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HomeMy WebLinkAboutORD NO 206ORDINANCE NO. }{9~ 'NEW SERIES. AN ORDINI~NCE CREATING THE OFFICE OF MILK INSPECTOR, FIXING THE COMPENSA. TION OF SUCH OFFICE, PRESCRIBING THE QUALIFICATIONS OF SUCH OFFICE AND PRESCRIBING THE DUTIES OF SUCH OFPECER, AND LICENSING ·THE DISTRIBUTION OF MILK, BUTTER MILK AND CHE~ AND' PRO- VIDING A ";ICENSE. FEE THEREFOR AND REPEALING ORDINAlqCE NO. 406 OF THE CITY OF BAK'ERSF~ELD, CALIFORNIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. It shall be unlawful for any person, firm or corpora- tion, agent or employee of s~y such. person to sell, offer for sale, to distribute or have in possession for sale or distribu- tion~any milk,.butter milk or cream for human consumption unless it conforms to the standards of grading and to the requirements for the production of milk, butter milk and cream established by an act of the Legislature of the State of California, entitled, "An act to be known as the Pure M~lk Law of California; to prevent the sale of impure and unwholesome milk, butter, ice cream and other milk products; to provide for milk scering contests; to classify and grade milk; to provide rules and regulations therefor, and to impower cities, groupes of cities and counties,to establish milk inspection service, to authorize the Department of Agrigulture of the State of California to· approve milk inspection service; to provide for the enforcement · CO . "approved June 15 1923 and all acts ~endmtoPy' with tbis act,- , thereof and the requirements of the ordinances of the City of Bakersfield and all amendments thereto; and the .rules'. and regula- tions o.f.. t.~.e~.....State Department of._.Agricultur'e. """~' ~' '~ ~;._..- .. L~...L-..:~. -, ..... . '.l '. . ..... . SECTION 2. ~ The office of Milk Inspector of the City Of·B~kersf. ield is hereby created. and said ·inspector shall have such duties as .. ·' may be required by law and ordinances of'tl~e City of Bakersfield as the same are now or may hereafter be made and SuCh o~h~r and further duties as his office should require. ~.'.. It ·shall be the duty of ~aid Milk Inspector to inspect all milk, butter milk and 'cream sold, offersd for sale, distributed or had in possession for sale or distribution within the" city of Bakersfield and it shall be his duty to see' that such mil'~'~k~'butter milk or cream conforms to the standards of grading and to ~he require- ments of milk, butter milk and cream as established by law. SECTION 3. Said Milk Inspector shall be appointed by the Council of ~'~~:.~'....~,. the City of Bakersfield and shall hold office at their pleasure and shall be fully conversant and. familiar with the laws of the State of California relative to the inspection of milk'·and shall have such qualifications as may be required by the said Department of Agriculture of the State of California. SECTION 4. The compensation of said milk inspector ~hall be $200.00 per month provided that in the event there is no~ a balance of $200.00 with the City Treasurer of the City of. Bakersfield which has been collected under the provisions of this ordinance, then in that event the compensation of said milk inspector shall be in the amount of said balance. SECTION 8. It shall be unlawful for any person, firm or corporation or the agent or employee of any such person, firm or corporation sale or distribution any milk, butter milk or cream in the City of Bakersfield without a license so to do. SECTION Upon the first regular"business day of each and. eVe.r.y c.alender month every person, firm or corporation who sells, offers fo.r sale, distributes or has in possession for the purpose of' sale· ~...~' ~ -~ distribution. any milk, butter milk or cream within the City of °;~Bakersfield shall file or cause to be filed with the Lic.eD. se Cgi'iector of the City of Bakersfie'ld a statement showing the total amount of milk, butter milk and cream sold, offered for sale, distributed or had i..n.possession for the purpose of sale or distribution during the preceeding calendar month, and upon the filing of such statement '~'~ach person shall pay a license f~e of two and one-half mills (.0025) per gallon or portion· thereof of milk, butter milk' or cream sold· or distributed or possessed ~or the purpose of sale or distribution withi~"the City of B~kersfield,~(^shall be based upon the total amount of milk, butter milk and cream sold or distributed or held in possession for sale or distribution as is shown by the statement .~." so filed.' SECTION 7. Upon receipt of such license fee as hereinabove provided for, the City License·Collector shall issue or cause to be issued .? a lic~e Permitting the sale or distribution or possession for sale or distribution any milk, butter milk or cream within the City of Bakersfield for the calender month in which· it is issued; -...~'which license shall be posted and kept posted in a conspicuous place either .on the vehicle distributing the milk, butter milk or cream or in the place of business of such person, firm Or corpora- tion paying the same. 'SECTION 8. It shall be unlawful for any person, firm or corpora- have in·possession for sale or distribution any milk, butter milk or cream for human consumption unless auch milk, butter milk or cream shall-have first been tested a~d exm~i~e.d.~by 'said Milk Inspector 'and found by him to have'met the requirements of. law. SECTION )~ny person, firm or corporation, 'or agemt. or 'employee '~-'. o.f any person, firm or corporation who violates· any~ provision of"this ordinance, or any rules and reEulations made hereunder, shall be guil'~ o'f a misdemeanor, punishable by 'a '~ine not to exceed one hundred-.doll'ars ($100.00) or-by impri'sonment in the County 'Jail .of Kern county· not more 'th~ ninety days (90), or by both such·' fin& and imprtsoment. SECTION 1~. I~ any section, sub·section, sentence, clause or phrase of'thiS.ordinance is for any rea~ n held to·be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance~ The City Council hereby declares that it would have passed this Ordinance and each section and subsention thereof irrespective of the fact that any one or more of the sections, subsectionS, sentences, clauses or p~rases be declared unconstitutional or invalid. SECTION 1t. That Ordinance No. 406 of the City of Bakersfield, regulating the sale, distribution and keeping of milk within the city, be and the same is hereby expressly repealed, and all o~Her .ordinances and parts· of ordinances in conflic~ here- with be' and the same are hereby repealed. I HEREBY CERTIFY that the foregoing Oi~dinance vjas passed and adopted by the Council of the ·City of Bakersfield · on the · ' 'd y of _ , 1925, b~"the"'f~IlO'~'~ihg ~ote Ayes-Austin, Baer, Ca~isle. Carlock, Grifi~th, Haberfelde, Stoner Noe-~ ........~._: ...................................: .......................................................... Ab3enL ......~ ...............................................................................~ .......... APPROVED this/~(~ · day of City Clerk and ex-officio ·Clerk of the Council' of the City of Bakers- field. -5-.