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HomeMy WebLinkAboutO-1957-517 :;;-.- - '\ , ! ;- I "', 1 \ /1 "...~ / ;;--.- :\ \ .... I , <_': " ............ ,I '''.... ./' r~ ( ....~,' \; l ,.' J \ ,. 1 "\.., / ,/ '-- . .., \ ! i ORDINANCE NO. 5/1'" ,....- AN ORDINANCE TO PROMJTE THE HEALTH CONDITIONS OF THE crry OF LA PORTE BY PRO- VIDING A CODE OF SANITARY RIDULATIONS AND REQUIR,EMENTS FOR ALL PLACES, BUS mESS AND PERSONS WHEREIN OR BY WHOM FOODSTUFFS OR DRttNKS FOR HUMAN BEINGS IS PRO- DUCED, HANDLED, PREPARED, CARED FOR OR SOLD, AND ALL VEHICLFS USED IN CONNECT ION WITH ANY SUCH BUSINESS, AND FOR THE CONDUC1 OF HOTElS AND LODGING HCUSES; PRO- VIDING FOR SUSPENSION OF PERMIT; PROVIDING THAT WHOEVER SHALL DO ANY ACT OR THING PRCHIBrrED, OR NEGLECT, OR REFUSE TO DO ANY ACT OR THING REQumED BY THIS ORDTIIANCE, OR IN ANY WAY i:IOLATE ANY PROVISIONS HEREOF, SHALL BE FINED ANY AKJUNT NOT LESS THAN FIVE DOLLARS (t5.00) NOR MORE THAN TV{) HUNDRED DOLLARS ($200.00) THAT EACH AND EVERY DAY VIOLATION SHALL CONSTITUTE A DISTINCT AND SEPARATE OFFENSE AND PUNISHABLE AS SUCH. AND CONTAINING A SAVINGS CLAUSE. ,BE IT ORDAINED BY THE crry COMMISSION OF THE crry OF LA PORTE, TEXAS THAT: ARTICLE I. DEFINITIONS AND APPLICATION Section 1. Person. The term "Person" includes individual, partner- ship, corporation, and association. Section 2. . Foodstuffs. By "Foodstuffs" as used in this ordinance is meant any substance or things, whether solid or liquid, and whether of animal or vegetable origin, intended to be used or commonly used as food or drink for human be ings. ,/ Section 3. Restaurant. The term "Restaurant" shall mean restaurant, coffee shop, cafeteria, short-order cafe, 11IDcheonette, ~.n, sandwich stand, soda fountain and all other eating or drinking estal:iishmen s;' as well as kit-- chens or other places in which food or drink is prepared for sale elsewhere. Section 4. Utensils. The term "Utensils" includes all vessels of any shape or size, cons.tructed of any material, commonly used in preparing, holding, storing or transporting food, and all articles, of whatsoever construction, size or shape, used in serving or eating food. Section 5. Dish. The term "Dish" includes all vessels of any shape 0 size, constructed of any material whatsoever, commonly used in eating or drink- ing. Section 6. ReceDtacle. The term "receptacle" includes all vessels, trays, pots, p~s or other articles used for holding food. Section 7. Hotel. A "Hotel" within the meaning of this code is any hotel, lodging house or inn in the City of La Porte having three or more rooms where transient guests are fed or lodged for pay. Sect;lon S. Liquor DisDenSary. The "Liquor Dispensary" includes all places where beers, ales, wines, or any other alcoholic beverages are stored, prepared, labeled, bottled, or served, or otherwise handled. Section 9. Factory. The term "Factory" includes all places in which is carried on the business of manufacturing or preparing foed for human consump- t.ion. Section 10. Business. The word "Business" hereinafter used shall be deemed to include any buSiness, qccupation,' industry, and all operations incident thereto, of th, several kinds hertein mentioned or referred to. ,Section 11. Room. The word "Room1t'as hereinaf'terused shall be deemed o include 8l1y:room, apartment, or place enclosed on one or more sides used f.T the purpose of any such business. , , ,I.,: ,", ":, ,'" , Section ~~'. AJ)t)l:1!catlori 'of ordinotWce. :Tbis ordinance: and code shall pply to every;i,business of any kind known o!t described as a 'slaughter house, eat market"butcher shop, fish market, dairy, bakery, confectionery, ice cream actory, place tor the handling, preparationf1" sale of dairy products or c,'pked repared foodstuff, hotel, restaurant, grocery store, fruit market, vegetable arlcet, and food peddlers by wagon or otherwise; soda fountain, bottling w..rks, aloon, bar room, brewery and all similar business handling or having to do with oodstuffi ~" ," i.' ;,\~ :, ~;.../ J '" / ifa1 \ "l!!!!!!~ / / ., ",/ /~ .' J \. / " ./ ',-. -_/ ~ !.' : I ". . . -2- And also to every room used for the purposes of any such business, in the keep- ing, storing, manufacturing, preparing, handling, distributing, selling, serving, or ..tfering for sale, any meat, fish, or slaughtered poultry, meat products, bread, cakes, pastry, confectionery, milk, butter or other dairy produats, fruit , vegetables, groceries, or other foedstuff, whether raw or co.ked, or .therwise prepared, or any liquid intended as food or drink for hu-'1lan beings whether of an alc,hilic or nonalcoholic nature; And also as herein provided to all places and premises connecting with any such rooms; And also to each and all of the fixtures, furniture, receptacles, utensils, ma-- chinery, implements, and other things, used within or without any such place of business; And each bus~ess, room, place, matter and tl?ing herein mentioned or referred to shall be respectively governed, managed, conducted, constructed, arranged, equipped and cared for in accordance with the folloldng ordinance; and it shall be unlaWful to conduct any such business, occupation or industry, except in the due observance of the respective requirements .f this ordinance and the follo~ ing code of general provisions. Section 13. Director of Public Health or Director," The words "Direc- tor of Public Health" or "Director" shall mean the head of the Department of Health or other person holding the office of City Health Offi.er, by whatever ti tIe know it Section 14. Insoector.The term "Inspector" includes any inspectors of the Department of Health. ART ICLE II - PERMrrS Section 1... Unlawful Ooeration. It shall be unlawful for any person in any way er manner to engage in, conduct or operate any business named herein without first having applied f.r and received a permit in writing to do so from I the Director of Health,. as herein pr.vided, and having paid a permit fee of Five II' ($5.00) Dollars to the City of La Porte, which permit shall be renewable annual- ly on each first day of January upon payment of a like fee. Section 2. Aoolication. Each applicant for any such permit shall file with said Director a written application therefor which shall state the nam and address of such applicant, also a description by s~eet and number .r other appropriate designation of the location of su~ business, and other information as may be, required by said Director. Section 3. Inspection. If after investigation and the consideration of such application and all proper matters in connection therewith, it shall appear to the said Director of Health that the statements made in such applica- tion are true, and the premises and vehicle conform to the requirements of this ordinance and ether laws applicable thereto, and that the applicant has complied with all the laws and ordinances regulating such business and has paid the re- quired permit fee, said Director shall grant the permit applied for. Se.tion 4. Susoension of Permits. The Director of Health is auth.r- ized and empwwered upon discovery of a violation of any of the provisi.ns of this ordinance seriously affecting the public health and is further authorized and ellp~wered upon repeated violati.n of any type of any of the provisions of th~s o:r~,in8%J3 e to suspend the permit of any permitee inolud'ed in this ordinance, and upoq. such suspension to cause a public notice to be published in a news- paper of general circulation in the City of La Porte to the effe~t that such permit has been sus:p.endl'!!d~ Su~h,$u'lIJ'pen.~ shallpC"ent1nue for a period .r six- ty (60) days and/or:::untll the violation or violations have discontinued. Section 5. Hearina:. l'rovided, further, that n.-such permit shall be suspended uptil hearing shall have been held by said Director of Health in the matter of su'spension of such permit at which hearing such permittee may be pre- sent. Notice of such hearing shall be given by said Director in writing and served upon the holder of such permit not less than five (5) day:: prior t,- the date of such hearing, which notif.le shall state the ground ~ complaint against such permittee and shall also state the time when and the place where such hear- ing will be held. Such notiee shall be served on when and the place where such hearing shall be held. Such n.tice shall be served on such permittee by ~'\ ( .'~ , I ~, , '\. ~ i , . ;' '''-, / ~~ .' 11\ 'j , '~~' I " '= // ,/~ ,f., : '-,~ / /'~ '., ~ " /' e e -)-- delivering the same to such permittee or his manager or agents or to any person in charge of or employee in such business, or by leavig such notice at the place' of"business or.:-;residence:,of such permittee with some persnn of suit~ble ag or discretion. If such notice for any reason shall not be served as herelllabove described in this section provided, then a 'opy of such notice shall b e ma:ilaed postage prepaid, addressed to such permittee at his last known residence, not less than five ~5) days prior to the date of the hearing. Section 6. Postinaof Permits. Each permit and inspection sheet shal at all times be kept posted and displayed in'aconspicuous place in or about such pla~e of business, premises or vehicle. Section 7. Other Licenses. No license under any ordinance of the city shall be issued to any person owning or operating any business which is required to have a permit unless such permit shall have first been granted by . / said Director of Health" It shall be the duty of the said Director immediately V upon the granting of such permit, te forward it to the person making application therefor and to file with the City lerk a dup~te copy thereof. Section 8. Provisions for Year 19~. Persons operating such places 0 business named herein which are now in existance in the City of La Porte shall apply for permits and shall receive same subject to the provisions of this ordi- nance not later than thirty (:30) days from and after the effective date tIEreof. Persons desiring to begin operating new business after the effective date of this ordinance shall likewise have their permits issued subject to the provision of this ordinance. All such persons referred to in the preceding portions of this Section shall thereafter obtain annual renewals as above provided on each succeedling first day of January . Section 9. Penalties. (a) Any person who engages in, conducts, or operates any business named herein without first having obtained a permit as hereinabove required shall be guU ty of a misdemeanor, and upon conviction shall be fined as provided in this Ordinance. (b) Any person who, h(lving obtained such a permit, continues to engage in, con- duct, or operate such business after the sarne has been suspended as provided above, shall be guU ty of a misdemeanor, and on conviction shall be fined as provided in this Ordinance. .ARTICLE III - CODE REnULATING THE HANDLING OF FOODSTUFFS Section 1. Li~ht and Ventilation. No room shall be used unless the same shall be well lighted and ventilated. Section 2. General Cleanliness. Each such room and the floors, walls ceilings, windows and doors thereof, and all the fixtures, furniture, receptacle, utensils, machinery, implements am other things (excepting receptacles used to hold refuse) in each such room, or used in connection with any such business, shall at all times be kept free from dirt, adhering foreign matter, unwholesome odors, decaying substances, cobwebs, trash, scraps, etc., and in a clean and san tat'y condition. Section 3. FloDrs. The floor in each room shall be of such construc- tion as to be ee,sUy cleaned,; shall be smooth, and shall be kept clean and in good repair. Section 4. Doors and Windows. All openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. Section 5. Ratoroofinp:. Every person, firm or corporation cn.rrl.ng or 'lmanaging a.."lY such business shall comply with all ordinances of the City provid- ing r.r ratextermination and ratproofiJ;1g of business buildings and the mainte- nance thereof in a rat-proof condition. Section 6. Insects. vermin. animals or fowl. Each such room shall be kept rree from flies, roaches, and other insects and vermin and no animal or fow. shall be permitted to enter or allowed to stay in any such room; provided that I' this section shall not apply to the temporary admittance of a "Seeing-Eye" deg. Section 7. Other Business in Same Room. No person ovriing or managing I any such business shall permit in any such room any other occupation or business I if the same be of a nature or be ccnducted in a manner whereby foodstuffs may be I I /..---.,\ f .i r-'~.. 1\ " I ~"t ,:1 /--~ , '. \: -~ I \, / /~ h.-'" \ ~ ~ , , " e . --4-- exposed to any unsanitary concl.itions or pollutions; and the provisions of this ordinance shall apply to each such business hereinabove mentioned or referred to, and to the room or place where,aact and the person by whom ,same is conducted in the same manner as if such room,rooms or place were wholly occupied by such busi ness, even though such room, or place may be used or occupied in part for any other business or occupation, and regardless of whether such other business or occupation be under the same or different ownershp. Section 8. Toilet Facilities. Each place wherein such business may, be conducted shall be provided with adequate, sanitary and conveniently located toilet facilities for its employees, conforming with the ordinance of the City 01 La Porte. In restaurants and bakeries hereafter constructed toilet rooms shal not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and ~~ll lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. Section 9. Water. The place wherein such business may be conducted shall be constantly provided with an ample and convenient supply of city water. Section 10. Lavatory Facilities. .Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without washing his hands first. Section 11. ClothinEl, Etc. Each owner or manager of such business and each employee thereof when engaged in the work of making, handling, selling, reparing or distributing any such foodstuff, whether within or without any such oOJl or place of buSiness, shall at all times be clean in appearance and habits and shall refrain from the use of tobacco or snuff and shall not be intoxicated. He shall have and wear such aprons, frocks and other outer garments as are of a ature and texture to be easily cleaned and rendered sanitary, and only clean arments shall be worn by any such person. The use of hair nets, head band, or caps is recommended. Section 12. Disease Control. No person who is affected with any di- sease in a communicable form or who is a carrier of such disease shall work in any such place of business, and no such business shall employ any such person or y person suspected of being affected with any disease in a commlnicable form r of being a carrier of such disease. If the owner or manager of such business suspects that any employee has contracted any disease in a communi.able form or as become a carrier of such disease, he shall notify the Director of Health ediately. Section l.3a. Health Certificates. Each owner or manager of such busi- ess shall comply with the provisions of Article 705c of the Penal Code of the tate of Texas relating to physical examination and Health Certificate required mployees handl~g or dispensing food or drink. Section l.3b. Certificates of Freedom from Tuberculosis. Every employe eing employed in any such business at the effective date of this act shall with hirty (30) days thereaftel', and every person hereafter employed from the effec- ive date of this ordinance shall within six (6) months from the date of such ployment, obtain and display for public inspecti'on in such place of business, certificate from an approved x-ray laboratory certifying that said employee s free from tuberculosis. Such certificate shall be renewed annually thereafter. Section 14. HandlinEl Meat. Fish. Etc. Each person owning, managing or onducting any such business where meat, fish or dressed poultry is slaughtered, ept, handled, sold or offered for sale, or is prepared or cooked, shall keep 1 meat hooks, receptacles, implements, machinery, counters, tables, fixtures d cutting blocks perfectly clean; and shall cleanse the same thoroughly at leas nee a day. Hot and cold running water shall be provided for the cleaning of sa aterials. Section 15. Care of Meats. Fish and Dairy Products. No meat, fish, laughtered poultry or meat products, and no milk, butter, cheese or dairy pro- ucts shall be left open or exposed to contamination by dust, air, insects or ther extraneous matter, either within or without any such room or place of busi- ess; and all fresh or uncured meat, fish, slaughtered poultry and all milk and I utter shall be immediately placed and kept in a refrigerator or ice box or cold tor age room except when removed therefrnm for the immediate purposes and opera ions of the business. ~'\ ( . \ \ '~; ) \ / , .......... .. /~:\ I~ / '~/ ~, -- .-.-' /~ ,.) '-.. --"-,, /~ .. .._-~ \ A ~ . . , ~ I I ; I : \"'--~ _/ e e -5- Section 16. Serans and GarbB.E!:e. Scraps of meat, offal, bones or other arbage or discarded organic matter, animal or vegetable, or slops or refuse of any character whatsoever, ~hall not be left exposed to the atmosphere of any such room, but shall be immediately deposited and kept in.'aclosed conta~er or eceptacle which shall be emptied and cleansed at least once each day. No con- tainer or receptacle shall be used except such as had the approval of the Direc- tor of Health. All refuse and tainted or decaying meat, fish, poultry, cheese or other organic matter, whether animal or vegetable shall be removed from the room without delay. The per,son or persoIls operating such business shall comply with the ordinsnces of the liity of La torte regulating the collection and dis- posal of garbage. Section 17. Storarze, Disolav. and Servinp.: of Food and Drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection ~ overhead leakage, submerging and other contamination. Section lR. Eauinment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. Section 19. Refrirzeration. All readily perishable food and drink shall be kept at or below 500 F. except, in the case of restaurants, when being prepared or served. Waste water from refrigeraticn ~uipement shall be properlY disposed of.. Section 20. Miscellaneous. None of the operations connected with'suc a place of business shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kep in containers provided for this purpose. , Section 21. Tainted t Fermented t Decayine: t or Adulterated Foodstuffs. No personwlto ows, manages or is in charge of any such business hereinbefore mentioned or. referred to shall have or permit to be kept or used at any time in or abo~t ,anr room or place or vehicle used in connection with such business, or expose or offer rorsale, sell, prepare, deliver or serve, or permit to be ex- posed or offered for sale, sold, prepared or delivered or served to any person in any part of the City of r,a ':lorte, any meat, poultry, eggs, or other meat feed product, or any fish or oysters, or any foodstuff of any animal nature, or any fruit, vegetable, or other thing or substance ordinarily used for human food, which is tainted, diseased, fermented or decaying or otherwise unwholesome or un clean, or which contains any drug, preservative or adulterant; and no person who owns, manages or is in charge of any such business or place shall expose for sale, offer for sale, prepare, deliver or serve to any other person any food- stuff, or permit same to be done, without first examining the same to see whethe same is fresh and wholesome for food j provided that the foregoing shall not be deemed to require the examination of goods enclosed in any original package and. sold or delivered unopened. Section 22. Penalty. Whoever shall do any act or thing prohibited, 0 neglect or refuse to do any act or thing required by the preceding sections of this Article or, in any way violate any provision thereof, shall be guilty of a misdemeanor and upon conviction shall be fined as provided in this Ordinance. Every violation shall constitute a distinct and separate offense. ARTICLE IV. - SPECIAL PROVISIONS RELATING TO HorELS AND EATING AND DRINKING ESTABLISHMENTS. "j( ,,'I: Section 1. Sanitation in Hotels. Every person who owns, manages, or conducts 'any hotel or restaurant in the City of La ~orte shall at all times kee and maintain the same, and each, and every room, apartment or place and all fi~- tures, bedding and o1iJler:thingeus~d' ,_connect1on W1thsuch business in a thoro ughly clean and sanitarycondition.Ar.d each such hotel and restaurant and persons engaged in.;conducting the same, in addition to these' special provisions shall be subject to all provisions of the Code regulating the handling of Foodstuff. Section 2. Cuns and Towels. No common or public drinking cup, and n roller towel except a sanitary roThr paper towel shall be permitted to be place or kept in any room or apartment used in common by guests of any hotel or restaurant. c\ \e) '-----.,. - ' " 1::" , . \, i I .. ~ J \, I , .../ ....... ,~'\ '.; :' ~~/' r"'\ , ~.~, ' ~ / / e e -6- Section 3. Broken Dishes. Receotacles. and Utensils. No dishes, re- ceptacle, or utensil shall be used or kept for use by any public eating or drinking establishment or any factory, to hold or convey food intended for hu- man consumption ifeaid dish, receptacle, or utensil is chip ped, crac~9d, or broken, or constructed in such a manner as to render its cleansing and/or sterilization impossible or doubtful. Section 4. Cloths used bv Waiter. Etc. (a) All cloths used by waiters, chefs, and other employees shall be clean. (b) No napkin, or cloth, or other article that has been used, shall be furnished any person until said napkin, cloth, or other article shall have been laundBred or sterilized, subsequent to any other use. (c) No napkins" straws, toothpicks, or other articles shall be offere for the use of any person if said napkins, straws, toothpicks, or other articles have not been securely protected from dust, dirt, insects, rodents, and as far a may be necessary by all reasonable means, from all contamination. Section 5. Sterilization of Dishes. Receotacles or Utensils. No per- son, firm, corporation, or association operating, managing, or conducting any hotel, cafe, restaurant, dining car, drug store, soda water fountain, meat mar- ket, beleery, or confectionery, liquor dispensary or any other establishment where food or drink of any kind is served or permitted to be served to the pub- lic, shall furnish to any person any dish, receptacle, or utensil used in eating, drinking, or conveying food if such dish, receptacle, or utensil has not been washed after each service until clean to the sight and touch in warm water con- taining soap or alkali cleanser. After cleaning, all glasses, diShes, silver- ware, and other receptacles and utensils shall be placed :filme cages and immerse in. a still bath of clear water heated to a minimum temperature of l700 F. for at least three minutes, or two minutes at 19OO F. Upon removal from the hot water, all glasses, dishes, silverware, and other receptacles and utensils shall be stored in such' a manner as not to become conta:iliinated. Provided that the State Board of ~ealth may approve other equally effective methods of treatment by steam or hot water that meet with the minimum requirements for the safety of the public health, as prescribed by the State Board of Health. When paper re- ceptacles, ice cream cones, or, other single service utensils are used for serving food or drinks, they must be kept in a sanitary manner, protected from dust, lies and other contamination; provided that the provisions of this Section shall not apply to such establishments as described herein that use electrically perated dishwashing and glasswashing machines, that accomplish these purposes echanically. Section 6. Poisonous Cleaners and Polishes. No dish, utensil, or in- trument used in eating or drinking shall be offered for use to any person, or sed in the manufacturing of food, if said dish, utensil or instrument has been leaned or polished by means of any cyanide or other poisonous substance. This rovision shall not apply to any dish, utensil, or instrument if said dish, tensil or instrument has been" subsequently cleaned in a manner that all traces f said poisonous substance shall l'B. ve been removed. ARTICLE V -- PENALTIES - FmFS Section 1. Whoever shall do any act or thing prohibited, or neglect r refuse to do any act or thing required by this ordinance, or in any way vio- ate any provision hereof, shall be fined any amount not less than Five Dollars ("5.00) nor more than Two HundmdDollars (~200.00). Each and every day viola- ion shall constitute a distinct and separate offense and punishable as such. ARTICLE VI. - MISCELLANlOClUS " Section 1. Inspection. The Director of Health and each inspector of he City acting under the authority of sai.,qu ,O;irector for the purpose of protec- ing the public health ap61!i:entbro1nlf th1~ ordinahce,,: is hereby authorized and di- ected at any or all. reasonable times when inspection may be, deemed proper to nter any prem~ses, room, apartment or place in the City of La Porte wherein any uch business operations herein mentioned or referred to are carried on, or where y such foodstuffs are kept, produced, prepared or handled, and also each and very room, place, premises, vehicle or appurtenance used m, connection with such siness or operations, and to make a complete inspection uf each such room, lace, premises or vehicle, and all machinery, equipment, furniture, fixtures, d things, found therein; and also to melee a thorough inspection and examination f all foodstuffs and other things therqin found which are used or kept for the r' , .\ \ I J \ ~ / "" '- ,,/ ~"\ 41.-'::--"" l ,.~ J / /' \ '...... ~'" .\ ~> ,: ,,-, -----/' ~'" .\ I " \.; , ,I '- ' ...- I / '" \ '......._- .-' '\ \ \ \ . . -7- purpose of such business, and which are named herein or are reasonable within the purpose and intent of this ordinance, and all such inspectors are also here- y authorized and directed to stop and inspect within the City any wagon or ve- hicle which appears to be used for the purpose of transporting or delivering any such foodstuff and such inspector shall also be authorized to require, and the person in charge of any such business place or vehicle shall furnish to the in-- spector such reasonable and proper samples a-a he may demand for making any test of such foodstuffs; and that no person shall interfere with or refuse to permit any such officer or inspector to make any inspection hereby authorized; and if an person shall refuse permission or bar or obstruct such inspection, then any li-- cense or permit or certificate issued by the tity for such business shall become subject to revocation and shall become null and void on written order of the irector of Health. Section 2. Responsibili~y aqd Rep9rts of Insoectors. Every person ow or hereafter to be appointed, or acting by or under the authority of the City of La Porte, whois charged with the duty of inspecting such rooms, place or things, or any meat or other foodstuffs, or any operations in connection there- with, or the conduct of any business herein mentioned or referred to shall per- form all sUcD,duties under the direction of the Director of Health and shall ake all such inspections, examinations, and reports, and in such manner and form, as may be required and directed by said Directors. Section 3. Condemnation. When the Director of Health or any inspector or other person charged with the duties of such inspection of foodstuff, shall find in the City of LaPorte any meat, fish, or other foodstuff, whether animal or vegetable and of whatsoever nature, which is unfit for human food by reason of being adulterated, tainted, diseased, fermented, decaying or otherwise, unwholesome or unclean, or the use, keeping or sale of which is prohibited by this or any other ordinance of the City, or Law or Regulation of the State, he shall promptly condemn the same and the owner, manager or other person shall notify such inspector of his desire to appeal and shall immediatel y comply with the requirements of the provisions of this Section. Such destruction of meat, fish o~ other foodstuff shall be effected byslashing or otherwise separating the substance of same, s.fter which same shall be immediately saturated with kerosene or such chemical compound as may be approved by the Director of Health; provided, however, that in case such owner, manager or other person :in charge of such food- stuff, shall desire to appeal from the judgment of any such inspector, such owner, manager or other person shall immediately transport such foodstuff to such place as said ~spector may designate or approve, and shall there store such foodstuff; and the irector of Health shall promptly on the written request of such owner or may on his own motion, make a further inspection and examination of such foodstuff; and if it is the judgment of said Director that it shall be condemned, then same shall be immediately destroyed as aforesaid, or in such anner as aforesaid, or in such manner as the Director of Health may direct; but if such judgment be that said foodstuffs should not be condemned, then the owner thereof may remove the same again to his place of business, but he shall not otherwise do so. In case of such appeals the decision of said Director shall be final. Section 4. Savings Clause. If any provisbn, exception, section, sub- section, paragraph, sentence, clause or phrase of this ordinance or the applica- tion of same tc any person or set of circumstances shall for any reason be held constitutional, void or invalid, such invalidity shall not affect the validity of tle remaining provisions of this ordinance or their application to other per- sons or sets of circumstances and to this end, all provisions of this ordinance are declaz;ed to be severable. Section 5. Reoealine.: Clause. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, owever, that such repeal shall be only to the extent of such incons istency, and in all other respects this ordinance shall be cumulative of other ordinances egulating and govern1ng the subJ$ct, lIua.tte:r, qovered by this ordinance. :' ,.!:: ,." ': .:. !:..: ; ,: .. . Section 6. Conflict with State Law. In the event a different penalty e prescribed in any case by any State Law for any offense included in this or- inance, and in the event the punishment prescribed by the State Law be the only unishment which can lawfully be adjuged for any such offense, then the State aw for such offense .shall be adjuged by the Corporation Court against such of- ender in lieu of the penalties specifically provided by this ordinance. /--........... ,/ \" .' , I ...'............. ,/--\ .\ I. ~:::;;,...-'.1 " \ I " / ,~\ '. ': ~ ~. . \ / --- ~....\, (.--"~' " 1 . . .... .' , \ ',,- It '- --8-- Section 7. Effective'Date. This ordinance shall take effect and be in force from and after its passage and publication as required by law. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance together with the penalty to be published in the official news- paper of the City of La Porte at ~e~st twice prior to the effective date hereof. ;-U.. A. Passed and approved this the ,-11 day of ~ ,A. D. 1957. ATTEST: )/~.d~, Mayor, City of La Porte, Texas C:X~ud ~ ~~ City Clerk, City of La Porte, Texas I I