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HomeMy WebLinkAboutOrdinances Book 16, Page 556, Ordinance Number 68-4-45556� ORDINANCE NO. 68-4-45 AN ORDINANCE AMENDING SECTION 3-B OF AN ORDINANCE ENTITLED: "AN ORDINANCE DEFINING 'MILe' AND CERTAIN 'MILK PRODUCTS', 'MILK PRODUCER', 'PASTEURIZATION', ETC.; PROHIBITING THE SALE OF ADULTERATED AND MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OF MILK AND MILK PRODUCTS; REGULATING THE INSPECTION OF DAITY FARMS AND MILK PLANTS, AND THE EXAMINATION, GRADING, LABELING, PASTEURIZATION, DISTRIBUTION, AND SALE OF MILK AND MILK PRODUCTS; PROVIDING FOR FEES FOR THE INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRIES AND MILK PLANTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES", WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY ON MAY 11, 1954 AND AMENDED ON AUGUST 25, 1959 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Section 3-B of an ordinance containing the title quoted above, which was adopted by the Board of Commissioners on May 11, 1954 and amended on August 25, 1959, be, and the same is hereby, further amended and reordained so that said section as amended and reordained shall read as follows: "SECTION 3. PERMITS AND INSPECTION FEES B. INSPECTION FEES The permit provided for herein shall not be issued uhless an inspection has been made by the Health Officer and inspection fees therefor paid to the City of Paducah, Kentucky, as pro- vided by this ordinance, by the person holding or applying for said permit. Said inspection fees shall not be construed as a tax and are deemed to be consistent with the fair and reasonable value of the services rendered and to be rendered by the Health Officer to the permit holder in the enforcement of the provisions of this ordinance by regular inspections, tests, analysis, and all pertinent services. Said fees shall be paid monthly to the City of Paducah, Kentucky on or before the 10th day of each month hereafter, and shall be based upon the actual net weight of all milk and milk products received or processed. The original weight sheets shall be made available to the Health Officer 557 once each month for the determination of said fees. The owner or operator of a milk plant whose milk or milk products are sold, delivered for sale, offered for sale, given away, stored or distributed in the City of Paducah, Kentucky, shall pay an inspection fee of two cents (2C) per hundred weight for all milk and milk products received or processed at said milk plant, except sweet cream purchased as such for marker milk purposes, in which case the fee shall be one (14) cent per pound butterfat. The inspection fees collected by the City of Paducah shall be deposited by the City Treasurer in an account to be known as "City of Paducah, Kentucky Division of Milk Control". Each month the City Treasurer shall issue a check against said account payable to the order of Paducah -McCracken County Board of Health in an amount necessary for the payment of the inspections and other various services in carry- ing out the terms of this ordinance. Said amount to be certified by a resolution duly introduced and adopted by said Paducah -McCracken County Board of Health. Payment of the inspection fee herein provided shall entitle the owner or operator of said milk plant to regular inspections as herein provided, which shall include systematic and regular inspections of the premises and equipment of all milk producers who supply milk or milk products to said milk plant for determination of Grade. The name and locations of all such milk producers shall be registered with the Health Officer. All new producers shall be registered at least 7 days before milk is to be received in order that the grade may be determined. The holder of a permit, when informed by the Health Officer of the breach of any of the requirements of this ordinance by a producer or producers, who supply milk or milk products to his milk plant, shall forthwith exclude such milk or milk products from his milk plant, and shall not accept same thereafter until permission so to do is received in writing from the Health Officer. The entirety of the inspection fees paid to the City of Paducah shall be used solely and exclusively for the inspections and various services rendered to the permit holder by the City of Paducah and the Paducah -McCracken County Board of Health, under the terms and provisions of this ordinance, and for no other purpose whatsoever. Said fees services rendered to the permit holder by the City of Paducah and the Paducah -McCracken County Board of Health, and no more. 558 The payment of inspection fees provided for in this section shall be reciprocal with inspection fees charged by other cities within the State of Kentucky for inspections of substantially the same nature as provided for herein and credit against the inspection fees provided for herein will be allowed to the owner or operator of a milk plant situated in any other city in Kentucky whose milk or milk products processed in said plant are sold, delivered for sale, offered for sale, given away, stored or distributed in the City of Paducah, Kentucky to the extent and amount that such fees are charged and paid to the city in which said milk plant is located, but no further, and such credit shall be allowed only if the city in which said plant is located allows a similar credit against inspection fees charged by said city to the owners or operators of milk plants located in the City of Paducah, Kentucku whose milk or milk products are sold, delivered for sale, offered for sale, given away, stored or distributed within such cuty." SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repeated. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners April 23, 1968 Recorded by Sarah Thurman, City Clerk, April 23, 1968.