165
ORDINANCE NO. 165 OF THE CITY OF CLLARWATEh, FLORIDA.
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AN ORDINANCE ENTITLED "AN ORDINANCE TO REGULATE THE BALE 00
MILK AND DAIRY PhODUCTS IN THE CITY OF CLEARWATER: TO PROVIDE
FOR THE INSPECTION OF DAIRIES AND TO PRESCRIBE PENALTIES FOR
THE VIOLATION THEREOF."
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' CLEARWATER:
Section 1. No person, firm or corporation, nor the agent,
employee, Servant or representative of such, shall be allowed S
to sell, offer for sale, or distribute within the City limits
of the City of Clearwater, any milk, cream, or other dairy
product, without first having applied for an obtained a permit
. ad hereinafter provided in this Ordinance.
` Section 2. Whenever any person, firm or corporation, or
the agent, servant, employee or representative of such, shall
. desire to sell, offer for sale, or distribute milk, cream or
other dairy product to patrons in the City of Clearwater, they
shall be required to make a written application to the Health
Officer of said City for a permit for the same. Such application
"shall be made upon a blank for that purpose to ?be .pto1?Xd6d by' tj1e
City olerk of the City of Clearwater. And said application
! shall give the name or names of the parties desiring said permit,
the.location of the dairy, the number and kind of cows used in
?y-such dairy, the number of wagons or other vehicles to be used
for the delivery of the dairy products, and shall be accompained
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by a certificate of inspection of the cows to be used in said
'.1 dairy, as hereinafter provided, and such application shall also
contain an agreement by the applicant to abide by and be governed
f 3 by the ordinances of the City of Clearwater and the rules and
regulations of the City Board of Health, Upon receiving such
F ::1 application, the Health Officer shall :cake a careful examination
of the premises where such dairy is conducted, the milk containers,
the cows furnishing the milk, and if the same shall be found to
comply with the ordinances of the City of Clearwater and the rules
and regulations of the City Board of Health, and the certificate
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at inspection shall show that the sows have been inspected
within 6 months prior to each application, and -:here free from
infection oftuberculosis or other disease, the Health officer shall
so certify to the City Clerk, who shall then issue such permit;
-' subject however, to be revoked at any time when the Health
Officer, upon an investigation of tbo milk, the premises of
the dairy or the cows furnishing the milk, shall decide that
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! the same is not up to the required standard.
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ing or premises.where contaguous disease exists, except under
such conditions as may be prescribed by the City Board of Health*
section 3. Lt shall be unlawful fox any person or persons
within.the corporate limits of the City of Clearwater to sell,
offer to sell or to have in any wagon or other place where it
is usually carried or kept, milk for sale, any milk or milk
product taken from any animal, which animal has not within
12 Months next prededing, been tested with tuberculin and
found bya representative of the City or State Board of Health,
free from tuberculosis, and so certified by such representative.
Section 4, Every person engaged in the production, storage
or distribution of milk, immediately upon the occurrence of any
case of cases of infectious or contagious disease, either in
himself or fancily, or amongst his employees, or within the
building or premises where the milk is ;stored, sold or distributed
for use in said City, shall immediately notify the Health Officer
or some member of the Board of Hehlth, and at the same time,
suspend the sale and distribution of milk until authorized to
resume the same by the City Health Officer.
Section &. No vendor of milk or cream within the corporate
limits of the City shall sell or deliver any milk or cream that
does not come up to such standard of bacterial content as may
be determined upon by the City Board of Health, but such standard
shall not be higher than that prescribed by the Dairy Division
of the United States Department of Agriculture.
Section 6. No person selling or distributing milk or cream
shall move any empty milk bottle or container from any dwell-
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Section 7. It shall be unlawful for any person or.persons to
adulterate mills offered for sale or sold within the limits
of said City, by mixing therewith. water or any obbor substance,
or to sell any milk from which the cream or any part thereof
f has been removed, except it be sold and labelled as "Skim"; acid
no person shall within the limits of said City sell or offer
for sale any milk of a diseased cow, or of a cow two weeks
before or within nine days after calving.
Section 8e All milk bottles or other containers shall be
washed and thoroughly cleansed before being returned to any
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vendor of milk, and no bottles or other conta
filled with milk byany dealer or vendor until they shall have
been thoroughly cleansed and sterilized.
Section 9e No person shall sell, distribute or have in his
? possession for the purpose of sale or distribution, any milk
• which contains legs than twelve per cent of milk solids or
more than eighty-eight per cent of watery fluids, or lase than
three per cent of milk fats, provided, however, that it shall
not be unlawful for any person to distribute, sell or have in
his possession with intent to sell or distribute, in a container
having a capicity of not more than sixteen fluid ounces, milk
especially prepared for infant or invalid feeding by adding there-
to pure water, milk sugar, cereal starches or other substances
which shall not differ in purity, quality or strength from the
standard fixed by this Ordinance, provided that such milk shall
? be labelled and sold as "Modified Milk".
? Section 10. It shall be unlawful for any person or distributor
of milk or cream, to transfer fb om one container to another any
milk or cream for retail consumption at any point outside of
;. the dairy or milk room of said vendors where the filling of
bottles or other containers may be done in compliance with
the provisions of this Ordinance.
Section 11. It shall be the duty of the City Health Officer
to keep a complete record of all milk or cream inspected or con-
" demed with reasons for condemnation, and record of tests showing
the name. o:t the Isnpeator, date of inspection, and all of the
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material facts of such. inspection, and such record shall be open
ti for inspection by any owner or manager of any dairy or any vendor ,
of milk or cream, and to tho general public, during resonable
office hours at the office of the City Clerk.
Section 12. In all cases where the City Health Officer is
authorized to act under the ordinances of the City of Clearwater,
or under the rules and regulations of the City Board of Health,
his acts shall be final until changed, modified or reversed by
'f the City Board of Health.
Section lS. It shall be unlawful, for any person to sell or ?
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offer for sale in the City of Clearwater any milk or cream from
f any cow which Is not supplied with good,clean and wholesome
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. food, or from any cow which is fed with swill,, garbage or refuse
from any hotel, restaurant, boarding-house, or residence, or from
any cow not in a healthy condition, or from any cow kept or
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permitted 'to remain in any barn, dairy, lot or building which ,'.
is not kept in a clean, dry and sanitary condition. It Is
hereby made the duty of the Health Officer to frequently inspect
' and report to the City Board of Health the Condition of all
cows kept for.-dairy purposes within the limits of the City of
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milk from which is sold or offered for sale within the City limits, t
amd to inspect and report upon condition of all dairy lots and build-
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ings and places where cogs, the milk from which is sold or offered
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for sale in the City of Clearwater are kept or fed or permitted
to remain, and it shall be unlawful for any person to sell or
offer for sale within the limits of the City of Clearwater any
milk from any cow which is kept or permitted to remain to any
lot, dairy or other place within or outside the limits of the City
of Clearwater, access to which for purposes of inspection is refused
y to any Officer of the Health Department of the City of Clearwater,
_ and any person refusing to permit the Health officer or any agent
r"; :•` of the Board of Health of the Ci*y of Clearwater to inspect any
cow, or the place where any cow is kept, milk from which is
f e ed for sale in the i of Clearwater, shall .
:forfeit is permit to sell milk in said Cit and no such person
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shall.again be granted a permit for one year after such
revocation of permit.
Section 14. It shall be the duty of the City Health. Officer
' upon making an inaspeoti.on as provided in this ordinance, if
he shall find that any vendor of milk or cream is violating
any.of the provisions of the ordinances of the City.of Clearwater,
or of the rules and regulations of the City Board of Health
regulating the sale of such product, that he shall immediately
order the venor so violating to suspend the sale of such
dairy product, or to revoke the permit issued to such vendor,
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it shall be his duty to cause all such offenders to be brought
before the Mayor's Court to be dealt with in accordance with
the laws nAd ordinances of said City.
Section 15. Any person, firm or corporation, or the agent,
servant, employee or representative of such, who shall vi.blate
any of the provisions of this Ordinance, shall, upon trial and
conviction, thorefor, in addition to the forfeiture of the
permit as herein provided, be ptinished by a fine not exceeding
Two Hundred Dollars or by imprisonment in the City Jail or at
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labor upon the streets or other public works of the City not
exceeding ninety days, or both such fine and imprisonment,
at the discretion of the Mayor.
Section 16. The sole and only object of this Ordinance
is for the proteotion of the health of the inhabitants of
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the City of Clearwater.
Section 17. This Ordinance shall become effective within
{ 30 days after its passage and approval by the Mayor.
Section 18, All ordinances or parts of ordinances in conflict
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herewith' are hereby repealed.
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: Pansed by the City Counoil of the City of Clearwater, thds
12th day of'Jan. A. D. 1916.
B. M. Caruthers
President City Council-
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R T. Danial `
City Clark
Approved by we thi.e 13th day of Jan A. D. 1916. #
• ? ' ' ____._ J. R. Thomas
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Acting Mayor
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