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Home My WebLink AboutOrdinance 34- 639, Amends Sections 5, 6, 7, 8, 21 and 22 of Ordinance 595 , :PJ'Po-f' :Read 4@0 Qnd Checked ! ".,. :.: 1',\ _....!L:~~_::!~.___ _...~:1{L__i~utiL ORDINANCE NO. 639 AN ORDINANCE AMENDING SECTIONS FIVE(5), SIX(6), SEVEN(7), EIGHT(8), TWENTY-ONE(21) AND TWENTY-TWO(22) OF ORDINANCE NUMBER :)95 OF THE CITY OF BOZEMAN, ENTITLED: "AN OBDINANCE REGULATING THE SALE AND DISTRIBUTION OF MILK AND MILK PRODUCTS WITHIN THE CITY OF, BOZEMAN, AND THE INSPECTION THEREOF, AND OF DAIRIES AND DAIRY HERDS PRODUCING SUCH MII4C, AND THE PLANTS WHERE SUCH MILK IS BOTTLED OR PASTEURIZED, REQUIRING PERMITS FOR THE SALE AND .,_. ~ DISTRIBUTION THEREOF, AND PROVIDING PUNISHMENT FOR VIOLATION OF THIS I ORDINANCE". , " _. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: -; '" ..~ r.---- -":...-'- Section 1. - .--."... ._~..-~~. That Sect.ion 5 of Ordinance No. 595 of the City of Bozeman be',... and it is hereby, amended to read as follows: Section 5. Application tor Permit Every person, firm, partnership, association and/or corporation -" desiring to engage in the sale, distribution and/or delivery of milk or \ . . milk products in the City of Bozeman shall (except as provided in Sect ~on 7 of this Ordinanoe) before doing so apply for and receive from the Board of Health of the City of Bozeman a permit for such sale, distribution and/or delivery; the application shall be in, writing and in manner and form as required by the Board of Health, signed by the applicant and/or applicants, and approved by endorsement in writing thereon by the Health Officer betore . any pe~it pursuant to such applioation is granted. Seotion 2~ I That Section 6 of OrdinanoeNo. 595 ~e, and it is hereby, -...:-~ ' , amended to read'as' follows: '. "- -~ " ."- Section 6. ," For.m of Application ,- , - - , Said applioation shall state tully: ta) The full name and place of residence of the applicant, with exact looation of the place or places trom which said applicant obtains milk, and, if said applicant obtains milk trom other persons, the names and address looations of the - person or persons from whom said applioant obtains milk. (b) The numQer of cows in each herd supplying said milk pr any portion thereat. ' . (0 ) The manner in whioh said applioant proposes to dispose .''', o.f said milk. \ (d) The looation of the place where he proposes to oonduct . sa id bus.iness, if the same shall be fixed; and (e) Such additional information as the Health Officer may require. , Sect ion 3. That Section 7 ot said Ordinance No. 595 be, and it is hereby, I amended to read as follows: -' ~ Sect ion 7. A.pproval of Application . Within fifteen (15) days after said application shall have been filed with the Board of Health, the Health Officer shall make such investigation, examination or inspection as may be necessary, and shall either approve or disapprove said application. . :,\J'. . 401 . Seotion". That Section S of Ordinanoe No. 5g5 be, and it is hereby, amended to read as follows: seot'ion 8. Issuanoe of Permit. I After the applioation shall have been approved by the Health Offioer by endorsement thereon, it must- be filed with the Direotor at ,b'inanoe of the City of Bozeman, together with the payment of anylioense fee or fees prewcrfbed by the Ord inauee of the City of Bozeman in suoh case; and upon suoh filing and payment the Direotor of Finance shall issue to the applioant a permit and/or lioense to oonduot the business speoified in the applioation in the City of Bozeman. All permits and/or licenses issued hereunder shall be for the oalendar year only, in whioh they are ,issued, unless sooner revoked; they shall be renewable annually as of the 1st day of January Of each suoceed ing year. . Permits and/or lioenses issued under the provisions of this Ordinanoe shall in no case be transferable. Section 5. That Section 21 of Ordinanoe No. 595 be, and it is hereby, amended to read as follows: Section 21. Classes of Milk and Cream I Milk and oream sold, delivered or distributed, or held or offered for sale or distribution in the City ofBoz~an, shall be of the following olasses: (a) Raw Milk (b) Pasteurized Milk (0) Raw Cream (d) Pasteurized Cream (a) Raw M~lk shall be milk whioh conforms to the requirements tor inspected dairy milk as de tined by the regulations of the Montana Livestook Sani tary Board. Dairies from whioh raw milk is produced must score not less than ?O points on the offioialsoore card issued by Montana Livestook Sanitary Board. Raw Milk shall oontain not les8 than 8.5% of solids not tat, and not less than 3.25% of butterfat.. Raw Milk is milk the averase baoterial oount of whioh, as determined under Section 22 hereof, does not oontain to exoeed 80,000 bacteria per oubio centimeter, or, the average reduction t~e of which is not less than eight hours, and whioh is produced at a dairy, or on a dairy farm, conf~r.ming to the requirements of this Ordinance. ''lJ Raw Milk shall be delivered to the consumer within thirty-six (~6 )'- hours atter it is m.ilked; it shall be delivered in bottles, exoep~' in the case of a consumer receiving one or more callons at ODe delivery. !he'D. ~cleliver.d in bottles the bottles must be properly capped, whioh oap shall carry t-litl:;.u@e and address of the dairT, milk plant, or produoer, the classification'Of tne .-,- I milk oontained in the bottle and no other writing. -. '"'- (b) Past...nz" milk shall contorm tCia all the requireme~s ol:::re.w milk as speoified in this Ordinanoe, and shall have been preperly.p~~~~d within twenty-four (24) hours after milking. The average baoterial' '. t of, . pasteurized milk, as determined under Section 22 of this Ordinanee shall""i't no time after pasteurization or betore delivery, exoeed 30,000 bacteria per oubic centimeter. (o ) The bacterial.standard tor raw oream and pasteurized oream shall be double the standard for aaw milk and pasteurized milk, respectively. . 402 Seotion 6. That Section 22 of Ordinance No. 595 be, and it is hereby, amended to read as tollcnrs: Section 22. Samples-Tests-Announcements Samples ot milk and cream shall be taken and tested by the Health I Officer as often as to him aeems necessary. Such tests shall include the bacterial count, butter-fat, solids, and such other chemical and physical . ' determinations as the Health Officer may deem necessary tor the protection of the public health, which is the object and purpose of this Ordinanoe. Notioe of the results of such tests shall be given to the producer as soon after being made as is practioable; such results of tests shall be deemed public records, open to the inspection of any citizen of the City 01" Bozeman at all reasonable times, and 01" whioh, and of any at whioh, the citizen may make a copy. At least every six months the Health Offioer shall announce the average bacterial oount, butter-fat, solids, eto . , for each producer and/or distributer, which announoement shall cover a period 01" not less than tour months immediately preceding the announcement. For the purpose of. this Ordinance the average bacterial count shall be the logarithmic average of all samples taken during the four months immediately preoeding the announoement. Bacterial counts and tests I herein prOVided for and required shall be made by the bacterialogical and < chemistry departments of Montana state College at Bozeman, Montana; and the offioial record of such test and tests, and/or a oertified copy by the custod.ian of suoh record, shall be prima faoie evigence of the facts there in rec ited, in any prosecution for violation of this Ordinance and of any rule or regulation made and promUlgated pursuant thereto and by authority thereof. Section 7. This Ordinance shall be in full force and effect from and after thirty (30) days after its final passage. Finally passed by the Commission of the City of Bozeman at a regular session thereot held on the 5th day of January, 1934. ~;' - l4ayor~ ....."\,^ ,~" ,-~, "..... ~"" "-.-~ ........ ......,. - I ... - ' -, .~.,."'-'=~,-=,..,~~; ,~ Introduced, read for the first time and provisionally passed by ''',:. ~:ellEt Commission of the City of Bozeman, at a regular session of said Commission held on the 29th day of December, 1933. Final passage tixed for the 5th day Of January, 1934. Fina11y passed on the 5th day of January, 1934 . Effective February 4, 1934 . <,. .,. 1 .. 403 .. i, Carolyn Westlake_ Clerk of the Commission of the City of Bozeman_ Montana, do hereby oertify that .otioe in regard t.e foregoing Ordinanoe No. 639 ot the City of Bozeman, Montana_ was published in the Bozeman Daily Chronicle, a daily newspaper of general circulation, printed .1 and published in the said Oi ty of Bozeman, in the issue of Deoember 31_ 1~33, and that due proof of said publioation was made and filed in my office. IN WITNESS WHEREOF I hereunto set my hand and the'seal of my office this 2nd day of January, 1934. , , --- '- -- I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby oertify that the foregoing Ordinance No .639 of the City of Bozeman, Montana, was published by ti~le in the Bozeman Daily Chronicle, a daily newspaper of general circulation, printed and published in the said City of Bozeman, in the issue of January 9, 1934, and that due proof of said publication was made and filed in my office. IN WITNESS WHEREOF I hereunto set my hand and the seal of my " ,~rfioe this 9th day of January, 1934. .' .- '- ._~~. ... ., p. <f." . . ..,~., -;.: " ~ ~?: I ,,' " ,