Ordinance 391
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ORDINANC! No.; 39~
AN ORDINANCE AMENDING SUBDIVISIONS 2, 3 and 4 OF
SECTION 106, AND SECTION 107 OF ARTICLE II, OHAPTER lJ
PART 11 OF THE M1:NICIPAL CODE OF THE CITY OF GILROY,
REIATIVE TO THE DUTY OF THE 'HEALTH OF1Ji1ICER AND
REGUIATING THE INSPEOTION AND SALE OF MIIK, OREAM AND
MEAT IN THE CITY -OF GILROY, AND PROVlbING A PENALTY FOR
THE VIOIATION OF THE SAME.
The Mayor and Gommon Counoil of the' Oity ot Gilroy
do ordain as fol1ows~
SECTION 1.
That Subdivisions 2, :3 and 4 of Section 106, ..Qf
Artiole II, Chapter 1, Part 11 of ,'the Munlo,lpal Code
of the City of Gilroy be amended to read as follows:
2. That the whole milk as described in the Pure
Milk Law of California shall contain not less than
3.6 per oent fat, and shall not oontain more than
5,000 baoteria per oubio oen€imeter at the time of
delivery to the oonsumer, or m~re than ~O,OOO baoteria
per cubia centimeter at the tim<3 of de11ve:oy for
pa s teur i q:. 1JiOitl .
3. The Mayora~dOotlP'on Oounoil or the City of
Gilroy 6hall designate a Milk Inspeotion ~partment ~or
the Cj..t,y of Gilroy whi::h wlll be governed by s,uch rules
and reg.llet1ons relative to the inspeotiof1 of milk and
cream as thG said Mayor and Common Counoil shall adopt.
. The actual work of insoection ahall be delegated
to Dn ~,~lS1:::::utor 8.vp:':'yed by the Departme:tt of
Agrtc'.1.1 ture of t::'-l~~ 3ta te of California, 'ho shall so
oonduot the ins'Ooction servioe that it ~hal1 meet with
the a~p~oval of the said state De?artme~t of Agrioulture.
4. It sh~ll be Qnlawful for any ~~rson, firm or
corpora tion to sell, effer for sale, distribute or have
j,n its possession, t'o:::- sale or distribution any milk or
cream in the City of Gilroy, until a r~gistration fee
hereinafter provided for ht:s been pe..jdto the City Clerk.
The registration fee fj};all be 61; the rate of two"
thirds of a cent for each gallon to be delivered dur.ing
suoh quarter and shall be payable qu~rterly in ad~noe,
and sha~~~~ted by ascerta1ningtheav&~ge daily ~
gallons distrlbiitlitt 'ftnJ.. th!oee preoeed11;lg 410nths pro~1ded, ~.'t'.If
however, that the minimum ree for re..g~.t$tion shall ltE}
.. Fifteen ($l5 .00) Dollars per qultrl6l> I _ndprovided .....
furtb;V.... ~..l}.at the reg1strr,tton fe"ro':.: ~ny person, "f'$.rm ,
or corporat1.01f wh10il 'ha~..:r~ot sold, of'f',re,d fdr sale, or
distx.j.buted milk aT' CTeam f~'t tbe p::>e o.edingquarter,
shall '0"3 !<'ifte81l (~15. 00, Do110.,,(,;3 ~er ~uarter, payable
in advance for such quarter, OY ~) ?PC rata thereof
fo'!' ti'\e 1.~nexpil'ed po\....tio:rt of such "t}ua. rter, should he
comn\{;nce su<.n 53ie. a~a'(1i.stYibu-li()~1 f\.r~er the commence-
men-\. of said qu.arte~. rrhe ref5istr~'tion auarters shall
beE,in wi.th -th.e :first day of Ji,.\'Y\u3ry;. A ~T'il, July, and
October or each ye~r.
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SECTION II.
That Section 107 of Article 11, Chapter 1, !art 11
of the Municipal Code of the City of Gilroy be amended
to read as follows:
Section 107. 1. It shall be unlawful for any
person, firm, oorporation or assooiation, or the agent
or employee or any person, firm, oorporation or
association, to sell, offer for sale, distribute or
have in possession for sale or distribution in the
City of Gilroy, any beet, veal, mutton, pork or meat
food product, or any sea food or poultry tor human
consumption, unless suoh beef, veal, mutton, por~,~~or
meat food produots, or sea food or poultry, has ..en
inspected in aocordance with the terms of the Carifornia
Meat Inspection Law ( Chap. 732, Statutes 1921), and
amendments, and shall bear the stamp of the Federal,
State, county or munioipal inspeotion, or other
recognized authority.
2. The California Meat Inspeotion Law ( Chapter
732, Statutes 1921), and amendments, when it does not
oonflict with the Charter of the City of Gilroy"and
this ordinance, is hereby adopted as the law of this
City.
3. The Mayor and Common Council of the City of
Gilroy shall create a meat, fish and poultry
inspection department and may adopt rules and
regulations for conducting the same; and shall delegate
the aotual work of inspection to an inspeotor approved
by the Department of Agriculture of the State of
California, who shall 50 Jonduct the inspeotion
service that it shall mee~ the approval of the said
State Department of Agriculture.
4. It ::;1.8.11 be the duty of such inspector to make
periodi.o insI'eot:~on of aJ I meat markets, sausage ki tohens,
hotel kitchens, restaurants, eating houses, lunch stands
. and peddling wagons, for the presence therein of any
uninspected beef, veal, mutton, pork, or meat products,
sea food and poultry; and to investigate the sanitary
conditions of the stora~e and handling, and the
wholesomeness of said named food, offered or to be
offered for human consumption. Any suoh beef, veal,
muttori, pork, or meat produots, sea food or poultry
found at any plaoe subject to inspeotion as herein
orovided, not to have been inspected as required by
this ordinanoe, and any beef, veal, mutton, pork, meat
produots, sea food and poultry found to have become
deteriorated or oontaminated, and by reason thereof
unfit for human oonsumption, may be seized by the
said inspeotor or by the Health Oftioer of the City
of Gilroy and destroyed, either by tanking at some
rendering works, or by slashing an4 saturating with
kerosene or coal tar antiseptio.
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SECTION III.
Any person, firm or oorpora~lon or assooiation,
either as prinoipal, agent or emp1oye6, violating
any provision or provisions of thls Q~dinanoe shall be
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deemed guilty,<lt a l'l1isdemeanor and, upon oonviotion
thereof, shall be-~~~ by ~1Be'not exoeeding
$100.00, or by imprisonment in the oity prison not
exoeeding thirty (30) days, or by both suoh fine and
imprisonment.
SECTION IV.
All ordinanoes or parts of ordinanoes in oonfliot
herewith are hereby repealed.
SECTION V.
This ordinanoe shall take effeot and be in foroe
from and after April 1st, 1933.
passed this 31st day of Maroh, 1933, by the
following vote:
AYES: Counoi1men S.D. Heok, J.H.Rueh, Geo.Easton,
Geo. C. Ml1ias,Jr., Fred C. Boook.
NOES: Counoilmen None.
EXCUSED: Councilman Geo. A. Wentz.
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APPROVED this 31st day of Maroh, 1933.
Elmer J. Chesbro,
Mayor.
ATTEST:
E. F. Rogers,
Clerk.