HomeMy WebLinkAbout941185 AR2y16bS9 EMERGENCY ORDINANCE NO. 181-A
IN THE MATTER OF EXTENDING THE TIME FOR PRECAUTIONS TO BE USED BY FOOD
HANDLERS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering
the affairs of Weld County, Colorado, and
WHEREAS, pursuant to the Weld County Home Rule Charter, the Board of County
Commissioners acts as the Weld County Board of Health, and
WHEREAS, pursuant to C.R.S., Section 25-1-506(1)(b) and (c), the Weld County Health
Department, through its health officer, has issued an order pertaining to the prevention of the spread of
communicable disease and establishing measures necessary for the protection of the public health, and
WHEREAS, the Weld County Board of County Commissioners, pursuant to C.R.S., Section
25-1-507(1)(d), has authority to issue orders the Board may deem necessary for the proper exercise of
the powers and duties vested in the County Department of Health, and
WHEREAS, in Ordinance No. 181, the Weld County Health Department had determined that a
large number of food service workers may have been exposed to Hepatitis A, which causes a food-borne
illness; as a result those workers may have been infected with or have been incubating the virus.
Specific measures to identify and passively immunize exposed food service workers will be insufficient
to prevent further cases without the requirement of an order and this Ordinance, and
WHEREAS, at a meeting of the managers, operators, and owners of food service establishments
in Weld County, Colorado, with the Weld County Health Department on September 29, 1994, the
industry expressed support for the imposition of what is commonly known as a "glove order", in a form
similar to this Ordinance, to prevent any further spread of food-borne illness and to maintain the
confidence of the public in the safety of food from food service establishments, and
WHEREAS, managers of food establishments were notified by mail December 1, 1994, that the
Weld County Health Department is recommending an extension of the glove order, and
WHEREAS, the Weld County Health Department has advised the Board that one to two cases
per week continue to be reported and a confirmed case involving a food handler was reported the week
of November 28, 1994, and
WHEREAS, immediate adoption of this Ordinance is imperative for the preservation of public
health, safety, and welfare, as the time necessary to adopt this Ordinance under the normal process
would delay the adoption of these preventative measures for an additional four to five weeks.
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Weld County CO Clerk & Recorder 0.00
ORDINANCE NO. 181-A
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the Weld County Board of Commissioners that:
1. Scope: This Ordinance applies to all restaurants, caterers, delicatessens, and retail food
establishments (collectively known as "food establishments") in Weld County, Colorado.
2. Precautions:
A. Managers of food establishments shall actively reinforce proper hand washing
techniques for food service workers.
B. Gloves shall be donned or changed and hands shall be thoroughly washed with
soap and warm water and dried on disposable towels before preparing foods,
after toileting, and at any time gloves or hands may be contaminated by urine,
feces, saliva, or mucous.
C. All food service workers who touch or handle foods, ice, or condiments for drinks
(such as fruit) shall wear impermeable gloves, use tongs, or use other suitable
food handling utensils during food preparation.
D. All food service workers who touch or handle cooked foods which will not be
further cooked prior to serving shall wear impermeable gloves, use tongs, or use
other suitable food handling utensils to handle such foods.
E. All managers of food establishments shall exclude from work any food service
worker experiencing abdominal, intestinal, or diarrhea) illness or jaundice until a
physician certifies the worker is free of communicable disease.
3. Effective Date: This Ordinance shall be effective immediately and shall continue until
such time as the Board of County Commissioners, upon the recommendation of the
Health Officer, believes special precautions are no longer necesssary. Violations which
occurred pursuant to the terms of Ordinance No. 181 shall continue to be subject to
enforcement under the terms of Paragraph 4 herein.
4. Enforcement:
A. Injunction. This Ordinance may be enforced civilly by means of an injunction or
nuisance action to enforce the terms of this order.
B. Criminal Violation. Pursuant to C.R.S., Section 25-1-514, it is a violation to
wilfully violate, disobey, or disregard the provisions of this Ordinance and any
person, association, or corporation, and the officers thereof, who violate any
provision of the order may be found guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than $1,000 or by imprisonment
in the County Jail for not more than one year, or by both such fine and
imprisonment. In addition to such fine and imprisonment, he shall be liable for
any expense in removing any cause of sickness. Conviction under the penalty
provisions of this Ordinance or any other public health law shall not relieve any
person from any civil action and damages that may exist for an injury resulting
from any violation of the public health laws.
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ORDINANCE NO. 181-A
PAGE 3
BE IT FURTHER ORDAINED by the Board that no portion of this Ordinance shall be deemed
to have given rise to a duty of care on the part of Weld County or its public employees, as defined at
C.R.S., Section 24-10-103(4), where none otherwise existed nor shall any portion of this Ordinance be
deemed to constitute a waiver of immunity by Weld County or its public employees.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or
more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be
unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board that an emergency exists; therefore, this Ordinance
is declared to be an Emergency Ordinance under the provisions of Article III, Section 3-14(6), of the
Weld County Home Rule Charter.
The above and foregoing Ordinance Number 181-A was, on motion duly made and seconded,
adopted by the following vote on the 7th day of December. A.D., 1994.
ATTEST: kliaitili BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board fky N .✓ Lc./ tifi-'l
. H. Webster, hai n
BY: 2 � ��atiz
Deputy Clerk to the Board _. Dale . all, Pro-T
l
APPR VF AS TO FORM, s F
Ge�or . Baxter
C ty Attorney Cortance L. Harbert
,/Barbara J. Kirkmeyer `/
7
Read: December 5, 1994, Continued to December 7, 1994
Read and Approved: December 7, 1994
Published: December 15, 1994, in the Windsor Beacon
Effective: December 1, 1994, through January 4, 1995
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orders w Bpw yip,may r
issue M at any time gloves or
deem neseawry M the kende may be contaminated
proper exists d the pow- by urine, feces, saliva, or
ea end dulls waded la the mucous.
County Depeeene l of
-Meath;and - . C.All food service workers
who touch or handle foods.
WHEREAS. in Ordinance ice,or condiments for drinks
No. 181. the Weld County^ (such as fruit) shall wear
Health Department had impermeable gloves, use AFFIDAVIT OF PUBLICATION
determined that a large num- tongs,or use other suitable
ter of food service waken food handling utensils during
my have been exposed to food preparation. STATE OF COLORADO
Hepatitis:A,which causes a SS
food-result
those illness;
m a who toouch or handle cooked COUNTY OF WELD
Ms been infected with or foods which will not be fur-
have been We. Specificccmeasurre the shall ther cowweararprior to Impermeable I, ROGER A. LIPKER, of said County of Weld, being duly+
Heftily and passively I mmu- gloves, use tongs, or use
•
tae exposed food service other suitable food handling sworn,say that I am publisher of
wakes will be insufficient to utensils to handle such
preventfuther cases Shout foods. WINDSOR BEACON
the requirement of an order
and this Ordinance,and E. All managers of food . -
estebllshmanaanallexowa WIERFJIB,at a meeting of from work any food service a weekly newspaper having a general circulation in said
Jthe managers, operators, worker experiencing WSW County and State, published in the town of WINDSOR, in
and owners of food service nal,intestinal,or Manisa le said County and State; and that the notice, of which the
establishments in Weld ness or jaundice until a
County Colorado. with the physician certifies the worker annexed is a true copy, has been published in said weekly
Weld County Health is free of communicable de- for / successive weeks, that the notice was
Department on September ease.
20, 1294, the industry published in the regular and entire issue of every number of
wpressed support for the 3. Eft siva 11W Tate the r during theperiodand time of publication, and in
Imposition.of what is com- Ordinance shall be selective paper
many known as a 'glove immediately and shall condo- the newspaper proper and not in a supplement, and that
order, in a form similar to ue until such time es the the first publication of said notice was in said paper bearing
this Ordinance, to prevent Board of. Courtlyany turner spread of Commissioners, upon w the date of the p //
food-borne illness and to recommendation of w / day of /2.4,,i-.E�-1 A.D., 19 qt and the
maintain the confidence of Health Officer,believes ape-
the public in the safely of vial precautions ere no last publication aring the date of the
food from food service estab- longer neaeeasary day of A.D-, 19_ and that
Ilshmena,and Violations which occurred _
pursuant to the terns of the said WINDSOR BEACON has been published
WHEREAS, managers of Ordinance No.18f shall con- continuously and uninterruptedly for the period of 5
food establishments were tinue to be sWfect to
Steed by•rnell December 1. enforcement under ifielerma consecutive weeks, in saki "aunty and State, prior to the
1�tha Weld County of Paragraph 4 herein. date of first publication of sat:, notice, and the same is a
mending en extension of the 4. mfa cement newspaper within the meaning of an Act to regulate printing
ImgarruL yggi glow order,and Alpjppggpp. This Ordnance of legal approved May notices and advertisements, a roved 18,
may be enforced oily by
• WHEREAS the weld means of an injunction or 1931, and all prior acts so far as in force.
IN THE HATTER OF Catmy Health Department nuisance action to educe /'
EXTENDIN® THE TIME has advised the Board that the terms of this order.
FOR PRECAUTIONS TO one to two cases per week ���
BE USED BY FOOD HAN- continue to.be reported and &Criminal .,Seat ,, ,^
DLERS a confirmed case rt a Pursuant to C.R.S.,Sedan
food handler was reported 25-1-514,it is a WSW to ,PyB ISHER
In R ORDAINED BY THE the week of November 28, Sully violate, disobey, e ✓
BWIQ OF COUNTY COM- 1994,end disregard the provisions d �
HIrBSI day of
Oman OF WELD,STATE WHEREAS Immediate son,association,or corpora- ` � 19 c/f/
OF OOlDRA0O: adoption of this Ordinance is lion,and the officers thereof, °C�''�� o
imperative for the preserve- who violate any seen of
NOIEAS; the Board of tion of public health,safety, the order may be found gully p/j J17 A 4-1 11-131-'1
,Calm Z�OW ,Colorado,pun
of end welfare,as the time nec- of a misdemeanor wet fpmWOW
�t.I.Jr_'�
" essary to adopt this conviction thereof, Sr be OTARY PUBLIC
sent to Ctilorado statute Ordinance under the normal punished by a far d not
end the Weld County Home process would delay the more than $1,000 or by ,
R Casket is vested with adoption of these prevents- imprisonment in w County My •commission expires �, -�`l -r9 •
Pa seeriry w d administering five measures for an eddl- Jail for not more than we r.
County, tonal lour to five weeks. year. or by both in, ter
Csfamd ,and and imprisonment. N add-
NOW,THEREFORE,BE IT lion to such fine and'mere-
SAS,pursuant to the ORDAINED by,the Weld onment,he shall be liable for
Wald County Home Rule County Board of any expense in removing any
Owlet.the Board of County Commissioners that: cause of sickness.
Cenedeegners acts as the Conviction under the penalty
Wed County Board of 1....Epge: This Ordinance provisions of this Ordinance
Nsa,end. applies to all restaurants, or any other public health law
caterers.delicatessens.and shall not relieve any person
W/BIMAS. pursuant to retail food establishments from any civil action and
C.R.B.. Section (collectively known as'food damages that may exist for
2F1-g01(1)ft)and(c),the establishments') in Weld an injury resulting from any
Weld Copnty Health County.Colorado. violation of the public health
Degartment, through its laws.
hwaM Ober'has Issued an 2.Precautions'
order pertaining to the pre- A. Managers of food.esteb- BE IT FURTHER
vsleen d the spread of dorm- lishmers shall actively rein- ORDAINED by the Board
muntetlte disease and force proper hand washing that no portion •of this
eslabMag measures net- techniques for food service Ordinance shall be deemed
eves for the protection of worker. to have given rise to a duty of
the public health,and care on the part of Weld
B.Gloves shell be donned or County or its public employ-
WHEREAS,' the Weld changed enflame sill be eat as defined at:CRS.,
tOallteltda of CS* deemughy s..rm.seep Section 24-10-10344).
Wand to end wrm we and dried on where none otherwise MH-
C:R6, Motion 20.1- disprellible lows Odom ad nor shat any portion of
507(1)(d), IS storey to preparing foods.MS loath- the Ordinance be deemed to 9411:75
verbose a rawer el raw-
mt by WsId Court or r
parr evnf>tt.es.
DE IT MIRTIIER
ORDAINED by the Board,If
any section, subsection,
paragraph,sentence,clause,
ar phrase of this Ordinance is
for any reason held erleN0-
ed to be unconelludo sl,
such decision shall aesMal
the validity of the rornkrkg
portions hereof. 'Ms Mod
of County Commissioners
hereby declares the t would
have eneded this Cesrnos
in each and every melon,
subsection, peraguph,sen-
tence, clause, and pane
thereof Irrespective of the
fact that'.any one es more
sections,,subsection,para-
graphs, sentence.,crusty,
or phrases might bederw
to be unconnsilbibW er
invalid.
BE IT esIRTNER
ORDAINED by es Ewe
that an emergent aeon:
therefore,this Oidrion.e r
declared to bs an
Emergency On:linens,undo
the provisions of Arica IN,
Section 3-11(8),d the Wait
County Home Rule Cheer.
The sate and rrpolng
Ordelvw Number 1e1-A
S. on motion duly made
and wosided, adopted by
the kioMg vote on the 7th
der M December. A.D.,
aWa
BAND OF COUNTY COI/.
MISSIONERS
WELD COUNTY. COL-
ORADO
W.M.Webster,Chairman '
Dale K Hall,Pro-Tem
Oange E.Baxter
Ceramics L Harbert
Deb=J.Kbkmter
ATTEST.Donald D.Warden,
Wee County Clerk to the
BY:Gael A.Harding,Deputy
Clerk to the Board
APPROVED AS TO FORM:
Bruce Barker, County
Attorney
Read: December 5, 1994,
Continued to December 7,
1994
Reed end Approved:
December 7,1994
Published: December 15,
1994,in the Windsor Beacon
Effacers:December 1,1991,
through Jemmy 4.left
►riEMW Ai Me Modem
MONO as Deaerefwr 13.,,
1e t
941185
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