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Ordinance 1956-10 ORDINANCE NO. 56-10A AN ORDINANCE PROHIBITING THE SALE, EXPOSURE FOR SALE OR POSSESSION WITH INTENT TO SELL OF DISEASED MEAT OF ANY CATTLE, CALVES, SHEEP, SWINE OF COATS: REQUIRING THAT ALL SUCH MEAT BE INSPECTED AND APPROVED BY THE MEAT IN- SPECTOR: PROVIDING FOR LIVE INSPECTIONS AND POST MORTEM INSPECTIONS BY MEAT INSPECTOR: FIXING DUTIED OF MEAT INSPECTOR: MAKING IT UNLAWFUL TO SELL, OFFER FOR SALE OR REMOVE CONDEMNED CARCASSES: PROVIDING FOR APPEAL WHERE MEAR CARCASS IS CONDEMNED FIXING REGULATIONS FOR TRANSPORTING OF MEAT IN WYLIE: PROVIDING FOR APPOINTMENT OF MEAT INSPECTOR: MAKIN IT UNLAWFUL TO USE MARK, STAMP OR BRAND OF MEAT INSPECTOR WITHOUT AUTHORITY; REGULATING ABATTOIRS AND SLAUGHTERHOUSES: REQUIRING HEALTH CERTIFICATES BY HANDLERS OF MEAT: PRO- HIBITING ADMISSION OF DOGS, CATS OR OTHER PERS: REGULATING SCREENS, WINDOWS AND TOILETS OF ABATTOIRS AND SLAUGHTER- HOUSES: REQUIRING PERMITS FOR CONSTRUCTION, MAINTENANCE OR OPERATION OF SLAUGHTERHOUSES: FIXING LICENSE FEE: PROVIDING FOR THE INSPECTION AND THE HOURS OF KILLING: FIXING INSPECTION FEES TO BE CHARGED FOR MAKING INSPEC- TIONS: AUTHORIZING CANCELLATION OF LICENSE BY CITY; AUTHORIZING HEALTH DEPARTMENT TO PASS REGULATION TO ENFORCE THE ORDINANCE: DECLARING OFFENSES: FIXING PENAL- TIES WITH SAVING CLAUSE AND REPEAL OF ALL LAWS IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. No person shall bring within the city limits of the city of Wylie or offer or expose for sale, or sell within said city, any sick or diseased animal commonly used for food purposes, or any part of the flesh thereof of any animal which when killed was sick or diseased, or that died a natural or accidental death. SECTION 2. It shall be unlawful for any person, firm or corporation to have, keep, sell or expose for sale, or to have in possession with intent to sell for human food within the city limits of Wylie the meat or food products manufactured in whole or in part from the meat of any cattle, calves, sheep, swine or goats, unless the same shall have been slaughtered and inspected under the super- vision of the Health Department of the City of Wylie in accordance with the provisions of this ordinance, provided, however, that this ordinance shall not apply to the meat or food products manufactured from the meat of cattle, calves, sheep, swine or goats slaughtered or inspected under the supervision of the United states Government in accordance with the regulations relating to the inspection of meat as prescribed by the U. S. Bureau of Animal Industry and bear- ing the stamp of such inspector, nor shall this ordinance apnly to meat inspected, passed and stamped by the official meat inspector of another city having in force an ordinance containing the same or similar requirements as this ordinance when such ordinance and its enforcement have been approved by our meat inspector, but noth- ing in the foregoing exceptions shall prevent the Meat Inspector of the City of Wylie from inspecting and passing or condemning any slaughtered animal or part thereof even though the same bears the tag or stamp indicative of inspection by the United states Bureau of Animal Industry of the department of Agriculture of the meat inspector of another city, which such inspection shall be deemed necessary or advisable. SECTION 3._ It shall be unlawful for any person, firm or corporation to sell, have, keep or expose for sale, or to have in possession with intent to sell for human food, within the city limits of Wylie, the meat of any portion of any cattle, calves, sheep, swine or goats unless there shall have been placed on each primal part thereof, by or under the personal supervision of an inspector of the United States Department of Agriculture, or by the meat inspector of another city whose meat ordinance has been approved and found to be acceptable by the meat inspector of the City of Wylie or by the Meat Inspector of the City ofWylie, a mark, stamp or brand showing that the same has been inspected and passed for food purposes. SECTION 4. Ante mortem and post mortem inspection must be made and per- formed by the meat inspector of the City of Wylie, the state of Texas, the United states Governrnent, or the official meat in- spector of another city whose meat inspection ordinance has been approved and found to be acceptable to the Mea t inspector of the City of Wylie, as provided for in Section 3, hereof, and no meat or meat products from such cattle, calves, sheep, swine or poats shall be kept, offered, exposed or had for sale in the corporate limits of the City of Wylie unless and until so inspected and stamped as hereinabove provided. SECTION 5. It shall be the duty of the Meat Inspector of the Health Department of the City of Wylie, or his authorized assistant and he is here empowered, to enter any place where the meat or flesh of any animal mentioned in this ordinance, or the products thereof may be stored, held, kept, exposed or offered for sale, and also every establishment where meat is manufactured into articles of food or preserved, cured, canned or otherwise pre- pared for food, and to inspect the same and whenever such meat or flesh shall, upon inspection and examination be found not marked, stamped or branded so as to show that the same has been inspected and passed for food purposes as in this ordinance provided, the said Meat Inspector shall condemn the same and shall order such disposal as will prevent its use as human food. SECTION 6. It shall be the duty of the Meat Inspector or his authorized assistant, and he is hereby empowered, to enter all places in which the slaughtering of animals for food is being carried on and to make such inspection of said animals as may be deemed necessary to determine its fitness for human food. The hours of killing must be arranged to meet the mutual convenience of both inspector and owner or proprietor of the establishment, In case of disagreement in hours of killing between the inspector and such owner or proprietor, the case shall be referred to the City Council of the City of Wylle, whose decision thereon shall be final. SECTION 7. It shall be unlawful for any person, firm, corporation or association owning or having charge of any place in which animals are slaughtered for food (the carcasses or parts thereof which are to be offered for sale within the City of Wylie to permit the re- moval therefrom of any carcass or part thereof with the same shall have been inspected and stamped as approved or condemned by a meat inspector of the City Health Department. Condemned carcasses or parts thereof shall not be removed from the slaughterhouse or place where condemned until they have been treated, in the presence of the inspector, in such a way as to prevent their future use for human food, and stamped not to be used for food. SECTION 8. If the manager of any official establishment or any shipper owner, or agent of the owner, of a carcass feels aggrieved by the decision of an inspector in condemning such carcass, such person may appeal from such decision to the Department of Public Health and Welfare filing in the office of said Department a written appeal, specifying the name and address of the appellant the grounds of the appeal, the decision of the inspector, and the date and place on at which the decision was made. Pending such appeal, the carcass of the animal concerning which such appeal is taken shall be separate and apart from others under the super- vision of the Meat Inspector, as that it may be disposed of in accordance with the final determination of the appeal. SECTION 9. It shall be unlawful for any person, firm or corporation to transport or cause to be transported in any vehicle through the streets or public ways of the City of Wylie any meat unless the same is securely wrapped in paper of tightly woven cloth cov- ering, or unless such vehicle is provided with a tight cover, which shall be kept closed at all times during such transportation so as not to expose the meat to dust, dirt, filth, or other del- eterious substances. SECTION 10. It shall be the duty of the Mayor of the City of Wylie to appoint a veterinarian, whose appointment shall be subject to the confirmation of the City Council of this City, who is licensed to practice veterinary medicine and surgery in the state of Texas, and such Lay assistant as may be required, who shall under the direction of the health officer of the City of Wylie have charge of the inspections made necessary for the carrying out of the provisions of this ordinance. Said graduate veterinarian shall be known as the Meat Inspector of the City of Wylie and he shall be governed by the Meat Inspection Law of Texas. Article 4476-3 of the Revised Civil Statutes of Texas is hereby expressly adopted and made a part hereof. He shall be provided with an official mark, stamp or tag for use by him in designating all meat inspected by him as having been examined, inspected and approved. SECTION 11. It shall be unlawful for any person, firm or corporation ex- cept the Meat Inspector of the City of Wylie, or his duly ap- pointed assistant or deputy, to have in possession, keep or use any mark, stamp or brand used by him for marking, stamping or branding as inspected and passed any article herein required to be so marked, stamped or branded, or any mark, stamp, or tag having thereon a divice or words similar in character or import to the marks, stamps, or tags officially used for such purposes by the Meat Inspector of the City of Wylie. SECTION 12. All abattoirs or slaughterhouses constructed or maintained for the purpose of slaughtering animals to be used for food ex- hibited for sale or sold for food within the limits of the City of Wylie shall be so constructed as to permit of natural light and ventilation for all such compartments as are used for the slaughtering of animals therein. All floors, drains and the walls thereof to the height of at least four feet from the floor shall be constructed of concrete or other material, impervious to water, and such compartments shall be of sufficient size to per- mit the handling of carcasses without their coming in contact with walls or passageways in their removal to other compartments. There shall be efficient drainage for both the establishment and premises, and no blood shall be drained into city sewers. The operation of use of any abattoir or slaughterhouse failing to meet all State requirements shall be and is hereby made unlawful and shall be punishable as herein provided. SECTION 13. Proprietors or owners of such establishments shall provide the following equipment: (a) Racks, receptacles, or other devices for retaining such parts as the head, tongue, tail, thymus gland viscera, and other parts to be used in the preparation of meat, food products, until after the post mortem examination of that animal is completed, in order that they may be identified in case of condemnation of carcass; (b) Receptacles for handling of the viscera of slaughtered animals so as to prevent contact with the floors; (c) Equipment such that, upon removal of the hide, head and viscera, the carcasses or parts thereof intended for food may be removed to other compartments for storage and all equipment so used shall be kept clean and sanitary; (d) provision shall be made wherein all floors, walls, utensils and all equipment used in the slaughtering of animals, or with which the carcasses or parts thereof may come in contact can be thoroughly washed and sterilized with steam or boiling water, and this cleaning and sterilization shall be done immediately upon completion of each days slaughtering; (e) Properly located facilities for the cleaning and disinfection of utensils and the hands of all persons handling any meat or products thereof; (f) Outer clothing worn by persons handling any meat or product shall be of material that is readily cleaned and only clean garments shall be worn. SECTION 14. No dogs, cats or other pets shall be admitted into slaughter- ing establisllinents. SECTION 15. All doors and windows shall be properly screened and every practicable precaution shall be taken to keep such abattoirs and slaughtering houses free from flies, rats, mice and other vermin. The use of poisons is prohibited except under the direction of an inspector of' the Health Department of the City of Wylie. No abattoir or slaughterhouse shall be located within 100 feet of any pens used for the feeding or retention of live stock nor shall they be within 100 feet of any outside toilet. All toilets within such establishments shall be kept sanitary, well ventilated, and shall be separated from any room used for storage or handling of any meats or meat products by two doors at least 3 feet apart. No offal shall be deposited or allowed to collect within 100 feet of any such establishment, and all outlets of drains and sewers shall be at least 100 feet from such establishments. No living quarters shall have direct opening into any slaughtering establishments. SECTION 16. Any person, firm, corporation or association desiring to construct or maintain any abattoir or slaughterhouse for the purpose of slaughtering animals to be used for food or for human consumption in any form shall, prior to the construction or operation of same within the City of Wylie, file with the City Secretary, a written request addressed to the City Council, stating that he, or they desire to construct or maintain an abattoir or slaughterhouse for the purpose of slaughtering animals to be used or sold for food, in whole or in part, within the City of Wylie, Such application shall be accornpanied by plans and specifications showing the arrangement, material and equipment of said abattoir or slaughterhouse, and the location and approximate cost of same, Said application, plans and specifications shall be examined by the City Council or other authority designated by it, and if such abattoir or slaughterhouse be found to conform to State requirements and the specifications of this ordinance, it shall be the duty of the Health Officer to issue a written permit for the establishment and maintenance of said Abattoir or slaughterhouse; and in the event such pertmit is issued, the Health Officer shall report the issuance of such permit to the City Secretary, who shall keen due record of same in a book to be kept for that purpose. If such application be refused the applicant shall be notified to that effect in writ- ing, and shall be given notice of the requirements that must be met before a permit will be issued to him. SECTION 17 ~ Permits for the construction, operation and maintenance of abattoirs or slaughterhouses at which it is necessary to keep a full time Lay Inspector under the preceeding section shall be is- sued on approval of the City Council and the fee therefore shall not exceed ~ per month Hhich fee shall equal the monthly salaries of the inspectors plus :~ to be re- tained by the City of Wylie for necessary expense and such fee shall become due and payable on the day of each month to the City Secretary of the City of Wylie and the City Secreta17 shall pay the salaries of said inspectors out of said fee. Permits for the construction, operation and maintenance of Abattoirs or slaughterhouses where a full time Lay Inspector is not required under the preceeding section shall be issued by the City Council and the fee therefor shall be fixed by the City Council at ~r for each head of cattle, calves, sheep swine or coats. The meat inspector shall report the number of in- spections to the City Secretary, and on the 1st day of each month tile Ci ty Secretary shall send a s ta tement to t he owner of each abattoir 01' slaughterhouse at Hhich a full tinle Lay Inspector is not required shoHing hOH many animals have been inspected and the amount of money said OvTner of said abattoir or slaughterhouse is due the city of Wylie. The owner of said abattoir or slaughter- house shall pay the Ci ty of lvylie ~;p for each animal in- spected five days from date of notice they-eof. Said amount of ;,?_____ is to be turned into the [';eneral fund and at the end of each month theCity Secretary is directed to pay said insDector ~j> ou t of each ~,p so turned in. SECTION 18. Those persons, firms or corporations maintaining or using abattoirs or slaughterhouses at the time this ordinance goes into effect shall have 10 days from the effectIve date hereof in which to file their applications for permits to operate and maintain the same. Attached to their applications shall be payment of the license fee above provided for the current month. It shall be unlawful for any person, firm, corporation or association to con- struct, maintain, operate or use any abattoir or slaughterhouse without first having obtained the permit required under this section. SECTION 19. The City Council may, upon recommendation of the Meat Inspector, or upon its own investigation, revoke and cancel the permit issued by virtue of this issuance, if the person, firm or corporation to whom such permit may have been issued fails or refuses to comply with the provisions and the regulations con- tained in this ordinance. SECTION 20. It shall be unlawful for any person, as owner, proprietor, agent or employee, to engage in the actual slaughter, preparation or handling of any meat or meat products for human consumption, where any part of the human body or clothing worn by such party comes in direct contact with such meat or meat products without first obtaining from a licensed physician a health certificate showing such person to be free from tuberculosis, gonerrhea, syphillis, or other contagious or infectious disease and not to be a carrier of typhoid, diphtheria or any other disease, and has no pathological condition whereby such might be a menace to the public health. Such certificates shall comply with city and state Law, as to such certificates, and shall remain in force for a period of six (6) months unless, for sufficient cause, a re- examination becomes necessary or advisable. The City Health Offi- cer or the Meat Inspector may cite the holder or any health cer- tificate to a re-examination at any time such holder is known or suspected to be afflicted with any of the diseases or conditions as set out in this paragraph. Proprietors or managers of estab- lishments where meat or meat products are slaughtered, kept or sold will be held responsible for the health certificates of their employees, and will be subject to similar fines as imposed on the actual handlers of such meat and meat products. SECTION 21. It shall be unlawful for any person to kill or slaughter or cause to be killed or slaughterod within the City of Wylie any animal hereinabove named (except for personal or family consump- tion) in any house, shed, building, structure, yard block or en- closure or other building or place as a slaughterhouse except the same be an official establishment as provided by the terms of this ordinance, duly licensed hereunder. SECTION 22. It shall be unlawful for any person or persons to wilfully obstruct, abuse or interfere with any meat inspector engaged in the performance of his duties as such inspector. SECTION 23___ The Health Department, acting by and through the Health Officer or the Meat Inspector, shall adopt and promulgate such rules and regulations as are necessary to carry into effect the provisions of this ordinance, and all such rules and regulations shall be binding and effective in enforcing the various parts, clauses and requirements of this ordinance. SECTION 24 The provisions of this ordinance requiring inspections and the killing of animals in licensed slaughterhouses shall not ap- ply to farmers who kill their own hogs and sell sausage direct to the consumer. Nothing herein is intended to forbid the sale of such sausage or otherlike meat products direct from farmer to con- sumer, but no such sausage or other meat or meat products shall be offered for sale or sold by any market, grocery or other estab- lishment unless the requirements of this ordinance are fully com- plied with and observed. Consumers purchasing such sausage or other like product from the farmer, are left to satisfy themselves that the farmer offering such product to them is reliable, has used meat from clean and healthy animals, and has butchered such meat in a clean place free of unsanitary conditions. Likewise, nothing herein shall forbid any resident of the City of Wylie, from killing his own meat, or have the same done, outside the cor- porate limits of the City of Wylie , for the purpose of storing same in home freezers or frozen lockers for personal use so long as such meat is not offered for sale or sold within the corporate limits of the City. SECTION 25. Any person who shall violate any of the provisions of this ordinance, or any person failing or refusing to do any of the things therein required, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished for a fine of not less than Twenty-five ($25.00) Dollars and not more than Two Hun- dred ($200.00) Dollars, Each and every violation of any provision of this ordinance shall constitute a separate offense, and each day's violation or failure to comply with any of the provisions of this ordinance shall constitute a separate offense. SECTION 26. The holding adjudication of any section, subdivision or clause of this ordinance to be invalid shall not affect the validity of any other section, subdivision or clause, or parts thereof, but all other sections, subdivisions and clauses shall remain in full force and effect. SECTION 27. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immediately upon its adoption and publication as provided by charter. SECTION 28. The fact that the City of Wylie now has no Ordinance ade- quately providing for the inspection of meat slaughtered for sale and the fact there is an imperative need for such in- spection, creates an emergency and it is therefore, Ordered that this Ordinance shall become effective immediately after its passage. PASSED AI\lD APPROVED, this the ~~ C?~ day of , 1956 . ~~'L.< 0-. ,/ dJW~ de Hayor of theCl y of Wylie ATTEST: .. ( .;;!f: /(;7-;i~~j/'Z ~~~tary i ~ APPRovrill AS