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TITLE VII HEALTH AND SANITATION CHAPTERS: TITLE VII
HEALTH AND SANITATION

CHAPTERS:

7-1: EATING AND DRINKING ESTABLISHMENTS
7-2: MANDATORY SANITATION SERVICE

7-3: REGULATION OF SMOKING

7-4: SANITARY LANDFILL

7-5: PROPERTY MAINTENANCE

7-6: URINATING AND DEFECATING IN PUBLIC




































TITLE VII Page 1 CHAPTER 7-1: EATING AND DRINKING ESTABLISHMENTS

SECTIONS:

7-1-1:
DEFINITIONS:
7-1-2:
HEALTH EXAMINATIONS:

7-1-3:
EMPLOYERS:

7-1-4:
RIGHT OF ENTRY:

7-1-5:
APPLICABILITY OF STATE LAW:

7-1-6:
CIVIL VIOLATION:




7-1-1: DEFINITIONS:

A "public eating or drinking place", as defined in this Chapter, shall mean and
include every restaurant, lunchroom, tearoom, soda fountain, buffet, grillroom,
lunch counter, sandwich stand, dining room, hotel coffee shop, club and every
other place where food or drinks are sold, to be consumed on the premises, and
all kitchens, commissaries and other rooms appurtenant thereto or connected
therewith. (Ord. 345, 10-13-36)

7-1-2: HEALTH EXAMINATIONS:

Every person connected with a public eating or drinking establishment or any
person whose work brings him in contact with the handling, distribution or sale of
food or food products, drinks, utensils, containers or equipment shall, prior to
such contact, and each twelve (12) months thereafter, have passed a medical
examination, including a chest x-ray made by the Health Officer, or by a licensed
physician approved by the Health Officer. The cost of this examination including
such chest x-ray, shall be four dollars ($4.00), or actual cost, whichever is
greater, which shall be paid at the time of the examination, and shall entitle the
food handler to a health certificate, provided the health examination proves
satisfactory to the Health Officer. At his discretion, the Health Officer may accept
the report of a chest x-ray from a competent radiologist which is not over six (6)
months old, and the charge for this examination shall be one dollar ($1.00). (Ord.
878, 1-27-69)

7-1-3: EMPLOYERS:

It shall be unlawful for any person to use or employ any food or drink handler
who does not have a valid health certificate signed by the Health Officer. The
employer using or employing any food or drink handler shall be required to have
at all times available for inspection by any duly authorized officer of the Health
Department a valid health certificate for each employee of his establishment.
TITLE VII Page 2 It shall be unlawful for any food or drink handler who becomes afflicted with any
communicable disease while employed in a public eating or drinking place to
continue such employment knowing that he is so diseased. (Ord. 345, 10-13-36)

7-1-4: RIGHT OF ENTRY:

The Health Officer, or any duly authorized officer of the Health Department, shall
have the right, at all reasonable times, to visit public eating or drinking
establishments or other places where food or food products are handled,
distributed or sold, to inspect the same and determine whether or not the
provisions of this Chapter are being complied with. (Ord. 878, 1-27-69)

7-1-5: APPLICABILITY OF STATE LAW:

The provisions of this Chapter shall be in addition to all provisions contained in
Title 36, Arizona Revised Statutes, and to all rules and regulations promulgated
by the Arizona State Board of Health pursuant to said Title 36, as said provisions
and rules and regulations pertain to the persons and establishments subject to
this Chapter. (Ord. 757, 4-66)

7-1-6: CIVIL VIOLATION:

Violation of any provision of this Chapter shall be a civil violation and shall be
subject to the provisions of Section 1-3-2 for each day that the violation
continues. (Ord. 2102, 8-8-89)





















TITLE VII Page 3
CHAPTER 7-2: MANDATORY SANITATION SERVICE

See Title II, Chapter of this code
(Rep. by Ord. 4451, 1-25-2005)









































TITLE VII Page 4

CHAPTER 7-3: REGULATION OF SMOKING

SECTIONS:

7-3-1: PURPOSE:

7-3-2:
DEFINITIONS:

7-3-3:

PROHIBITION AND REGULATION OF SMOKING IN CITY
OWNED FACILITIES:

7-3-4:
PROHIBITION OF SMOKING IN ENCLOSED PLACES:

7-3-5:
WHERE SMOKING IS NOT REGULATED:

7-3-6:
EMPLOYEES:
7-3-7:
POSTING REQUIREMENTS:
7-3-8:
ENFORCEMENT AND PENALTIES:

7-3-9:
EFFECTIVE DATE:




7-3-1: PURPOSE:

Since the smoking of tobacco or any plant is a positive danger to the health and
a material annoyance, inconvenience, discomfort and a health hazard to those
who are present in confined spaces, and in order to serve the public health,
safety and welfare, the declared purpose of this chapter is to restrict the smoking
of tobacco or any plant within enclosed places, in particular, public places and
places of employment. (Proposition 200, 11-12-2003)

7-3-2: DEFINITIONS:

The following definitions shall apply in the interpretation and enforcement of this
chapter:

BAR: An area devoted primarily to alcoholic beverage service to which food
service is only incidental.

DESIGNATED SMOKING AREA: Any area outdoors, which is outside of any
enclosed public place and removed from building entrances and exits. Any
designated smoking area must be so situated as to allow nonsmoking individuals
to conduct normal activity in a smoke free environment.

EMPLOYEE: Any person who is employed by any employer for direct or indirect
monetary wages or profit.

EMPLOYEE WORK AREA: Any areas within a place of employment, which
share a common ventilation, heating or air conditioning system.
TITLE VII Page 5
EMPLOYER: Any person or entity employing the services of an employee.

ENCLOSED PUBLIC PLACE: Any area closed in by a roof and walls with
openings for ingress and egress that is available to and customarily used by the
public. Enclosed public places governed by this chapter shall include, but not be
limited to, public areas of grocery stores, waiting rooms, public and private
schools, doctors' office buildings, community centers, childcare centers, public
restrooms, all indoor facilities, restaurants, cafeterias, bars, sports bars, bowling
alleys, billiard halls and other places currently used by the public.
A private residence is not a "public place".

PLACE OF EMPLOYMENT: Any enclosed area under the control of a private or
public employer. A private residence is not a "place of employment".

SMOKE OR SMOKING: As defined in this chapter, includes the:

(A) Carrying or placing of a lighted cigarette or lighted cigar or lighted pipe or
any other lighted smoking equipment in one's mouth for the purpose of
inhaling and exhaling smoke or blowing smoke rings;

(B) Placing of a lighted cigarette or lighted cigar or lighted pipe or any other
lighted smoking equipment in an ashtray or other receptacle, and allowing
smoke to diffuse in the air; or

(C) Carrying or placing of a lighted cigarette or lighted cigar or lighted pipe or
any other lighted smoking equipment in one's hands or any appendage or
devices and allowing smoke to diffuse in the air. (Proposition 200, 11-12-
2003)

7-3-3: PROHIBITION AND REGULATION OF SMOKING IN CITY OWNED
FACILITIES:

(A)
All enclosed public places, places of employment and employee work
areas owned, leased or operated by the city shall be subject to this
chapter.

(B)
Smoking is prohibited in all shared vehicles and enclosed public places,
places of employment and employee work areas owned, leased or
operated by the city. (Proposition 200, 11-12-2003)

7-3-4: PROHIBITION OF SMOKING IN ENCLOSED PLACES:

No person shall smoke in any enclosed public place or place of employment
except outdoors in designated smoking areas. (Proposition 200, 11-12-2003)

TITLE VII Page 6 7-3-5: WHERE SMOKING IS NOT REGULATED:

Notwithstanding any other provisions of this chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this chapter:

(A)
Private residences.

(B)
Bars (exempt for 2 years from the effective date of this chapter).

(C) Hotel and motel rooms rented to guests, which are on a separately
partitioned ventilation system.

(D) Retail stores that deal primarily in the sale of tobacco products and
smoking paraphernalia.

(E)
On stage smoking as part of stage production, ballet or similar exhibition.

(F) Conference/meeting
rooms and private meeting rooms while these places
are being used exclusively for private functions.

(G) Private clubs and recreation facilities that do not serve the public or
charge the pub