NOTICE IS HEREBY GIVEN that the Pacific County Board of Health is publishing a summary of proposed Ordinance No. 6A governing food establishments. The proposed ordinance is being considered pursuant to RCW 70.05.060 and WAC 246-215 to promote and protect the health, safety and well-being of the public and prevent the spread of disease through food.

A PUBLIC HEARING is set for February 27, at 9:00 a.m., or as soon thereafter as possible, in the Pacific County Commissioner’s/Board of Health Meeting Room located in the Pacific County Courthouse Annex, 1216 West Robert Bush Dr., South Bend, WA 98586.

DESCRIPTIVE TITLE: PROPOSED ORDINANCE NO. 6A – AN ORDINANCE RELATING TO THE GOVERNING OF FOOD ESTABLISHMENTS.

SECTION BY SECTION SUMMARY:

Section 1: Purpose and Applicability

Section 2: Administration

Section 3: Definitions

Section 4: Food Establishment License

Section 5: Temporary Food Establishment Licenses

Section 6: Catering Operations

Section 7: Inspections

Section 8: Examination and Condemnation of Food

Section 9: Food Worker Cards

Section 10: Suspension of Licenses

Section 11: Waiver of Code Provisions

Section 12: Administrative Hearings

Section 13: Penalties and Enforcement

13.1 A person who violates the provisions of this Ordinance or who fails to comply with any of its requirements shall be subject to the procedures and sanctions set forth in Board of Health Ordinance No. 1, or any amendments thereto.

13.2 In addition to the civil penalty provisions provided in Board of Health Ordinance No. 1 or any amendments thereto, any person who violates any of the provisions of this Ordinance is guilty of a misdemeanor, and each day or portion thereof during which a violation is committed, continued, or not permitted shall constitute a separate offense. The penalty for each violation is a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days or both. The principles of liability contained in Chapter 9A.08 RCW, including, but not limited to, liability for conduct of another shall apply to the enforcement of this Ordinance as shall all judicial interpretations thereof.

13.3 When a Court determines that a person has committed a civil infraction under this Ordinance and Ordinance No. 1, or any amendments thereto, Pacific County may collect penalties, assessments, costs, and/or fines by any procedure established for the collection of debts that are owed to the County.

13.4 Any disposition of a violation pursuant to this Ordinance and Pacific County Board of Health Ordinance No. 1, or any amendments thereto, shall not absolve a person from correcting or abating a violation and shall not prevent the prosecuting authority from pursuing criminal prosecution, other civil action including, but not limited to, injunctive relief, license revocation, and abatement, or all of the above. If Pacific County prevails in a separate civil action, the Court may award the County reasonable costs including, but not limited to, the costs of the responsible officials’ time, witness fees, attorney fees, court costs, and the costs to the County of abatement or of enforcement of an injunction, or both.

13.5 Any or all of the remedies articulated in Section 13 PENALTIES AND ENFORCEMENT may be used by the Board of Health to enforce this Ordinance. Nothing contained in this Ordinance shall prevent the Board of Health from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 14: Savings and Severability

Section 15: Effective Date & Repeal of Prior Food Service Establishment Ord. 6

At the conclusion of the hearing, the Pacific County Board of Health may adopt, modify, or reject the proposed Ordinance, or may take other appropriate action. All interested persons are invited to attend this hearing and be heard. Written comments are encouraged. Written comments may be mailed to the Pacific County Board of Health, P.O. Box 187, South Bend, WA 98586. The full text of the proposed Ordinance is available at the Pacific County Department of Community Development, 1216 West Robert Bush Drive, South Bend, Washington, or by calling (360) 875-9356, or (360) 642-9382. This proposed Ordinance will be mailed without charge upon request. The facility in which the hearing will take place is considered barrier free and accessible to disabled persons.

Clerk of the Board of Health

Published February 14, 2007

Legal No. 049