Explanation
This ordinance serves as the final step in the process to transfer authority previously maintained solely by the "Board of Health and the Health Commissioner" to other city agencies. The addition of the language contained in this legislation creates a new Chapter 135 that maintains the authority of the Board of Health and the Health Commissioner to promulgate rules and regulations, including the Columbus City Health Code as needed on a range of health issues. The legislation restates the original language and neither expands or diminishes previously established authority.
Title
To create a Chapter 135, "Board of Health and the Health Commissioner" consisting of six (6) sections oddly numbered 135.01 through 135.99 of the Columbus City Codes, 1959, in order to maintain the authority of the Board of Health and the Health Commissioner to promulgate rules and regulations needed to ensure the public health, safety, and welfare. and to declare an emergency.
Body
WHEREAS, this ordinance creates a new Chapter 135, "Board of Health and the Health Commissioner" consisting of six (6) sections oddly numbered 135.01 through 135.99; and
WHEREAS, this ordinance also serves as the final step in the process to transfer authority previously maintained solely by the "Board of Health and the Health Commissioner" to other city agencies; and
WHEREAS, the addition of the language contained in this legislation creates a new Chapter 135 that maintains the authority of the Board of Health and the Health Commissioner to promulgate rules and regulations, including the Columbus City Health Code as needed on a range of health issues; and
WHEREAS, the legislation restates the original language and neither expands or diminishes previously established authority; and now, therefore
WHEREAS, an emergency exists in the usual daily operations of the Columbus Health Department in that it is immediately necessary to enact these code changes in order to prevent any problems with the enforcement of the provisions of the Columbus City Health Code, thereby preserving the public health, peace, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a new Chapter 135, "Board of Health and the Health Commissioner" consisting of six (6) sections oddly numbered 135.01 through 135.99 reading as follows:
Purpose and Scope
135.01 Purpose and Powers.
The Health Commissioner is hereby duly empowered to promulgate any and all rules and regulations necessary to ensure the public health, safety, and welfare. These rules shall include the Columbus City Health Code (CCHC) and all successor documents, as amended from time to time, and all other rules and regulations promulgated through the powers vested in a Health Commissioner and the Columbus Board of Health and as designated by the Columbus City Charter, Section 127.
This Columbus City Health Code and any other rules or regulations promulgated by the Health Commissioner and the Columbus Board of Health are enacted to preserve and promote the public health, safety and welfare by means of regulations and restrictions enacted to encourage the protection of the public health.
135.03 Scope and application of provisions.
The provisions of the Columbus City Health Code and any other rules or regulations promulgated by the Health Commissioner shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare and shall be so interpreted and applied.
135.05 Severability.
The provisions of the Columbus City Health Code and any other rules or regulations promulgated by the Health Commissioner or his or her designee are considered to be severable; and if a court of competent jurisdiction holds a provision or part of a provision unconstitutional, that decision will not automatically invalidate the remainder of a provision or any other provision or part thereof.
Enforcement
135.07 Administration and enforcement of Health Codes.
The duty of administering and enforcing the Columbus City Health Code (CCHC), as promulgated through the authority vested in the Health Commissioner and the Board or Health, or any of the Columbus City Codes, 1959, is vested in the Health Commissioner and his or her designee.
135.09 Violation.
(A) No person shall violate applicable provisions of Chapter 3707 and Chapter 3709 of the Ohio Revised Code (ORC), or any order or regulation of the Board of Health or the Health Commissioner or his or her designee, made or promulgated in pursuance thereof or of Section 127 of the Columbus City Charter, including, but not limited to, the Columbus City Health Code (CCHC). No person shall obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such an order.
(B) No person shall fail to comply within twenty (20) days, with an order or regulation of the Columbus Board of Health or the Health Commissioner or his or her designee after receiving written notification of being in violation of such order or regulation. This section does not apply while an action for declaratory judgment, filed within twenty (20) days after notification of a violation and pursuant to Section 3709.99 of the Ohio Revised Code (ORC), is pending before the court.
(C) No officer of a corporation violating any above referenced codes or regulations, who has authority over the matter involved in such violation, shall permit such violation.
135.99 Penalty.
(A) Unless otherwise provided for in any promulgated rule or regulation or in the Columbus City Heath Code, whoever violates this chapter is guilty of failure to comply with the orders or regulations of the Health Commissioner or the Board of Health, a misdemeanor of the third degree. Each day of violation shall constitute a separate violation.
(B) Strict liability is intended to be imposed for a violation of this chapter.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.