTIONS AND AUTHORITY OF SAID DIRECTOR, PROVIDING FOR THE REGULATION AND CONTROL OF CONTAGIOUS, INFECTIOUS, AND OTHER DISEASES, PROVIDING FOR THE SECURING OF HEALTH CERTIFICATES BY CERTAIN PERSONS SERVING THE PUB- LIC, .MAKING IT THE DUTY OF EMPLOYERS OF SUCH PERSONS TO PROCURE HEALTH CERTIFICATES REGULATING THE PRODUCTION, TRANSPORTATION, HANDLING, STORAGE AND SALE OF FOODS AND DRUGS IN SAID CITY, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND OTHER MATTERS RRLATING THERETO, having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 12th day of August, A. D. , 1941, and that said ordinance remained posted for a period of at least thirty days in accordance with the require- ments of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 18th day o.s September, A. D. 1941. Aal A it Clerk . . . . rr„,,,,„.......................,____________. .. , -. ............,. . _ . - ..:: • . • ... - .. 1 , .. , ... .., ., . 1. . . . t L ) 0 to ..--.. • i•-•1 . 0 H .O1 .,.. : •-• H <4 ' 0 ........, , H n . •.... i 0 ,... .....,.. ...........,...... ... ...... ,,........„ .„, . . ,. . ,,. .,.. - L. _ „. , . „, .„,. _...,___,..,,... . ...... .„...... .. . , : . ....„ , . ,. „. .., .,..,' ... .. ... - .. ..,... ..., „ .... .,..„ ,.,, .. .„...... , ....,.,„,..,....,.._,,...„.. ,,.... . , .... ,.....,.... . , ,_