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HomeMy WebLinkAboutOrdinance 3509 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 3113; PROVI- DING FOR THE ISSUANCE OF PERMITS TO MILK PRODUCERS, MILK HAULERS, MILK DISTRIBUTORS AND OPERATORS OF MILK PLANTS; PROVIDING FEES FOR SUCH PERMITS; PRO- VIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 3 of Ordinance No. 3113 be amended and as amended shall read hereafter as follows: Section 3. PERMITS--It shall be unlawful for any person, firm or corporation to bring into, send into, or receive into the City or its police jurisdiction, for sale, or to sell or-offer for sale therein, or.to have in storage where milk or milk products are sold or served, any milk or milk products defined in this ordinance, without having first secured a permit from the health officer of the City. Every milk producer, milk hauler, milk distributor, and operator of a milk plant shall secure a permit. Only a person who complies with this ordinance shall be entitled to receive and retain such a permit. Per- mits shall not be transferable with respect to persons and/or locations. Such a permit may be temporarily suspended by the health officer upon violation by the holder of any of the terms of this ordinance, or for interference with the health officer in the performance of his duties, or may be revoked after an opportunity for a hearing by the health officer upon serious or repeated viola- tions. FEES--Every operator of dairy or dairy farms shall make application to the Director of the Department of Public Health and Welfare, upon forms prescribed and furnished by the Director, for a permit to produce milk, operate and do business in the City. Such per- son shall pay therefor in advance the sum of Six Dol- lars ($6.00), and thereupon shall receive a permit in writing to produce milk, operate and do business in the City in accordance with the provisions of this or- dinance. Unless revoked, such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non- transferable, and shall be annually renewed upon ap- plication and payment of a like sum in accordance with and subject to the conditions and terms of this ordi- nance. Every milk distributor or operator of a milk plant, which plant and/or the milk received into such plant are inspected by the Department of Public Health and i. Welfare, shall make application in writing to the Director of the Department of Public Health and Wel- fare, upon forms prescribed and furnished by said Director, for a permit to distribute milk and to op- erate and do business in the City and shall pay there- for/in advance an inspection fee as follows: Such fee shall be based upon the total amount of milk received in such plant and shall be in the sum of Forty Cents (4o0 ) per 1,000 gallons of milk received in such plant. Provided, however, that in the event such milk plant be located outside the city limits of the City of Fort Worth, the fee shall be in the sum of Seventy Cents (700 per 1,000 gallons of milk received in such plant. Such fee shall be payable in monthly installments. Each distributor shall present to the Department of Public Health and Welfare a sworn statement of the total amount of milk received by such distributor for the preceding month on or before the 5th day of each month, and the inspection fee payable by such distri- butor shall be computed upon the basis of such sworn statement and shall be paid by such distributor at the time of the presentation of such sworn statement. Pro- vided, however, that for the first month that any dis- tributor shall make application for a permit under the terms and provisions of this ordinance, the first monthly inspection fee shall be based upon an estimate submitted by such distributor as to the number of gallons of milk he expects to receive in his plant during the first month of operation under such permit. Upon payment of the inspection fee for the first month, such milk dis- tributor shall receive a permit in writing to distribute milk and do business in the City in accordance with the provisions of this ordinance. If such distributor shall promptly pay such monthly inspection fee, such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non-transferable, and shall be renewed annually upon application and continued payment of the monthly inspection fee in accordance with and subject to the terms and conditions of this ordinance. In the event that any person shall operate both as a producer and as a milk distributor, such person shall be required to secure a separate permit for such production and distribution, and shall comply with and pay the fee hereinbefore described before he shall be permitted to en- gage in such milk production and milk distribution. Any person who shall distribute milk within the City of Fort Worth and whose milk is inspected and certified by some authority other than the City of Fort Worth shall make application to the Director of Public Health and Wel- fare for a permit so to distribute milk and shall pay therefor a fee of Twenty Five Dollars ($25.00) for the first 500 gallons or fraction thereof of milk so distri- buted, and Ten Dollars ($10.00) for each 500 gallons or fraction thereof in excess of 500 gallons, such fee to be computed on the basis of the average daily quantity of milk distributed during the preceding year. Provided, however, that in the event such distributor shall have not previ- ously distributed milk within the City of Fort Worth under the terms and provisions of this ordinance, the fee for the first year shall be computed upon the basis of the quantity of milk such distributor shall estimate will be distributed r during the first year of operation under the terms and provisions of this ordinance, provided, further, however, that the Director of the Department of Public Health and Welfare shall in such cases have the authority to adjust the fee levied herein when it appears during the first year's operation that such estimate is more than twenty- five per cent (25%) in error. Upon the payment of such fee, such milk distributor shall receive a permit in writing to distribute milk and do business in the City in accordance with the provisions of this ordinance. Such permit shall continue in force for a period of one (1) year, beginning and ending with the fiscal year of the City, shall be non-transferable, and shall be renewed an- nually upon application and payment of a like sum in accord- ance with and subject to the terms and conditions of this ordinance. Every milk hauler shall make application to the Direc- tor of the Department of Public Health and Welfare, upon forms prescribed and furnished by such Director, for a permit to haul milk, operate and do business in the City, and shall pay therefor in advance the sum of Six Dollars ($6.00). Upon payment of the fee, such milk hauler shall receive a permit in writing to haul milk and do business in the City. Unless revoked, such permit shall continue in force for a period of one (1) year, beginning and end- ing with the fiscal year of the City, shall be nontrans- ferable, and shall be renewed annually upon application and payment of a like sum in accordance with and subject to the conditions and terms of this ordinance. SECTION 2. Any person, firm or corporation who shall violate any of the terms or provisions of this ordinance shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be fined in an amount not to exceed Two Hun- dred Dollars ($200.00). Each day's violation shall be a separate offense. SECTION 3. This ordinance shall be cumulative of all other ordinances of the City of Fort Worth except in those instances where such ordinances are in conflict herewith, in which instances, the terms of this ordinance shall pre- vail. SECTION 4. Should any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional or void is in- separable from and indispensable to the operation of the remaining parts. , r 3 The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be uncon- stitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORM: Assistant City Attorney ORDINANCE No File Day o � - 19 .� City Secretary P.O. No. 25449-U