Chapter 6.08
MILK AND MILK PRODUCTS
Sections:
6.08.010 Dairy—Defined—Prohibited within city limits.
6.08.020 Permit—Required for selling— Veterinarian’s certificate.
6.08.040 Permit—Sanitary conditions necessary for issuance.
6.08.050 Persons with communicable disease prohibited in production.
6.08.060 Manure accumulation—Removal.
6.08.070 Manure and refuse accumulation—Nuisance—Abatement.
6.08.080 Penalty for violations.
6.08.090 Interpretation of provisions.
6.08.010 Dairy—Defined—Prohibited within city limits.
No person shall maintain a dairy within the limits of the city.
The “maintaining of a dairy” is defined and declared to be the maintaining of three or more cows, and selling the whole or any part of the milk or milk products therefrom. (Ord. 30 § 1, 1920).
6.08.020 Permit—Required for selling— Veterinarian’s certificate.
No one shall use or sell within the city any milk or butter, or milk products from any cow kept within the city until such cow shall have been examined by a veterinary surgeon, and the certificate of such veterinary surgeon showing that he has made such examination and the date thereof, the owner of the cow, and that such cow is free from tuberculosis or other disease calculated to render the milk, butter or milk products from such cow, unhealthy, and giving such distinguishing description of the cow as will render her capable of identification, shall be filed with the board of health of the city. Upon the filing of the certificate, the city health officer shall issue a permit for the sale of milk from the cow. No one shall sell within the city any milk, butter or milk products from any cow kept outside the limits of the city until such cow shall have been examined by a veterinary surgeon, and the certificate of the veterinary surgeon showing that he has made such examination, the date thereof, the owner of the cow, and that such cow is free from tuberculosis or other disease calculated to render the milk, butter, or other milk products from such cow, unhealthy, and giving such distinguishing description of such cow as will render her capable of identification, shall be filed with the health officer by the owner of the cow, and shall have procured a permit from such health officer to so sell such milk, butter or other milk products within the city. (Ord. 30 § 2, 1920).
6.08.030 Permit—Recordation.
The health officer of this city shall keep in his office, free to public inspection, a record showing the name of the owner of all cows as to which permits may have been issued, the date of such permit, and the date of the last examination of such cow. (Ord. 30 § 3, 1920).
6.08.040 Permit—Sanitary conditions necessary for issuance.
No permit shall be issued, nor shall milk, butter or any other milk products be sold from any such cow, unless the stable and premises where such cow is kept are maintained in a clean and sanitary condition as provided in Sections 6.08.060 and 6.08.070. (Ord. 30 § 4, 1920).
6.08.050 Persons with communicable disease prohibited in production.
No person suffering from any communicable disease, or who is liable to communicate any such disease to other persons, shall assist in or about the production of milk or cream or other dairy products for sale in the city, or in or about the sale thereof. No person having power and authority to prevent it shall knowingly permit any person suffering from such disease to work in or about the production or sale of milk. (Ord. 30 § 5, 1920).
6.08.060 Manure accumulation—Removal.
Every owner, lessee, tenant or occupant of any stable, stall, pen or apartment in which any horse, cow, or other animals shall be kept, or of any place in which manure or liquid discharged from any such animal shall accumulate, shall remove such manure or liquid from such stable, stall, pen or apartment daily, and shall not allow any such manure or liquid to accumulate within the city, but shall remove all such manure from the city at least once per week, unless same is spread upon the gardens or lawns of the city for fertilizing in such manner that flies cannot breed therein, or unless same is placed or kept in some such receptacle as may be approved by the health officer of the city as being sufficient to prevent the breeding of flies in the manure or the escape of noxious odors therefrom. (Ord. 30 § 6, 1920).
6.08.070 Manure and refuse accumulation— Nuisance—Abatement.
Any accumulation of manure, garbage, kitchen or table refuse, decayed or refuse animal or vegetable matter, swill, trash, street sweepings, offal, or any other rubbish or offensive or ill-smelling matter within the city, unless kept in a fly-proof and odor-proof receptacle approved by the city health officer is declared to be a nuisance, and the chief of police* is authorized to have the same abated forthwith upon the existence of the nuisance coming to his attention, and the cost of abating the same may be recovered in a civil action against the owner or occupant of the premises whereon the nuisance is maintained or against the person, firm or corporation maintaining same. (Ord. 30 § 7, 1920).
*Editor’s Note: The term “marshal” has been editorially changed to “chief of police” in accordance with Section 1.08.020 in this code (Ord. 238).
6.08.080 Penalty for violations.
Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail for a period not exceeding thirty days or by both such fine and imprisonment. (Ord. 30 § 8, 1920).
6.08.090 Interpretation of provisions.
Nothing herein contained shall be construed as a repeal of any other ordinance relating to public health, or of any ordinance requiring a city license or tax. (Ord. 30 § 9, 1920).