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HomeMy WebLinkAboutOrdinance 2467 ORDINANCE No.AN ORDINANCE ORDINANCE PROVIDING FOR THE REGULATION AND OPERATION OF "CART HONES" IN THE CITY OF FORT WORTH, TEXAS; IZFItiNI;,G TERMS; EXCLUDING CERTAIN INSTITUTIONS FROM THIS ORDINANCE; REQUIRING A PERMIT AND PROVIDING FOR THE FORM OF APPLICATION; PROVIDING FOR THE INSPECTION OF "CARE HOMES; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR AN APPEAL; SETTING OUT CER'-�AIN SPECIFICATIONS IN REGARD TO BUILDINGS IN WHICH SUCH "CAU HOMES" MAY BE MAINTAINED; PROVIDING FOR THE REVOCATION AND SUSPENSION OF PERMITS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING X SAVING CLAUSE, PROVIDING FOR A FINE OF NOT LESS THAN TWENTY FIVE DOLLARS AND NOT TO EXCEED TWO HUNDRED DOLLARS FOR THE VIOLATION HEREOF AND MAKING EACH DAYIS VIOLATION A DISTINCT AND SEPARATE OFFENSE AND PUNISHABLE AS SUCH; AM PROVIDING THE EFFECTIVE DATE HEPIOF, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEIAS: SECTION I. The following definitions are hereby adopted and declared for the construction of this ordinance: (a) The word "person. " shall include both singular and plural and shall mean and embrace any person, firm, association, lessee, partnership, or corporation, its servants, agents, and employees. (b) The term "Care Home" shall mean any boarding home, nursing home, convalescent home, rest home, or any institution or building or group of buildings In which accommodation is maintained, furnished or offered for any fee, gift, com- pensation, reward or in expectation thereof, for the care of three or more persons who by reason of advanced age or mental or physical infirmities, or addiction to drugs or alcohol, are not capable of properly caring for themselves, or who are sixty years of age or upwards, but shall not include: (1) U.S. Government hospitals or facilities; (2) Hospitals belonging to or maintained by the State of Texas, or (3) Free clinics, dispensaries, childrens' boarding homes, maternity hospitals, or other hospitals as set out in Section 1, Article VIII of Ordinance No. 1271, City Ordinances of the City of Fort Worth, Texas. SECTION II. No person shall hereafter operate or cause to be operated aMCars Home," as da$lned herein, within tha corporate limits of the aty of Fort Worth without first obtaining and holding a permit for such operation from the Director of the Department of Public Health and Welfare of the City of Fort Worth under the provisions' of this ordinance. SECTION III. Application for a permit to operate a "Dare Home" within the City of Fort Worth shall be made in writing to the Director of the Department of Public Health and Welfare in tripXicate, and shall set forth the name and address of the applicant and of the person to be in active charge of the "Home@;. the trade name under which the applicant does or proposes to do business; the address of the proposed •Care Home"; the number of beds to be used; the experience the applicant has had in operating a "Care Home"; the type of patients to be admitted; the maxi=m number of patients to be under care at any one time; if bedfast and/or detention patients are to be under care at said *Care Home"; the maximum total number of bedfast and detention patients to be under care at any one time; the total number of personnel, including a specification of the number of attendants; and any other information that may be required by the Director of the Department of Public Health and Welfare.. Copies of the application shall be forwarded to the Director of the Department of Public Works and the City Fire Marshall, and the report of their recommendation shall be made to the Director of the Department of Public Health and Welfare. The applicant shall also submit evidence satisfactory to such Director that the applicant and operator is reputable, responsible, and of good moral character, and in the event the applicant is an association or corporation like evidence shall be submitted as to each member or stockholder thereof and as to the person in charge of the ■Care Horne." SWrION 17. If, after investigation, the Director of the Department of Public Health and Welfare finds that the staff, personnel, premises, equipment and appliances to be used in connection with the operation of the "Care Home" conform to the sanitary laws of the State of Texas, the ordinances of the City of Fort Worth and pertinent regulations promulgated by the Department of Public Works. the Fire Department, and the Department of Public Health and Welfare of the City of Fort Worth, he shall issue the permit. SECTION V. Said permit shall specify the maximum number of patients to be under care 1 of said "Care Home" at any one time. In addition, said permit shall specify the maximum total number of bedfast patients and detention patients to be under care at said 'Care Hamel at any one time. Said permit shall be displayed at all times in a prominent place in said "Care Home." Said permit shall not be transferable and shall expire one year after date of issue unless sooner revoked by the Director of the Department of Public Health and Welfare as hereinafter provided. SECTION VI. In the event the Director of the Department of Public Health and welfare shall refuse to grant a permit to any applicant hereunder, or in the event a permit -3- shall be revoked or suspended as provided herein. the action of the Director shall be final unless the applicant shall, within ten (10) days after the refusal to grant such permit or after the revocation or suspension of such permit, file a written appeal with the City Secretary, addressed to the governing body of the City of Fort Worth, requesting a hearing by such governing body on the question as to whether or not the application shall be granted or the permit revoked or suspended. The governing body shall, within thirty (30) days, grant a hearing thereon to determine the correctness of the action of the Director of the Department of Public Health and Welfare, and the decision of the governing body shall be final. SECTION VII. Buildings of wood frame construction may be used as "Care Homea' if said buildings are not mire than two stories in height and if the inside walls and ceilings are covered with incombustible material. such as plaster or gypsum board. In all 'Cara Homes• at least two outside exits shall be required from each story. Bedfast or detention patients shall be kept on the ground floor in all *Care Homes.' SECTION VIII. ~ Every •Care Home' for which a permit has been issued shall be periodically inspected by a representative of the Department of Public Health and Welfare. and inspections may be made at any time an inspection shall be deemed advisable by the Director of the Department of Public Health and Welfare. The refusal of the operator of the $Care Home' or any employee of the 'Care Home$ to permit such inspection shall be a violation of this ordinance. SECTION IX. In operating and/or maintaining any "Care Home' within the corporate limits of the City of Fort Worth, the person operating and/or causing to be operated said 'Care Home' shall comply with all applicable laws of the State of Texas, ordinances of the City of Fort Worth and pertinent regulations promulgated by the Department of Public Works or the Fire Department or the Departm�n$`od` pgDlio ' Health and Welfare of the City of Fort Worth. SECTION X. The Director of the Department of Public Health and Welfare is hereby authorized to revoke or suspend the permit issued hereunder on any of the follow- ing groundst (a) Violation of any of the provisions of this ordinance; (b) Permitting, aiding or abetting the commission of an illegal act in such institution, or v -4- (c) Conduct, practices or conditions in :alwh."are,Vie" detrlmental or �otiia'tia21k datriment*.1 to the'v*lfarb of`the=residents'-thsreef. SECTION XI. This ordinance shall be and is hereby declared to be cumulative of all other ordinances affecting the public peace, health and safety of the citizens of -XGrt Worth, and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances said conflicting provision or provisions of other ordinances shall be and they are hereby repealed. SECTION XII. Should any section, provision or part of this ordinance be declared unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void is inseparable from and indispensa- ble to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be unconstitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance. SECTION XIII. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be fined a sum of money not to be less than twenty-five dollars ($25.00) and not to exceed two hundred dollars ($200.00), and each days violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION EIW. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORMS "- 1 )� 7 r`�'/ City Attorney