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HomeMy WebLinkAboutOrdinance 30- 595, Regulates Sale and Distribution of Milk, Inspection and Requiring Permits 194 .J"'!ont'>f' Rl'l\l\ ----~::;~~- 'l- ?u -~L/ _______-,'n.r.r,;,r""-r..+;:.:::I:r::71r ORDINANCE NO. 595 AN ORDIN.A.1TCE REGULATING TBE SALE AND DISTRIBUTION O:F' MILK AJ\TD l.UUC PRODUCTS WITHIN THE CITY OF BOZEMAN, AND TilE INSPECTION THEREO]', Al-ID OF DAIHIES AlJD DAIRY HERDS PRODUCING SUCH 1,=IV~, AND THE I)LANTS VfHERE SUCH MILK IS BOTTLED, OR PASTEURIZED, REQUIRING PERl'HTS FOR TIlE SALE .Aim DISTRIBUTIUN THEREOF, Ju'JD I'ROVIDING PillJISI-J],11ENr.I' FOR VIOLATIONS 0]' THIS ORDINANCE. I BE IT ORDAI1JED BY urn: COl.IMISSION OF THE CITY OF BOZEl'iiAJ~: DEFINITIONS Section l. The following definitions shall apply in the inter- pretation and the enforceI18nt of thts Ordinance: (a) ADULTERATED l:IILK AIID LilLl\.: FRODUCTS: - An;,' substance claimed to be an~l milk or 1:"'..il1-:: l)roduct defined in this Ordinance, but .-' not, conforming with its definition as Ci ven in this ordinance - .,~ sh'ali be deemed adulterated and misbranded; ( h) BUTTER: - Butter is the clean, non-rancid product made' by gathering in any wBnner, the fat of fresh ripened milk or " cream into a mass which also contains a small portion of the other milk constituent s, with or without salt, and contains not less than eighty per cent. (80%) of milk fat, and not more than sixteen per cent. (16%) water. Butter ~:lLY also contain added colo:dng matter; ( c ) REITOVATED BUTTER OR PROCESS BUTTER: - Renovated butter or I process butter is the IJroduct raade by melting and reworking, without the addition or use of chemicals or any substances except whole milk, cream or salt, and contains not more than sixteen per cent. (16%) of water and' at least eighty per cent. (80%) of m1.1k fat; (d) BUTTER FAT on I-.IILK FAT: - Milk fat or butter fat is the fat of milk and has a Reichert-l.Ieissel nluuber of not less than twenty-four (24) and a specific gravity of not less than 0.905 (40 degrees C.! 40 degrees C); (e) BL~TEffiAILK: - Buttermilk is the product which remains when milk fat is removed from milk or cream, sweet 0 r sour, in the process of churning. It contains not less than eight and five- tenths per cent (8.5%) of milk solids not fat; ( f) B LYfTERMI L1:, CULT-cRED: - Cultured buttermil1c is the pro-- duct resuJ. ting from the souring or treatment by a lactic acid cultUre of milk or milk products; I (g) CREAM: - Cream, sweet cream, is that portion of milk, rioh in milk fat, which rises to the surface of milk on standing or is separated from it by centrifugal force; is fresh and clean, and which contains not less than twenty per cent (20%) of milk fat, and not more than hvo-tenths of one per cent. of acid react 1ng substance calculatec1/in terms of lactic acid; (h) CHE.A1:,;,WlIIPPING: - WhiDPing cream is cream containing not ,,:',,:,:.' ~ ',- --". ~ ~-'--........,.....-'-~ " . .m,'...."~. __ 195 less than 30% milk fat; ,,,'~ .... ~ '. . - CREAlVIERY: - A creamery fs a place where the milk or cream ( i) furnished by three or more persons, selling the same independently of each otter, is used for IDnnufacture into butter for cOTI~ercial I purposes; ( j ) CREAM OR MILK BUYING OR COLLECTING STATION: - A milk or cream buyinG, or collecting station is any place where mill: or cream is bought or collected for shipment"or#delivery to a creamery or to any I)erson intending to make use of the same -for cOTInnercial purposes; (k) DAIRY OR DAI RY F ARI.1: - A dairy or dairy farm is any plaoe or premise where one or more cows are kept, a part or all of the milk or milk produots from which is sold or delivered to any person, firm or corporation. Tuis paragraph shall not be construed to include what is geu'erally known as "family cows"; (1 ) DISlr~EDTjU~: - A disinfectant is any germicidal substance ap:9 roved -oy the health officer; (M) HEALTH OFFICER : - The health officer shall be taken to mean the health officer of the City of Bozeman, in person, or bis authorized representative; I (n) ICE CRE1J~: - Ioe cream is a frozen IJroduct made from pure crearl1 and suear, ni th or without a. natural flavorine;, and pure celatine, and contains not less than ten per-cent. (10%) of . mille fat; (0 ) FRUIT I CE CREAM: - Fruit ice cream is a frozen product j'!,ade fro'11 crear:1, sugar, and sound, cleo.n, ~ature fruits, and contains not less than fiine ~er cent ( 9%) of milk fat; (p) lw~ ICEC~l: - Nut ice cream is a frozen product made from cream, sUGar, al'i.d'sound,' non-rancidnut-s and- contains not less than nine per cent (9%) of milk fat; (q) All ice crearll shall conte. in not less than--thirty-three I10r cent (33%) of total solids, and shall"not canto. in to pxceed one I1cr cent gelatine; (r) ICE CnEALl FACTORY: - An ice cream factory is any place where ice cream is made for sale for thirty' (30) days or more each year; I ( s ) IJlIIJC: - Milk is hereby defined to be the whole, fresh, clean, lacteal secretion obtained by the complete milking of one or ::",1orehealthy cows, properly fed and kept, exoluding t'. ~_: obtained within fifteen days before l3.nd five da:f.s- after calving, or such longer period as maJ'- be necessary'. to rencler the milk practically colostrum free; which 60ntains not less than eight and one-half per cent (8~) of solids not fat, and not less than three and one-fourth per cent (3%;0 of milk fat; .. 1~6 (t) MILK FAT OR BUTTER J?AT: ~ See Definition Cd) abO';"6 ; ( u) IvIILK , SKIMMED: _ Skimrlled mille is milk from. which sub- stantially all the milk fat has been removed; (v) MILK, CHOCOLATE: - Chocolate niU: is defined as whole or aijusted or skimmed milk to which has been added in 8. sa::li talJr manner a chocolate syrup conposed of wholesome ingredients, and I which is labeled with the Grade 01' milk or milk jJI'oducts from " which it is made. If chocolate milk contains less than three . . and one-quarter per cent (3%/0) milk fat, the label sLall indicate the per- centaee of milk fat to which the milk has been adjusted; ( w) hIIU= PHQDUC_T.~: - l~Iilk product s shal], be tal~~en to mean and include cream, skimmed milk, ad just ed milk, buttermilk, cultured buttermilk, butter and ice cream; (x) MILK PRODUCEH: - A lI~ilk producer is any person, firm or corporation which owns or controls one or more cows, a part or all of the milk from which is for sale, or sold or.delivered to another person, firm or corporat,ion. rrhis paragrarJ};r. sha 11 not be construed to include what is generally )~novm as tTfaLlily COVIS"; (y) MIU( DISTRIBUTOR: - A milk distributor is any person, firm or co rpora t ion which. has in possess ion, offers for sale, " sells, or delivers to another any milk or milk products for I consun~tion or manufacturing purposes; (z) MIIK PLANT: - .A milk plant is any place, or premises, or establishment where milk or milk products as d~fined in this reGulation are cbllected, handled, processed, stored, batt led, pasteurized, or prepared for distribution. This paragraph does not apply to milk houses on dairy fa~ls bottling only the milk or r.1ilk products of that individual dairy farm; (z-l) IHLK OR CRE!l,I BUYLTG OR COLLECTII)G STATION: - See Definition ~jLabove; (z-2) PASTEURIZATION: - The terms "Pasteurizat io;,~!1 , "Pasteurized" , "Pasteurize", and similar terms, shall be talmn to refer to the process of heatine every particle of milk or milk products to 0. temperature of not less than one hundred and forty-five (145) degrees Fahrenheit, and holding at such temper- ature for not less than thirty ~30) minutes i]1 pasteurizat ion apparatus approved by the health officer, the temperature and I -,.. time being automatically recorded by a temperature and time re'C(,-rding d!3vice approved by the health office:;,; (z-3) PERSON: - The term "person" as herein, used, shall include all persons, whether natural or artificial, including firms, co-partnerships or coryorations; - - ',:.~\:.:-,~~ :'I~; .. ._"..,,-,.- 197 SALE OF CERTAIN MILK :AND MILK PRODUCTS PROHIBITED Section 2. No person shall produce, sell, offer or expose for sale, or have in his possession with intent to sell, for consumption in the City of Bozeman, any milk or milk products which are adulterated or misbranded, and I wh icll do not comply with the provisions and standards of this Ordinance, or any reGu1c~.t ion or order or standard which may be promUlgated by the Board 0::" H.ealth of the City of Bozeman under the a.uthority of this Ordinance, or the Rules and Rec;ula t ions and Orders of the 1I,Iontana Livestock Sanitary Board, or the State Board of Health, or the Division of Dairying, Department of Agriculture, or whichie unclean or insanitary, or which is produced, hand- led or leept under unclean and insanitary condit ions, as herein set forth; PERi\IIT, SALE AND D 1ST RIBLJTI ON . Section 3. No person shall engage in the sale, delivery or dis- tribution of milk or r.~iU:: products, for consumption in the City of Bozer18.n, without first having obtained a Permit so to ~o from the Board of Health of said City, as herein provided, and no person shall bring or send miH;: or milk products for sale in said City of Bozeman, except through a distributor holding a perrnit therefor, except as hereinafter provided; PEffiJIT, EXCEPTIONS . I Sect ion 4. No proprietor or other person in, Charge of any store, hr.9tel, restaurant, boarding house or other place where milk or cream is sold or dispensed sha1l offer for sale or furnish any milk or cream other than that sU]Jplied by a person having a permit to sell milk or cream issued by the health officer; All proprietors or other persons in charge of stores, hotels, restaurants, soda fountains, boarding houses, and other places where milk or crear:l is sold or dispensed to be consumed on the premises shall, upon d er:m n9- , furnish the health officer, or his representative, with the names . and business addresses of all persons from whom they receive milk or cream; ~I'LICATION FOR PERMI T Sect iOl1 5. Every person desiring to engage in the sale, delivery and distribution of milk and milk products in the City of Bozeman, except those mentioned in Section 4 herein, before so doing, shall rnalce ap}!lication to the Board of Health of said City for a Permit for t;at l)UrpOse, whiCh I application shall be in writing, upon a form prescribed by the Board of =IealtJl, and shall be app roved by the Health Orfi cer; :b"O i-dvl OF .APPLICATION Section 6. Said applioation shall state fully: (a) The full name and place of residence of the apY'licant~ the exact locat ion of the place or places frorrl which said ap~licant obtains milk, and, if said applicant obtains milk from other persons, the name of the person or persons from whom said ap"clicant obtains milk; (b) The number of cows in each herd supplying sa id mill\:, or any portion thereof; 1,98 (c) The manner in which sa id applicant intends to dispose of said ffiilk; (d) The locat ion of the :place where he proposes to conduct ~aid business, if the same shall be fixed; " ( e ) SUCll other information as the Feal th Offic er may require; and ( f) Such Penni t to be issued free of chcLrge; I FILING AI?rLICATIG:'r Section 7. The filing of such apT11ication as aforesaid shall authorize the ap~licant to sell and distribute miH: until the Health Officer takes action thereon, and 6 i tIler grants a llcrnli t to the arrplicant or refuses to dc, so; l'EIlI'UTS, ISSUE Section 8. All permits issued. under this Ordinance shall be for the calendar year only in which they are issued, unles: sonner revoked for cause, and shall be renewable Et!lnually on the 1st da~r of January of each calendar year thereafter. ITa ':~orr:li t issued hereunder shall be trans- ferrable, except upon the reconnnendat ion of the lIeal th Officer aTI:d ap::Jroval of the Board of Health; FERI,.ITG, REVOCATIOl: OR Sm'.LElISION Section 9. Any permit issued under the provisions of this Ordinance -'-' ma7/ be revoked or suspended at any t ll1le by the ~oard ot: Health when any of I the provisions of this Ordinance, or cny, of the Rules and Regulations of the Board of Health, or any of the Rules and Ree;L.lat ions and Orders of the IJ;.ontana Livestock Sanitary Board, the sts.te Board of Health, and/or Division of Dairying, Del)artment of Agricul turc:, providine for the sale and distribution of i'1.iU: and milk products, shall have been violated, by the holder of sucll perril.i t, when it shall be broucht to the knoYlledge of the Hcalth Officer or the Board of Health ttu.t such violation has been rl8.de, the Doard of Health :ha11 give the holder of said ~)ermit written lToticc of at least two days before the day of ~earinr of the time and place of ..,. hearing, and tb.e charGes made; that thereupon the Board of TIealth shall conduct a hearing, and in case the ell.arce:; :r.mde are I)roven, the Board. of :::ealth shall have flJ.ll 8.utb.orit7r to revol:o said :lerr:.:"',;, .l1n(l the findings of said Boc.rd of Health shall be f11:':.a1 ().nd conclusive upon c:uestions relating thereto, PROVIDED that pendiEG tho hearing on such :Tot ico, the Board of 3ealth r~y, if it be deemed fa r the safet y and best interests of "1:;' e })OOrlc, spec ify that unt i1 the hearirwis h::1(1, the pel"r;'.i t shall be I susllcnded, until the final determination at such hoarin[', and if such not ice. do es so )! rovide, the perr;;jt of the party so served shall be suspended du:r:'inc such t i~1ie ; . NOTICE, CIIJ.:'GE OF SOURCE OJ? SUFI?LY Sect ion 10. Every 11e1",son engaged in the sale, delivery and distributj.nn of 'dll: and milk prO(hlcts iT". tLe Cit::,' of' L;;Z81:1all sliGell notify, in Vlri t trJ.C , the Heal tlJ. Offi cer of said City irm:ned ia tel:{ uTlon the chancing ~'... .'" I"".......:.....~.O .......,.. ,~..........'''-'. '.A"~"..;..:..."..I..;.,~~,..;'""'~~. , .,,:,;i 1 _ '. ' 1'9_9 of, or '~,dditi()n to, the source of supply of bis mil}~. Said ITotice shall stnte the exact 'location of the place f'rom which said milk is IJrOcured, the 111J.rlber of cows prod uc ing the SfujJ.C, the Quantity received, and the name of tt,e I.iel'son 01'" :::'orsons SUIJplyinG the sa"ne. . I TTcyr I C:L , SOURCE OF SUPPLY . Section 11. :rro ~erson selling, deliverinG or distributing milk in tle ~~ j.t~j c\ f Bozer,10.,'_ , licensed under this Ordinance so to do, shall receive any r;ljJ.1: or m:Llk products from any source until Le shall havo first ascortc.ined frm:l tLe Health Officor that the 1)e1'80n from whom such mill~ or r;lilk l)roducts 0.1'0 obta j.:cod holds a perT:i t, as IH'Ovided b:.,- this OrdiEal1ce, frOtl the Board of Eealth of tho City of Bozeman; SOURCE 0]' SUPPLY, NAMES Sect ion 12. All persons \vithin the City of Bozenan offering for sale, or }:.Clvin€:~ in his rossession v;ith intent to sell, nill: or mill: products . , shall at all tiues keep the nEll11e or nSIilOS of the person or ~.orsons from ~lom such milk has been obtained posted in a conc,icuous pIece ~n the :.n-'o1i1:LSOS in which co.~_d 1"l.ilk is kept or offered 1'01' sale, PROVIDK) , that ceneral distributors of milk shall only be required to keep a record of the . nm:.os of all :persons from whon such distributor is receiving !'lill:, vvhich recore. shall be open to the inspection of the Health Officer; I INSPECTION Section 13. It shall be the duty of the health Officer, at least once every ninety (00 )~~~YC, to cause all dairies, creameries, pasteurizing Iilants, :::-dlk plants, ice creanl'fo.ctories, and other places vlhere milk inte;-lded for sale in the Ci t:;r of Bozeman is produced, or hane'led, to be insp ected for tho liurTJo se of determining v:hether such places are equipped and . olJcrated as required by this Ordinance and the Rules and Regulations and Orders of the Montana Livestock Sanitary Board, State Board of Health, and Di visiOn 0 l' Dairying, Departnent of Agrioulture; TtJ"BERCULIN TEST S8ct ion 14.. Nlilk sold in the City of Bozeman shall be frora COVlS wh__:.cll have passed a negative tuberculin test, 2S prescribed by the Montana Livestock Sanitary Board, within one year previous to the filing of the aI):[)lication for pennit. The applicant. shall file with his eplilica- t ion D. chart or form issued by the MGhtanD. Livestock SaEi tary Board stat in:.:; that such cows have been subjected to a phys ical examinat ion, and I tuberculin tested, and that the cattle reffia in tng v!i thin the herd fa iled ., to react to the tuberculin test~ and are free from S;)lIllptoms of other infectious or contagious diseases; INSPECrrION, REFUSAL rll 0 PERI.aT Sect ion 15. Refusal on the part of any person holding a permit under the authority of this Ordinanoe to perrrdt the Health Officer of the Ci ty of Bozeman to inspect the dairy , dairy farm, milk plant, cattle and appurtenances of such dairy, dairy farm, mill<:: lilant, or other place where , . .,':; 200 snch milk is produced,. stored, handled, offered for sale, or sold, shall be sufficient to suspend or revoke such permit, at the discretion of the Health Officer; l,lIIle OR MILK PRODUCTS, SEIZURE AND DISPOSITION Section 16. The Health Officer shall be, and he is, hereby 1- authorized to seize all milk or milk products YThich may be brought into the City of Bozeman in violatL;n of the Tirovisions of this Ordinance. The oymer of such milh: or milk pJiPducts shall be [~t once notified of such seiz1..1.1'o, and if he sh~ll fail within tVlent~/-four (24) llOurs to direct the movemc.nt of such nill: or r:lilk products from the City of Bo~e~':~8n, the Health Officer may destroy or otherwise dispose of such milk or milk product s ; . 1IILE': WAGONS, NA1:iiE OF OWNER, ETC. Section 17. :Milk wagons VTi thin the City of Bozer.1an shall have the name of the owner and the number of the perr.lit paircted thereon plainly and legibly; HEALTI-( OFFICER PROHIBIT SALE Section 18. The Health Officer sLail have authority to prohibit the sale of milk and milk products for human consumpt ion Yf]~ich have not been produced or delivered in accordance wit}l the provisions of this Ordinanccr, or the Rules and Regulations of the Board of Health, or the I Rules and ReglJ.lations and Orders of the Montana Livestock Sanitary Board, .... and/or Division of DairyinG, .- the State Board of Health, Department of AgriCUlture; r'OSSESSION PEIlMITTED, PHIlJill FACIE EVIDEHCE Section 19. Milk and milk products found in the possession of any IJerson having a permit to sell milk or milk IH'Oducts in tile City of Bozeman shall be construed as intended for sale in said City; SKIMMED MILK AND RECONSTRuCTED 1,aLl( AND Cl"U.:.A.l'vl TO BE LABELLED Section 20. No l~erson shall sell, exchance., deliver or have in his J'ossession, with intent to sell, exchm1ce or deliver .any "skirnmed milk" or "recorstructed milk" or tlreconstructed cream", unless the can, vessel, package or container is plainly labelled, c onvey:i.ng to the purchaser the exact nature of its contents; "Reconstructed milk or c1'eamtt means milk br creccm which has been concentrated or dried in any manner and subsequently restored to 2 I liqUid state; CLASSES O:E' MILK .AND CREAM Section 21. Milk and crear:l sold, delivered or distributed, or held or offered for sale, delivery or distribution, for consumption in the Ci ty of Bozern.o,n, shall be of the following classes; (a) Raw Ivlilk (b) Pasteurized Milk (c) Raw Cream (d) Pasteurized cream 201. . (a) RAW I,IILK: Raw milk shall be milk which conforms to the requirements for Inspected Dairy A1ilk as defined by the regulations of the Montana Livestock Sanitary Board; -I Dairies from which raw milk is produced must score not . less than ?O points on the official score card 5.ssued by the 1iontana Livestock Sanitary Board; . Raw milk shall contain not less than 8.5% of solids not fat and not less than 3.25% 'butter fat; Raw milk shall contain not more tban 100,000 baoteria per c.c., official plate count, when delivered to the consumer, and sha 11 contain no pathogenic bacteria, and shall be freefroI:l all visible dirt; Raw Iililk shall be delivered to the consumer i'rithin thirty- s i:.t "t3 6 ) hours after it is produced; y Raw milk shall be delivered to the consumer in bottles, except in the case of a consumer receiving one callan or more at one deli'lery; When delivered in bottles, the bottles TI1USt be properly ca}iped, which caps shall conta in the name and address of the da iry, -I milk plant, or producer, and the classification of the milk therein contained, and no other vlri t ing; (b) PASTEURIZED rilLK: I-ast.eurized mille shall conform with all the requirements which caverns raV1 ::ailk, and shall have been properly pasteurized wi thin twenty-four (24) hours after its product ion; Pasteurized milk shall not contain more than 30,000 bacteria per c.c., official plate count, when delivered to the con- sumer; , (c )RAVl CRE.AM: ., . Raw cream i.:ha1l be produced under the same requirements as those which govern raw milk. It shall not contain more than 300,000 bacteria per c.c., when delivered "to the consumer, and shall be free from })athocenic bacteria and visible 'dirt,;; (d) PASTEURIZED CREAM: Pasteurized cream shall conform with all the requirements "I . .. which govern raw cream, and shall have been properly pasteurized within twenty-four (24) hours after its production. It shall not .. contain nore than 150,000 bacteria per c.c., when delivered to the oonsumer; BACTERIAL COD1~ A1~ TESTING Sect ion 22. Samples of milk and cream shall be tested by the Health Officer, and ~.' often as the Health Officer may recl"c,ire. Such tests ltfi .\ . ",l-'- t. ".;,':.",", ,;', n,,"'"' -202 shall include the determination of bacterial count made in conformity with the provisions of this Ordinance, and may include such other chemical and physical detenrrinations as the Health Officer may deem necessary for the detection of adulteration. The testing of milk shall be for b~tter fat, and lactometer readings shall be made, and likewise tests for visible dirt ..~ .. and sediment. Notice of bacterial count and/or test shall be given to the I"...... producer or distributor ooncerned as often as practicable, or to any interested person on request. Bacterial counts and the tests herein pro- , vided for shall be made by the Bacteriological and':), Chemistry Departments '; of the Montana State College, Bozeman, Montana, .and shall be accepted, and shall be adIaissible in evidence in any prosecution for the violation of this Ordinance or for the v iolat ion of any' rule or regulat ion of the Departments herein referred to as prima facie evidence of the facts dis- closed thereby; ";' TIm BARN Section 23. Dairy barns shall be located, construc'l;ed and maintained under the following conditions: (a) LOCATION: Dairy barns sl1all be located so as to afford natural drainage, or adequate sewerage must be installed to 1cecl-lthe barn and lot free froyr: cont61ninating .surroundincs and influences; I (b) CO:;STRUCTIC~T: The barn shall be constructed so as',' to facilitate the prompt and easy removal of waste J)roducts. . ~. The floors and platfoI'f!1..s should be made of cement or other nOI1- ~ absorbent material and the (~utters of CelTJ,nt only. The floors shall be }Jroperly graded onel elrc;.ined Qnd the mal1UI'C gutters shouJ.d be from six to eight inches deep and so l)laced in relation to tll8 plat fOrli'l that all manure 'will drop i~ltO them. The inside 21)rface of the walls and all interior construction shall be s;,~ooth 1:.'ith tight joint s and :painted or 1yhi teWo.slled D. t le.ast onc e a year. . The ceiling shall be of smooth material and dust-tiCht. All , horizontal and slant ing surfaces yrhich rilight harbor dust shall . be avoided; (a) FEED ROOLlS-STORJ~GE: Feed rooms and storage for feed must be separated fron the rr:ilkinc; barn by dust-)roof ceiling and po.rt it ion; (d) LImITING: Dairy barns shall be provided with ample . .1..... room and suri'icient light; four s'lucre feet of windo" ,srece, and .,. ;' not less tJ-lG-n J'i ve J!lr;"cVred cubic feet of D ir space per cmv; and .. . ~ . "peasonable pro"~ection for cattle duri~lC cold neatllcI' r:LUst be '. . provided. Animals other than cattle may be kelJt in the barn or .....' ",; under the sane roof vrhen se:parated from the cow-barn by a dust- proof partition and YThen :croper provisions for sanitary conditi~'lls are rnade; . 203. (e) COW- YA..::mS - MANURE: Hog pens, hog v;allows, cess 1)ools, r.mdholes, surface closets, or other sources of contamination will not be permitted within 100 feet of the barn. The droppings Ll the barn must be collected each day and rern.oved. ;To :1u,:mre I shall be stored less than 100 feet frOlTi the l)arn; , '.'.; (f) WATER SUPPLY: The water sUl,ply s11ull be free from w. . contarllination and sufficient for all dairy llur-poses. It shall be rrotected egainst flood or slJ.rface drainace e.nd s Huated at such a level as will prevent drainage from any I)ri vy, piC; pen, l:-lanUre pile or other pass ible source of infect ion; (r:) FLIES, ETC: All ne cessary measures 1Iha1l be tal:en to prevent the entrance of flies and other insects and rats and ver:clin int 0 all buildings; (11) BEDDING: No dusty or mouldy hay or straw bedd.ine from horse stalL:> shall be used for bedding the cows; EQ. UIPMEI~T Sect ion 24. The equipment for the production of milk and rnilk products shall comply with the following conditions; (a) MILKJ:IOUSE: Every dairy sUp"l'lyinc; milk. or cream. for COl1s1.L.r:J.ption as such shall be equipped VIi th a lwoperl:l constructed milk house. The ra11k house shall be located with due reGard to llroper sani tar:; surro1.llldings and drainage. The storing or handling of 'milk or cream for consum.ption as such in any room used for preparing meals, or lOdging, or sleepinc, or in a cellar or rot J10use, is strictly forbidden; (b) .DONSTHUCTION: The floor of a milk house shall be of concrete or other non-absorbing DGteri&l; the walls und ceil- ings of matched lumber, cement or plaster, free from cracks or crevices, and shall be painted white. The building shall have adequate window openings for li~1t and ventilation. All openings must be screened with wire screening not 'ess than fourteen mesLes to the square inch; (c) WATER SUPPLY: The milk house must be equilJ:ped 'with an abundant supply of hot and cold 'water, free from contamination, for cleaning utem: 1ls and equipment incident to the handling of' milk or cream; (d) HANDLING: The milk house shall not be used for any Durpose except the handling and storing 'Jf milk or cream or milk yroducts, and for ,the ~ of utensils and equipment used in handling milk or cream or nilk products. No animals shall be allowed in the milk house; . (e) CLEANLINESS: The milk house and all utensils and equipment used in ha?dling milk or crean must be kept scrupulously clean at all t lines. Milking ut en3118 must be kept free from rust; .,,, 204 (f) STERILIZATION: Milk cans, parts of separators coming in contact with milk, milk buokets or other receptacles used in the handling of' mill: must be thoroughly washed immediately after being used and must be sterilized with steam under pressure, and l:ept sterilized (b,. invertinr, or other means) previous to their I being used; . (c) UTENSILS - CONSTRUCTIOlJ: Milk cans, separators, u buckets or other reoeptacles used in the handling of milk must be of material and m~~ufacture so as to render them efficient and easily cleansed and shall be used for no other purposes; (11 ) COOLING: 1!'acilities must be provided for proraptly cooling and holding milk or cream at a temperature not in excess of 50 degrees F2hrerilleit; ( i) VEHICLES - TRAlTSPORTNrIO:J: Vehicles used for the transportation or delivery of milk or cream must not be used for any insanitary service or purpose; ( j) RECEPTACLES: No person or pEn'sons shall, without the consent of the owner or mvners, use, sell, dispose of, or traffic in any milk cans, jar s , bottles, milk or cream receptacles belonginc to any dealer or shipper of mill: or orea:;" havinc the name or ini t i6ls of the owner on suoh oan::, jars, bottles or I other receptacles. No person wh8.'ll wilfully marl;:, ohange or .. .. .; , erase the names or initials stan~ed or fastened upon milk or oream receptacles and shall not place any other subntances but . , , milk or cream, IDr their products, in them; (k) CONTAINEHS: It is prohibited for any dealer to whom any milk or cream is delivered or shipped in containers to ret~rn such oontainers to the shipper or to any person urrtil suoh - containers are thorouGhly cleaned, washed and sterilized. Con- tainers used for holding or shipping milk or cream shall not be used for any purpose other than the holding or shipping of m.ilk or cream, or their products; , (I) MIIJC PAILS: Dairies selling milk or cream for con- s1.L.'1lptiol1 as such must use the covered or small topped milk pail i (m) IvlIll'~ EOTTLE C11.1'S: 1Iilk bottle Cups shall be 1mr- chased and stored only in sanitary tubes, and shall be kert therein until used; I ( n) BOILER: The boiler in the milk house shall be, kel)t in a separate roora from the Toom in which milk is handled; . Ti-::E COW Sect ion 25. The cows for the production of milk shall be cared for as follows: /" (a) FHEE JrROM DISEASE - PARTUHITION: All covrs from - I 205 .~ ,. \vhich milk is obtained and used or sold for human consumption shall be free from disease. T~ey shall be excluded from the herd for a :eriod of fifteen days before, and five days ufter, parturition. .. ~I Cattle suffering from any infe~t ious-co;;:'i'acd.;61.lS or dan,-:;eI'ous I disease shall b.e iIllnediately rer~1oved from t:J.e dairy herd 8.Ld seg- rega t ed and the milk fro:11 such animal or animals 8.,8.11 not be l.wed for htTIl1;:.m consum:gt ion; (b) WATER - FEED: Da iry COylS s."c.ll at allt imes have sufficient Quantities of pure, 1fholesome and un con tam i ne, t cd wa tel" and feed; ~ ,!~" ( C ) CLEAN UDDERS Aim FLANKS: Dairy cows must be keJ.)t clean. The udder and flanks must be l~eI)t free from long hair by clipping. and grooming. The udder and teats must be washed and TIiped dry with a clean cloth before milking; ( d) TUBERCULIN TEST; Dairy cattle are subject to a :-',"', ,.. tuberculin test or other test and physical inspection at any time. All official tests for tuberculosis shall be nwde by a veter- ine: rian approved and Iluthorized by the Livestock Sanitary Board to nake such tests. The tuberculin test of' aEY cow in the State of l.lontana must be imrnediat ely reported to the Li vestocL Sanitary I Board at Helena; ( e) TUBERCULIN TEST - TII/iE: Cattle in dairies supplying milk and cream for consumption as such shall be tuberculin tested and given physical inspeotion at least once a year. No cow shall l)e added to such dairy herd unless it is in good l)hysical conditio~. and has passed ar.. official tuberC1..:lin test not more than tw'elve months previous to its addition to the herd. The provisions Governing inspection and test of cows shall apply to bulls and calves in all dairies; (f) TUBERCtJLIlJ TEST - REhl0VAL: All cattle reacting to the tuberculin test or gi vine; a suspic ious reaction shall be immediately removed from the herd. SuspiCious reactors shall be quarantined subject to a retest. The milk from such anir:1als shall .. llOt be used for human consumption; (g) TUBERCULIN TEST, REACrrIOlT, USE OF MILK: The mille I frora reacting cattle and cattle which have given a suspicious reaction may be used for animal conslirlption when a special permit for the use of such mille is Granted in vlr'it ing by the Livestock Sanitary Board, and only when proper assurance is given thc:.t such tlilk shall be boiled for at least five minutes previous to its being used for animal consumption; THE MILKER Section 26. The milker, shall comply with the following provisions in the satter of milking~ .. I \" 206 (a) CI..EAN CLOTHES: The milker must wear clean clothes . and be clean about his person; (b) HAlIDS: The hands of milkers must be free from sores and thoroughly washed with soap in warr::l water and dried immediately before milking; I ( c) INFECTIOUS, COlJTAGIOUS, COL'ThlU1JICABLE DISEASES: No person affected with any infectious-contagious or cm"J1unicable disease, or vlho res ides, boards or lodges in 8. househola where he comes in contact with any person affected with any such disease, or 'who is a carrier of the disease germs of tYIJhoid fever, sce..rlet fever, d ir:htherit}, tuberculosis, septic sore throat, pol iomycl it is, or dysentery, shall handle OI' be penni tted to handle the milk, skirmed milk or cream, or the r:1ilk, skimmed milk or cream utensils in any manner wb.atsoever; (d) COlv'IMmrrCABLE DISEASE - NOTIFY: The operator of any dairy or milk plant must iIomediately notify the health officer of the presence of any cormnunicable disease among his emplo:,rees or in his home; ( e ) WET lVIIlKING: The process of wet milking or moistening the hands of the mill\:er with mill,;: from the cow is forbidden; I HA:mLING AND DELlVEHY OF haLK AIm I,iIU( PRODUCTS Section 2'7. In the matter of handling and delivery of nilk and Llilk prod uc t s--, the following provision~ covern: (a) UN}TATURAL COLOR - DIHT: lvlilk or cream haYinG any unnatural color, odor or taste, or milk from any cow that is bloody or -stringy, or of' unnatural appearance, shall not be used or sold for htunan consumption, and the co'w or cows from which such. milk is obtained shall be isolated from the herd until the cause of such abnonaal milk i8 determined and ren~ved. If dirt .. gets into the pail the milk or cream shall be discarded and the puil washed and ster-ilized before it is again used; (b) FIHST STREAMS O:b' MILK: : The first streams of f.lilk from such teat shall be rejected, as this fore-mill,;: contains large , numbers of bacteria. Such milk shall be collected into a special vessel and not milked onto the floor or into the gutters. The milking sha.ll be done rapidly and quietly and the cows shall be I treated kindly; ( c) RNJOVAL: Promptly after the milk is drawn it shall be removed frora the stable to a :clean room and then emptied fror:l the milk pail to the can, being strained through str2liners made fr01;l a double layer of finely meshed cheese- cloth or absorbent cotton, thoroughly sterilized. Several strainers ahall be pro- vided for each m:Llking, in order that they may be frequently \ 20.7 changed; (d) STRAINETG: Milk and cream for consumpt ion as such l;1Ust be strained in a room separated from tIle barn where the coyrs are housed, kept, or milked, to remove all visible dirt,. . The I straining cloth lnust not be used the second t ims unless it has been boiled or otherwise thoroughly sterilized; (e) COOLING: Milk and cream for'consuBption as such must be cooled Drrmediately to a temperature of 50 degrees FahrcWleit or lower, a nd kept at sucn t emperat ure unt iI' deli very is made; (f) TRANSFERRING OR DIPPING MILK: No mille producer or distri bu:uor shall transfer r!1ilk or milk products from one container - to anothe!' upon the street or in any vehicle or store, or in any place except a bottling or milk room especially used for that :purpose, except as may be specially permitted by the Livestock Sanitary Board in case of milk being delivered in bulk. Tl18 sale of dip milk is hereby expressly prohibited; (g) ORIGINAL CONTAINER: Hotels, soda fountains, rest- aurants and similar establisLmcnts shall not sell or serve any whole ~ilk or adjusted milk except in the oririrul1 cont4iner in Ylhich it VIas received from the producer or distributor; I (h) MIlK TICKErS: Milk tic}cets shall be used but once; 'fHE GO:NSU1\IER Sect ion 28. The consumer shall comply with the followinG pro- visions: (a) BOTTLE , CmITADJER: No milk or cream bottle or c02.;- tainer used for the delivery of milk or cream shall be l..~.sed for any other purpose by anyone at any tliae; (b) C01ITAINERS, RETURN: It she,ll be the dv.ty of con- SlJrhers to return milk or cream bottles or conta:Lncrs to dairy- men or dealers thoro~~hly washed and cleaned; (oJ DISEASES: Persons or families having smallrlox, c1i:c'htJeeria, septic sore throat:; scarlet fever, epidemic cerebro- S})inal meninci tis, acute epidemic poliomyelitis, tYrlioid fever, or paratyphoid fever, shall not Teturr:: to c1airYlnen or to any l'ierSon any recelPtacle or bottle during the period such disease exists in such a premise, unless such bottles and contsiners are first prorerly sterilized. During the Derj.od of illness, such I rersons or fanilies shall furnish his or their own contail'!erS; " (d) DELIVERY OF T,,'IILK TO PLACE() WEERE DISE.ASE E~l,~ 2,: I:l delt'raring milk to families in which there exists any of the . . diseases named in ~araGraph (c), the dairyman s1:..8.l1 not ent er the house, nor shall ,he IJermit any of ,his ;',ilk bottles or vessels to be t a}:en into or from such house, but shall pour such 1:"il1: as. each f8.l'1ily wiehe s into reo€1:ptaclcs furnished by the custoIl1er and . - .. 208 " left at a convenient rlace out side the house; II/aIl( PLiiNTS Section 29. The followinc: provisions shall gO'llern the OpoI'c\tion and naintenance of milk plant s: (a) LOCATIOI': , CONSTRUC'l'IOl; , SEWARE: ~ilk plants Dust I i,' be located so as to be free from all contaminating influences or surroundinc;s. Froper drainage or sewerage system must be pro- vided to 1'2 c ili tate L1a intain in@; sanitary conditions in the estf.b- lishments. The building shall have adequc.te 'window openings for , . li&ht and ventilation. All openings must be screened with wire screening not less than fourteen (14), meshes to the square inch. The floor 811all be of concrete or other non-absorbing material. The walls and ceiling shall be free from cracl;:s and crevices and shall be nainted white not less than once a ye~r; (b) STERILIMTION: All milk plants :n.ust be prOVided with a sterilize~ and all containers used in the handling or ..> "PI bottlinG of the milk or orea"l must be thoroughly sterilized after " their being returned to the milk plant and before again being used for the holding of mill: or creamj ( c ) CLEil..NLINESS: The equipnent and attendants must be scrurl1.11ously clec.n at all times; all means necessary for the I elimination of flies shall be used. These requirements shall be interpreted to. include separate rooms for . The pasteurizing, cooling and bottling operations; The container, washing and sterilizing operations; Cans of raw lllilk shall not be unloaded directly into the past- eurizing or bottl.ing room; (d) PAS'I1EURIZATIO:~: Ivlilk plants which purchase milk or crean from dairies that do not score seventy ('70), and which are not entitled to sell inspected dairy milk must pasteurize all such milk before offerinG; it to the consumer, and no su.ch milk shall be mixed or added to milk sold under the classification of' inspected dairy milk; (e) FURlJISE LIST OF ALL DAIRIES: Milk plants will furnish the Livestock Sanitary Bocrd each month with a list of all dairies from which they obtain milk or cream and distribute for conSUTI1ption as such. Jilly new dairy added to the list wi 11 I be reported immediately to the Livestock Sanitary Board at I:elena; (f ) TOILET FACILI'l'IEiJ: EverJ EliDe plant shall be pro- vided with toilet. facili t i88. Tl1.ere shall be at least one room or vestibule not used for milk purposes between the toilet room and any room in which milk or milk products are handled or stored. The doors of all toilet rooms shall be self- closing. ~ ." "." ~ ...-- "--~'-""""'-"""""'"'7"'",,-...,.,., ". ~,' ,.~ ". -~"""""""~,~,,,,"".........-~..........,~---.,._"-,~~-~ ".~' ""-~'-"",,~:!"!,,:,,>~:~,-..~.''''~:-' .. 209 Toilet rooms shall be kept in a cleool condition, in good repair, and well ventilated. In case privies or earth closets are per- mi tted and used, they shall be located at least 100 feet from the building and shall be of a sanitary type; I (g) WATER SUPPLY: The water supply shall be easily accessible, adeQuate, and of a safe, sanitary Quality; (11 ) WASHING FACILITIES: Washing facilities shall be provided, including hot running water, SOal) and sanitary towels ~ , of a type apIH'oved by the heal th officer~ The use of a COEi-lon tOYlel is prohibited by the stat e Board of Health; ( i) MILK PIPING: Only "sa~"..itary piping" Of a tJ.'Pe - whi.ch can be easily cleaned with a brush shall be used; ( j ) CONSTRUCTION OF EQUIPMENT: All equipment with whi ch ::nillc cmaes in contact shall be constructed in such manner as to be . easily cleaned; ( k) DISPOSAL OF WASTES: AI::.. wastes 8:lall be disposed 01' "' , . ~ . :'. in confonlity with the requirements of the State Board of Health; (1) MEriIODS: All milk containers and milk uJ::jparatus - shall be thoroughly cleaned after each uscage and sterilized in a marmer approved by the Livestock Sanitary Board i:mmediately before I oach useage; (m) STORAGE OF CONI'AnmRS: After sterilizat ion all .,'r~;;~ ~.:.' __ '~ bottles, cans, and other containers shall be stored in such manner as to be protected from contaminat ion; (n) HAL~DLING OF CONTAINERS AND APPARATUS: Between sterilization and usage all containers and apparatus shall be hundledin such manner as to prevent any paTt of the person or clothing from coming into contact with an~," surface with which milk or milk products come in contact; . (o) STORAGE OF CAPS 1 Milk-bottle caps shall be pur- chased and stored only in sanitary tubes and shall be kept therein unt 11 used; (p) PASTEURIZATION..: Pasteurizat ion shall be perform.ed as described in the definition section of tLis Ordinance. The time and ter:lperature record Charts shall be dated and preserved for a period of three months for . the inforrna tion of the Livestock I Sanitary Board; ( q) COOLING: -All milk not pasteurized within two hours after it is received at tl-,e plant shall then be innl1ediately cooled to a temperature of 50 degrees Fahrenheit or less and maintained ,,\ thereat until, pasteurized; andal-l pasteurized milk shall be immediately cooled toa temperature of 50 degrees Fahrenheit or " . less and maintained thereat until delivery; -i':, ./ '~',' (r) BOTTLING: Bottling shall be done in &utonmtic --'~---"'. _._-""---"_.","-~~,-_.,,------"-,,,_..,,,. -.. r'." 210 machinery approved by the Livestock Sanitcry Board in such manner -, as to prevent any part of the D erson or clothing from coming in contact with any surface with which rcilk or :ailk products come in contact; ( s) OVTIRFLOW l.iILK: Overflow milk which has become I. m(~.chine contaminated shall not be sold for human consumpt ion; (t) 'C.A.PI'ING: Capping shall be done by lnachinery approved by the 1:iontana Livestocl: Sanitary Board. Hand cap})ing is T,rohibited; I)AY:El,T }!'OR SM,'lPLES Sect ion 30. Vlhen samples 0 l' I:lill:, cream, or any dairy food pro- duct, are obtained in accordance TIith the provisions of this Ordinance, the Health Officer or }:lis agent obtaining such samples must offer to IJay for th0111 at full market value. If payment be accepted, the Health Officer or his agent will obtain a receipt from the person or persons from whom the samples are obtained; ICE CREAM AND ICE CRE.Al.l FACTOHIES Section 31. iTa person shall r,.!.anufacture, sell,or offer for sale, " \ or have in his possess ion for the rurIlose of sale any ice cream, iced mill:: or other drin]: dispensed at a fountain, or otherwise, where milk or crea:m forms a conponent part tl1e,t is adulterated, inpure or UIl'wholesor.le, I or contains any preservative or deleterious substance whatsoever; LOCATIO:: AliD COnS1'RUCTIOlT OF C,m~Al'iiERIES AND ICE CHEAL: FACTORIES Seotion 32. The location of creameries and ice cream factories shall be subject to the foJ.lowinf regulations: (a) They must be located at least 50 feet from " any building, or establishment v;hich would oon- stitute an outside, contaminatins influenoe; >. (b) They shall not be located with in 200 feet of any hog pen or corral; ( c ) They shall be equip:[)ed VIi th a steam boiler larGe enouc;h to furnish suffic ient steam and hot water to thoroughly wash and sterilize all equipment and utensils. The boiler must be kept in a room ~eparate from the rest of the plant, :p rovided, however, that this clause does not apIJly to ice cream factories procudine; 1,000 gallons or less per annum; I (d) The floors of the part of the establishment vlllere butter or ice cr~am are manuf~otured or stored must be of concrete, and so constructed that 'they can be thorouGhly washed and drained; (e) The plant must be connectedi..Y'lith a sewer or with a pipe ""hich shall convey the waste water underground to a point not le~s than fifty (50) feet from the bUildinG; ( f) The plant must be well ventilated and must be pro- ., 211 vided with windows, containing at least ten sQuare feet of glass for each 100 square feet of floor space. Between May 1st and lToven,ber 1st of each ~i'ear, screen doors shall be prov'ided and used on all outside doorways. DurinG said time screens shall be IJro- I vided and used on all open windol'Ts; (C) The buildin(3s and eCFipnent !'Just be of such a , ' character that the (lairy products manufactured or kart therein shall be preserved in first class, sanitary condition; (h) Lj.eat or other products l,lUSt not be stored irl the , sane .l'oO:':J. with dairy products, if it can be s],'wn insanitary; COUNTY rtjTTER Section 33. Countr'y butter, or butter IJrodl:.ced by farmers for sale in the C1 t~.' of Bozeman, shall be produced frol'Yl CO','7S free fro'", tuber- culosis, and s::a11 be k':l)t and handled .in a sanitary ::-,:(UL,Cr L--..t all tines, and ]"1JJ.St Elect the requirement s for butter as outl ined and defined in this Ol~dinance ; CHEAJ\IERIES AIm ICE CRE.Al,I FACTOn:=J~S, SAJ'UTLHY COImITIOl~ Section 31. The plant, utensils and ElJv'arat'lJ.s used in creaITleries and ice cream :factories shall at all t Dnes be l:8:gt an.d J1Ui.ntctinec' in il srmitf',:!~7 condition, and shall conform with the re cluirement s und Rules and I Reculutions and Orders of the 'Division of Dairyinc, Department of Lcriculture of tho State of Montana; that the Board of Health shall have Goncurrent -, jIJ.risdictj.on '.7ith the Division of D.,airyiw', De:part~nent of ,Agriculture, in t}18 r~c~tter of the sani tar:? condit Lln and inspection thereof; .. that said Dulce, JOGulations a~d Orders ?f the Division of Dairying, DelJCtrt:rnent of ,'<~rJ('.11J:t;ll.re , of the State of Llontl:'1.na, are hereby referred to, 0.11(1 l~~ade a "'. :'::'.rt of this Ordil1G-,1Ce, the smile as if said Ru,l es, .')nc'1. Hoc; ul crt ion and Orders had been fully set forth and mc.de ~, pnrt. hereof; that the sr,ce ific provis ions c f thi s Ordt lFnc e wi ti,- reference to Sill': itL~r:. condit i0::-13 and . inspection s}1:1l1 tCi.l;I,ly to the sanitar~l condition and inS1)Octiol1 of all c='oD.}~oI'iei:' C)In. ico crOWl factories in the City of :Cozeman i1'1 [:0 faI~ [JS tJ..L8 SuJ.1C 1'~!,~~~~", be cUlil are Qi~',::licable; that the IIe8.lth Officer lie, and he is hereby, cllurced with the duty of the sanitary inspection thercp:f, und tllat any vic::h,t ions of the Rules and Regulat ions and CI'cler, of the Division of J)~L :L:17~TiIl(~, Delmrtmont of l\c;riculture, or tIle provision? of this Orc1in:JTlCO I applicable thereto, shall be punished as herein proyided; AD1.':dOHI'I'Y TO liJ...'~EE RULLS .Ai:TD REGULATIOITS Cect Ion 35. The Board .of Ilealth of th;3 City of Bozeme.n is authorized to make such rules and reCl1.lations'dfrom tine to tine as it T:\a~,' a OWl necessary for tIlo effic ient ex 89ut ion 0 f the_ IJI'ovi:J i011S of this Ordinance; I'RO'.TIDED, however, that such rules and reculations shall be !,ublh::hec1 ut least ol1ceitl a daily paper published in the City of Bozenan, , .~.,. >0;:'. 212 and such rules and ref~ult~tions shall not be inconsistent 1.'lith, but s~:1aJ_J~ confo::'::, to, the 3.ules and Regulations cmd Ordc):"s of the State BOC~I'C)_ of Health, the l\:ontana 1i vestock Sanitary Board, 8ud the Division of Dairy- ill": Departuent 0 f Agriculture, and no penal t:l sholl be exactecl for ',-' , vi?lation thereof until at least thi~ty (30) days have eXJ.)ired ufter the I date of the l)ublication of such rules and regulatio';s; and l)ROVIDl:.D, fl:.I't:' (;1', tlw.t lathing hereiE contained shall be co 21St fued as to prevent the J30ard of Health or the :-:-ealt11 Officer ir:I:l.ediately enforcinG rules, re~ulations and orders in the case of emergency; E:,'TFOHCEl,.Elt,;:' Sect iOll 3 G. The l)rOv is ions of t his Ordinance and/or any Hules ancl Regulat iOYlS and Orde:c's 0 l' the Stat e Board of Ileal t:~, and/or any Bule:::; and :::~ccula:-,i::)llS and Orders of the Llontana Livestock Sanitary Board, 1:111(1/ or any :Hules and Hegult'_tions and Orders 0_;. t~',e Division of Dairying, Department of Agric ul t ure, herein referred to o.ndmade a l)art hereof, and any rules and reculcctions promuleated by the Board of Heclth sllall be enforced by the Heal th Officer; p EJ\Jj~Llry~ " Soct 1.on 37. Any gerson violating any of the provisions of this Ordina:1ce, or I::.'-.n;,' of t he Rules Regulations and Orders here in refer:~'ed tc, or any rules and regulations prmnulc;ated under the G.1J_thor:i.ty of tllis I I' Ordinance, upon convict ion shall b 0 punished for the first offenc c by u fine of not less than five dollars (~5.00) and not more thEl.l1 one hundred dollars {lOO.OO}, 01" by imprisonment in the City Jail not exceeding thirty c1a:s, or by both such fine and imprison.:."'1ent, and for the second or sub- secLl'_ent offence by a fine of no t r::ore than three hundred dollars ($300.00) , or by im:grisonment in the City Jail not exceeding ninety days, or by both such fine and ir'prisonment. In addition, any' per::li t issued under the aut"ority of this Ordinance, a nd any license iS~'.'lE d by the Oi ty of Dozeman under end by virtue of its License Ordinance, B.1o.:'T be revoked. A j ude;ri1ent that the violator pay a fine ma:'/ also direct that ho be imprisoned unt il the fine be satisfied in proportion of .ono dn;.' 's iL11)risonrwnt for each two dollars (02.00) of the fine; PROCEDGRZ UPON ARREST Sect ion 38. Any person arrested for violation of the provisions of th:i.s Ordinance shall be dealt with in accordance with the provisions of I the Ordinances of the Ci,ty of Bozeman concerning and rolatinG to process and execution of sentence; . DISPOSITION OF l~nmS AND J:'ORFEI'rURES Sect ion 39. All fines collected upon convictihn of any person charged ;::,ith the violation of any of the provisions of this Ordinance shall be paid to the Director of Finance, 8....11d shall be credited by him to the proper fund; .. ". :::>~"'. 21::J CONS T I TlJT I 0lJALITY Section 40. If any sedtion, sub-section, sentence, clause or I)hrase in this Ordinance is.for any reason held to be unconstitutional, such decision shall not affect, impair or invalidL.te the remaininc portions of I this Ordinance. The Commission.herebY declares that it would have passed . this Ordinance, and each section, sub-section, sentence, clause or phrase . , thereof, irres:;!ective of the fact that anyone or more sections, sub- sections, sentences, clauses or phrases may be declared Fl1constitutionalt REI=-'EAL Section 41. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed; EFFECT Section 42. This Ordinance shall be in full force and effect from. and after thirty days after its final passage; FINALLY PASSED by the Com;ti.ission of the City of Bozernan, at a rec;ular session thereof, held on the 13th day of June, 1930. ~ Attest: I ~.#.A~. 1W->4. ... _. ~ 1e . of tl. ommission Introduced, read for the first time, and provisionally passed, by the Commission of the City of Bozeman, at a reg1.11ar session of the Commission held on the 2nd day of May, 1930. Final ~assa~e fixed for the 6th day of June, 1930. Published in the Bozeman Daily Chronicle on June 15, 1930. Effective July 14th, 1930. I, Elizo.beth!ohnson, Clerk of the Commission of the City of Bozeman, Montano., do hereby certify that the foregoing Ordinance No. 595 of the City of Bozerrsn, Montana, was published by title in the Bozeman Daily Cl1ronicle, a daily newspaper of general circulat ion, printed and publislJ.ed in the City of Bozeman, in the issue of J1.llle 15, 1930, and that due J1roof of said publication was made and filed in ny office. I IN VrrTNESS WHEREOF I ha'Ve hereunto set my hand and the '", COrl)Orate seal of' said City this 15th day of .June, 1930. ". ,..J"~~"'.'" 1; # a+. ,:> ... . ' - rL....- J .#. '~" '_ Cler. l' the mmiss10n _ . ~: ~'~,.