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HomeMy WebLinkAboutOrdinance 4406 ORDINANCE N0. ��d� OFFICI AL REC CITYAN ORDINANCE AMENDING ORDINANCE NO. 4059, THE SAME BEINGAN FT. TH, ORDINANCE DEFINING POULTRY AND POULTRY PRODUCTS, DRESSED POULTRY, AND EVISCERATED POULTRY; REQUIRING PERMITS FOR THE PROCESSING OF POULTRY AND POULTRY PRODUCTS; PROHIBITING THE SALE OF ADULTERATED OR MISBRANDED POULTRY AND POULTRY PRODUCTS; PROVIDING FOR THE ENFORCEMENT THEREOF, INCLUDING THE INSPEC- TION OF RECORDS AND OF PRIVATE AND PUBLIC PROPERTY; AND RHGU- LATING THE SANITARY OPERATION OF .POULTRY PROCESSING ESTABLISH- MENTS AND THE LABELING, PROCESSING, STORAGE, TRANSPORTATION AND SALE OF POULTRY AND POULTRY PROWCPS, BY PROVIDING FOR THE ADOPTION OF STATE LAWS REGULATING POULTRY AND POULTRY PRODUCTS FSTABLISHMENTS AND PROVIDING FURTHER FOR THE APPLICATION, LI- CENSING AND INSPECTION OF POULTRY PRODUCTS ESTABLISHMENTS; PRO- VIDING FOR THE FIXING OF PENALTIES; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDI- NANCES; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPH- LET FORM, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 4059 be and the same is hereby amended so that here- after said ordinance shall include the folloving provisions: SECTION 2. ADOPTION OF STATE LAW AND REGULATIONS The City Council of the City of Fort Worth hereby adopts the State law and rules and regulations regulating sanitation of poultry and poultry products establishments as enaeted by the Legislature of the State of Texas and promulgated by the State Board of Health (Chapter 339, Acts of the 49th Legislature, 1945, as amended). Any amendments to the State law or changes in rules and regulations that may hereafter be promulgated by the State Board of Health shall be deemed to be a part of this ordinance and adopted as of the time same become effective. The State lava, rules and regulations as adopted herein, together with the amendments applicable to the subject natter, shall be the basis of this ordinance and of Ordinance No. 4059, as amended, as they become effective. SECTION 3. APPLICATION FOR LICENSE Any person, firm or corporation desiring a license to establish, maintain or operate a poultry products establishment shall make written application to the Director of the Department of Public Health and Wel- fare of the City of Fort Worth on a form furnished by said department, stating the name and residence of the applicant, if an individual; or the names and residences of all members of the firm, if an association or partnership; or the names and residences of all officers and agents of the firm, if a corporation; and in each case the location and the premises where such poultry products establishment is to be conducted shall also be stated. The Director of the Department of Public Health and Welfare shall then make or cause to be made an investigation of the premises and of the reports of inspection of the premises named and described in said appli- cation for the purpose of determining the fitness and suitability of such premises for a poultry products establishment from a sanitary standpoint. If the Director of the Department of Public Health and Welfare shall be satisfied that the premises where the poultry products establishment is to be located are proper and suitable from a sanitary standpoint, he shall issue or cause to be issued a license to such applicant. SECTION 4. APPLICATION FOR INSPECTION The initial application for inspection shall be accompanied by draw- ings in duplicate designating and describing floor plans, setting forth the location and nature of the principal pieces of equipment, floor drains, principal drainage lines, hand washing basins and hose connections for cleaning purposes, elevations, cross and longitudinal sections of various buildings showing principal equipment, heights of ceilings, conveyor works and character of floors and ceilings, and a plot plan of the limits of the premises with locations in outline of buildings on the premises, together with roadways and railways serving the property, all of which shall be drawn to scale. Applicants may, before submitting plans, request informa- tion from the Director of the Department of Public Health and Welfare con- cerning such requirements. SECTION 5. ISSUANCE AND REVOCATION OF PMUETS A permit in writing shall be issued to the applicant, to be effective -2- when the applicant has complied with the requirements of all laws, rules and regulations with respect to sanitation and public health. Such per- mit shall be nontransferable and must be renewed annually on each suc- ceeding lot day of October of each successive year after its issuance, unless revoked for cause. If the holder of such a license violates any applicable ordinance of the City of Fort Worth, the State law, or rules and regulations of the Department of Public Health and Welfare, such vio- lation or violations shall constitute cause for the revocation of such permit. Said permit shall be displayed at all times in a conspicuous place on the premises for which the permit has been issued. SECTION 6. COMPLIANCE WITH RDvULATIONS No person, firm or corporation shall process any poultry product or poultry food product in the City of Fort Worth, or process for sale, display, offer for sale or sell within the corporate limits of the City of Fort Worth any poultry or poultry food products, until such person, firm or corporation has complied with the rules and regulations of dress- ing, plant and establishment where poultry or poultry food products are manufactured or sold, such rules and regulations being promulgated under Ordinance No. 3+059, as amended, or as provided under the rules of the Texas State Department of Health under the terms hereof. SECTION T. INSPECTION FEES - FULL TIME INSPECTION INSIDE CITY LIMITS All persons, firms or corporation operating a poultry slaughtering or packing business subject to the provisions hereof and whose plant or plants are located within the corporate limits of the City of Fort Worth and inspected under the direction and supervision of the Director of the Department of Public Health and Welfare, and who operate such business on a full time basis (requiring a full time inspector), shall pay to the De- partment of Public Health and Welfare of the City of Fort Worth the sum of Five Hundred and Fifty Dollars ($550.00) per month as a full time in- spection fee. Those plants which in the opinion of the Director of the Department of Public Health and Welfare require additional full time in- -3- spectors shall pay the sum of Four Hundred and Treaty-five Dollars ($425.00) per month as a full time inspection fee for each such addi- tional inspector required. SECTION 8. INSPECTION FEES - FULL TIME INSPECTION OUTSIDE CITY LIMITS All persons, firms or corporations operating a poultry slaughtering or packing business subject to the provisions hereof and whose plant or plants are located without the corporate limits of the City of Fort Worth and inspected under the direction and supervision of the Director of the Department of Public Health and Welfare, and who operate such business on a full time basis (requiring a full time inspector), shall pay to the Department of Public Health and Welfare of the City of Fort Worth the sum of Six Hundred Dollars ($600.00) per month as a full time inspection fee. Those plants which in the opinion of the .*Director of the Department of Public Health and Welfare require additional full time inspectors shall pay the sum of Four Hundred and Seventy-five Dollars ($475.00) per month as a full time inspection fee for each such additional inspector required. SECTION 9. INSPECTION FEES - PART TIME INSPECTION Plants that in the opinion of the Director of Public Health and Wel- fare now require or may hereafter require part time inspection, whether located within or without the corporate limits of the City of Fort Worth, shall pay the appropriate fees herein set forth in Sections 7 and 8 on a pro rata basis based upon the time required for such inspections. SECTION 10. RENEWAL OF PERMIT Application for the arcual renewal of permits herein required shall be made to the Director of the Department of Public Health and Welfare on forms furnished by said Director not less than thirty (30) days prior to October lat of each year. -4- SECTION 11. INVOICING - PENALTY FOR NONPAYMENT Prior to the let day of each month, the Director of the Department of Public Health and Welfare of the City of Fort Worth shall prepare or cause to be prepared an invoice in triplicate for the amount due for the inspection fees herein required. A copy of such invoice shall be sent to the licensee hereunder, and a copy shall also be sent to the Commissioner of Accounts of the City of Fort Worth. Thereafter, if such inspection fees as levied by the ordinances of the City of Fort Worth have not been paid to the Department of Public Health and Welfare of the City of Fort Worth vithin ten (10) days from the date of the invoice, inspection by said Director shall be vithdravn and the license cancelled. 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 for- feited his right to process, display, offer for sale, hold for sale, or sell any of the poultry or poultry food products hereby regulated. SECTION 12. POULTRY PROCESSORS' AND MANUFACTURERS' INSPECTION FEES Persons, firms or corporations not engaged in poultry slaughter- ing or packing but who process poultry or manufacture poultry food products, and whose plant or plants are inspected under the direction and supervision of the Director of the Department of Public Health and Welfare of the City of Feat Worth, shall pay the following inspection fees: (a) Plants processing poultry or manufacturing poultry food products and located vithin the corporate limits of the City of Fort Worth, Twenty Dollars ($20.00) per month for each plant; and (b) Plants processing poultry or manufacturing poultry food products and located vithout the corporate limits of the City of Fort Worth, Forty Dollars ($40.00) per month for each plant. -5- The method of invoicing for such fees shall be the same as herein provided in Section ll above. SECTION 13. PLANTS EKENTT FROM INSPECTION All persons, firms or corporations engaged in poultry slaughtering or the poultry packing business whose plants and establishments are duly inspected by inspectors of the United States Department of Agriculture or by inspectors employed by the State of Texas are hereby declared to be exempt from the payment of inspection fees to the City of Fort Worth, Texas, save and except a minimum annual Twenty-five Dollar ($25.00) license fee, but it is expressly provided that such persons, firms or cor- porations shall furnish to the Director of the Department of Public Health and Welfare of the City of Fort Worth satisfactory evidence that such plant or plants are being duly inspected by the United States Department of Agriculture or inspectors employed by the State of Texas. SECTION 14. INSPECTIONS BY OTHER MUNICIPALITIES Plants which are inspected by another municipality maintaining standards equivalent to those herein provided for shall be qualified to sell their products within the City of Fort Worth. The Director of the Department of Public Health and Welfare, or his duly authorized representa- tive, may from time to time make an inspection of such plants to determine if requirements similar to those herein provided for are being enforced by such other municipality. The products inspected in such plant or plants by such other munici- pality, prior to being offered for sale within the City of Fort Worth, may be inspected or caused to be inspected by the Director of the Department of Public Health and Welfare of the City of Fort Worth; and, if approved, a permit shall be issued to such plant or plants upon the payment of a fee of Twenty-five Dollars ($25.00). Such permit shall be in effect for the balance of the then current fiscal year, and thereafter an annual permit in- spection fee shall be due and payable on October lot of each succeeding year. -6- SECTION 15. PENALTY Any person, firm, association of persons, company or corporation, its agents, servants or employees, who violates or disobeys, omits, neg- lects or refuses to comply with, or who resists the enforcement of, any of the provisions of this ordinance shall be fined not to exceed Two Hun- dred Dollars ($200.00) for each offense. Each day that a violation is per- mitted to exist shall constitute a separate offense. SECTION 16. EXEMPTION FROM LIABILITY 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, 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 per- sonally 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 17. SAVINGS CLAUSE Should any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdic- tion, such decision shall in no way affect the validity of any of the re- matte parts of this ordinance unless the pari held unconstitutional or void is inseparable from and indispensable to the operation of the remain- ing parts. 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 unconstitutional if it had known that such parts were unconstitu- tional at the time of the passage of this ordinance. SECTION 18. ORDINANCE CUMULATIVE OF OTM ORDINANCES This ordinance shall be cumulative of all other ordinances of the -7- City of Fort Worth except in those instances where such ordinances are in conflict herewith, in which instances the terms of this ordinance shall prevail. SECTION 19. PUBLICATION OF ORDINANCE IN PAMPHLET FORM The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in pamphlet form for general distribution among the public, and this 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 20. EFFEC' TIVE DATE This ordinance shall take effect and be in full force and effect from and after March 1, 1961, and it is so ordained. APPROVEDASTO FORM AND LEGALITY: S. G. Johndroe, Jr. City Attorney -8-