HomeMy WebLinkAbout039 - 12/15/1923 - RELATING TO THE SALE OF MILK AND ITS PRODUCTS WITHIN THE CORPORATE LIMITS OF THE CITY (EMERGENCY ORD ORDIANCE I10. C_3�, 1923,
BEING AN MTRGENCY ORDINANCE RFLPTI''G TO TI'_F SALE OF '.ILK AND ITS
PT?ODnCTS rITIIIN =, CORPORATE LI'.TITS OF THR CITY OF FORT COLLINS.
BE IT ORDAINED BY THE CITY CO[MIL OF THF. CITY OF FORT COLLINS:
Section 1. No person shall sell or offer for sale, or
cause to be sold or kept for sale, or given away, any milk or cream
for hz--zn food within the corporate limits of the City of Fort Collins
without having first obtained it license therefor as herein provided.
No person shall ship or bring into the city by freight, express or
otharwise, any milk or cream for sale without having a license so to
do. Any person desiring such license shall make application in writing
therefor to the City Council upon a form which shall be provided by
the City Clerk in which shall be stated the name of the applicant,
his residence and the location of the Place to carry on the business.
Accompanying such application shall be a report of the Food Inspector
or his deputy showing that the place of business has been investigated,
and having said Inspector's apIroval. Said application shall be
accompanied by a fee of Twenty-five ($45.00) Dollars, and all licenses
Issued under this ordinance shall expire on the thirty-first day of
December in eadh year. Provided, however, that this ordinance shall not
apply to hotels, restaurants or eating houses or other places of business
that serve milk or cream to their customers, obtained from regularly
licensed milk dealers, +nor to merchants who purchase milk or cream from
regularly licensed milk dealers for the purpose of re-selling the same,
nor to persona residing° in the City of Fort Collins who shall keep not to
exceed one cow.
Section 2. Every person or corporation receiving a license
under this ordinance shall keep the same in a conspicuous place in the room
or place for which it was granted, and every person authorized to peddle
milk or cream, or either of them, from a wagon or other vehicle shall cause
the name and the number of the license to be plainly printed in letters
and figares at least one and one-half inches in height in a conspicuous
place on the wagon or vehicle In ca.e the licensee shall ship milk or
cream, or either of them, into the city by express or otheririse, the
number of license shall be placed on every can and he shall keep the
same plain and distinct during the time for iihich such license is
in force I'
Section 3 Every person licensed under the provisions of
this ordinance who is engaged in carrying on the business of vending
milk and cream or either of them, «thin the corporate lirrits of the
C ty of Fort Collins shall keep all cans and other receptacles used in
and abo it the handling of *nilk and cream or (1i the r of them and all
refrigerators or compartments and stores or other places where milk
and cream, or either of them is kept stored or handled in a scrupulously
neat and clean condition and free from the presence or vicinity of any
article or thing likely to contamnna s or injuriously affect the quality
or sweetness of the milk or cream and shall cause all bottles cans
dippers or other receptacles in which milk or cream is kept to be
sterilized with boiling water or live seam before using again and
shall cause all bottles cans or dippers or other vessels used in or
about the peddling or vending of milk and cream to be scalded or
sterilized daily and all sterilizing and cleansing regtired by this
section shall be done a9 the Food Inspector or his deputies way direct
Section 4 No person shall deliver or bring into the City
of Fort Collins for sale any riilk or cream unless the same is contained in
a can or receptacle sealed with a metal seal by the shipper thereof and
such can or receptacle shall naie such seal intact at the time it is
brought into the City No person shall sell, offer for sale or dispose
of or deliver to any person any milk or cream or have any milk or cream
in his possession with the intent to sell, offer for sale or deliver
to any person wrich he knows or has reason to believe was received in
or brought into the City in a can or receptacle which did hot have its
seal intact
Section 5 It shall be the duty of the Food Inspector
or his depaties to visit and inspect all places and vehicles in which
milk and cream, or either of them, is sold or offered for sale, stored
or kept or delivered and inspect all vessels cans receptacles
packages refrigerators or compartmente in stores or buildings platforms
establishments, or places of any kind containing milk or cream, to
ascertain the condition thereof with reference to cleanliness and
sanitation and to cause the removal and abatement of any unfit,
unclean or injurious conditions attending the keepink, storing or
possession c%re, custody or control of ar* milk or cream at any and
in all places x
Section 6 The City Health Officer the Food Inspector
or his deuutiee, or any police officer shall have the right and power to
enter and have full access to all wagons railroad cars, or other
vehicles of any kind used for the conveyance or delivery of milk or
cream or any place where milk or cream is kept, bottled or stored for
sale or consumption in the City of Fort Collins and shall have the
right to take samples of milk and cream therefrom such samples not to
exceed one quart for the I.urpose of inspecting, testing or analyzing
the same
Section 7 No person licensed and-r this ordinance shall
keep sell or offer for sale or have in his possession charge or control
for sale within the corporate limits of the City of Fort Collins any milk
which contains more than eighty-eight (88%) per cent of watery fluid or
less than tvelve Uel ) Der cent of total solids or less than three and
four-tenths (3 40 of butter fat or more than 100,000 bacteria per cubic
centimeter No person licensed tnder this ordinance shall keep, sell or
offer for sale, or have in his possession, charge or control for sale
within the corporate limits of the City of Fort Collins any cream which
contains less than sixteen (16%+) per cent of butter fat No butter shall
be sold or offered for sale within the corporate limits of the City of
Fort Collins unless it has stav=ped thereon in plain letters and figmares
the name of the maker and the date of manufacture
Section 8 No person shall sell or offer for sale within
the corporate limits of the City of fort Collins, any milk from which
the cream or any part thereof shall have been taken unless such milk
shall be offered for sale and sold by such person as "skim milk," and
unless the cans or other receptacles containing such milk shall have
painted or printed on the outside thereof the words "Skim Milk' in plain
black letters to be kept plainly visible at all tines andlpo such person
shall sell, offer for sale or deliver any skim milk containing less than
eight and eight-tenths (8 eo) per cent of total solids other than butter
fat
Section 9 Whoever by himself, or by his servant or
agent or as agent or servant or employee of any other person sells
or offers for sale or delvers within the corporate limits of the City
of Fort Collins any *silk, cream or bettermilk or skim milk for human
food thich is unclean, diluted impure uncgholesome adkltera+ed or not
x
of the standard provided for by this ordinance, or milk or cream produced
from sick or diseased cows or fro^ cows kept in an unclean filthy or
unhealthy condit on or cows fed any garbage swill, refuse or other
improper foods or milk or cream that has been exposed or contaminated or
affected by discharges or e4halations of any human being or animal, sick
or infected, shall upon conviction be fined as hereinafter provided
Section 10 All milk or cream from sick or diseased cows
or cows fed on slops, or that may injuriously affect or be detrimental
to life and health shall-upon discovery thereof be confiscated or
forfeited by or under the dir-ction of the Food Inspector ov his depaties
Section 11 Every person owning, keeping or in possession
charge or control of any ow stable or dairy where milk cows are
stabled or kept, or fro-n which milk is sold within the corporate limits
of the City of Fort Collins shall have sach stable or dairy cleaned daily
in a thorough manner and the accunmiulations of manure shall be kept in
a tight covered box or receptacle and such manure shall be removed as
often as once a week, and shall maintain the premises +-nereof free
from refuse matter or offal
Section 12 All dairy cows which produce milk for the
maricet of the City of Fort Collins shall be free from all disease that
would in any %gay affect the milk, such as Tuberculosis Antbxax Inunpy
Jaw Garget Cowpox Enteritis, Septic Iletritie Suppurative processes,
Pneumonia, Parturient apoplexy Malignant Catarrh and the words "Dairy
Cow" are nereby defined to include the private cow from which milk is
sold No cow shall be used in any dairy which supT)lies milk for private
consumption or ase, or for sale within the corporate limits of the City
of Fort Collins unless such coy has been tested with tuberculin for
tuberculosis by a licenses veterinarian approved by the Food Inspector
and no milk shall be sold within the corporate li-nits of the City of
Fort Collins from any dairy unless a certificate from the inspecting
veterinarian shall hare been filed with tie City Clerk showing that
all cows in said dairy have been tested and are free from all the diseases
mentioned herein and this inspection and certificate shall be made and
issued apon date of inspection without er-)ense to the owner but such owner
shall file the certificate with the City Clerk within ten days after the
same is issued i Such certificate shall be filed at least once a year and
at such other times es the Food Inspector or nis deputies shall direct
No milk shall be sold or offered for sale or given away within the corporate
limits of the City of Fort Collins from any cow not so examined Additional
certificates shall be immediately filed for cows added to any dairys and
it snall be the duty of the Citj Clerk to keep a permanent record of all
such certifica*es Cove foand to be affected with any of the foregoing
diseases snall be marked or branded for identification by the Food
Inspector or his deputies, in such manner as to hake the same complete
and certain No milk shall be sold or given away from a coal which
shall calve athin fifteen days or has calved within five days nor until
such rulk shall become normal If any cow is sick or diseased, the owner
thereof snall not offer for sale or give away any milk therefrom and shall
notify the Food Inspector at once of the fact of such sickness or disease
The Food Inspector or his deputies shall have power to compel the isolation
from the h-rd of cows suffering from contagious diseases ITo nilk or cream
shall be sold, given army or delivered which shall be Droduced from any
hose or premises where there is a communicable disease affecting the cows
of those in charge of same
Section 13 It hall be un&awful for any person suffering
or infectious
with scarlet fever, diptheria, tuberculosis or oth-r contagio=/disease or
who has been knowingly eavosed to any such disease within a period of ten
days to handle, transport, deliver mix or to serve as a milker or
millZilan And ''it shall be un]ai&ul for any person to ase any bottle, can
or other vessel in the sale distribut on or delivery of milk or cream
which has been handled by any person sick with or infected with scarlet
fever, diptheria or other contagions or infectious disease All sickness
of either the family or employees, of whatever nature must be reported to
the Health Department within txaanty--four hours and failure to report a
contagious disease shall be cause for a forfeiture of the license It shall
be unlawful for any person to serve milk, cream, buttermilk, or skim milk
in bottles to any dwelling that has in it any contagious disease or that is
placarded by the Department of Health for contagious disease until such
placard has been removed by the proper authorities urovided, however, tba.t
milk may be emptied in a separate vessel furnished by such person or family
Section 14 All milk or cream gold for human food in
quantities of less than one gallon shall be delivered in glass milk bottles,
and all such milk or cream shall be bottled in the place provided by licensee
for such purpose, and shall not be re-bottled or re-capped after resoval
therefrom The dairy building regularly used for tnis purpose shall at all `
tines be kept in a clean and sanitLry condition Milk bottles milk cans
and cream bot les shall be used for no other parpose than as receptacles
for milk or cream
Section 15 Any person, firm or corporation consuming or
taking milk, cream, buttermilk, or skim milk from any can, bottle or other
receptacle shall immediately after such consumption or taking clean such
can, bottle or other receptacle with clean water
Section 16 If at the time of application for a license
under the provisions of this ordinance less than six months of the current
license year shall have expired, the applicant shall be required to pay the
full annual license fee of Tienty-five ($25 00) Dollars and if at the time
of such application more than six months of the current license year shall
have expired, the applicant shall be required to pay twelve dollars and
fifty cents ($12 50) for such license and no license shall be issued under
the prov sions of this ordinance for any period or part of any license year
for less than twelve dollars and fifty cents ($12 50)
Section 17 The rood Inspector is hereby authorized and
empowered to formulate sach rules and regulations not inconsistent with the
provisions of this ordinance necessary to procure a standard of milk and
cream required by the provisions of this ordinance, and it shall be unlawful
for any person to fail, neglect or refuse to comply with such rules and
regulations
Section 18 Upon a sworn complaint being filed with the
City Council of any licensee having violated any of the terms and provisions
of this ordinance, it shall be the duty of the City Clerk to notify such
licensee to appear before the City Council for a hearing on such complaint
and in the event the complaint is sustained it shall be la vful for the City
Council to revoke the license of such licensee and such revocation shall
not in any way release the licensee from prosecution under this ordinance and
fine and conviction as herein provided i
Section 19 All milk and cream sold in bottles within the
corporate limits of the City of Fort Collins snall be capped with caps bearing
in plain letters the name and aldress of the milk dealer selling the same,
also the true contents of the bottle and the serving of milk in any hotel,
restaurant or eating house within the corporate limits of the City of Fort
Collins shall constitute a sale of milk under the ordinance and subject to
all the provisions and no milk shall be so served except it be in bottles
direct from the producer witnoat the caps having been removed provided,
however, that this section of the ordinance shall not aoply to dispensaries
serving milk in connection with soda fountains)'t" WAL4o
Section 20 Any person, firm or corporetion who shall
violate any of the provisions of this ordinance shall upon convi,,tion be
fined in any sum not less than Ten ($10 00) Dollars nor more than One hundred
($100 00) Dollars and costs of suit
Section 21 All ordinances and parts of ord nances in
conflict with this ordinance are hereby repealed
Section 22 In the op nion of the City Council an emergency
exists for the preservation of the public health, pence and safety and
this ardinance shall tale effect upon itd -oassage and nublicetion under and
by virtue of the authority contained in Sections 6 and 7 of Article IV of
the City Charter
Introduced read at length and adopted by the unanimous
vote of all the wembers of the City Council this 15th day of December, A D
1943
Commi. siorer of Safety an xOfficio mayor
ATTEST
ity Ulerk
STATE OF COLORfiDO )
) SS
COUNTY OF LARIMER )
I, A J ROSM Ow, City Clerk of the City of Fort Collins, do
hereby certify and decl"e that the foregoing ordinance, consisting of twenty-two
(22) sections was duly rrorosed and read at length at a regular meeting of the
City Council, held on the 15th day of December, A D 1923, and was du15 adopted
and ordered published in the Fort Collins Express-Courier a daily newspaper
and the official newspaper of the City of Fort Collins by the unanimouse vote
of all members of the Council, as an emergency ordinance, in accordance with the
provisions of Sections 6 and 7 of Article IV of the City Charter and thereafter,
to- vit the 1 day of December A D 1923 said Ordinance No &9 was
duly published in the fort Collins Express-Courier a daily newspaper published
in the City of Fort Collins Colorado
IN WITNESS V119MOF I have hereunto set my bend and affixed
the seal of said City, this day of December A D 1923
City Clerk