HomeMy WebLinkAboutORD NO 305 ORDINANCE NO. 305.
Am ORDINANCE OF THE CITY OF B~KERSFIELD PROVIDING FOR THE INSPECTION
OF T~ MILK SUPPLY OF SAID CITY,LIMITING TO T, ICEmCED DEALERS THE SALE
AND DISTRIBUTION OF MIT,~'~~ DEFINING THE CONDITIONS UNDER WHICH SUCH
LICENCES SHALL BF, GRANTED ~YND PRESCRIBING A PENALI~Y FOR THE, VIOLATIONS
THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY O~ BAKERSFIELD AS ~OLLOWS:-
Section l:-
THAT NO PERSON FIRM OR CORPORATION,either by himself or by
his agents or employes, shall sell, exchange or deliver, or offer or ex-
pose for sale,exchange or &elivery within the limits of the city of
Bakersfield for human consumption any milk, cream,buttermilk or skimmed
milk,ice cream or butter without first having obtained a permit so to
do from the health officer of said City as hereinafter prescribed.
PROVIDED, the dairies at which not more than one cow is kept
shall not be subject to the conditions of this ordinance.
SECTION 2.:-
Zicences referred to in section I shall be issued by the
City Health officer only upon the following conditions:
(a) Application ~her~for shall first be made upon a form prescrib-
ed by the Health officer which shall contain at least the following in-
formation:
1. Name and address of ~oplicant.
2. Location of any place or places at which such milk, cream,
buttermilk, or skimmed milk ,ice cream or butter is to be produced
or stored or handled.
3.Number of cows from which such milk is being obtained.
~. If obtained from another person, firm or corporation,
the name and address of such person, firm or corporation,~d thc namo~
~h pcrccn,~, cz oozpor~ mnd the location of any
and all places at which such milk is being or to be produced, stored
or handled and the number of g~l~ons of such milk obtained from each
of such persons, or corporations
§. The manner in which such milk is to be disposed of and, if deliv.
ered form house tomhouse, the number of wagons or vehicles used f~ that
purpose.
Applications shall be accompanied by a certifiacte by a licenced
veterinarian approved by the Health Officer, to the effect that all cows
from which any part of such milk is being obtained are in no way unfi~
for the production of milk for human consumption. Such certificate shall
bear a date not more than six months previous to the date of the applicat-
ion, and at the expiration of six months from the date thereof, and of
each six months thereafter, another similar certificate shall be filed wi~h
the Health officer to the effect thatsaid cows have ag~n been examined
and found not unfit for the production of milk for human consumption.
lc) Inspection by t~e Health Officer or his representative of the place
or places said milk or other milk products as above enumerated is pro-
duced, stored, or hamdled shall reveal the fact that such milk or milk
product is being so produced, stored or handled in a clean and sanitary
manner,and that there is no §vidence that any person or object coming in-
to contact with such milk or milk product at any time from its product-
ion until its delivery to the ultimate consumer is contaminated by Dr
infected with the germs of any contagious or infe~tuous disease
liable to be conveyed 0y milk or milk products and that the provisions of
this ordinance or of the laws of the state of California regarding the
production and the handling of milk or milk products are in no instance
being or liable to be violated.
SECTION 8.
It shall be the duty of each person, firm~or corporation
licenced under the provisions of this ordinance to keep an accurate
of all milk delivered which re~ord shall include the name and address of
the consumer and the quantity of milk delivered each day, which record s~ail
be open to inspection by the Health Officer or his representative at all
times.
SECTION ~.
SECTION 4.
It shall be the duty of the Health officer to inspect or cause
to be inspected at intervals to be here~.nafter set forth, all dairy farms,
creameries or milk depots, at which such milk or milk products for sale
or delivery or exchange in said City is produced, handled or stored.
The intervals of inspection shall be determined by the Health O~ficer,
provided, that ~he inspection of place or places shall be at least
once in three months. Upon his discovery at any time of any violatien
of the provisior, ls of this ordinance or of-the laws of the State of Calif-
ornia,he may, at his discretion, subject to the approval of the City
Council of said City, revoke the permit of the offender.
SECTION 5.
No person or dealer in milk or employeee or agent of such dealer
in milk or milk producte, except such as may sell for consumption
upon the premises where sold, shall give,furnish,sell, offer f~ sale
or deliver within said city, any milk, buttermilk, skimmed milk, sour
milk, whey, orncream in quantities o~ less than one gallon, unless the
same be kept, offered for sale,exposed for sale,sold or delivered in san-
itary transparent glass bottles or such other receptacle of' similar
character approved by the Health Officer, Said bottles or receptacles shall
be capped immediately after filling the same which filling and capping
shall be done only in the milk house er creamery,, the sanitary condition
of which has been approved by the Health officer,
SECTION 6.
Por the purpose of this ordinance, O~a~e "B" milk shall,in addition
to the requirements and specifications of such milk, set forth in the laws
of' the State of California. conform to the following requirements and spec-
ifications.
(a). Ail, grade "~" milk must be pastuerized before being offered
f~ sale except where sold in bulk to the wholesale trade.
ib~. It must be kept a a temperature not to exceed 60 degrees
Fahrenheit up to the time of delive~y to the pastuerizing plant.
(c). It must be plainly labeled upon the container, in' legible
characters, in blue ink, Grade "~", together with the name of the daaler
or producer, and the date an~ hour of pastueriza~ion.
For the purpose of this ordinance Grade "A" milk shall in
addition to the req~irments and specifications of such milk set forth
in the laws of the State of California, conform to the following req~irements
and specifications :-
(a) If pastuerized it must be rapidly cooled after pastuerization,
to a temperatur~ not to exceed 50 degrees o~ahrenheit and so maintained
until after delivery to the ultimate consumer.
lb) ~.t must be plainly labeled upon t?e container in legible
charac~ters, in red. ink~, Grade "A''~, RAW" or "Pastuerized" as the case
may be, together with the name of the producer or dealer.
lc) It must contain at least 3.25~ butter fat.
For the purpose of this ordinance, "Guaranteed~ milk must at all ti~es
conform to the requirwmwnts and specifications fc~ such milk setforth
by the laws of the State of California andin addition, to the following'
requirements and spe6ificationsm which shall be determined by an examinat-
ion at least once each thirty days.
(a) It must contain not more than'lO0,O00 bacteria per c.c.
(b) It must come from cows free from tuberculosis as determ-
ined by tuberculin test, whether sold raw or pastuerized.
(el It must be plainly labeled upon the container in legible
chararters in B~ack ink "Guaranteed Milk" together with the name of the
producer or dealer.
SECTION 7.
All wagons or conveyances used for the purpose of distributing
milk within the City of Bskers field shall bear, plainly marked upon
the side thereof in legible characters not less than 3" high and 1~" wide
the licence number under which such milk is being sold or delivered,
and the name and address of the dealer.
Sectioh 8.
The ~ealth Officer of the City 'of Bakersfield shall
condemn or exclude from sale in the City, of Bakersfield any or all
milk or craem which is produced in whole or in part on premises to which
access, for the purpose of imspection has been refused the Health Officer
or his assistant, The Health Officer, or any of his assistants, may seize
or confiscate any milk, cream, or milk products sold, offered for sale,
or held with intent to sell within the Ott~ of B~rersfield, contrarY to
any section of this ordinance, or to any of the provisions of the lawsof
the State of California, covering the production of milk or milk products
,and may pour out, color or denaturize any or all milk, cream, or other milk
products so seized, to prevent the use of same f~r milk purposes.'
The Health Officer or any of his assistants, may affix, or c~ase
to be affixed, to any can,receptacle, or vehicle containing amy condemned
milk,cream, or other milk products, a card or tag , stating the same has been
condemned and the reason therefor. Said card so attached shall be due notice
of condemnation. ~0 cream, milk, or other milk products condemned as herein
provided shall be used for human food, sold ,held, or offered for sale in
the City of'Bakersfield, The Health Officer, cz his assiatants shall not be re-
quired to take sample of milk or cream which shall show a higher temperature
than the allowed teml~erature specified in this ordinance, but may condemn
and any or all milk or cream showing a higher 'temperature then that specified.
SECT I0i~ 9.
~.ny person violating any of theprovisions of this ordinance, shall
be punished for the first offence by fine not exceeding ten dollars(S10.00)
and cost of prosecution, andin default of the payment of' any fine ~r costs
the court~m:~y imprison such person in the City Jail of the City of Ba]~ers~ield
or the County jail of the County of Kern,until such fine is paid, not however
to exceed ten days. ~or a second offence , by a fine not to exceed $50.00
and costs of prosecution, and in default of t~e payment of sueh fine, tl~
court may imprison suc:h.person in the City of uounty jail, not, however,
to exceed.25 days; and. for each subsequent offence by. a fine no~ exceeding
~.00.00 and costs of prosecution, and in default of the paymentbof such fine
the court may i~prison such person ir. the city or county Jail, not , however,
to exceed 90 days.
SECT I0N !0,
This or(iins, uce sh:~21 be i:o_ f~5.il force a~.~% effect 60 days
from and after the date of its passage and publication asrequired by law,
except that the provisions of Section ? shall n~ot become effective till
October lst,1916, ',i~All ordinauces or ~parts of ordinances in c~nfliot
herewith are hereby repealed.
I hereby certify that the foregoing ordinance was passed and
adopted by the Councilmof the uity of Bakersfield at ~is regular
meeting on the Srd day of April,1916, ~y the following vote.
Aye s; -
Crandall, Hay, Silber.Smith,
Noes...
James, Willl~w
Aosent..
Taylo'r
Mayor of the City of Bakersfield.
City Clerk a~El eE officio clerk / )
Of the Oo~cil of the Oity of Ba~rsfie~
,i
A abi! of nblka/ion
~akersfield providing for
of ~he milk supply of ~aid
~* iting' to licensed de~er~.t~ ~
~OHHIU ~f ~rrH distr~kutitn of milh~. ~~'
....... ' .................... lng' & penalty rot the violations
Be it ordained ~y tile
'. being first duly sworn : city or Baker.me~a ~ f~nows: -
ilcorporation, either by kims¢ti Or by
~eposes and says: I am over the age of twenty-one years Section I. That no ~rso~
l}his agents or employes, sb~Yl ~o~1, ex'-
t chaage or deliver, or of~er.o~-e~ose
and am now and have been during all of the times here~..q:fo~ ~,~. o~g~ o~ a~,~y
in mentioned the chief clerk of the Echo Publishing ., th~ ~ty of S~k~r~o~d for human
~'sumption any milk, cream buttermilk
skimmed milk, ice cream or butter
Company, and 'as such chief clerk I have at all the times '°¢]tbo~,t re'st ~,~. o~t~a ~
mit so to do fro'm the health officer
herein mentioned had control and management of all o~ ~a c,y a~ her~,~ft~ ~.
Provided, that dairies at which not
the advertisements that have appeared during said t~e mor~ ~h~n o~ ~o,¥ ~. k~t ~ not
~be subject to the condi~o~s o~- this~
in THE MORNING ECHO; that the MORN~G ECHO ora~=~a~. : .. :.:~.
s Se.ction 2. Licenses referred :.~
is a newspaper published daily (except Monday ) :~,o~ ~ sb~n ~ ~-~a W th~
)~ealth o~ficer only upon the
in the City of Bakersfield, County of Kern, State of Cai- ~n~'conditions:
la) Apl)lication therefor shall ffrst
he made upon a form prescribed by
ifornia, by the Echo PublisMng Company; that said pa- ,~health officer which shall contain
a.t least the following., i~formation:
per is published for the ~ssemination of local and tele- ~. ~m~ ~a ~a(~ of
2, L~cation of ally plaee: or ~
graphic news and intelligence of a general character and .~t ,~ ~a ,~k
has a bona fide subschption list of paying subscribers. ~ to ~ proa~,a
Said newspaper has been established and published iu ~ 4.., o~t~ f~'~t~er
the said City, County and State for more than one year ~ar~ ~..~:~on. f~m o~
last past; said paper is not devoted to the interest nor p~-~on. "r~~' - · .~
published for the entertainment of any particular class, ~ ~u~h m,k ~s Uo~' o~- ~o
}stored or ha}~dled and the
profession, ~rade or calling, race or denomination, or .~-~no-n~of such milk o'btained from
'~each of s~ch persons, firms or col~pora-
any number thereof; that a notice of which the annexed ,
5. The manner in which ~eb
printed slip is a true copy was published in said paper ~ ~o p~ o~o~a o~
xrom house to house~x~~,[
wag'ohs or vehicles used':~
in each and every issue thereof on the following dates, po~. :
(b) Applications sh~ll be a~o~2
led by a certificate by a tie~e~.~$~-
to-Wit: , erlnarian appro,,ed 'by ~Be-
_ not~r7, to the effect that atl
from which any p~rt of sueh milk
being obtained are in no way unfit for
................................................ the pro'duetion of milk for huron eon-
sumption. Said certificate $~atl
a date not more than six mo~
wens to the dale of the
.................................................. and at the expfratiou Of six ~
Iron. thc_date t~.e,'eor, and oI
nontns thereafter, another
tificate shall be filed w~h- the health
officer to the effect that ~id eel's
.................................................. have again been examine4 and
not unfit for tbe proOuction of
for ht~man oonsumDtion.
(c) Inspection by the health
.................................................. or his representative of the ~ea or
places said milk or other m~k ~r~uet
as abo~e enumerat~ ~'".
and was published on each of said dates in the full and ~,,.~_~ ......
and not at any time in a supplement thereto, o,- object c .... h~g' into eomtaet w~th
from its vroduction
;to ; .
';noted by or infected Wl[h th~ ~erms
of a~r contagious or infectious dis
lease liable to' be 'conve~a by milk ~
milk product, an~ that
......... ~er dlk
' - :- No~ ~blic ~/~nd for the ~- be open
- ty of Kern, S~ate of CaHfo~ia. off~,
~ectton b. No person or dealer in
nlilk, or employe or agent~ of su¢ll.
dealer in milk or milk pr6dnct, ex-
cept such as may sell for consumii:-
tion upon the premises where so'Id.
shall give, fUrnisl~, sell, offer for .';ale
or deliver within said city any milk,
buttermilk, skimmed milk, sour milk,
· whey or cream in quantities of ]ess
ti,an one gallon, uuless tile same be
Ikept, offere,1 for sale, exposed for sale.
'sold or delivered in sanitary frans-
! parent glass bottles or s~'~'h o'(tier
ireceptacle of shnilar character approv-
ed by the health officer Said l'ot
. ties or receptacles shall be capped
immediately after filling' thc same.
; which filling and capping- shall be
done only in a milk hotlse or Cl'e.q.m-
ely, the sanitary condition of which
has been approYed by the health of-
ficer.
, Section 6. For the purpose of this
ordinance, "Grade B" milk shall, in ad-
dition to the requirem~q~.ts and specifi-
.cations of snell milk. set forth in the
laws of tile state of California, c~n-
'for n to tile following requirements
and speeifications:
i fa) All C. rade B milk mt/st be pas-
iteurized before being offered for sale
'except when sold in bulk to the whole-
isa'lc trade.
(bi It must lle kept at a tempera
not to exceed 60 degrees Fahr. up
',to the lime of delivery to the paste~n.-
'i;:ing plant, and the [late and hour of[
pastellrization.
I lc) It nltlat 1,e plaiulv labeled upon
tile container, ill legibh/ cllaracters, in
blue hlk, "Grade B," "ltaw" or ,,pt~-
} For the )url)ose of this o'dinance J
"Grade ~" milk shall, ie ad lion' t~
tile reqnirements and si ecifications of i
such milk set fc'rth in the laxvs of the}
state of California. conform to tile fol-I
lowing requirements and specifica-
tions:
;.al If Pasteurized it must be rapidly
cooled after t)asteurization to a tem-
pera(ore not to exceed 50 degrees Fahr.
and so maintained until delivered toi
tile ultimate consumer.
th) It must be plainly labeled upon!
tile co'ntainer ill hq2'ible characters, in
red iuk, "Grade A," "Raw" or "Pas-
teurized," as the case may be, tog'ether}
witll tile name of tile dealer or In'o-
ducer.
(el It must contain at least 2.25 t,er
cent of butter fat.
l~or the purl)ose of lhis or(liuarL--~'y.
"Guaranteed" milk inllst at all t Ires
cations for such milk set forth hy the
la\rs of the state of California aud, ill
addition, to the followiu.g' requiremel~
and ~pecificatio~s, which shall be
termlned by examination at least
ea*h thirty days:
(al 1[ must contain not m0-re':ih'an
100,000 bacteria per c.c.
bercttlin test, wl/ether sohl raw or'pas-
teurized.
lc) It most be plainly labeled
the container in leg'ible characters, ia
black ink "Guaranteed Milk' together
with tile name of tile dealer or
ducer.
Section 7. All wa~'ons or convey-
utlng- or delivering milk within the
city of Bakersfield sllall bear. Dlainly
marked npon tile side th:a~.
ible characters not less than
. iligh and l 1-2 inctles wide the ~
number under %~hich such 'lnilk ix
lng' sold or delivered, and tile name
.and address of tl~e dealer.
! Section 8. The health officer of tile
city of Bakersfield shall condemn or
exclude from sale in the city of
kersfield any or all milk or cream
which is produced in whole or in part
'on premises to which access, for tile
purpose of insPectiou, has been
the health officer or ills assistant. The
ahealth officer, or an5' of ills assistants
or other milk products sold, offered
for Sale or held with intent to
· withil¢-~-{t.~_ O'[ Bakersfield. con-
itrary to am:v section of this"c-~C&il!ian~_ce.~
or to any o{ the provisions of the i~
;of the state of California covering thei
production and handling of milk or
milk pro'ducts, and may pour out, color,
or de~turize any or all mtllf, cream lL~
or~'otho~.mi~k p~¢dncts so 8ei~ed.
prevent the use of same fei' food pur-~
poses. Tile health officer, or any of I_:
his assistants, lnay affix, or cause to
be affixed, to any .can, receptacle or
vehicle containing- an3' condemned
Inilk, cream or other lnilk i)rodncls;
a card or tag' stating that same has
been condemned and tile reason lbere-
for. Said card so attached shall be
due notice of condemnation. No milk,
cream or other milk pro'ducts con-
demned as herein provided shall be
used for human food, sold, held or of-
feted for sale in the city of Bakers-
field. The health o~fflcer, or his as-
sistants, shall not be required to
sample of milk or cream ~vhich shall
show a temlSerature higher than the
allo'wed temperature specified in this
ordinance; but may condemn any or all
milk or cream sh. owing a higher tern-.
perature than that specified. :
Section 9. Any person violating' an'.,':
of tile provisions of this ordinano~
shall be punished for tile first offens.
by fine not exceeding' $10 anti costs
'l)ayment of any fine or costs tile co.r[
jail of tile city of Bakersfield or the
county jail of the county of Kern un.-
til sucil fine is paid, no't, however, tn
exceed 10 days: for a second offense
by a fine not exceeding- $50 and cost.~
,~il~t~.~ecution, and in default of the
payll~-- Of SUCIi fine tile cou l't lnay
' imprison such person itl tile .city Or'
county jail, not, however, to e~eeed
25 days; and fei- each subse(lnent of-
fense hy a fine'no-t exceed rig' $200 and
tile payment of Sllch fine the court
may imprison snch person ill the cit3
or county jail, not, however to exceed
90 days. '
Section 10. This ordinance shall be
in fnli force and effect 60 days from
,the date o'f its passage and pnblica-
lion as required by law, except that
tile provisions of Section 5 sllall ,not
become effective nntil October l, 19t6.
All ordillances or parts of ordinauces
lin conflict witil the same are her~eSby
repealed.
i I herel)v certify that tile foreg'oing
ordinance'was p~ssed anti adopt&d
tile Council o'f t lc. City of BakersfielO
on tile third day of April, 1916. by tile
following vote: Ayes--Crandall. Hay.
Silber. Smith: Nays--.lames~. '~Villoxv:
Absent--Taylor.
GEO. HAY,
Mayor of the City of Bakersfield.
lt. G. B,'~LLAGH,
City Clerk and ex-Officio Clerk of
tile Co~eil o~.~t~,~..City- of Bakea~-
blate ~! (~aliforuia ~
~ou~I§ of ~ern
. .being first duly sworn aN~-~ORD~NANOECONTESTS REadY'WiTHiN
and
I
OF B:kI{E'RS~'IELD, .MAKinG TIt~
/~oses says: am over the age of twenty-one years
and am now and have been during all of the times here- a~OTttEREFORE.PROVIDfNG .A PENALTY
in mentioned the chief clerk of the Echo Publishing cm o;~ T~az C~O~'
AS k~OLLO~ S:
Company, and as such chief clerk I have at all the times szc~oN ,. ~t ~h~n ~ ~n,,wf~ ~1
any person, persons, club, corporatlD~t
herein mentioned had control and management of all ,or association to' giva~ an exhibm0nl
jcl' boxing wdthin the Cit~ of Bakers,
the advertisements that have appeared during said time no~o, ,v~tno~; first
from the City 'Mafla~F :of 'a~ '~ty, a
in THE MORNING ECHO; that the MORN~G ECHO ,,~m~ to conduct such
SECTION 2. The Cfi~ Manager.'
is a newspaper published daily ( except Monday ) ~h~r~,,, ~tno~-~a to ~a~ ~ n¢~
in the City of Bakersfield, County of Kern, State of ~al- :~r ~o~t.~o~, to 'eo,n~r ~o~,~g.
. Ihibitions within t-he ~ty- of -Bakers-
ifor~ia, by the Echo Pubhshing Company; that said pa-
cer is published for the dissemination of local and tele- ~ '- 'g r' . ' ~a::c~ty
- Manag'cr shall' be of ~g~.
graphic news and intelhgenee of a general character and ~x boxing bXDi~it'io~ ];::Wm~ -~e m
:all particuli~s managed,
has a bona fide subscription list of p.a~ng subscribers. ~a as pr0v~¢~d bS-' ti~e~
of Cahforma, &nd it sh~tt' ~e:
Said newspaper has been established and published in ,~n~ t~ O~s~rot~o,, of ~a~a c~t~
ager, upon such invest~tim~; to
o'r refgse %0 grant any ~uCh ~mit.'
the said City, County and State for more than one years~ca,~o~ 3.: Each gppli~t' for
such permit shall deposit with the Cit~
last past; said paper is not devoted to the interest nor ~g~r, the sum of $10.00, as a
cerise {ce for ,t~
published for the entertainment of any particular class, on o~ ~o~a~t,~s
· tio'n or exhibfti0ns }~C'{~y
trade
calling,
denomination,
~x~ithin a period ~of
profession, or race or or treasury~ upon the fssum'S 0~ ascii
said sum shall be pai~ ia{o ,~.. City
any number thereof; that a notice of which the annexed ~=~t, ~o,, ~,e ~ ~a ~ ~-~'~
printed slip is a true copy was published in said paper ,~,~,~o~ th~ ~,~.~=r, ',~'
in each and every issue thereof on the following dates, s~scwo~ ~.
any person or re-~ons to p~om:[$}
to-wit: ~ ticipate in or attend aa3: su*h boxing!
~~~~.~ contest unless such permit first snail
have been obt&indd and' Saf&'fee
~..q. ~. ~ $~0.00 shall have been ,p~id ~ ~boVe
~provided. , , . .-~:
............ ~ SI~C~IO~ .5~ Any per~bn .Or
:violating' guy of the
~,iqic, na shnll be de,mod ~O~t~
misdemeanor, aha upon
~thereof shall be fineO in a' sum: ~$'t
.................................................. cee0i~g $5.00 00 or be im~rison~d' in
]the ' ~ounty '~1 ~mt ;th exceed:- Sik
~months, or by be'th sub~y fjhe. ann
~ pri~onment.
.................................................. ] SECTION ~. This ordinance shall be
]in full force and effect.from, and aft-
~er thirty days from tfi.d-aa:te:-,0f its
passage. : . -
I hereby c:er{ify that .~this
.................................................. ;was passed by .the Counoi-I of t~
of Bakersfield on the
119t6, by the following ~:;.~)[:~i~:?
and was pubhshed' on each of said dates in the full and~ x~s: Cr~nO~n,
entire issue of said paper and in the newspaper proper
and not at-any tim~n a ~lement thereto. -~
~ 5 ~ tCouneil of the City of Bakersfield.
~ ,~ ~ ~ ~ ~ ¢ I Approved this 6th day of March 1916.~
~~ehbed and sworn to before me this~.~ ........
ty of ~ern, 8gate of