Ord 1207 9/30/1935 ORDINANCE 1207
AN ORDINANCE CRZ_�ITING A CITY MARKET, PROVIDING THAT
EVERY PERSON, FIRM OR CORPORATION O=ING FRUITS AND VEGETABLES
FOR SALE AT WHOLESALE OR RETAIL IN THE CITY OF WICHITA YALLS,
SHALL TAKE SUCH FOOD PRODUCTS TO THE CITY MARKET FOR INSPECTION,
SAVE AND EXCEPT IOBBERS AS DEFINED HEREIN, PROVIDING AN INSPEC-
TION FEE, PROVIDING PROPER LIGHTING, DRAINAGE AND� VENTILATION,
WHERE FRUITS AND VEGETABLES ARE OFFERED FOR SALE, PROHIBITING
THE SALE OF UNSOUND AND UNWROLESMM� FRUIM AND VEGETABLES,
DEFINING A JOBBER, DEFINING A WHOLESALE DISTRIBUTORS DEFINING AN
ITINERANT TRUCKER, IEFINING A HOME GROWER, DEFINING A FOREIGN
GROWER, PROVIDING FOR SCREENS TO BE ERECTED, CREATING THE OFFICE
OF INSPECTOR, PROVIDING SURETY BOND, PRESCRIBING THE DUTIES OF
INSPECTOR AND PROVIDING A PENALTY:
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS.
Section lo That there is hereby established a city
market in the city of Wiehita,Falls, Texas, vdiiah will be for
the inspection of all fruits and vegetables which are offered
for sale, wholesale and retail, within the corporate limits of
the City of Wichita Falls, Texas, save and except fruits and
vegetables which are offered for sale by jobbers as defined
herein.
Section 2* All fruits and vegetables hauled by
truck or other motor vehicle to or within the City of Wichita
Falls, Texas, shall, pricr to offering same for sale at whole-
sale or retail, convey same to the proper designated city mar-
ket place for inspection and classification by the inspector,
save and except such foods and vegetables hauled by a railroad
company, which shall be inspected on its tracks prior to un-
loading, and save and except such fruits and vegetables offer-
ed for sale by jobbers, which shall be inspected at such
jobbers' place of business.
Section 3* Each andevery stall in the city market
and each and every place where fruits and vegetables are offer-
ed for sale or distribution shall be properly lighted, drained
and ventilate& and each of said places shall be conducted with
strict regard to the sanitary and health conditions of the City
of Wichita Falls, Texas, and no fruits or vegetables of any
kind shall be offered for sale in said market place that is
not wholesome and sound, and all necessary precaution will be
taken to protect food products offered for sale therein,
Section 4, A jobber is any person, firm or corpor-
atton who has an established place of business in the City of
Wichita Falls , Texas, adequately equipped with refrigeration
and storage for the distribution of fruits and vegetables for
the- purpose of re-sale to retailers,
,3ection 5, A wholesale distributor is any person,
firm or corporation who offers for sale fruits and vegetables
in the city of Wichita Falls without an established place of
business and who sells at retail or wholesale to a hotel, res-
tuarantp retailer, commission house or to any other person,
partnership, firm or corporation for re-sale directly or in-
directlys including the re-sale as a part of or ingredient of
a manufactured article*
6ection 6, An itinerant trucker is any persons firm
or corDoration, who sells fruits and vegetables within the City
of Wichita Falls, Texasp without having grown such fruits and
vegetables.
bection 7. A home grower is any person., firm or
corporation who grows his own fruits and vegetables in Wichita
County, Texasp and/or Wilbarger County, Texasp and/or Baylor,
Countyt Texass and/or Archer County, Texas, and/or Clay County,
Texas, for the purpose of sale in the City of Wichita Falls,
Texas.
Section 8* A foreign grower is any person, firm or
corporation who grows fruits and/or vegetables for sale in the
City of Wichita Falls$ Texas, at any other place than ad de-
fined in paragraph 7 herein*
section 9# The City of Wichita Falls, Texasp will
charge an inspection fee as follows:
Itinerant Trucker 4.50 per truckload.
Foreign Grower ;�*50 per truckload*
Truck with Trailer �.75 per load,
One Railroad Freight Car �1.00 per car.
home Grower $.25 per days whether
one load or more.
All inspection fees for truck or other conveyances
will include the use of the city market for a period of twenty-
four hours.
bection 10* The City Health Officer, or his duly
authorized agent, shall have full power at all times to enter
any stall or place in the city market where fruits and vege-
tables are offered for sale, and shall have the right to in-
spect said premises when used In connection therewith, and if
upon investigation any fruits or vegetables offered for sale
are found to be unsound or unwholesome or uncleans,..or if said
stall in conducted in a manner detrimental to the health and
comfort of the City of Wichita Fallsp the City Health Officer,
or his duly authorized agents making such inspection or ex-
amination, shall furnish evidence of said violation to the
City Attorney who shall prosecute all persons violating any
of the provisions of this article,
Section Ile The City manager of the City of Wichita
Fa,llsp Texaso shall appoint an inspector or inspectors, or re-
quire such inspector or inspectors already employed by the
City of Wichita Fallss Texas, to enforce this ordinance.
Section 12, Every person, firm, or corporation de-
siring tD sell fruits and vegetables at wholesale or retail in
the City of Wichita Falls shall make application for each es.
tablishment maintained and operated by him upon a blank form
to- be furnished by the City Health Department and in which ap-
Plication the said applicant shall give the following inform-
ation.,
(a) Address, number of establishments maintained
and operated, nature of business, method of distribution, wheth-
er it be selling direct from a store-room$ railroad ear, wagon,
truck or other vehicle, or from a vacant lot or stand, or other-
wise.
(b) Number and style of trucks or other vehicles
operated or controlled by him, and the inmediate announcement
to the inspector in the changed status in any of the above named
instruments or vending points,
Section 13,
(a) Upon filing said application properly filled out
and paying the City Inspector for each and eTery load as pro-
vided herein, said City Inspector shall issue a license or
licenses to said applic:ant to sell fruits and vegetables within
the City of Iffichita Falls, Texas.
(b) All fruits and vegetable peddlers using car,
fifteen dollars 415-00) per annum, horse and wagon, five dol-
lars ($5,00) per annum. All pushcart or foot peddlers shall
pay Two Dollars and Fifty Cents ($2.50) per annumo
Section 14, That there is hereby created the office
of City Inspector, "�,�;hose duties are to supervise and inspect
all cargoes of every kind ornature, carrying fruits or vege-
tables to be offered for sale at wholesale or retail within
the City of Wichita Falls, Texas, and it shall be his duty to
operate and supervise said City L%rket, and make all inspect-
ions either personally or by deputy, and his clerk or deputy
who collects and handles the funds pertaining to fees collect-
ed, shall make bond to be approved by the City Manager to
guarantee the performance of his duties and to account daily
to theClerk of the City of Wichita Falls for all funds collect-
ed. Said inspector shall keep or have kept a permanent record
of every registration and make a daily report of same to the
City Manager through the office of the C ity Health Officer,
Section 15, In the event any section of this ordin-
ance shall hereafter be declared null, void, or inoperative,
the other sections shall nevertheless remain in full force and
effect,
Secti-on 16, This ordinance shall not. be construed
to repeal any health and sanitary ordinance or ordinances of
the City of Wichita Falls, Texas, but shall be cumulative thereof,
Section 17. Every person, firm or corpora'fi4:ni'/\Obtain-
ing licenses under the provisions of this ordinance I be
fined not less than Ten (010.00) Dollars and no more than Two
Hundred ($200.00) Dollars, and each and every day which said
peraDn, firm or corporation shall engage in such business without
such license, shall bie and constitute a separate offense,
PASSED AND APPROVED this the 30th day of September,
A* D, 1935*
Mayor.-
ATIEST:
City Clerk*
ORDIN.,WjCE_110. 120�
AN ORDINANCE CREATING A CITY 1VARRET, PROVIDING THAT EVERY PLPRsON,
FIM�7 OR CORPORATION OFFERING FRUITS AND VEGETABLES FOR 3-US AT �jrHOLES.�LE OR
RETAIL IN TH�l CITY OF "IjICHITA FALLS ��FALL TAU UCH FOOD PRODUCTS TO CITY
ICAREET FOR INSPECTION; PROVIDING AN INS,PECTION FEE; PROVIDING FOR PROPER LIGHTTM?
DRAINING AND VENTILATING I'MBE FOOD STUFF 1S ME= OFFERED MR SALE; PROF-IBITING
SALE OF UNSOUND AND WATIOLESCL2 FOOD PRODUCTS; PROVIDING FOR SCREENS To BE
ERECTED; CREATING OFFICE OF Il�'qPECTOR, PROVIDING SURETY BOND, PRESCRIBIPG DUTIES
OF INSFIE OTOR iMNTD P ROVIDING A PML�ITy.
TMS: BE -IT ORDAIE-ED BY THC' BOARD OF =EITEN OF THE CITY OF AICHITA FAILS,
SECTION 1. That there is hereby established a City 1�rzrjoet in the
City Of Wichita Falls, Texas, which will be for the inspection of all fruits,
vegetables, and garden truck of all varities, ivhich is intended to be offered
for sale, wholesale or retail within the corporate limits of the City of T ichita
Falls, Texas.
S c-
ECTION 2. (a) All fruits, vegetables and other form of produce,
hauled by truck or other conveyance, to or within the City of 7 4Ti
Texas, shall, prior to offering it for sale I chita Falls,
, wholesale or retail, convey or haul
it to the proper designated market place fbr inspection and classification by
the Inspector. Except that such food products hauled by Railroad, shall be in-
spected on the t racks prior to unloading, unless aforesaid f ood products have
been inspected and passed by a Federal Inspector prior or during shipment, which
the City�Inspector will consider final; provided such car lots are for T,,�rholesale
distribution, otherwise each load haulpd from car will regist',�r .-�t market place.
(b) -�_11 regist-eition fees for truck or other conveyances
will include the use of a riarket place stall fror, 2P.y. all night until 10:00 �6
when market Place will be vacated for cleaning.
222n
SEXTION 3. There will be a registration fee of 25d for each load of
food products �rihen presented by a grower, and 50V per truck ,',ihen presented by a
hauler whether for wholesale or retail' sale or distribution. Automobile with
trailor 50V. Truck with trailor a.00.
SECTION 4e Each and every stall in the City !,�arket and each and every
place where any food stuff is offered for sale or distribution shall be properly
lighted, drained and ventilated and each of said places shall be conducted with
strict regard to the sanitary and health conditions of the City, and no fruits
or vegetables of any kind shall be offered for sale in said market place that is
not wholesome and sound and all necessary precaution will be ,aken to protect the
food products offered for saletherein,
SECTION 5. The health Officer or his Xnspector of the City Of ',Iichita
Falls shall have full po-wer at all times to enter any stall or place in th' e City
hiarket i,,fuere food stuff is offered for sale or assembled for distribution, and
shall have the right to inspect said premises used in connection therewith, and
if upon investigation any food products or substances offered for sale are found
to be unsound or unclean and not good and wholesome food, or if said stall is
conducted in a manner detrimental to the health and comfort of the City Of '�'Tichita
Falls, the Health Officer or Inspector naking the inspection or examination shall
furnish evidence of said violation to the City Attorney who shall prosecute all
persons violating any of the provisions of this article.
3ECTION 6. The City 1,�anager of the City Of 'Jichita Falls shall appoint
an Inspector or Inspectors or shall require such inspectcr or inspectors already
employed by the City of -dichita Falls �o enforce this ordinance,
SECTION 7. Every person, firm, Or corporation desiring, to sell f ruits
and vegetables at wholesale or retail in the City of dichita Falls shall make
application for each establishment maintained and operated by him upon a blank
form to be furnished by the City Health T
.)epartment end in which application the
said applicant shall give the following information:
(a) Address, number of establishments maintained and operated, nature of
business, method of distribution whether it be selling direct from a store-room,
railroad car, wagon, truck or other vehicle, or from a vacant lot or stand, or
otherwise.
(b) Number and style of trucks or other veheiles operated or controlled
by him, and the immediate announcement to the inspector in the chalged status in
any of the above named instruments or vending points,
SECTION 8. (a) Upon filing said application properly filled out, and
paying the City Inspector for each and every load as provided herein, said City
Inspector shall issue a license or licenses to said applicant t o sell fruits and
vegetables within the City of "ifichita Falls, Texas. 4V
fruits and vegetables peddlers using car, ek-her"
LU-1-,pnd w,,zgon,,,:shall!.L pay a license fee of fifteen Dollars per annum. All
pushcart or foot peddlers shall pay 1,,ive Dollars per annum.
-I To
SECTION 9. That there is herebY"cfe-ated the office of City Inspector
whose duties are to supervise and inspect all cargoes of every kind or nature,
carrying fruits or vegetables to be offered for sale at wholesale or retail within
the City of Wichita Falls , Texas, and it shall be his duty to operate and supervise
said City Yarket, and make all inspections either personally or by deputy, and his
clerk or deputy who collects and handles the funds pertaining to fees collected,
shall make bond to be approved by the City Lznager to guarantee the performance of
his duties and to account -aily to the 'Clerk of the City of Wichita Falls for all
funds collected. Said inspectcr shall keep or have kept a permaneat record of
every registration and make a daily report of same to the City 1,.--anager through
the office of the City Health Officer.
3ECTION 10. In the event any section of this ordinance shall hereafter
be declared null, void, or inoperative, the other sections shall nevertheless re-
main in full force and Offect,
SECTION 11. This ordinance shall not be construed to repeal any health
and sanitary ordinances or ordinance of the City of �.J_ichita Falls% Texas, but
shall be cumulative thereof.
SECTION 12. Every person, firm or corporation obtaining licenses under
the provisions of this ordinance shall keep such license displayed in his place
of business or on his ,%gon, truck or other vehicle.
6ECTION 13, 44y person, firm, or corporation violating any provisim
of this ordinance shall be fined not less than 'I"en (40-00) Dollars and no more
then IVo 11-1undred (:�200.00) i)ollars, and each and every day which said person,
firm or corporation shall engage in such business without such license, shall be
and constitute a separate offense.
Section The fact that the present ordinances of
-!�he City of WiChita Falls are inadequate$ and the fact that many estab-
lj,,�$hments are now plying their trade without a license, the fact that
frij,its and vegetables are now being sold at wholesale in the City Of
Wichita Falls which are inferior in quality, unfit for human consumf-
tion., mixed in grade, and sold as of a higher grade$ the fact that fruits
and vegetables are now being storedy kept$ packed$ and sold in wholesale
establishments which are kept in unsanitary conditions and therefore
dangerous to the health of the public, and the fact that the health of
the citizens of Wichita Falls needs protection.. c reates an emagency; and
the rule requirine the reading of ordinances on three days is hereby
sus-oended; and this ordinance is declared an emergency and shall take
effect from and after its passage and approval.