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HomeMy WebLinkAboutORD 24-CAN ORDINANCE. An Ordinance relating to the care, production, exchange and. sale of milk sold in the -City of Beaumont, providing a penalty for the violation thereof and declaring an emergency. BE IT O-RDAI NEI BY THE CITY C OIII IL OF "TTL CITY OF BEAMMETT , TI MAS : --SECTION I -- It shall be unlawful for- any Pe=rson, .firm or corporation to bring into the City for the purpose of sale, exchange or delivery or.. distribution . in the. -,City of Beaumont, or to .sell, exchange, deliver .or-. distribute in the City. of -Beaumont any milk Me which has a tem- perature higher thangrees fahrenheit... SECTION IIS- 1 All milk produced. for the purpose of sale, exchange delivery or distribution in the City o'� Beaumont shall be strained and cooled to ��grees fahrenheit as soon" as it is drawn from the cow, and shall be kept at or below Z&Wa ddgrees fahrenheit until delivered to the, consumer except during.the process of pastlari zation.' -SEDTION III" When milk intended for sale, exchange,. delivery or d_i str i.bu t1on' i -n the City of Beaumont is to be paslur i ze d, such"pasteurization shall be performed by a process whereby every portion of the milk is raised to a temperature of one hundred and forty, five degrees fahrenheit ,and retained at that temperature for _a period of thirty minutes by t'he holcling process, and immediately thereafter cooled to a temperature below ��'qygxees fahvanhe'it: No milk shall be pasteurized a second time. -SECTION IV - Each pas puri nation apparatus shall. be equipped with a time and temperature recording appax.atus approved by the Board of Health which will accurately record the �I � tempe�at�re and length of time the milk had been heated.w f i 'The records made by this recording apparatus shall be accurately dated and kept on file subject at all times to the inspection of the Board of I-Iealth or its duly author i zed agents or inspectors. -SECTION V -- No milk shall be labeled . p as.tlir i zed unless the.' pasturi zat ion thereof shall' have been performed in accordance with the provisions of Sections two and three of this. ordinance, -SECTION VI1. Any person, firm or corporat-ion who shall. violate any of the provisi ons of this ordinance shall be deemed guilty of a misdemeanor and upon conviction in the City . C our t shall be f ned in . any. sum ,not .less- than twenty-five (,25.,.00) Dollars'nor more than' -'two' hundred (200.00) -Dollar s - for -each offense, - - SECTION VII - In addition -to the .penalties above ;provided the,h.ealth officer, if he finds any person,, -firm or cor- poration violating this ordinance, may, in his discretion revoke the permit of such person, firm or corporation to sell, exchange deliver 'or distribute milk in the. City of Beaumont; provided, however; that no such permit shall:be. revoked until after .hearing is given by said health officer in the matter of revocation of such permit after five days notice in writing has been served on the owner,- of such permit, stating -the grounds for complaint and the time and place of hear ing4 SECTION VIII- Wbex eas , . the fact t hat the re is. now no- law providing that milk intended for sale shall be kept con*. tinuously at a ' temperature that will stop the tremendous increase:. of bacteria, .and, i Whereas, the fact exists that the present system reduces a large number of bacteria making the milk dangerous and -unsafe f,or sale, creates an imperative public emergency and necessity, requiring tbat the rule requiring ordinances to be read at three regular meetings shall be suspended. Said. ruls is therefore hereby suspended and this ordinance shall go into full force and effect from'and after- its lawful passage and publications Passed this ,the �� /7— Passed of y!Z A.D. 191 . Approved by the Mayor this the '/4—day of >l A.D.. j9 .. May 0r . Attest: City Secretary. FILED ON THIS THS OF Q4-� –1916 J. G. SUTTON CITY SECRETARY By re �Atssistmt City Secretary FILED ON THIS THE 10 OF OOT – �91� J. G U T T 0 N CITY SECRETARY BY 1AWBLED ON THIS TI- I. ` Assistant City secretary J G. SUTTON CITY SECRETARY By e;.cc:c:._.a: G;.y tnaretaul Beaumont, Texas, To the Hon. hlayror & City Council, C ity. Gentlemen: We, your Grdinance committee, to whorl was referred the attach.ed ordinance be- to report teat we have duly considered. same and recommEnd that it be adopted. Respectfully submitted., Ordinance Committee. `lonorable: w._ujaot'c - J e• ehcr, Payor, 6., i'Sembe s 0: 0ity Council, Cit,; of 3e2.U.rteat' Tome-"". Gentl emen: the under::, i <_ned comittee, Toprosenting Ghe c� __�_:��f?,� a�'. tiit; � :ity 0 0: �, ,alt .;n � ed in the dairy bus i,�zegv., a ost -;T --reGuo s-:, '_nd a -2- e. that .y ��?' honor: ble body Fa.vo uq him: ring before you or S11eh C::,mra .t` '-e Es you :,.,').y 1`11' the -•)ar-))ose, a )on the ordinance passed by the City Council_ on .-Tay 15th, M7, �'7, �°F ul c�tning yo�nn ((��"'." :ectin- the -l!arodtzc.t3 ori and ..["1e of Edl'r1'-' n1 r+ 1 c:ij? .i1C V 7J1 �i _ -ter `. �� ��: i.. :c�l _'�'.. on 3J.CSL� tlJ th, i'ho o' -:'din -ace =7_ec of ZcctP on o_-2 y coy �enaent. In .,e bf.t; to Say�j UD .0:. rand the Tes;)onsi- bili -y u"_)0i'l 171 us produoE rlo J1 Ti1] lh 2o- coi"!Bum-ption. by the pifolic, and fally w ,' }^cci .r e the .:imzo; rianco WE' keen:iri, the roil �3iZ,3,.)! y ..)lase L -2d wholo: ome Yn order 1;;o swfegu::.rd the Y oalth o:Z the �i�1.ic�, wnd� oclin" �hlr. responsibility, %-1,c �'. vo-r, as -Ouch U ; any.. 'eLc.onable i CA's gu,remc)e "Pldwhole- z�'. amu-m'iyo -3""t bull.;Jt the. ID F, syd ;aur T3ono�,..ble Ib o -a ' �.� 15th iasto goes boy:,nd the ur'3©cue _._ Gor. deal �:n� � -',�,t,.: .� ���., _ nd ume� , � o b) den u� l.:r: et a : evlous ob jectio.Flc tci theU• - tor6Jnc7.3 co, o0 joctioJi`3 Z/�3 C'?. ;-FJ �':F_ 'i 1.Qy tJ'el ieve will cause tile L'O'1moil, ' ,y I ,.ne in such ray as to amply ch�' -alic at 11-]e s rac li.�oq �3er:.c±t the jDroducers o1 )_dUR: tc continue the business u.)on a `1 i v I i1g basic :LtlrthOZ' that .'_iC3n we -.,ore 't? 1 C1'E3 '��1D vi C l i] ;3'C'ir0`� t7e and i'. 'E �;UlC7 11 [ U,i O�' � � na c0 tiJ0U1d 1 v _ not on da' be c lthou.-?h v.e h: d been invited vo ap-_-oar bf fC7rE'J 'GYlE7 COUnc% , t:7GG 4-hatbe'L�ore the OTdi- n-,nceyy .I1`J/�' ,, to be 1Jt "u,.C� 'L'1(� .iv ;�:ly� 'tic s;7_vw-L �`�7.y', l;�u rti�y_f�i.''.!r1�1�!1C�� 11t�.V 6111_ li_1_•46e 4-. •�L. ix..... .-_jcL tJ ho ai_xt, .�'vJ he-J..c l�J_ J�_'�. � ..- Ue ile. ord -In nce hrj-d boo, -L For ' I)o i:'o-'e+ ,)-.I." '201 : foils, wey ^` `:�f'G � �i7ii_�7 Y'f-,-ouoot I2t� 11?: -c' t1jat t:rE� be `;=1.'QT(,n � hoz; x i.Zl` r ..�P) i1c 0 'G � '. i C� orU.1 l3�. 3f��-uI4-1ctin to 1 -to 'Gen --m6 n 'D ON THIS THS 17 TTON C' J U CITV 5EM1741 a:1 , lei � .To the Honorable Emmett A. Fletcher, 1.ia�yo'r, and the City Council of the City of Beaumont, or.the Ordinance Committee of said Council. Gentlemen: r'e, the undersigned citizens of the .City of Be,�uriiont enc -aged in the dairy business or ' the business of . -producing and selling milk to the public, earnestly urge the repeal of the ordinance -oassed. on ,'ay 15, 1917, to go into effect June 15-, 1917, for the following; reasons respectively submitted; At the outset we ,7 ish it' to be distinctly understood that eve believe in and favor any, reasonable and- sane law relating to the production and sale of milk to the public, having for its ou-rpose and which will insure the safegula' ding .of the public health. �1e believe that such laws are necessary and that they ought to be strictly -and uniformly enforced -to, -the letter.. '.�-e donot believe in ana do not desire a law with -any loopholes whatever or thut will leave the possibility of e1-,asion. ie believe that_ any man who violates a just .and reasonable law relating to the production ::Jnd sale of Alk-, . passed to safeguard the public health, should be prosecuted vigorously 'and the heaviest penalty placed, upon him:. We- . not only believe this but. s Gland willing to .aid the, -p-abl is authorities in the detection a.nd prosecution '.of any such - nn. tie say this at the outset because_ this is the way we feel and where we stand on the subject. We believe that Section l'of the ordinance com- plained of , herein it is z�rovide_d th .t it shall be unla��vful i'or any -;producer and seller of milk to sell, exch.nge, deliver or dis- tribute any milk which has a temner:_ture higher than sixty degrees Fahrenheit, 'is unreasonable and unjust both to the'producers and the- canuu7.ier� a:nd-•. is tic able and- casts an unrea.sbnable burden upo.n' all concerned----becaus-e: -- - (a) To compel -the producer to redi�.ce the temperature of all milk after it comes from the cow to sixty degrees Fahrenheit and keep it at that temperature until delivered to the consiuser would in effect force him into the cold storage business -- which tire, the undersigned, mould do if necessary. (b) It i s .a known scientific fact that for milk to be reducedto and' kept for so -----ie time at a temperature. of sixty de- grees Fahrenheit.and then suddenly raised to a higher temperature by being placed in ,,farmer atmosphere where it remains for some time, has a bad effect upon it and makes it worse than if it had never been.chilled at all. (c) lFost dairymen in this community start to ;Milking between one and two o'clock x.11: they are usually -on the road delivering milk'by three-thirty..o'clock: to reduce the temperature of the milk to sixty degrees Fahrenheit and deliver the same on the porch of the customer at three -thirty or.four or four -thirty o'clock A. -,,I , not to be taken up. and transferred. to the ice box or refriger- a tQT or' the - f _xyily until- from- --six. -to eight _..o_' clock_as is true in - n1ne cases out of ten, the milk will sour and be unfit dor use for the purpose for which purchased, and, a, we are informod and believe, bacteria in these circumstances i ill :i_ncr,ease ;auch more rapidly than if the milk had not been chilled at all, or at least will in- crease more than if the C-nimal newt had merely been removed immediately unon coming. from the _cow and kept in that, state until delivered. (d) Host dairymen in this city, es-pecially the undersigned, begin milking in the afternoon at from twelve -thirty to one o'clock: they go, on the road to deliver it from two -fifteen ti -P, v 1 Page 2. to three o'clock:: nine cases out of 'ten all milk delivered remains on the front Uorch of the customer from one to. three sand four hours: some,.t if.not.most of i;hat' time, the milk,unavoidab'ly is in.. the sun: if when delivered the teiiiperature of the milk -is sixty degrees Fahrenheit, -it is prz:xtically no good for consumption when t" -ken from the porch 'by the customer. certainly it, is no good for the.burpose for which produced and sold; and the increase of bacteria* over %,,,hat it would be if the animal heat .were reiiioved only would, of necessity, be, -much greWter. The result of all this would be that the producer. would be -out to an almost prohibitive exocnse at the present price of milk; and the . consumer vrould have a just and reasonable com-. »faint because his milk would be clabbered or -soured and,. in addi- tion, be filled with bacteria. ?.Ve believe that in lieu of Section- l of said oral. dina.nce that the•producer should be compelled to tike the animal hel-t from the milk as soon as it comes'from the ebw, and no more =` simply chill the milk sufficiently to remove uhe animal. -heat there-. from. This, experience teaches us,. is the only sane and ;practical :v<:Ly to handle this ,Platter in this climate and under all the condi- tions orevai ling, ',� ith 'all 'of the other, safeguards set forth -. in the old ordinance •,;hich is tion in :force and the additional sa:Le- guard 'w.;hich -we .-propose, in lieu of the unjust, unreasonable and im practicable .section complained of, • the situation would be met coci- ���letely, and pure and wholesome milk would be -practically guaranteed. j;�e think the .old, law is good and ought to be enforced to .the letter; but we .think the , emiend.rae.nt we propose ought to be added to it. Novi in' this direct connection we- iraht ' to" --call- your - attention to this serious situ,�tion with respect to the mirk su-pply in this community: there -is a. great quantity of milk sold in this community that never comes under the law at' all.. _."ilk is sold oromi scuouslyT from Tifiily .cowh that is never seen 'by the inspector, and the regulations pas'sod and on the books are nevor convolied with4 l,wr instance, a family -r:ill have 'a cow Wh ci2 _Droauc.es more milk tha is consuried by the. family and the surplus is sold. ;, i e _'Mow of cases of this sort- where negros go around reddliiig and delivering milk by hand. 'Besides these cases, inili is into Beaumont and sold and such milk is never, ins�:,ected and -out under the test as far asour investigations disclose. Of course these conditions ought .not to exist. - -They are .de.plorr ble. :;e s-ee no reason in and, we imagine, no good can,come from, a certain element in the community being forced to toe the line laid down by tl-Le rules and regulations and for znothe:_­ element to disregard them altogether. li vGrt of the people �'re to be protected, all the people, oi course, should be protected. I -f' the rules and regulations. apply to sot -ie producers they ought, Ath equal force, to, apply to every producer: .?e call your attention to this i�,iatter because c think it is necessary- for the public- saai"ety-that--thy remedied. Everybody =,,nows , and nobody :nor, s better than vrre, that it is necessary for the public health that the milk supply be kept vure and wholesome and these rule's and regulations ought to be made uniform and universal in. their application and enforcement. No Text