Jacksonville Ordinance Code § 460.101 Short title.
Sec. 460.101. - Short title.
This Chapter and Chapters 462 through 490 shall be known and may be cited as the Health Code.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
IN GENERAL
Jacksonville Ordinance Code tit. XIII, ch. 460, pt. 1
in effectJacksonville Ordinance Code § 460.102 Definitions.
Sec. 460.102. - Definitions.
When used in the Health Code:
(a) Board means the Building Codes Adjustment Board.
(b) Department means the Public Health Unit and/or Duval County Health Department.
(c) Director means the Public Health Unit Medical Director and/or the Director of Duval County Health Department.
(d) Emergency means a sudden unexpected happening which causes a grave insufficiency of health services resulting in serious social disturbances and distress to the citizens of the City.
(e) Health Officer or Public Health Officer means the Public Health Unit Medical Director.
(f) Lavatory means a room with toilets or urinals and, unless otherwise specified, with a wash basin.
(g) Licensed physician means a person licensed and registered to practice medicine and surgery in the State.
(h) Permit means a written authorization to carry on specified activities regulated by the Health Code and includes a certificate of approval.
(i) Permittee means a person who holds a valid permit issued by the Department pursuant to the Health Code.
(j) Physician means a licensed physician, an intern or any other physician authorized to practice medicine in a hospital, City or State institution under State law.
(k) Residential area means an area zoned for residential use under the Zoning Code.
(l) Toilet means a facility for urinating and defecating which is, unless otherwise specified, water-flushed, and which connects, directly or indirectly, with a private or municipal sewage disposal system.
(m) Urinal means a facility for urinating which is, unless otherwise specified, water-flushed and which connects, directly or indirectly, with a private or municipal sewage disposal system.
(n) Washbasin means a facility for washing hands and face which is, unless otherwise specified water-supplied and which connects, directly or indirectly, with a private or municipal sewage disposal system.
(o) Wash room means a place containing washbasins.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2008-513-E, § 1)
Jacksonville Ordinance Code § 460.103 General powers of Department.
Sec. 460.103. - General powers of Department.
(a) The Department may inspect any premises, matter or thing within its jurisdiction, including but not limited to any premises where an activity regulated by the Health Code is carried on, and any record required to be kept pursuant to the Health Code.
(b) In order to determine whether the provisions of the Health Code, or the provisions of any other law or ordinance which the Department has the duty to enforce, are being complied with, the Department may investigate or authorize an investigation to be made of any matter, incident, thing, person or event within its jurisdiction.
(c) Subject to the provisions of the Health Code or other applicable law, the Department may take such action as may become necessary to assure the maintenance of public health and the prevention of disease in the City. The Director may establish procedures to be followed during an emergency to ensure the continuation of essential public health services. Emergency procedures shall not be limited to the procedures specified in the Health Code.
(d) With respect to the right of entry and inspection:
(1) The application for a permit under the Health Code shall be deemed to be consent to routine periodic inspections, without warrant, of the permitted premises by the Director in the discharge of his official duties, upon proper identification and at a reasonable hour, taking into account the nature of the permitted activity and the purpose of the inspection.
(2) In the event that emergency action is required to assure the maintenance of public health and the prevention of disease in the City, under circumstances which preclude reference to a court or magistrate for a search warrant, the Director may enter upon any premises without warrant and conduct such search and seizure as the circumstances may require. This provision shall not authorize action which could, consistent with the public interest, be deferred pending the obtaining of a search warrant.
(3) All other entry on premises shall be with the consent of the owner or occupant thereof or, in the case of nonconsent, by search warrant or court order.
(e) When a provision of the Health Code gives the Department or the Director the authority or the duty to act, the authority or duty vests in the Director or in any employee of the Department who is given such authority or duty in accordance with the administrative procedures of the Department.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.104 Power of seizure, quarantine and condemnation.
Sec. 460.104. - Power of seizure, quarantine and condemnation.
(a) The Director may seize, quarantine or condemn a food, drug, article or thing which the Director finds:
(1) Is unfit for consumption or use.
(2) Is in a condition or is of a weight, kind, quality or strength prohibited by the Health Code or other applicable law.
(3) Is not labeled as required by the Health Code.
(4) Contains false or misleading labeling, or is adulterated or misbranded.
(5) Otherwise constitutes a danger or is prejudicial to the public health.
(b) The Director may destroy, render harmless or otherwise dispose of all seized, quarantined and condemned material or may direct the owner or person in control thereof to do so. When the Director determines that such material consists in part of materials which are not in violation of the Health Code and which may be salvaged, or that such materials may be brought into compliance with the Health Code, he shall permit the owner or person in control, unless the public health otherwise requires, to separate the salvageable portions or to bring such materials into compliance with the Health Code at the place of seizure, quarantine or condemnation or other place acceptable to the Director. When such material is disposed of by the Director otherwise than by destruction, it shall be returned to the owner or person in control after it has been rendered harmless. All activities carried on pursuant to this Section shall be done in a manner consistent with the maintenance of the public health and with due regard to the property rights of the owner or person in control of the affected material.
(c) Except where the public health requires immediate action, the Director shall not seize, quarantine or condemn any material pursuant to this Section until the owner or person in control is notified by any effective means of communication and is given an opportunity to be heard by the Director.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.105 Department order.
Sec. 460.105. - Department order.
No person shall violate a lawful order of the Department. Upon conviction for such a violation, a person shall be punishable by a fine of not more than $50 or by imprisonment for not more than 30 days, or both.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.106 Sanitary nuisance abatement.
Sec. 460.106. - Sanitary nuisance abatement.
(a) "Sanitary nuisance" defined. A sanitary nuisance is the commission of any act, or the keeping, maintaining, propagation, existence or permitting of anything by any person by which the health or life of another may be seriously threatened or impaired, or by or through which, directly or indirectly, disease may be caused. Without limiting the scope of the foregoing definition, the following conditions constitute prima facie evidence of the maintenance of a sanitary nuisance:
(1) Untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials from manufacturing processes harmful to human or animal life, and air pollutants, gases and noxious odors harmful to human or animal life.
(2) Improperly constructed or maintained septic tanks, water closets and privies.
(3) Keeping of diseased animals dangerous to human health.
(4) Unclean or filthy places where animals are slaughtered.
(5) The maintenance of a condition capable of or favorable to breeding flies, mosquitoes or other arthropods capable of transmitting, directly or indirectly, diseases to humans.
(b) Nuisance prohibited. No person shall commit, maintain or contribute to a sanitary nuisance, nor allow a sanitary nuisance to exist or to be created with respect to any matter, thing or premises which he owns, has possession of, or controls. Any person who creates, keeps or maintains a sanitary nuisance shall be guilty of a class D offense.
(c) Authority to abate sanitary nuisances. In addition to other remedies provided in the Health Code, the Director is authorized to abate any sanitary nuisance in the City. The procedures specified in Chapter 370 shall be available for the abatement of any sanitary nuisances; the territorial limitation contained in Chapter 370 shall not apply when the procedures are used under the authority of this Chapter.
(d) Emergency abatement.
(1) Summary action. If the Director determines that a sanitary nuisance constitutes such grave danger to the public health or safety that resort to the procedures specified in Chapter 370 can only be had at the public peril, the Director may take such summary action as is reasonably necessary to abate the nuisance. In the exercise of this emergency and summary authority, the Director may act without the posting or service of any notice and without any opportunity for a hearing being given before the nuisance is removed, terminated or abated; provided, that the Director shall post on the property whereon the sanitary nuisance is located, at the time that the nuisance is removed, terminated or abated, a notice containing:
(i) A description of the sanitary nuisance.
(ii) A statement that the Director is exercising the emergency and summary authority granted by this Section.
(iii) If the sanitary nuisance is not a natural sanitary nuisance, a statement that the person or persons committing, creating, keeping or maintaining the sanitary nuisance shall be responsible for reimbursing the City, within ten days after removal, termination or abatement, for the cost of the removal, termination or abatement, failing which the City may recover such cost by appropriate legal proceedings.
(iv) A statement that any person aggrieved by the summary action being taken by the Director may, within 24 hours after the posting of the notice, request a hearing before a hearing officer upon request to the Director, stating the name, address and telephone number of the Director.
(2) Hearing and decision.
(i) Any person aggrieved by a summary action taken by the Director under subsection (d)(1) of this Section may, within 24 hours after the posting of the notice thereunder, request a hearing before a hearing officer, by filing a written petition with the Director or with the hearing officer assigned to conduct the hearing. The hearing shall be held not more than 24 hours after the request therefor shall have been made. Upon receipt of a request for a hearing the Director shall request the General Counsel to assign an Assistant Counsel as a hearing officer.
(ii) The Director shall issue an order for hearing, which shall include at least the following:
(A) The date, time and place of the hearing.
(B) The name of the parties.
(C) The name of the hearing officer.
(D) A plain short description of the sanitary nuisance which was removed, terminated or abated and a statement of the summary action taken by the Director to remove, terminate or abate the nuisance.
A copy of the order for hearing shall be delivered or made available to all parties who are to appear at the hearing. Parties entitled to appear and be heard at a hearing shall include the following: (i) the Director, who shall be an indispensable party; (ii) the person requesting the hearing, who shall be an indispensable party; (iii) any other person alleging to have suffered injury by the summary action taken by the Director; and (iv) the United States, the State or any City agency having a direct interest in the summary action taken by the Director or in any final decision that may be made by the Director.
(iii) Any party entitled to participate in a hearing shall have the right to:
(A) Present his case or defense by oral or documentary evidence.
(B) Submit rebuttal evidence and conduct such cross-examination as may be required for a full and true disclosure of the facts.
(C) Submit for the consideration of the hearing officer proposed findings and conclusions and supporting reasons therefor.
(D) Make offers of settlement or proposals of adjustment.
(E) Be accompanied, advised and represented by counsel or represent himself.
(iv) The hearing officer shall have authority to:
(A) Administer oaths or affirmations.
(B) Issue subpoenas for the taking of testimony or the production of evidence.
(C) Rule upon offers of proof and receive relevant evidence.
(D) Regulate the course of the hearing.
(E) Hold conferences for the settlement or simplification of the issues by the consent of the parties.
(F) Make temporary orders modifying or suspending the summary action taken by the Director, to the extent that such action can be modified or suspended, or permitting the continuance of the sanitary nuisance subject to such conditions as may be stated in the order.
(G) Dispose of procedural requests or similar matters.
(v) The petitioner shall be the first to offer evidence in support of his petition, and he shall have the burden of proof. Any oral or documentary evidence may be received and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect; nevertheless, the hearing officer shall exclude irrelevant, immaterial or unduly repetitious evidence.
(vi) The hearing officer shall have three days from the conclusion of the hearing in which to file his findings and conclusions with the Director, and the Director shall have three days from the receipt of such findings and conclusions in which to issue a final decision. A copy of the hearing officer's findings and conclusions shall be furnished to the petitioner and to any other party who participated in the hearing. A final decision by the Director may include any or all of the following relief or remedies:
(A) Affirmation, modification or vacation of any temporary order made by the Director or the hearing officer before or at the hearing.
(B) Confirmation, modification or revocation of the summary action taken by the Director, in whole or in part.
(C) If the summary action was not proper, an order that the cost incurred by the City in taking such action shall be borne by the City without reimbursement by the person or persons who would otherwise be responsible therefor.
(D) If the summary action was inappropriate or excessive and any party was injured thereby, an order fixing the monetary damages thereby occasioned and assessing the same against the City.
(vii) The violation of any final decision issued by the Director or the failure or refusal of any party to observe the conditions thereof shall constitute a class C offense.
(3) Collection of costs. The cost of removing, terminating or abating a sanitary nuisance other than a natural sanitary nuisance under the emergency and summary authority herein granted shall be paid by the person or persons committing, creating, keeping or maintaining the nuisance, unless the Director shall otherwise order. If the cost thus accruing and not excused by the Director is not paid within ten days after the removal, termination or abatement, the Director shall request the Office of General Counsel to institute such legal actions as may be necessary to collect such cost. For the purposes of this Section, a natural sanitary nuisance shall be a sanitary nuisance, as defined in subsection (a) of this Section, which arose and continued until removed, terminated or abated as a result of material forces and conditions, without intervention or modification by any human agency.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1530-814, § 1; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.107 Voluntary compliance with Health Code.
Sec. 460.107. - Voluntary compliance with Health Code.
In lieu of enforcement of the Health Code by compulsory means authorized herein, the Department is authorized to seek voluntary compliance with the Health Code by way of notice, warning or other educational means; however, the Department shall not be required to seek voluntary compliance as a condition precedent to compulsory enforcement of the Health Code.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.108 Interference with Department personnel.
Sec. 460.108. - Interference with Department personnel.
No person shall interfere with or obstruct Department personnel in the performance of their official duties.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.109 Tampering with notices.
Sec. 460.109. - Tampering with notices.
No person shall mutilate, obstruct, tear down, remove or otherwise tamper with any notice or poster of the Department unless authorized to do so by the Department or by the Health Code.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.110 False statements prohibited.
Sec. 460.110. - False statements prohibited.
No person shall knowingly make, induce or cause to be made by another a false, untrue or misleading statement or a signature of another on a certificate, application, registration, report or other document required to be prepared pursuant to the Health Code. No person shall knowingly make a false, untrue or misleading oral statement to the Director as to any matter investigated by the Department.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.111 Unlawful reproduction or alteration of Department documents.
Sec. 460.111. - Unlawful reproduction or alteration of Department documents.
No person shall reproduce or alter or cause to be reproduced or altered a permit, report, certificate or other document issued by the Department if the purpose of the reproduction or alteration is the evasion or violation of a provision of the Health Code or any other law.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.112 Use of English language.
Sec. 460.112. - Use of English language.
Unless necessary in order to communicate to those who do not speak the English language, all writings required by the Health Code shall be in the English language.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.113 Certificate of technical expert as presumptive evidence.
Sec. 460.113. - Certificate of technical expert as presumptive evidence.
Every certificate or other report concerning a matter or subject within the jurisdiction of the Department which is signed by a physician, chemist, biologist, dentist, pharmacist, nurse, sanitarian, engineer, analyst or other technical expert employed by the City or State shall be presumptive evidence of the facts stated therein.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.114 Reserved.
Jacksonville Ordinance Code § 460.115 Reserved.
Jacksonville Ordinance Code § 460.116 Construction of Health Code.
Sec. 460.116. - Construction of Health Code.
(a) The Health Code is intended to be consistent with applicable federal and State law and shall be so construed. If there is any conflict between the Health Code and other City ordinances, the provisions of the higher standard shall prevail.
(b) The Health Code shall be liberally construed for the protection of the health, welfare and safety of the people of the City.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.117 Penalties.
Sec. 460.117. - Penalties.
It is unlawful and an offense against the City for any person to violate or to fail to comply with any provision of the Health Code. Except as otherwise specifically provided, such person shall, upon conviction, be punishable by a fine of not more than $50 or, for a wilful and continuing violation, not more than $250. Each day a violation continues shall constitute a separate offense.
(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)
Jacksonville Ordinance Code § 460.118 Enforcement.
Sec. 460.118. - Enforcement.
In addition to any enforcement mechanism authorized in this Chapter, the provisions of this Chapter may also be enforced through the citation process contained in Chapter 609. Initial violations prosecuted under this provision shall be a Class C offense.
(Ord. 2008-209-E, § 1)
Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIIIHECO_CH460HECO_PT1INGEFetched: 10/27/2026