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HomeMy WebLinkAboutG62-85 (1"` Ordinance No. G62-85 ( AN ORDINANCE AMENDING CHAPTER 9.04 OF THE ELGIN MUNICIPAL CODE, ENTITLED HEALTH AND SANITARY REGULATIONS WHEREAS, the City of Elgin has a population of more than 25,000 and is a home rule unit within the meaning of Section B of Article 7 of the Constitution of I 970; and WHEREAS, subject to the limitations of said section, the City of Elgin may exer- cise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the health and sanitary condition of food establish- ments is within the government and affairs of the City of Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to amend certain provisions of the health and sanitary regulations of Chapter 9.04 of the Elgin Municipal Code, I976, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Sections 9.04.010, 9.04.020, 9.04.030 and 9.04.040 of Chapter 9.04 of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed. Section 2. That Section 9.04.010 entitled "Unwholesome Food or Drink" be and is hereby added to Chapter 9.04 to read as follows: "9.04.010 Unwholesome food or drink. It is unlawful to sell or offer for sale any unwholesome food or drink of any kind in the city. Wholesome shall mean in sound condition, clean, free from adulteration or spoilage and otherwise suitable for use as a human food or drink." Section 3. That Section 9.04.020 entitled "Adulterated food or drink" be and is hereby added to Chapter 9.04 to read as follows: "9.04.020 Adulterated food or drink. It is unlawful to sell any adulterated food or drink of any kind in the city. Adulteration shall mean the condition of a food (a) if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; (b) if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulations, or in excess of such tolerance if one has been established; (c) if it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption; (d) if it has been processed, prepared, packed or held under unsanitary conditions, whereby it may have been rendered injurious to health; (e) if it is in whole or in part the product of a diseased animal, or in an animal which has died otherwise than by slaughter; or (f) if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health." Section 4. That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 12, 1985 Passed: August 12 , 1985 Vote: Yeas 6 Nays o Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk 1 •