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51
ORDINANCE NO. ~ ~/r(
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81
AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING
FOOD HANDLBIS AND BABY SITTERS AND PROVIDING FOR HEALTH
CERTIFICATES .
THE MAYOR AND COMt<<>N COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION ONE: (a) Any person who knowingly has COllllD\Uli-
cable tuberculosis, amebiasis, or salmonellosis shall not engage
or serve or seek employment in any work, occupation or employment
which requires or occasions the handling of any food, liquid, or
material intended for food or drink for human consumption, or the
handling of any dishes or other articles used in the preparation
or service of food or drink for human consUlllption, and no owner,
manager, or agent of such owner, or person in charge of any estab-
lishment or business shall retain in the employ thereof for the
performance of such services, for a longer period than thirty days
any person who does not hold and produce a health certificate as
required by this section or for any p~iod whatsoever, any person
known or reasonably believed to be in;,.l~' with communicable
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tuberculosis, amebiasis, or salmonell1l1,V'
(b) No person who knows that he has com-
municable tuberculosis, amebiasis~, or salmonellosis shall engage
or serve or seek employment in any work, occupation or employment
involving the care and supervision of a child as a baby sitter,
and no employer, parent, or person shall retain in employment for
the performance of such services, for a longer period than thirty
days, an1 person who does not hold and produce a health certifi-
cate as required by this section or for any period whatsoever, any
person known or reasonably believed to have communicable tubercu-
losis, amebiasis, or salmonellosis. The requirement for a health
certificate shall not apply to domestic or household work or to
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1 I temeorary, occasional, or intermittent functions of bona fide
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religious, charitable, or public service organizations, including
3 i fraternal organizations, veterans' organizations, established
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youth organizations, parent-teacher associations and civic or
community organizations or groups, the primary purpose of which is
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the betterment of the cultural, social, or economic welfare and
enviromnent of the community or to work involving only the iBmedi-
ate family of such person.
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SECTION TWO: Each person who is engaged or intends to
engage in an occupation or employment for which a health certifi-
cate is required in Section One shall, before or within fifteen
days after he begins such work, file with the Health Officer of
the City of San Bernardino, an application for a health certifi-
cate in such form as the Health Officer may require. Such
application must be accompanied by a signed statement of a
physician duly authorized to practice medicine in the State of
California, or a report from an organization acceptable to the
Health Officer, showing that the applicant is free of communicable
tuberculosis, amebiasis, or salmonellosis or the applicant shall
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forthwith obtain a Mantoux or PPD (intermediate) skin test for
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fuberculosis from the Health Officer.
Said report, statement or test shall show
that within the preceeding six months the applicant's induration
as reaction to said test was 6 m.m. or less in size or that the
applicant was free of said communicable diseases as determined
from a normal chest X-Ray. The Health Officer may require in
addition to or in lieu of the foregoing test or X-Ray that the
applicant undergo a stool, urine, or other examination for
Entameba Histolytica and Salmonella or other such examination or
test as may reasonably appear necessary in view of the facts and
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1 Ii circpmstances of the case evaluation.
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2\1 SECTION THREE: If the Health Officer determines from an
3 .,\1 examination of the statement or report accompanying such app1ica-
4 tion or test. or from such other evidence as he may require. that
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the applicant for a health certificate is free from communicable
tuberculosis. amebiasis. or salmonellosis. he shall immediately
issue for a fee of $1.00 a health certificate to the applicant
which shall state such fact. and which shall bear the name of the
applicant. the date of issuance. and a thumb print of the appli-
cant. Such health certificate shall expire one year after the
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date it was issued. Any person whose health in the opinion of
the H841th Officer requires further investigation may be issued a
temporary health certificate at the discretion of the Health
Officer for a period up to three months during which time an
investigation shall be carried out to determine the presence or
absence of cOlllDunicable tuberculosis. amebiasis. or salmonellosis.
SECTION FOUR: The Health Officer for good cause may
issue duplicate health certificates.
SECTION FIVE: A valid and effective certificate of
health. indicating that the applicant is free from communicable
tuberculosis. amebiasis. or salmonellosis. issued by any regularly
constituted public health department. and bearing a date of
issuance. shall be accepted. in lieu of the health certificate
issued by the Health Officer. during its penod of validity. not
to exceed one year from the date of its issuance. or it may be
rejected as insufficient.
SECTION SIX: The Health Officer may revoke any health
certificate. whether issued by htmse1f or other authority. and
require its surrender. whenever he determines that the holder
thereof has communicable tuberculosis. amebiasis. or salmonellosis.
SECTION SEVEN: Each person required to have a health
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1 cer~fic.te shall immediately submit such certificate to the
2 employer of such person. It shall be the duty of every such
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employer to keep on continuous display at the place of employment
the health certificates of all such persons employed or engaged
therein, and to display therewith a current list of all such per-
sons therein engaged or employed, for comparison with the displayed
certificates. Upon termination of employment eaeh unexpired cer-
tificate shall be returned to the holder. .
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SECTION EIGHT:
Any person, firm or corporation
violating or causing the violation of any provision of this
ordinance shall be deemed guilty of a misdemeanor punishable by a
fine of not more than Five Hundred Dollars ($500.00) or by imprison
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ment for not more than six (6) months, or by both such fine and
imprisonment.
SECTION NINE:
VALIDITY. If any section, sentence,
clause or phrase of this ordinance is for any reason held by a cour
of competent jurisdicuion to be invalid, such decisions shall not
effect the validity of the remaining portions of this ordinance.
The Coamon Council of the City of San Bernardino hereby declares
that it would have passed and does hereby pass this ordinance and
each section, sentence, clause and phrase hereof, irrespective of
the fact that anyone or more sections, sentences, clauses or
phrases be declared invalid, or unconstitutional.
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I HEREBY CERTIFY that the foregoing Ordinance was duly
ed by the Mayor and Coaaon Council of the City of San Bernar-
t a h.~.I/.6.4/ meeting thereof, held on the /,U day
. 1962, b1:Jthe follOwing vote, to wit: .
AYES: Counc1lmen?5l'~~ ~-h1-4~7 ~d
NOES: ~ ABSENT: C::~~ct~t
d~ ?:'~~
lfCity Clerk
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is hereby approved this .&'day
. f/7 The foregoing Ordinance
:' o~ ~'/Af~ .1962. oA
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Approved as to form:
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14 .JACK 'c. lTl~L;l'ON_, City ClerK
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