Ordinance 378
1
,
,.
r
i ,
~
1
i
.~
L
'!
?'
1
.
I
~( Ii
Ii
...
'+
.Jt
,II
\'".t
'\
:>1
I
~.'
'i-
'-,
~4
'It
i'
t:
.l
\
ORDINANCF~ NO. 31 't
AN OHDINANCE PROVIDING l"OB THE INSPE:CTION OF IJILK n~ THE
CITY OF GILROY, REGULj\'rn~G THE PHODUCTIOU, THANSPORTATION AND
SALE 0:[.1 MU.l{ AND CHEAM, CHEArIIIl~G A FUND FOR THE ADMINISTRATION
OF TIIIS ORDINANCE, PHOVIDING PENALTIEl3 FOR l'HE VIOLATION THERE-
OF .lU~D RF;PEf"LING ALL ORDnUJ'{CESAND P1\R!rS OF ORDINliNCES IN CON...
FLICT HERBV/ITH.
The Mayor and Common Council of the City ot Gilroy do Or-
dain as tollows:_
SECTION 1; The inspeotion ot milk and milk products and
all places where milk and milk prOducts are prodt'toed, handled,
or aold, within the City of Gilroy, and the inspeotion of all
dairies and dairy herds p.roduQlng milk o.r milk Pl'"I:>ducta fot' sale
or consumption within the Baid aity, Shall constitute ~ milk in-
speotion service and shall be oonducted by the Committee on
Publio Health and Safety ot the Con~on Council of the City of
Gilroy, who shall have the power to promulgate stlch rules and
regulations as may be necessa17 for the purpose of carl'y1ng out
the provisions of this ordinance. SUbject to the approval of
the Mayor and Common Council of the City ot Gilroy, the Oonwittee
on PublIc Health and Safety may appoint a Milk lnapector and
SUCh assistants and employeea as may be necessary to .rendet' the
servioe herein'desoribed.
SEOTION 2: Milk Insr~ctIon shall be sO conduoted as to
meet with the approval ot the DeptU'tment of Agrioulture ot the
State of California, as provIded by the laws of the State ot Cal-
ifornia. It shall be the duty of said Inspeotor, aas~8tant8,
deputies, and employees to strictly enforoe the p1!'ovi~ions of
this ordinanoe and all provisions of the laws of 'the State rela-
tive to milk or milk produ.ots, dairies, creameries Ot' dairy hero.
..,
._:...._~~----~
"3~()
'J '----
I '
insofar as they shall be pe~tinent to the City ot Gilroy and its
inhabitants.
SEOTION 3: Any authorized inspector of the City of Gilroy
shall have the right and it shall be his duty to enter and have
full access, egress and ingress to all placed where milk or
products of milk or cream are kept, stored or kept for sale, and
to all vehicles, railroad oars, automobiles, auto truoks or oon-
veyances ot any kind used tor the transporting of milk or milk
produots for human oonsumption 1:a1 tbe City of Gilroy. Any duly
authorized inspector ma_ take samples of sufficient quantity for
the purpose ot testing milk, oream, oheese or butter, prOducts
ot milk or oream, or im1tationproduot~ of milk, oream, oheese
or butter, to be sold or on hand tor sale within the City of
Gilroy.
SEOTION 4: It shall be unlawful for any person, tirm, as-
sociation or corporation, either by themselves or through their
agents, servants or employees to produce, ship, or send into,
bring into, or offer for sale or expose tor sale or sell or de-
liver for distribution, sale, use or human oonsumption, within
the Oity of Gilroy, any milk without having obtained from the
Committee on Public Health and Safety or the Common Counoil of
the City of Gilroy, a permit so to dQ. Such permit shall be
revooable at any time tor the violation of the provisions of
this ordinance or the rules and regulations of the Oommittee on
Publio Health and Safety, and ordinances of the Oity of Gilroy
or the laws of the State of California realtive to t~ produG-
""
tion, distribution and sale of milk and milk produots, or for a
refusal to permit the inspeotion of the premises or the baking
of samples as in this ordinance provided. Such permit shall be
granted only after the Milk Inspector of the City of Gilroy has
made a thorough investigation and survey and has found that the
milk proposed to be brought into the City of Gilroy or offered
"
2
or exposed for sale in said City, has been produced from OOWS
that have been proven to be free froom tubet'oulosi$ by offioial
test; or in th.e event that suoh survey 01' inspectlon is mt
practical on the part of the Milk Inspeotor on aooount of dis-
tanoe between the City of G1.1roy and the souroe at the milk
supply, then and in that event said permit !ll::;l~r be c;:r"'1l1tod by the
, Milk Inspeotor or the Con1m1ttee on Publio Hetilth and Llafety up-
on adequate proof satisfying the Inspeotor or the Corrmittee on
Public Hee.lth and Safety that all of the rnilk to be b::rought in-
to the City or Gilroy 1s produoed from a heJ'd thlit is Elntlrely
fl10e from tuberoulosis. In this regsrd, 1'10 permit can be grabte
to bring milk in the City of Gilroy or offered for sale wtthin
the Cit~r of Gilroy from eny source, unless the SCluroe of supply
handles only milk that has been produced from herds free from
tuberoulosis J and milk shall not be offered. for sale 1n the <Hty
of Gilroy fronl any wholesale institution that received milk from
any other lIource than herds free from tuberoulosis. Permi to
shall not be transferable. The pl'ovisions of this seotion shall
not apply to the conduot of places where mil1-: is oonsumed on the
prel'd,sea and not sold to be consumed elsewhere.
SECTION 5: Where any vehicle is used for the delivery ot
milk, it shall bear a number corresponding to the number of the
permit granted in aaaordmce with the provisions of this o1"'d.in-
anaEl. Where more than one vehicle 19 used tor the delivery ot
milk from any SOuroe of supply holding a permit "tude%" the p:ro-
visions of this ordinanoe, then eaa.h vehicle so used shall bear
a numbo1" oo:rrespond1l'lg with the number of' the permit under which
said source of supply is operating. Such number shall not be
less than 3 inches in height and placed where it will be exposed
to public view at all times.
SEOTION 6: All applications fOr ~rmite reqtlired by Section
4 shall be in writing on blanks furnished by the Mayor and Oom-
~'
3
~ -"
',3 5~
~ '_J
il
mon CouncIl. Suoh application shall be acoompanled by the
mileage tee provided tor in Seot1on 15 hereof, in case an in..
.paction is required whioh is subject to said tee.
SECTIOn 7: No application to:r a pe:rmlt ahall be approved
or a pe:rmlt issued until the MIlk Inspector ahall have made an
inspeotlon of' the p%'emises described in the appllt!)atlon Or ahall
have received satisfactory proof ot theoondltlon of the prem..
ises and found the same and the produot to be supplied therefltom
to be Ineonf'4rmity wIth the lawaot Calif'omla and the 'pro_
visions of' this ordinance, and the milk supp17 tIt) be satisfactory.
I
Certificates of' inspection trom other than the Milk Inspeotor 01'
the City of' G11roy may be acoepted QS such when $.tlstacto~ to
said Inspector ot the City of GIlroy, Or to the Cornm1ttee on
Public Health and Safety, 01' either, ot them.
SEOTION B: The proviSions of the laws Of the State of Oal-
ifornia respecting the production, grading, treating, process.
lng, labeling, transpo:r>tatlon. distribution and sale of' milk
and milk produots and all sanltar,' m..suvea oonnected therewith
are hereby made a part of this ordlnanoe.
SECtl'I0N 9; It shall be unlawful to produoe, ship or send
into, bring Into, ofter for sale, expose tor sale, oX' eell 01'
deliver tor distribution, s41. or use within the City ot Gilroy,
any milk Or milk produots that al'e not p:x-oduced, pro~essed,
gra.ded, labeled and handled in every :reapeot in oontormlty with
the la.ws ot the State of California and the oM1tl11Does ot the
01 ty of GilroJ; and the pEn"sQn, r:'rtt, assooiatioll Or oorporation
produoing, transporting, handling and sell'ng milk shall be the
holdor of' an unrevoked perrl11t so to do as in this ordinanoe
provided.
SECTION 10: It ahall be unlawful tor an,. peJ,tson, f'u-m o:x-
oorporation to sell, otter tor sale or dlstrlbutlonndn the Oity
ot G111'oJ. tot' human consumption, any milk, PLtl'pQl'ting to be
4,
sold or offered for sale under the provisions Of the ordinL~ae8
of the City of Gilroy relative to the inspeotion and grading
of milk, tmless said milk, whetheX' raw Or pasteu:rised, comes
trom non-reacting tuberculin tested, O~fS. If more than ten per-
cent of a herd a:re tound to react to the tuberoulin, test at
any time, the entire he~ shall be retested within six months
and within not less than sixty days, and. it any further t'eactors
are found, mIlk from suoh herds shall not be sold as ra~ milk.
Said milk shall be pasteurized until two successive teats have
bean made on the entire herd oovering a period at one yeo.1", dur-
ing whioh time no ree.estors are found. Any oow O:t' oows, in a
,
herd. from whioh milk is sold for human oonsumpt i01:1 J shall be re...
movedfltom the dairy within twenty-four hours after a positive
reaotion to the tuberoulin test has been found. Said 'tests
ahall be made by a duly a.uthorized representative or the Sta.te
Depa.rtment of Agriculture.
SECTION 11: Ungraded milk shall not be sold, offered for
sale or distribution at any plaoe within the City of Gilroy,
other than the plaoe wh(;)l~e it is produoed. Suoh milk shall not
be sold o:t> distribUted at any store, market, restaurant, bakery
or other publio place.
S:fl;CTION 12: All gJ'ocery stores, delioatessens or other re.
tail establishments hroldllng milk tor human oonsumptio~, must
have, in addition to all other sa.nt.tal'7 a.ppurtenanoes, a oapaoit
of ioe or r-ef:rigeration whioh will maintain II temperature under
fifty degroees Fahrenheit within the said r-e.frige:rator , whioh sba
hAve suffioient capaoity to hold the amount of milk handled on
:said premises. Baid re!'rigerator must be properly drained. in
acoordance with the plumbing ordinanoe of the Oity ot Gl1r07_
SECTION 13: Any person, firm or oorpoX'ation selling, of tel'
ing :tor sale, or distributing milk from one cow dalriea6 shall
5
./
.'C
l,l'
h.<
. ?
.
pt'ovlde a plaee which shall be used solelr tor the purpose ot
handl1ng, bottling or storing the milk, and whicb. shali be kept
in a clean and sanitary oondition at all times. Any person,
t1l:'ID o:r oo:rpOl'lllt'nn selling, offering for sale, l:>l' distributing
milk trom one 00'11 dairies shall sterilize all bottles, pails,
containers and other utensils used in handling the milk, in
boiling water 8.1' 212 degrees Fahrenheit oX' in live ~team at 170
der,;:rees Fahrenh.eit tor at least fifteen minutes.
SEOTION 14: Milk trom one cow dairies shall be labeled
ttRaw .Market Milk" and shall not be sold at stores tor retail
purposes unle.. said milk and dal:t'y .from whioh it oomes shall
oonto.l"m to the standtU'ds of grading and to the requirements.fbr
the produotion ot milk or oream 1:8 established bir the "Pluta Milk
Law" of Cali.forni.a, and the rules contAined in th:ts. ordinanoe
tor ltGraded Milk", and unless a permit tOl:' suoh g:raade be granted
by the Milk Inspector of the City ot Gil~Ol.
SECTION 15: Uno.ar the provisions ot this o:rdlnanoe relative
to the inspection and grading ot milk and milk produots 1n the
City of' 0111"07, it Shall be unlawful for any person, tirm or oor-
poration or agent or employee of any pel'son, tirm or oorporation
to sel.otter tor sale, distribute or have in possessIon tor
sale or distribution, any milk or oream until a registration tee f
two-thirds of a cent is paid tor eaoil gallon ot milk. sold or o.ia....
trlbuted; suoh tee shall be paid into the Oity Treaau17 on the
first day of' eaoh month and shall be oomputed on the number of
gallons ot milk distributed during the oalendat' mon'a pPeoed1ng.
These fees shall oonstitute a milk inspeotion ttuild and shall be
expenses solely for the enforcement of the provi$lons of this
ordInance.
SECTION 16: When any inspection takes place at a distanoe
ot more than ten miles, mea$ured from the City Hall ot the Oity
of' Gilroy, an additional ",e6 shall be palO. by such distributor or
6
~
seller to the amount ot ten oents & mile, each ,way, for the
distanoe trf1veled beyond the ten.mile dIstance for the purpose
of' making such inspeotion. In ca.se that mo:re than one seller
or distributor obtains mllk from the sar.w source 01" supply, sald
ml1ea.gtt charge shall be equally divided between them.
SEOTION 17: No pasteurized milk shall be sold within the
t./ City of G11roy unless the same is pasteuI'izEJd witJain a distance
in a direct line of six mlles in the outer boundary of the 01ty
of Gilroy, nearest the place 01" pasteurization. No milk, whether
rs,w or pasteurized, shall be shIpped 01' brought into the City at
Gilroy in bottles unless the same shall l:'l.ave been bottled within
a distanoe of sixrn11es from tli.e outer boundar1tiHJ "f the City 01"
Gilroy.
SECTION 18: :Persons maintaining one cow producll~ milk sold,
offered tor sale or distribution within the limits of the City
of GIlroy $11&11 pay a registration fee 01' $3.00 per annum.
SECTION 19 : The word Itperson" aa used in th1s ordinance
shall be understood to inolude a person, firm, dealer, aS80c1a-
tion, corporation, agent or employee, s1ngullU' or plural.
SECTION 20: The presence in or about the place 01' busine..
ot any person dealing 11'1 milk or cream or products ot milk or
cream, or in or about any vehicle used by any such person tor
delivery of the same, or any milk or cream, whioh is torbidden
by law to be sold, shall be prima tacie evidence at intent on
the part ot ~uCh person to sell the same and, of the faot that he
is holding or offering the sale tor sale.
SECTION 21: Any person, partnerShip, firm or corporation
that has applied for a perml.t under this o::rdinan.oe, whioh ap.
plioation has been refused, may apply to the Mayor and Common
Council of the City of Gilroy for a hearing, and at a time set
tor suoh hearing by the Mayov and Common Oounoil, said applicant
shall be heard, togethez- with any pl'oot such applicant may de...
'<'iv' ,.,
,
362
-
ILl
sire to otter A8. reason why such permit should be granted. At
such hearing the Mayor and Common Council ma, gl'llnt the pe2'mlt
applIed tor or sustain the decisIon of the Inspector In refus-
ing suoh permlt. The application tor 9. hearing blSfore the
Mayor and Common Counoll shall be in writing, setting forth the
following: That said peJ:fm:lt has been applIed for and refused
and b7 whom said J:fetusal was made, the reasons why 'the applioant
1s anti tled to a permit, and the reason, if krlOWl'l to applicant,
Why the said permit was refused.
SECTI U~ 22: In the event of the violation of the ~Jrovislon
of any ordinanoe by any holder of a permit herein provided for,
auch permit may be revoked by the Milk Inspector.
SEC'I'ION 23: The deliveryot milk withIn the CIty ot G 11ro1(
b:~ the holdell ot the parrnIt as hereln provided 1'01' after the re.
vooation of said permit, u!lall by a violatIon of this ordinanee
oonstitute a misdemeanor and be puniShable as he~eIn~fte~ pro-
vIded.
SECTION 24: If any section, subdivision, sel'ltenc~. olause
or phrase of thIs Ol'dinance is tor any reason held. to be un-
oonstitutional, such de.ois!on shall not effeot the validity ot
the remaining portions of this ordinanoe. The 11l1.yor and Common
Oouncil of the Oity ot Gilroy hereby dealaree that it would have
passed this ordinance, eaoh section, sub-section, sentence,
clause and phrase thereof i.rreapeotlve of the faot that anyone
or more sections, sub-sectIons, sentenoes, clausell oX" phxaB.Se8- be
deolared unconstitutional.
S:b~CTION 25: Any person, tim, oorporation or employee
thereot violating ttny provision ot this ordinance ahall be deem
guilty of a ndsdemeanor, and upon conviotion th.e:reot shall be
subject to a fine of' not less than twenty-five (~~:a5.00) Dollars,
nor more than One ilmdred ($lOO.OO) Doll~8, or 1)1 1mpra1.onment
e
in the oity jailor prison 1'01" a pe:rlCd of not more than six
months, or by both sUCh fine and imprisonment.. Eaoh sale of
milk in violation of this ordinanoe shall be a separate ottense.
SECTIOli 26: All ordinanoes and pa:rta of ordinanoes in
cOl"'1fliot herewith are her-eby repealed..
SEO'rION 27: This ordinance ahall take effect and 'be in
force from tUld after the ,first day of JanU&17 , 1932.
Passed this
vote:
day of Decemqer, 1931. QY the following
AYES: Counoilmen
NOES: Counoilmen
ABS'EHT: Counoilmen
Approved :
Mayor
Attest:
City Clel'k
9