Ordinance No. 36® ORDINANCE NO. 36
AN ORDINANCE TO PROTMOTE THE HEALTH CONDITIONS OF THE CITY
OF BAYTOWN BY PROVIDING A CODE OF SANITARY REGULATIONS
AND REQUIREMENTS FOR ALL PLACES, BUSINESS AND PERSONS
WHEREIN OR BY WHOM FOODSTUFF OR DRINKS FOR HUMAN BEINGS
IS PR®UCED, HANDLED, PttgPARED, CARED FOR OR SOLD, AND
ALL VEHICLES USEM IN CONFECTION WITH ANY SUCH BUSINESS,
AND FOR THE CONDUCT OF HOTELS AND LODGING HOUSES; AND
PRESCRIBING THE PUNISHMENT FOR THE VIOLATION OF, THE
SEVERAL PROVISIONS HEttEIN CONTAINED; AND CONTAINING A
SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
ART IC Lr; I:
DEFINITIONS AND APPLICATION
1. Person. The term "Person" includes individual, partnership, corporation, and
Skssociation.
2. Foodstuffs. By "Foodstuffs" as used in this ordinance is meant any substance or
thing, whether solid or liquid, and whether of animal or vegetable origin, intended to be
used or commonly used as food or drink for human beings.
3. Restaurant. The term "Restaurant" shall mean restaurant, coffee shop, cafeteria,
short-order cafe, luncheonette, tavern, sandwich stand, soda fountain and all other eat-
ing or drinking establishments, as well as kitchens or other places in which food or drink
is prepared for sale elsewhere.
u. Utensils. The term ItUtensils" includes all vessels of any shape or size, constructed
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.
5. Dish. The term "Dish" includes all vessels of any shape or size, constructed
of any material whatsoever, commonly used in eating or drinking.
6. Receptacle. The term "Receptacle" includes all vessels, trays, pots, pans, or
other articles used for holding food.
7. Hotel.. A "Hotel" within the meaning of this code is any hotel, lodging h u6 se or
inn in the City of Baytown having three or more rooms where transient guests are fed or
lodged for pay.
8. Liquor Dispensary. The term "Liquor Dispensary" includes all3pl.aces where beers,
ales, wines, or any other alcoholic beverages are stored, prepared, labeled, bottled, or
served, or otherwise handled.
9. Factory. The term 11Factory" includes all places in which is carried on the
business of manufacturing or preparing food for human consumption.
10. Business. The word "Business" hereinafter used shall be deemed to include any
business, occupation, industry, and all operations incident thereto, of the several kinds
1.
• .�
herein mentioned or referred to.
® 11. Room. The word "Room" as hereinafter used shall be deemed to include any room,
apartment or place inclosed on one or more sides used for the purpose of any such business.
12. Application of ordinance. This ordinance and code shall apply to every business
of any kind known or described as a slaughter house, meat market, butcher shop, fish market,
dairy, bakery, confectionery, ice cream factory, place for the handling, preparation or
sale of dairy products or cooked and prepared foodstuffs, hotel, restaurant, grocery store,
fruit market, vegetable market, and food peddlers by wagon or otherwise; soda fountain,
bottling works, saloon, bar room, brewery and all similar business handling or having to
do with foodstuffs;
And also to every room used for the purposes of any such business, in the keeping,
storing, manufacturing, preparing, handling, distributing, selling, serving or offering
for sale, any meat, fish, or slaughtered Poultry, meat products, bread, cakes, pastry,
confectionery, milk, butter or other dairy products, fruits, vegetables, groceries, or
other foodstuff, whether raw or cooked, or otherwise prepared, or any liquid intended as
food or drink for human beings whether of an alcoholic or non-alcoholic 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, machinery,
implements, and other things, used within or without any such place of business for the
purposes of any such business;
And also to all persons owning or conducting or employed in or about any such business;
And each business, room, place, matter and thing.herein mentioned or referred to shall
arespectively governed, managed, conducted, constructed, arranged, equipped and cared for
in accordance with the following ordinance; and it shall be unlawful to conduct any such
business, occupation or industry, except in the due observance of the respective require-
ments of this ordinance and the following code of general provisions.
13. Director of Public Health or Director. The words "Director of Public Health"
or "Director" shall mean the head of the Department of Health or other person holding the
office of City Health Officer, by whatever title known.
14. Inspector. The term "Inspector" includes any inspectors of the Department of Health.
ARTICLE II
PEEMITS
Section 1. Unlawful Operation. It shall be unlawful for any person in any way or manner
Olo engage in, conduct or operate any business named herein without first having applied for
and received a permit in writing to do so from the Director of Health, as herein provided,
and having paid a permit fee of Five ($5.00) Dollars to the City of Baytown, which permit
2.
C.
tor a written application therefor which shall state the name and address of such applicant,*
also a description by street and number or other appropriate designation of the location of
such 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 application are true, and the premises and vehicle conform
to the requirements of this ordinance and other Laws applicable thereto, and that the appli—
cant has complied with all the laws and ordinances regulating such business and has paid
the required permit fee, said Director shall, grant the permit applied for.
0 Section 4. Suspension of permits. 'The Director of Health is authorized and empowered
upon discovery of violation of any of the provisions of this ordinance seriously affecting
the public health and is further authorized and empowered upon repeated violation of any type
of any of the provisions of this ordinance to suspend the permit of any permittee included
in this ordinance, and upon such suspension to cause a public notice to be published in a
newspaper of general circulation in the City of Baytown to the effect that such permit has
been suspended. Such suspension shall continue for a period of sixty (60) days and/or
until the violation or violations have discontinued.
Section 5. Hearing. Provided, further, that no such permit shall b e suspended until
hearing shall have been held by said Director of Health in the matter of suspension of such
0ermit at which hearing such permittee may be present. 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)
days prior to the date of such hearing, which notice shall state the ground of complaint
against such permittee and shall also state the time when and the.pla.ce where such hearing
will be held. Such notice shall be served on such permittee by delivering the same to such
permittee or his manager or agents or to any person in charge of or employed in such business,
or by leaving such notice at the place of business or residence of such permittee with some
person of suitable age or discretion. If such notice for any reason shall not be served as
hereinabove described in this section provided, then a copy of such notice shall be mailed,
postage prepaid, addressed to such permittee at his last known residence, not less than
five (5) days prior tot he date of such hearing.
10 Section 6. Posting of permits. -Each permit and inspection sheet shall at all times be
kept posted and displayed in a conspicuous place in or about such place of business, premises
or vehicle.
Section 7. other licenses. No license under any ordinande of the city shall be issued .
3•
hall be renewable annually on
each
first day
of
January upon payment of a like fee.
Section 2. Application.
Each
applicant
for
any such permit shall file with said Direc—
tor a written application therefor which shall state the name and address of such applicant,*
also a description by street and number or other appropriate designation of the location of
such 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 application are true, and the premises and vehicle conform
to the requirements of this ordinance and other Laws applicable thereto, and that the appli—
cant has complied with all the laws and ordinances regulating such business and has paid
the required permit fee, said Director shall, grant the permit applied for.
0 Section 4. Suspension of permits. 'The Director of Health is authorized and empowered
upon discovery of violation of any of the provisions of this ordinance seriously affecting
the public health and is further authorized and empowered upon repeated violation of any type
of any of the provisions of this ordinance to suspend the permit of any permittee included
in this ordinance, and upon such suspension to cause a public notice to be published in a
newspaper of general circulation in the City of Baytown to the effect that such permit has
been suspended. Such suspension shall continue for a period of sixty (60) days and/or
until the violation or violations have discontinued.
Section 5. Hearing. Provided, further, that no such permit shall b e suspended until
hearing shall have been held by said Director of Health in the matter of suspension of such
0ermit at which hearing such permittee may be present. 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)
days prior to the date of such hearing, which notice shall state the ground of complaint
against such permittee and shall also state the time when and the.pla.ce where such hearing
will be held. Such notice shall be served on such permittee by delivering the same to such
permittee or his manager or agents or to any person in charge of or employed in such business,
or by leaving such notice at the place of business or residence of such permittee with some
person of suitable age or discretion. If such notice for any reason shall not be served as
hereinabove described in this section provided, then a copy of such notice shall be mailed,
postage prepaid, addressed to such permittee at his last known residence, not less than
five (5) days prior tot he date of such hearing.
10 Section 6. Posting of permits. -Each permit and inspection sheet shall at all times be
kept posted and displayed in a conspicuous place in or about such place of business, premises
or vehicle.
Section 7. other licenses. No license under any ordinande of the city shall be issued .
3•
®Lto 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 upon the granting of such permit, to forward it to
the person making application therefor and to file with the City Clerk a duplicate copy
thereof.
Section 8. Provisions for Year 1949. Persons operating such places of business named
herein which are now in existence in the City of Baytown shall apply for permits and shall
receive same subject to the provisions of this ordinance not later than thirty (30) days
from and after the effective date thereof. Persons desiring to begin operating new businesses
after the effective date of this ordinance shall likewise have their permits issued subject
to the provisions of this ordinance. All such persons referred to in the preceding portions
® f this Section shall thereafter obtain annual renewals as above provided on each succeed-
ing 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 guilty of a misdemeanor, and upon conviction shall be fined any amount not less than
Twenty-five ($25.00) Dollars nor more than Two Hundred ($200.00) Dollars. Each and every
day's violation shall constitute a distinct and separate offense.
(b) Any person who, having obtained such a permit, continues to engage in, conduct,
or operate such business after the same has been suspended as provided above, shall be
guilty of a misdemeanor, and on conviction shall be fined One Hundred ($100.00) Dollars.
Each and every day's violation shall constitute a distinct and separate. offense.
• -
ARTICLE III.
CODE REGULATXNG THE HANDLING OF FOODSTUFFS
Section 1. Light 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, receptacles, utensils, machinery, imple-
ments and 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 sanitary condition.
is Section 3. Floors. The floor in each room shall be of such construction as to be
easily cleaned, shall be smooth, and shall be kept clean and in good repair.
Section4. 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.
4.
Section 5. hatproofing. xvery person, firm or corporation owning or managing any such
business shall comply with all ordinances of the City providing for rat -extermination and rat -
proofing bf business buildings and the maintenance thereof in a rat -proof condition.
Section b. Insects, vermin, animals or fowl. Each such room shall be kept free from
flies, roaches, and other insects and. vermin and no animal or fowl shall be? -permitted to
enter or allowed to stay in any such rooms provided that this section shall not apply to the
temporary admittance of a "Seeing -Eye" dog.
Section 7. Other business in same room. No person owning or managing any such business
shall permit in any such room any other occupation or business if the same be of a nature or
be conducted in a manner whereby foodstuffs may be exposed to any unsanitary conditions or
pollutions; and the provisions of this ordinance shall apply to each such business herein-
before mentioned or referred to, and to the room or place where and the person by whom
same is conducted in the same manner as if such room, rooms or place were wholly occupied
by such business, even though such room, rooms, 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 ownership.
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 of Baytown. In restaurants and
bakeries hereafter constructed toilet rooms shall 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 well
Wghted 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 -gashing 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 first washing his hands.
Section 11. Clothing, etc. Each owner or manager of such business and each employee
thereof when engaged in the work of making, handling, selling, preparing or distributing any
such foodstuff, whether within or without any such room or place of business, shall at all
.imes 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 nature and texture as to be easily cleaned and rendered sanitary, and
only clean garments shall be worn by any such person. The use of hair nets, head band, or
caps is recommended. 5.
n
Section 12. Disease Control. No person who is affected with any disease 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 any person suspected of being
affected with any disease in a communicable form or of being a carrier of such disease. If
the owner of manager of such business suspects that any employee has contracted any disease
in a communicable form or has become a carrier of such disease, he shall notify the
Director of Health immediately.
Section 13. Procedure when -infection suspected.- When suspicion arises as to the
possibility of transmission of infection from any employee in any such place of business,
the Director of -Health is authorized to require any or all of the following measures;
(1) the exclusion of the employee from all business establishments embraced within the
®terms of this ordinance; (2) the immediate closing of the place of business concerned
until no further danger of disease outbreak exists., in the opinion of the Director of
Health; (3) adequate medical examinations of the employee and of his associates, with
laboratory examinations as may be indicated.
Section 14. Handling meat, fish, etc. Each person owning, managing or conducting any
such business where meat, fish or dressed poultry is slaughtered, kept,' handled, sold or
offered for sale, or is prepared or cooked, shall keep all meat hooks, receptacles,
implements, machinery, counters, tables, fixtures and cutting blocks perfectly clean; and
shall cleanse the same thoroughly at least once each day. Hot and cold running water
shall be provided for the cleaning of said materials.
Section 15. Care of meats, fish and dairy products. No meat, fish, slaughtered
®poultry or meat products, and no milk, butter, cheese or dairy products shall be left
open or exposed to contamination by dust, air, insects or other extraneous matter, either
within or without any such room or place of business; and all fresh or uncured meat, fish,
slaughtered poultry and all milk and butter shall be immediately placed and kept in a
refrigerator or ice box or cold storage room except when removed therefrom for the
immediate purposes and operations of the business.
Section 16. Scraps and garbage. Scraps of meat, offal, bones or other garbage or
discarded organic matter, animal or vegetable, or slops or refuse of any character what-
soever, shall not be left exposed to the atmosphere of any such room, but shall be immediately
deposited and kept in a closed container or receptacle which shall be emptied and cleansed
t least once each day. No container or receptacle shall be used except such as had the
approval of the Director 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 with-
out delay. The person or persons operating such business shall comply with the ordinances
6.
of the City of Baytown regulating the collection and disposal of garbage.
Section 17. Storage, display, and serving 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, sub-
merging and other contamination.
Section 1$. EquiETent. 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. Refrigeration. 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 refrigeration equipment shall be properly disposed of.
• Section 20. Miscellaneous. None of the operation.s connected with such a place of busi-
ness shall be conducted in any room used as living or sleeping quarters. Adequate lockers
or dressing rooms shall be provided for employeest clothing and shall be kept clean. Soiled
linens, coats, and aprons shall be kept in containers provided f or this purpose.
Section 21. Tainted, fermented, decaying, or adulterated foodstuffs. No person who owns,
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 about any room or place or vehicle used
in connection with such business, or expose or offer for sale, sell, prepare, deliver or
serve, or permit to be exposed or offered for sale, sold, prepared or delivered or served
to any person in any part of the Uity of Baytown, any meat, poultry, eggs, or other meat
food product, or any fish or oysters, or any foodstuff of any animal nature, or any fruit,
getable, or other thing or substance ordinarily used for human food, which is tainted,
diseased, fermented or decaying or otherwise unwholesome or unclean, 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 foodstuff, or permit same to be done, without first examining same
to -see whether same is fresh and wholesome for food; provided that the foregoing shall not
be deemed to require the examination of goods inclosed in any original package and sold
or delivered unopened.
Section 22. Penalty. 'Whoever shall do any act or thing prohibited, or 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 fined in an amount not exceeding one Hundred ($100.00)
Sollars. ,very violation shall constitute a distinct and separate offense.
ARTICLE IV.
,,jFtCTAL PROVISIONS RELATING TO HOTELS AMID
EATING AND DRINKING EbTABLISHMENTS
7.
® Section 1. Sanitation in hotels. Every person who owns, manages, or conducts any hotel
or restaurant in the City of Baytown shall at all times keep and maintain the same, and each
and every room, apartment or place and all fixtures, furniture, bedding, and other thing
used in connection with such business in a thoroughly clean and sanitary condition. And
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. Cups and towels. No common or public drinking cup, and no roller towel
except a sanitary roller paper towel shall be permitted to be placed or kept in any room or
apartment used in common by the guests of any hotel or restaurant.
Section 3. Broken dishes, receptacles, and utensils. No dish, receptacle, 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 human consumption if said dish, receptacle, or utensil
is chipped, cracked, or broken, or constructed in such a manner as to render its cleansing
and/or sterilization impossible or doubtful.
Section 4. Cloths used by 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 laundered or sterilized,
subsequent to any other use.
(c) No napkins, straws, toothpicks, or other articles shall be offered 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 fats as may be necessary by all reason-
able means, from all contamination.
Section 5. Sterilization of dishes, receptacles or utensils. No person, firm, cor-
poration, or association operating, managing, or ponducting any hotel, cafe, restaurant, dining
car, drug store, soda water fountain, meat market, bakery, or confectionery, liquor dispensary
or any other establishment where food or drink of any kind is served or permitted to be ser-
ved to the public, shall furnish to any person any dish, receptacle, or utensil used in eat-
ing, 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 containing soap or alkali
cleanser. After cleaning, all glasses, dishes, silverware, and other receptacles and utensils
shall be placed in wire cages and immersed in a still bath of clear water heated to a minimum
temperature of 1700 F. for at least three minutes, or two minutes at 1800 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 contaminated. Provided that the State Board of
FIM
•
Walth 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 receptacles, ice cream cones, or other single service
utensils are used for serving food or drinks, they must be kept in a sanitary manner, pro-
tected from dust, flies and other contamination; provided that the provisions of this Rection
shall not apply to such establishments as described herein that use electrically operated
dishwashing and glasswashing machines,.that accomplish these purposes mechanically.
Section b. Poisonous cleaners and polishes. No dish, utensil, or instrument used in
eating or drinking shall be offered for use to any person, or used in the manufacturing of
food, if said dish, utensil or instrument has been cleaned or polished by means of any cyanide
or other poisonous substance. This provision shall not apply to any dish, utensil, or
instrument if said dish, utensil or instrument has been subsequently cleaned in a manner
that all traces of said poisonous substance shall have been removed.
Section 7. Penalty. Whoever shall do any act or thing prohibited, or neglect, or re-
fuse to do any act or thing required by the preceding sections of this Article, or in any
way violate any provisions thereof, shall be fined any amount not less than Five ($5.00)
Dollars nor more than one hundred ($100.00) Dollars. Every violation shall constitute a
distinct and separate offense.
R'fidfg V.
MISC kMIA NEONS
Section 1. Inspection. The Director of tiealth and Each inspector of the City acting
alder the authority of said Director for the purpose of protecting the public health and en-
forcing this ordinance, is hereby authorized and directed at any or all reasonable times when
inspection may be deemed proper to enter any premises, room, apartment or place in the
City of Baytown wherein any such business operations herein mentioned or referred to are
carried on, or where any such foodstuffs are kept, produced, prepared or handled, and also
each and every room, place, premises, vehicle or appurtenance used in connection with such
business or operations, and to make a complete inspection -of each such room, place, premises
or vehicle, and all machinery, equipment, furniture, fixtures, and things found therein;
and also to make a thorough inspection and examination of all foodstuffs and other things
therein found which are used or kept for the purposes of such business, and which are named
herein or are reasonably within the purpose and intent. of this ordinance; and all such
Ospectors are also hereby authorized and directed to stop and inspect within the City any
wagon or vehicle 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 f4rnish to the inspector such rea-
9.
sonable and proper samples as he may demand for making any tests 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 any person shall refuse permission or bar or
obstruct such inspection, then any license or permit or certificate issued by the City for
such business shall become subject to revocation and shall become null and void on written
order of the Director of Health.
Section 2. Responsibility and reports of inspectors. Every person now or hereafter
to be appointed, or acting by or under the authority of the City of Baytown, who is charged
with the duty of inspecting such rooms, place or things, or any meat or other foodstuffs, or
any operations in connection therewith, or the conduct of any business herein mentioned or
referred to shall perform all such duties under the direction of the Director of Health and
Wall make all such inspections, examinations and reports, and in such manner and form, as
may be required and directed by said Director.
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 Baytown
anf 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 in charge of the same,
shall thereupon immediately and in the presence of the inspector destroy such meat, fish or
lather foodstuff, unless such owner, manager or other person shall notify such inspector of his
desire to appeal and shall immediately comply with the requirements of the provision3 of
this Section. Such destruction of meat, fish or other foodstuff shall be effected by slash-
ing or otherwise separating the substance of same, after 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 inspector
may designate or approve, and shall there store such foodstuff; and the Director 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 manner 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 cases
10.
I
®of such appeals the decision of said Director shall be final.
Section 4. Savings clause. If any provision, exception, section, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of same to any person or
set of circumstances shall for any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circ=stances and to.this end, all provi-
sions of this ordinance are declared to be severable.
Section [. Repealing clause. All ordinances or parts of ordinances inconsistent with
the terms of this ordinance are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency, and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the subject matter covered by
0this ordinance.
Section 6. Conflict with State Law. In the event a different penalty be prescribed
in any case by any State Law for any offense included in this ordinance, and in the event
the punishment prescribed by the State Law be the only punishment which can lawfully be
adjudged for any such offense, then the State Law for such offense shall be adjudged by
the Corporatibn Court against such offender in lieu of the penalties specifically
provided by this ordinance.
Section 7. Effective date. This ordinance shall take effect from and after ten (10)
days,,from its passage by the City Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice prior to the effective date hereof.
INTRODUCED, READ, AND PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the 20 day of January, A.D., 1919.
E. D. Cleveland, Mayor
ATTEST:
Edna—Oliver., City Clerk
� 0
14
COUNTY OF HARRIS
STATE OF TEXAS
Before me, the undersigned authority, on this date personally came and ap-
peared ______ _ �__ ________________ duly recognized agent of The Daily Sun, a daily newspaper
® published in oose eek, Harris County, Texas, and ho after being duly sworn, says that the
attached notice was published in The Daily Sun of ________ _ __ a`1_-_�f___-______________
--- --• ------
---------
----
�. f--------- -
Sworn and subscribed before me this ____!---------------- da __A. D. ]94_ --- _____
Y
--------------
Notary Publi arris County, Texas
BEULAH MAE JACKSON
1 .. Notary Public, in and for Harris County,Texas
�.
OROIjNANCE NO. 36 "i �•--• + -�^*
An -ordinance to' promte the'* health
•conditions of' the ',City, Of',, ,Baytown,,:b"
providing a code of •aahlt&r4 reRula-
d requirements, fpr_at —'Pl3ces.- l
j bu 31s and nersons ; at7lerefp';or' =by
whore foodstuff .&dophs;'•-tg[ ttuu�n
belts is produced', a�andled, prepared.
cared for or sold. anqal!"y4hlcics „used.
® in 'hnectlon. udth ,any 8101 . business.
and�rior.
the conducCotE.hotets-.anct.`.lod'g?
ing,_, Souses; and preacribl[cS.•Lha-+
me.
L- for the, vlolatlon� ot,'thu• ,severi!
prosisfons herein contained. 'and•`contain-
ang_- savings clause.
Tans 24-31• i _,....+ •..-+.
12.
COUNTY OF HARRIS
STATE OF TEXAS
Before me, the undersigned authority, on this date personally came and ap-
peared___._4600. S _._. ---------------- duly recognized agent of The Daily Sun, a daily newspaper
® published se reek, Harris County, Texas, and who after being duly sworn, says that the
attached notice was published in The Daily Sun of ------ - --- --- --- ---
_
---------------•--------------------------------------------------------------- ---------------------••----------•---------•------------------------------------------
1----
Sworn and subscribed before me this -______ -
--------- D. 194 ---------
ORDINANCE NO. 36
r ordinance to promote the
condltlons of the of of Bayt\
progidldg a code of sanitarS'-"re,
tlogs: and requirements for all—, pias
business and persons wherein --ori •'L
.whorls foodstuff or drinksfor' human
beings Is produ cod, handled, prepared.
cared for or sold. and all vehicles used
In _connection with any such business.
Ian[i, •for_ the conduct of. hotel;and -lodg:
,Ing-l-iouees; and prescribing the punish
�ment for the violation of the several
ipro'visions herein consumed. and contain -
Ing •&-
ontahrIng-•&- savings clause.
� Saa: 24-31
is
1�
13.
----------- ......... � --------------------------
Notary Publi arris County, Texas
Nota EIEULAH MAE JACKSoU
ry Public, in and for Harris County, Texas