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.
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