Ord 3269 12/20/1977 ORDINANCE NO. 3269
AN ORDINANCE REPEALING ORDINANCE NO. 1667 WHICH
WAS AN ORDINANCE REGULATING THE PRODUCTION, TRANS-
PORTATION, PROCESSING, HANDLING, SAMPLING, EXAMIN-
ATION, GRADING, LABELING, REGRADING, AND SALE OF
MILK AND MILK PRODUCTS , ETC; AND AMENDING SECTION
16-64 OF THE CODE OF ORDINANCES TO PROVIDE FOR
PERMITS FOR MILK PRODUCERS, MILK PROCESSORS,
MILK HAULERS/DRIVERS FOR HIRE , BULK MILK TANKERS,
TRANSFER AND RECEIVING STATIONS, TRANSPORT VANS
AND RETAIL DELIVERY TRUCKS , DRY MILK POWDER DISTRI-
BUTORS, OUT-OF-CITY ICE CREAM, ICE CREAM MIX
AND/OR FROZEN DESSERT PROCESSORS ; PROVIDING FEES
FOR SUCH PERMITS; AND PROVIDING FOR AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. That Ordinance No. 1667 is hereby repealed.
SECTION 2. That Sec. 16-64 of the Code of Ordinances
is hereby amended to read as follows:
"Sec. 16-64. Permits required for persons engaged in
milk industry; fees.
(A) All milk producers shall be required to secure a
permit from the Milk Division of the City-County Health Unit
on January 1, 1978 for the period from January 1, 1978 through
June 30, 1978 or any part thereof, and on July 1, 1978 for
the period from July 1, 1978 through December 31, 1978 or any
part thereof, for which they will be charged a fee in accord-
ance with the following schedule, depending on the zone within
which they are located, to-wit:
(1) All milk producers located within a radius of
50 miles from Wichita Falls shall pay a fee of $50 for the
period from January 1, 1978 through June 30, 1978 , and a
fee of $100 for the period from July 1, 1978 through December
31, 1978.
(2) All milk producers located beyond a 50 mile
radius of Wichita Falls but within a 75 mile radius of
Wichita Falls shall pay a fee of $55 for the period from
January 1, 1978 through June 30, 1978 , and a fee of $108
for the period from July 1, 1978 through December 31, 1978.
(B) All milk processing plants in Wichita County, Texas,
which are regularly inspected by a milk sanitarian of the
Milk Division of the City-County Health Unit shall be required
to secure a permit on January 1, 1978 for the year 1978 ,
from the Milk Division upon payment of a fee of $3000. Instead
of paying the $3000 lump sum, a milk processor may pay for
such permit in twelve (12) equal monthly installments of
$250 each. In the event such a milk processing plant obtains
a permit subsequent to January 1, 1978 , it shall be charged
the prorated part of the annual permit fee.
(C) All milk processing plants which are not regularly
inspected by a milk sanitarian of the Milk Division of the
City-County Health Unit shall be required to secure a permit
on January 1, 1978 for the year 1978, from the Milk Division
upon payment of a fee of $375.
(D) All milk transfer stations and/or receiving stations
which are regularly inspected by a milk sanitarian of the
Milk Division of the City-County Health Unit shall be required
to secure a permit on January 1, 1978 from the Milk Division
upon payment of a fee of $150 for the period from January 1,
1978 through June 30, 1978 , and to secure a permit on July
1, 1978 upon payment of a fee of $300 for the period from
July 1, 1978 through December 31, 1978.
(E) All milk haulers/drivers for hire and bulk milk
tankers shall be required to secure a permit from the Milk
Division on January 1, 1978 upon payment of a fee of $12
for the period from January 1, 1978 through June 30, 1978 ,
and to secure a permit on July 1, 1978 upon payment of a fee
of $23 for the period from July 1, 1978 through December
31, 1978. Bulk milk haulers/drivers and bulk milk tankers
as used herein shall mean any person or persons picking up
milk from producers holding Grade A permits and who have a
bulk milk license issued by the Milk Division of the City-
County Health Unit.
- 2 -
(F) All transport vans and retail delivery trucks used
for transporting milk and milk products shall be required
to secure a permit from the Milk Division of the City-County
Health Unit on January 1, 1978 for the year 1978, upon payment
of a fee of $25 for the year or any part thereof.
(G) All Grade A dry milk powder distributors shall be
required to secure a permit from the Milk Division of the
City-County Health Unit on January 1, 1978 for the year 1978 ,
upon payment of a fee of $250 for the year or any part thereof.
(H) All out-of-city ice cream, ice cream mix and/or
frozen dessert processors shall be required to secure a
permit on January 1, 1978 for the year 1978 , from the Milk
Division of the City-County Health Unit for a fee of $250.
(I) Whenever it is necessary for a milk sanitarian of
the City-County Health Unit to reinspect a dairy, the pro-
ducer shall be charged a fee of $50 which shall be paid before
the permit is reinstated.
(J) Whenever a milk producer' s Grade A permit is revoked
for noncompliance with this ordinance because of bacteria
count, leukocytes count, or cryoscopy reading and inspections
shall be charged a fee of $50 which shall be paid before the
permit is reinstated. "
SECTION 3. Whereas the production and consumption of
milk and milk products by citizens of the City of Wichita
Falls requires the careful inspection of milk producers,
milk haulers/drivers, milk transports, milk receiving sta-
tions and milk processing plants, in order to protect the
public from the danger of infection and sickness and because
the fees charged for the necessary inspections become effect-
ive January 1 and due to the short time remaining before that
date arrives, this ordinance is hereby deemed to be an emer-
gency and shall take effect immediately upon passage.
PASSED AND APPROVED this the 20th day of December, 1977.
Or, , P1410%;1?
ATTEST: A Y 0 R
azwea4S207 6ical
- 3 -