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HomeMy WebLinkAboutOrdinance #1569 ORDINANCE NO. 1569 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHAPTER 36 ESTABLISHING REGULATIONS FOR MOBILE XRAY UNITS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 36 , being Sections 3601 through 3607 , to read as follows : CHAPTER 36 ARTICLE 360 MOBILE XRAY UNITS 3601. DEFINITIONS . Mobile Xray Unit means any Xray generator which is , or can be used for the purpose of making medical diagnostic photoflurographic films of persons , and which is installed in or upon a motor vehicle or trailer so that it may be transported from place to place . Mobile Xray Operator means any person or other entity, who owns or legally possesses , or operates a mobile Xray unit . 3602 . SCOPE . All mobile Xray units shall comply with the requirements of the Radiation Control Law, Division 20 , Chapter 7 . 6 , California Health and Safety Code, together with regulations enacted pursuant thereto . 3603 . INVESTIGATION. Any person or entity desiring to operate a mobile Xray unit within the City of Huntington Beach shall make application to the County Health Officer on forms prescribed by him for issuance of a license . The County Health Officer shall cause to be conducted an investigation of said applicant for a license to determine , among other things , the following items of information: 1 . (a) That said unit has a valid state registration as provided by Division 20, Chapter 7 .6 , California Health and Safety Code (b ) That said applicant has complied with applicable laws , ordinances, and regulations including those relating to the reporting to the Health Officer of abnormal Xray findings pursuant to regulations of the State Department of Public Health. (c ) That the proper public notices , as required by state law, regulations enacted pursuant thereto, and local ordinances , have been posted in or upon the mobile unit. (d) The location and mailing address of all film files to be maintained by said mobile unit as hereinafter provided. (e) The applicant and his specified personnel are qualified by reason of training and experience to operate a mobile Xray unit in such a manner as to provide reasonable assurance of protection to health, life and property . (f) The applicant ' s equipment , facilities , proposed uses and procedures are such as to provide reasonable assur- ance of protection to health, life and property. (g) Such other information as shall be required by the County Health Officer. 3604 . LICENSE . No license shall be granted, renewed or reinstated unless the County Health Officer determines, upon completing his investigation, that the mobile Xray unit is , or can be, operated in compliance with applicable laws , ordi- nances , and administrative regulations, and in a manner not detrimental to the health of the patrons , employees and the general public and all operations of mobile Xray equipment have been certified by the County Health Officer to operate same . Licenses may be granted at any time during the year, but all licenses shall expire at the end of the calendar year . No mobile Xray unit shall be operated unless the operator thereof has been licensed as hereinbefore provided. No mobile Xray unit shall be operated by any person other than the applicant or the persons specified in his license . 3605 . CONDITIONS OF OPERATION. All mobile Xray units shall be operated so as to comply with the following conditions : (a) No person under the age of fifteen (15) years is to 2 . be Xrayed unless such person has had a positive tuberculin skin test and presents a written statement , signed by a licensed practitioner of the healing arts , showing the method and the date of such positive skin test . A sign shall be posted in a prominent location of the mobile Xray unit stat- ing that no person under the age of fifteen (15) years is to be Xrayed unless such person has had a positive tuberculin skin test . (b) No pregnant woman shall be Xrayed in a mobile Xray unit unless so ordered in writing by a licensed practitioner of the healing arts A sign shall be posted in a prominent location on the mobile Xray unit stating that no pregnant woman shall be Xrayed. (c) The mobile, Xray operator shall require all persons , before being Xrayed, to complete an informal form showing the name, age, sex, address , telephone number, the person ' s physician' s name and address , if a female, whether pregnant , if under fifteen (15) years of age , whether the person has had a positive tuberculin skin test , and the date of such test . (d) All Xray films shall be retained by the operator for at least ten (10 ) years . Each patient shall receive from the mobile Xray operator a report of his Xray findings within thirty (30) days . , Every thirty (30) days , the operator shall submit to the Health Officer a report of the total number of Xray films taken during the preceding calendar month. (e) The mobile Xray operator shall make Xray films available for use by the physician of the person Xrayed, pro- vided said person gives his consent in writing. The operator may make a reasonable charge for such service . (f) A sign shall be posted in a prominent location on the mobile Xray unit stating essentially the following: "A chest Xray film is a useful aid to the physician in diagnosing chest disease . It is not a complete examination. See your family doctor for an examination at least once a year . " The County Health Officer shall have the right to determine the location, size, and wording of all required signs . (g) The mobile Xray operator shall give the County Health Officer notice at least fourteen (14) calendar days in advance concerning proposed dates , times, and places of use of the unit . All such information will be forwarded by the County Health Officer to the City of Huntington Beach. 3 . (h) . The name and address of the mobile Xray operator erator shall be plainly printed on each side of the exterior of the vehicle or trailer in letters at least three (3) inches high. The name and address of the mobile Xray operator shall appear on all forms , letters , pamphlets_or_ ther;,pr.inted matter used in conjunction with the unit . Neither sign nor printed matter shall contain any statements expressed or implied that the j mobile Xray unit is associated with any health department or other public or private health agency . (i) The mobile Xray operation shall comply with all applicable city ordinances and resolutions while operating within the City of Huntington Beach. 3606 . SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this article, or any future amend- ments or additions thereto, is for any reason held to be in- valid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this article , or any future amend- ments or additions thereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence , clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections , sub- sections, clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 2 . This ordinance shall take effect thirty days from its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of -_April 1970 . 4 �-/ l/. ATTEST: Mayor City k APPROVED AS TO FORM: City Att ey 4. Ord. Mo. 1569 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of March, 19 70 , and was again read to said City Council at a regular meeting thereof held on the 6th day of April , 1970 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California f, pAUL C, jMES, CITY CLERK of the City of Huntlnon Beach and ex-officio Clerk of the CRY Coun6l, do hereby certify that this ordinance has bee ublished in the Huntington Beach News on ------- ............19 In rdance with the City Charter of sM M6 M;x"CW am