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HomeMy WebLinkAbout1121• Et ORDINANCE NO. 1121 AN ORDINANCE relating.to places of refuge,. defining such 2 places, requiring a license for the operation thereof, providing 3 for the inspection and approval of such places, adopting certain 4 'Iregulations, providing for appeals and declaring an emergency. 5 f THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN 6 4 AS FOLLOWS: 7 1 Section 1. That for the purpose of this ordinance, unless 8 otherwise provided, words and phrases shall have the following 9 :meaning: 10 (a) The term "place of refuge" shall mean any hospital, 11 'asylum, alms house, building or dwelling for housing the aged, 12 iinfirm, imbeciles, children or delinquents wherein three or more 13 persons . not related by blood or marriage to the householder, owner, 14 operator or manager thereof are lodged or boarded more than fifteen 15 days in any calendar month provided that the term shall not include 16 any hospital approved by the American College of Surgeons or the 17 American College of Physicians. 18 (b) The term "license" shall mean a certificate issued by 19 .the City of Port Angeles authorizing the holder to maintain and to 20 advertise the maintenance of a place of refuge as defined herein 21 subject to the conditions and regulations under which the license 22 Os issued. 23 (c) The term "person" shall mean any individual, firm, 24 1 co-partnership or corporation, 25 (d) The term "City Health Officer" shall mean the city health 26 officer of the City of Port Angeles and the term "Fire Chief" shall 27' mean the chief of the fire department of the City of Port Angeles. 28 Section 2. No person shall.maint1n or operate or advertise 29 the maintenance or operation of any -place of refuge in the City 30 of Port Angeles without applying'for and receiving from the city 31 commission a license for the operation of a place. of refuge or 4 • • 1 having applied for and received such license, without having said 2 license currently valid and in effect. 3 II Section 3. No person shall be issued a license to maintain, 4 ` operate or advertise the maintenance or operation of a place of 5 � refuge without having filed an application therefore in writing 6 on forms provided by the City of Port Angeles accompanied by an 7 1 annual license fee of two dollars (2.00) nor shall any such 8 license be issued until the applicant shall have complied with the conditions and regulations hereafter. imposed or promulgated. All 10 licenses issued hereunder shall ex re on June 30 next following 11 the date of issuance and,shallbe subject to renewal on or before 4 • 12 :'July 1st of each year. Application for a license or for the 13 f renewal thereof shall be filed with the city clerk ,and said license R 14 shall be issued by the clerk upon approval of the application at 15 a regular meeting of the city commission. 16 Section 4. Upon the filing of an application with the city 17 clerk the same shall be referred to the city health officer and the 18 fire chief. and they shall endorse thereon their recommendations 19 for the approval or rejection of said application following an 20IJinspection of the premises as hereinafter provided. The city 21 commission shall have authority to revoke a license after having ,22 caused the same to be issued upon finding that the premises for. 23 which said license was issued is not maintained in accordance with 24 the regulations hereafter provided. 25 Section 5. The city commission shalt deny, or, having issued, 26 shall revoke the license of any place of refuge which it finds 27 through the inspection of the city health officer or the fire chief 28 or its own investigation is not in compliance with the conditions or 29 regulations hereinafter provided. The city commission shall notify 30 the applicant or licensee of its action setting forth its reasons 31 •.1 therefore and defining the conditions to be met or remedied before • • 1 a license shall be issued, renewed or validated. Any license 2 revoked by the city commission shall be surrendered by the licensee 3 to . the city commission and may be re-- issued or renewed only upon 4 !proof of compliance and the payment of a fee of two dollars ($2.00). 5 ^' Section 6. The building code of the City of Port Angeles 6 and such fire regulations as now exist or hereafter adopted by 7 the city commission shall be applicable to all places of refuge. 8 "All places of refuge shall be operated in a sanitary and safe 9 condition for . the health of the occupants thereof and the rules 10 and regulations of the State Department of Public Health, the 11 County Health Department and the State Fire Marshal relating or 12 i1applicable to places of refuge are adopted by reference as a part 13 of this ordinance and Shall have the same force and effect as if 14rthey were recited herein. 15'' Section 7. No city health officer or fire chief shall approve 16 for licensing or for continued maintenance or operation any place 17 of refuge which, upon inspection, is found to be in violation of 18 any provision of this ordinance or regulations promulgated or 19 adopted under it. 20 'I Section 8. Any owner, operator or manager of a place of 21 refuge deeming an order of the city commission arbitrary or 22 contrary to law may demand in writing and shall receive from the 23 city commission within ten days of the receipt of such demand a 24 written order reciting the .ruling of the city commission and its 25 reasons therefore. If the oraer complained of is one denying or 26 revoking a license the written order from the city commission shall 27 set forth its finding as to conditions on the prgmises which caused 28 the denial or revocation. Within thirty days of the receipt of such 29, formal order denying or revoking such license, the aggrieved party 30 may appeal to the Superior Court of Clallam County in the manner 31 provided by law. An appeal from the Superior Court decision may be • • 1 taken to the Supreme Court as provided by law. 2 Section 9. Any person, firm or corporation who shall operate 3 or maintain or advertise the maintenance of a place of refuge with - 4 out having in force a license so to do, shall be guilty of a 5 misdemeanor and upon conviction the penalties imposed shall be 6 in addition to any other penalties provided herein. 7 Section 10. That because of the facts the adoption of this 8 ordinance is urgent and necessary for the public peace, health and safety of the inhabitants of the.c°it;y 'which emergency is declared 10 to exist and this ordinance shall take effect and be enforced from • 11 and after its passae,, approval and lawful publication. 12 ; Passed first reading by the City Commission November 24 , 1943 13 Passed second reading by the City Commission November 24 , 1943 14 Passed third reading and finally passed and adopted by the 15 City Commission December 1 , 1943. 16 1 17 Approved and signed by the Mayor December 1 , 1943• 23 1' City Clerk 29 30 31