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Ordinance 348r�J ORDINANCE NO. 3 AN ORDINANCE TO AMEND SECTION 95, SECTION 106, AND SECTION 107, OF ARTICLE I, OF PART II OF THE MUNICIPAL CODE OF THE CITY OF GILROY, REGULATING THE DUTY OF THE HEALTH OFFICER, APD FOR REGULATING THE SALE OF MILK AND MEAT IN THE CITY OF GILROY, AND PROVIDING A PENALTY FOR VIOLATIkG THE SAME. The Mayor and Common Council of the City of Gilroy do ordain as follows: SECTION I. Section 95 of Article I of Part Il; of the Muni c pal Code of the City of Gilroy is hereby amended to read as follows, to -wit: Section 95. It shall be the duty of the Health Officer to enforce and observe all orders and ordinances of the Common Council pertaining to health and sanitary matters; all orders, quarantine' regulations and rules prescribed by the State Board of Health; all statutes_ relating to the public health and to vital statistics; to make all reports required of him by the State Board of Health. SECTION II. Section 106 of Article I of Part Iii of the Municipal Code of the City of Gilroy is hereby amended to read as follows, to -wit: Section 106. It shall be unlawful for any person, firm, • or corporation or agent, or employee of any person, firm, or f corporation to sell, offer for sale, distribute or have in possession for sale or distribution in the City of Gilroy, any milk or cream for human consumption as milk or cream unless it r conforms to the standards of grading, and to the requirements for the production of milk and cream, hereinafter ad@.pted. 1.. The standards of grading and the requirements for the s' production of milk and cream, and the rules and regulations of dy the California State Department of Agriculture for enforcing same, as established by the "Pure Milk Law of California ", and its amendments, when not in conflict with the Charter of the City, is hereby adopted as the law of this City, with such modifications as may be hereinafter set forth. 2. That the whole milk as described in said ® Milk _. r Law of California ", shall contain not less than '; per cent. fat, and shall not contain more than t - 0Usand,, bacteria per milli r at the time of delivery to T consumer, or more than 5) o 0 bacteria per milliliter at the time of delivery for pasteurization. 3. The Board of Health shall create a milk inspection sY `` department and may adopt rules and regulations for conducting the same, and shall delegate the actual work of inspection to an inspector approved by the Department of Agriculture of the State of California, l who shall so conduct the inspection service r : ' I { that it shall meet the approval of the said State Department of Agriculture, 4. It shall be unlawful for any person, firm or corporation, or agent, -employee., or servant of any person, firm or corper ation, to sell, offer for sale, distribute, or have in possession for sale or distribution any milk or cream in the City of Gilroy, ;° " until a registration fee of two- thirds of(,_* cent for each gallon of milk distributed during the preceding calendar month has been paid into the City Treasuryt,IThese fees shall constitute a milk inspectio4� ,fund and shall bpi paid on or before the first day of each mo�th,' °r- meet 5. The receipt for the payment of registration fees shall be issued by the City Marshal and shall be a permit for the sale of milk by the person to whom issued for the calendar month in which it was issued, and shall be posted in a conspicuous place in the delivery wagon or other place of business of such person* ^2.. f SECTION III. 0 Section 107 of Artic16.:3 of Part II of the Municipal' Code of the City of Gilroy is hereby amended to read as follows, to -wit; Section 107.'.J It shall be unlawful for any person, firm, 4 corporation or association, or the agent or employee of any person, firm, corporation or association, to sell, offer for sale, distribute or have in possession for sale or distribution in the City of Gilroy, any beef, veal, mutton, pork or meat food product, or any sea -food or poultry for human consumption unless such beef, veal, mutton, pork or meat food products, or sea -food or poultry, has been Inspected in accordance with the terms of the California Meat Inspection Law (Chap. 732, Statutes 19211) and amendments, and shall bear the stamp of the Federal, State, County, or Municipal inspection, or other recognized authority, ,7_4ow The California Meat Inspection Law (Chapter 732, Statutes 1921), and amendments, when it does not conflict with the Charter of the City of Gilroy, and this ordinance, is hereby adopted as the law of this City.rr_ a'sh shall create a meat, fish and ``'? poultry inspection department and may adopt rules and regulations for conducting the same; and shall delegate the actual work of inspection to an inspector approved by the Department of Agri- culture of the State of California, who shall so conduct the inspection service that it shall meet the approval of the said State Department of Agriculture. 3. It shall be tht duty of such inspector to make periodic inspection of all meat markets, sausage kitchens, hotel kitchens, restaurants, eating houses, lunch stands and peddling wagons, for the presence therein of any uninspeeted beef, veal, mutton, pork, or meat products, sea -food and poultry; -3- and to investigate the sanitary conditions of the storage and handling, and the wholesomeness of said named food, offered or to be offered for human consumption. And any such beef, veal, mutton, pork, or meat products, sea --food or poultry, found at any place subject to inspection as herein provided, not to have been inspected as required by this ordinance; and any.beef, veal, mutton, pork, meat.products, sea -food and poultry found to have become deteriorated or contaminated, and by reason thereof unfit for human consmption, may be seized by the said inspector or by the Health Officer of the City of Gilroy and destroyed either by tanking at some rendering works, or by slashing and saturating with kerosene or coal tar antiseptic. SECTION IV.-) v Any person, firm, or corporation or association, either as principal, agent or employee, or provisions of this Ordinance misdemeanor and, upon conviction by a fine not exceeding $100.00, City Prison not exceeding thirty fine and imprisonment. violating any provision shall be deemed guilty of a thereof, shall be punished or by imprisonment in the (30) days, or by both such 4ECTION V. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION VI. Thi Ordinance shall to effect and be in force from and of ter J P sed this 2 flay of , 19270 by the following vote: AYES: Councilmen F7, , Councilmen ABSENT: Councilmen APPROVED: This day 'of hJ ATTEST : �ZtiL Clerk ._4_ ayor. 192