G62-85 (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of the Elgin Municipal Code, 1976, as amended, be and are hereby repealed.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
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