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HomeMy WebLinkAboutOrdinance 4563 ORDINANCE NO. OFFICIAL RECORD CITY SECRETARY AN ORDINANCE AMENDING ORDINANCE NO. 2877, WHICH IS AN FT. WORTH, TEL ORDINANCE REQUIRING PERMITS FOR THE OPERATION OF PACK- ING PLANTS, MEAT CANNING PLANTS, MEAT PROCESSING AND MANUFACTURING PLANTS, WHOLESALE MEAT PLANTS, AND FROZEN FOOD LOCKER PLANTS, BY PROVIDING A NEW SCHEDULE OF PERMIT AND INSPECTION FEES; PROVIDING A PROCEDURE FOR INVOICING; AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH TO DETERMINE WHETHER INSPECTION IS REQUIRED; EX- EMPTING THE CITY FROM LIABILITY; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES NOT EXPRESSLY REPEALED HEREBY; PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM; AND PROVIDING AN EF- FECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section II of Ordinance No. 2877 is hereby amended, and, after being so amended, it shall hereafter read as follows: "SECTION II. "PERMITS - It shall be unlawful for any person to operate or engage in any of the occupations, vocations or businesses hereinabove defined as packing plant, wholesale meat plant, and frozen food locker plant, or to distribute, sell or offer for sale within the City of Fort Worth any of the products of any such plant located outside said City of Fort Worth, without first having made application in writing to the Director of the Department of Public Health for a permit so to do and receiving and holding a permit to operate or en- gage in such occupation, vocation or business. The ap- plication shall be made upon forms prescribed and fur- nished by the Department of Public Health, and such ap- plication shall show the name of the applicant, the na- ture of the" business, the location of the premises upon which the business is to be carried on, and such other information as may be required by the Director of the Department of Public Health. "A written permit to engage in one or more of the hereinabove specified occupations, as the case may be, shall be issued to the applicant when he has complied with all applicable federal and state statutes, city ordinances, and rules and regulations of the Department of Public Health governing sanitation and protection of public health, and has furnished satisfactory proof of such compliance, together with satisfactory proof of future compliance for the term of the permit. "Any permit granted hereunder shall remain in full force and effect until the end of the fiscal year of the City of Fort Worth in which said permit is issued, un- less sooner revoked for cause, and a failure to comply with any ordinance of the City of Fort Worth, or law of the State of Texas, or rule and regulation of the Depart- ment of Public Health concerning sanitation and public health shall be deemed cause for revocation of the permit. "The Director of Public Health of the City of Fort Worth shall have the full right and power to revoke any permit issued under the terms hereof if the permittee shall have given cause for the revocation of such permit. "A renewal permit shall be secured annually in like manner as the original. The fees hereinafter set out shall be charged for each permit and each renewal per- mit, and such fee shall be payable in full for any frac- tion of the fiscal year for which the permit is granted. "Each permit granted hereunder, shall be nontransfer- able and shall be displayed conspicuously at all times within the place of business for which the permit is granted. "When a permit is issued by the Director of the De- partment of Public Health under the terms of this ordi- nance, an official establishment number shall be assigned to the holder of said permit by the Director of the De- partment of Public Health." SECTION 2. Section III of Ordinance No. 2877 is hereby amended, and, after being so amended, it shall hereafter read as follows: "SECTION III. " (1) A permit shall not be issued hereunder unless the permittee shall comply with this ordinance and pay fees to the City of Fort Worth through its Director of the Department of Public Health on the following basis: (a) To operate a frozen food locker plant -- $10.00 per annum; (b) To operate a packing plant, a meat canning plant, a meat processing and manufacturing plant or a wholesale meat plant within the -2- City of Fort Worth which is duly inspected by the United States Department of Agricul- ture or by the State of Texas, where it has been determined by the Director of the De- partment of Public Health that no additional inspection by the City of Fort Worth is re- quired -- $25.00 per annum; any person operat- ing such plant shall furnish to the Director of the Department of Public Health satisfac- tory evidence that the United States Depart- ment of Agriculture or the State of Texas has, in fact, inspected and approved said plant; (c) To distribute, sell or offer for sale within the City of Fort Worth the products of any packing plant, meat canning plant, meat pro- cessing and manufacturing plant or wholesale meat plant which is located without the City of Fort Worth which is duly inspected by the United States Department of Agriculture or by the State of Texas, where it has been de- termined by the Director of the Department of Public Health that no additional inspection by the City of Fort Worth is required -- $25.00 per annum; any person operating such plant shall furnish to the Director of the Department of Public Health satisfactory evidence that the United States Department of Agriculture or the State of Texas has, in fact, inspected and approved said plant; (d) To operate a packing plant, a meat canning plant, a meat processing and manufacturing plant or a wholesale meat plant within the City of Fort Worth where it is determined by the Director of the Department of Public Health that full time inspection is required to in- sure compliance with the applicable City or State ordinances, statutes, laws or regulations -- $6 00.00 per month; those plants where it is determined by the said Director that additional full time inspectors are required shall pay an additional sum of $aO-0O per month as a full time inspection fee for each additional full time inspector required; and (e) To distribute, sell or offer for sale within the City of Fort Worth any of the products of any packing plant, meat canning plant, meat processing and manufacturing plant or whole- sale meat plant located without said City which is subject to inspection under any applicable City or State ordinance, statute or regulation, where it is determined by the Director of the -3- Department of Public Health that full time inspection is required to insure compliance with said ordinance, statute or regulation $1600,00 per month; those plants where it is determined by the said Director that additional full time inspectors are required shall pay an additional sum of $S,5'o.00per month as a full time inspection fee for each additional full time inspector required. " (2) Any person who operates a packing plant, a meat canning plant, a meat processing and manufacturing plant or a wholesale meat plant within the City of Fort Worth, or who distributes, sells or offers for sale within the City of Fort Worth the products of any such plant located without the City of Fort Worth shall pay the appropriate fees as herein set out on a pro rata basis based upon the time required for inspection, if such plant requires part time inspection, as determined by the Director of the De- partment of Public Health. " (3) Prior to the first day of each month, the Director of the Department of Public Health shall prepare or cause to be prepared an invoice in triplicate for the amount due for the fees herein required. A copy of such invoice shall be sent to the permittee, and a copy shall also be sent to the Commissioner of Accounts of the City of Fort Worth. Thereafter, if such fee has not been paid to the City of Fort Worth within ten (10) days from the date of the invoice, inspection by the Director of the Department of Public Health shall be withdrawn and the permit can- celled. Any person, firm or corporation failing to pay the applicable fees herein provided for within the time limit herein specified shall be deemed to have forfeited his right to operate any packing plant, meat canning plant, meat processing and manufacturing plant or wholesale meat plant, or to distribute, sell or offer for sale any of the products of said plants within the City of Fort Worth. " (4) The Director of the Department of Public Health is hereby authorized and empowered to determine whether inspec- tion is required of any packing plant, meat canning plant, meat processing and manufacturing plant or wholesale meat plant to insure compliance with the applicable City and State ordinances, statutes, laws or regulations; and said Director is further authorized and empowered to determine whether such inspection, if any, shall, be on a full time or a part time basis." SECTION 3. Ordinance No. 2877 is further amended by adding the following section: -4- "SECTION XV-A. "All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any city official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. " SECTION 4. If any provision, section, subsection, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances is for any reason held to be unconstitu- tional, void or invalid, or for any reason unenforceable, the va- lidity of the remaining portions of this ordinance or their appli- cation to other persons or sets of circumstances shall not be af- fected thereby, it being the intent of the City Council of the City of Fort Worth in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inopera- tive or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall repeal every prior ordinance in direct conflict herewith but only insofar as the portion of such prior or- dinance shall be in direct conflict herewith, and as to all other sections of ordinances not in direct conflict herewith, this ordi- nance shall be and is hereby made cumulative. -5- SECTION 6. This ordinance is hereby declared to be a digest and revision of prior ordinances regulating the inspection and sale of meat and meat products. The City Secretary of the City of Fort Worth is hereby directed to publish the same in pamphlet form for general distribution among the public, and said ordinance as so published shall be admissible in evidence as provided in Section 3, Chapter XXVI of the Charter of the City of Fort Worth. SECTION 7. Any person, firm or corporation which violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of, any of the provisions of this ordinance shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION B. This ordinance shall take effect and be in full force and effect from and after February 1, 1962, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. Johndroe, Jr. City Attorney