University of Virginia Library

CHAPTER XXIX.

Health and Sanitation—Joint Board of Health.

Sec. 365. Board of health—its composition, organization,
powers, duties, etc.

1. The City Board of Health shall be composed of the two
members of the Joint Health Board which are selected by the
County of Albemarle, the member of said Joint Health Board
which is selected by the University of Virginia, and the two
members of said Joint Health Board which are selected by the
City of Charlottesville, and said Joint Health Board, when selected
and organized as provided for in a contract dated November
19th, 1930, by and between the said County, City and University,
creating said Joint Health Board, shall be in fact, and
the same is hereby made the Board of Health of the City of
Charlottesville.

2. The two members of said Board to be selected by the City
as aforesaid, shall be appointed by the City Council, and shall
hold office until September 1st, 1932, and shall be elected thereafter
for a term of two years, and the other members of said City
Board shall hold office so long as they, or their successors, shall
remain members of the Joint Health Board.

3. The said Board shall exercise, perform and carry out all
the powers, duties and obligations now or hereafter prescribed
by this Code or State law which pertain to Public Health and
Sanitation.

4. Such officers, agent, and employees as said Board shall appoint
in pursuance of the aforesaid contract of November 19th,
1930, shall have all the powers and shall perform all the duties,
now or hereafter prescribed by City ordinance or State law which
pertain to Public Health and Sanitation.

Sec. 366. Health officer—his duties.

Subject to the supervision, direction and control of the Joint
Health Board, the Health Officer shall:

1. Have full direction and responsibility for the administration

of the Joint Health Department. He shall have the power
to appoint, fix the salaries, fix the duties and hours of work, regulate
the leaves of absence, and remove for cause the employees
of the Joint Health Department.

2. He shall make regular report of the work of the Joint
Health Department at the regular meetings of the Joint Health
Board and shall make special reports to said Board whenever
requested by its chairman, and shall keep the Board of Supervisors
of the County and the Council of the City informed of
the activities of the Joint Health Department and shall make financial
report quarterly to the Council.

3. He shall budget the account of his department in such way
as to secure a maximum efficiency and economy in the administration
of his Department. Disbursement of funds of the Department
shall be made upon vouchers signed by the Health Officer.
The Health Officer shall be responsible for the proper
expenditure of the funds of his Department. He shall make financial
statements quarterly to the Council, the chairman of the
Board of Supervisors of Albemarle County, and the Bursar of
the University of Virginia.

4. He shall keep proper records of the affairs of his Department
including its receipts and expenditures and such records
shall be open to the inspection of any properly authorized officer
of the City, County or University of Virginia.

5. He shall perform all the duties and have all the powers
now or hereafter prescribed by City ordinances or by State law
which pertain to public health and sanitation.

Sec. 367. Rules and regulations of the board of health—
penalty and violation.

The Board of Health shall have power to adopt and enforce
such reasonable rules and regulations as they may deem necessary
for health and sanitation not in conflict with this chapter and
State law, but such rules and regulations shall be subject to the
approval of the Council and spread upon the Ordinance Book
and shall be published in a newspaper published in the City; but
in case of epidemics, rules and regulations for suppressing the
same shall immediately become effective.

It shall be unlawful for any person to violate any such rules
and regulations and upon conviction of the person so offending,
he shall be punished by a fine of not less than $10.00, nor more
than $50.00 for the first offense and not less than $25.00 nor more
than $100.00 for each subsequent offense.

Sec. 368. Condemnation of wells and springs dangerous
to health.

Whenever the City Health Officer is informed or learns that
any well or spring in the City may be in such condition as to endanger
the health of persons who use or may use water therefrom,
he shall immediately cause such spring or well to be examined.
If after such examination he shall be of the opinion
that such spring or well is in such condition as to endanger the
health of persons using or who may use water therefrom he
shall serve a warning notice on those who are liable to use the
water and put a warning sign upon or near to said well or spring
or other source of water, and shall summon the owner of the
property or his agent, if he be a non-resident, or his guardian
or committee requiring him to appear before the Civil and Police
Justice, to show cause why such spring or well should not
be closed or put in safe condition.

If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the Civil and Police Justice
shall require such spring or well to be effectively closed or
made safe within a reasonable time to be fixed by him. If such
spring or well shall not be closed or made safe within the time
specified, the Civil and Police Justice shall summon the owner,
or his agent, if he be a non-resident, or his guardian or committee,
to show cause why such owner should not be fined for failure
to comply with such order and to show cause why the spring
or well should not be effectively closed or made safe at the expense
of the owner thereof.

If at such hearing no sufficient cause be shown for failure to
comply with said order, the owner of such spring or well shall
be fined not less than $10.00 nor more than $25.00 for each day
his failure to comply with such order be continued, and the Civil
and Police Justice may further require such spring or well to

be effectively closed or made safe at the expense of the owner
thereof.

Sec. 369. Control of communicable diseases—duty of
physicians.

(1) All physicians practicing their profession within the limits
of the City, or within one mile thereof, who shall have cases
of contagious or infectious diseases within said limits, shall report
the same in writing to the Health Officer immediately after
the facts shall have come to their knowledge. For every failure
to comply with this subsection, the penalty shall be $10.00.

(2) Owners or occupants of all residences, tenements or
rooms within the City or within one mile thereof, where highly
communicable diseases exist shall directly or through their physicians,
notify the Health Officer of the existence and character
of such disease.

(3) Immediately upon the receipt of the information that any
case of highly communicable disease exists in the City, or within
one mile thereof, it shall be the duty of the Health Officer, or
his duly authorized representative, to visit the case and in his
discretion establish strict quarantine on all persons of the premises
or remove the case to a place of detention if such be established.
The Chief of Police shall assist the Health Officer in enforcing
quarantine order.

(4) On receipt of the information of the existence of such
disease the Health Officer shall see that the residence, tenement
or rooms, where the infected person is located, is properly placarded
and shall notify the Superintendent of Public Schools to
prevent any teachers, scholars, or employees residing in such residences,
tenement or rooms, from attending the Public Schools of
the City without a written certificate from the Health Officer that
it is safe for such person to do so.

(5) No person shall knowingly sell, or cause to be sold, or
otherwise dispose of in any such manner as to cause said disease
to spread, any clothes, bed clothing, or any other article or articles
which are infected.

(6) No one shall displace, deface, remove, cover or conceal
from view any placard or notice posted as above provided until

the quarantine is raised by the Health Officer or his duly authorized
representative.

(7) Any persons violating provisions of this Section shall be
fined not less than $5.00 nor more than $50.00 for each offense,
unless otherwise provided.

Sec. 370. Removal of sick.

The Health Officer is hereby empowered to order the removal
of all persons afflicted with any contagious disease, provided
proper isolation can not be maintained at place of sickness, to
some safe and proper place within the jurisdiction of the corporation,
when in his opinion, the public safety and health of the
City requires the same; to rent a suitable place for their comfort
and accommodations; to hire nurses and to provide the necessaries
for such as are in indigent circumstances.

Any person, either parent, guardian, master, mistress, or
owner of the house, where such disease may be (or the diseased
themselves, when responsible persons) refusing to comply with
the order of the Health Officer, or other authorized agent, shall
be fined $2.00 per hour during the time of such refusal to comply
with the order aforesaid, to be recovered by warrant before
the Civil and Police Justice, as other fines of the City. Provided,
nothing in the foregoing shall be construed to prevent the friends
and relatives of the diseased aforesaid from removing them to
places prepared by themselves when such places are approved
by the Health Officer, nor to authorize them to remove any subject,
at a period of the disease, when the life would be endangered
thereby.

Sec. 371. Smallpox vaccination.

Every teacher and pupil shall, within ten days after entering
the City Schools, furnish a certificate from a reputable physician
certifying that such teacher or pupil has been successfully vaccinated,
or a certificate from the Health Officer that such teacher
or pupil is entitled to exemption from vaccination by reason of
a peculiar physical condition; but nothing in this section shall
preclude a School Board from requiring immediate vaccination
in the case of an epidemic of smallpox, or the annual revaccination

of those who have not furnished certificates of proper vaccination.

Sec. 372. Nuisances.

(1) The Health Officer shall cause to be inspected all streets,
cellars, yards, lots, privies, and other places which may be, alleged
to be, or likely to become offensive. It shall be the duty
of all police officers to observe at all times the sanitary condition
of their districts, and to report promptly to the Health Officer,
through the Chief of Police, any nuisance or accumulated filth
found to exist in any part of this City. When any such thing
shall be found, which, in the opinion of the Health Officer, is or
is likely to become, injurious to health, the Health Officer shall
require the person causing said nuisance, or the owner or the occupant
of the premises on which such thing is, to correct the
evil forthwith in such manner as he may deem expedient; and
should such person fail to execute the order of the Health Officer,
the said nuisance may be removed by the City Manager at
the cost of the City and such cost, with 20 per centum additional
as a fine shall be collected of such persons as other fines for violation
of City ordinances are collected.

(2) If upon any ground in this City there be found a drain
or running water, the owner thereof, or abutting property owners,
shall be required to keep the same clean, free and unobstructed
from filth, garbage, or vegetation. If stagnant water,
or a marshy place, shall be found upon any premises in the City,
the owner thereof shall be required to drain such stagnant water,
or fill such marsh forthwith upon order of the Health Officer.
Upon failure to comply, the City Manager is hereby authorized
to have such stagnant water drained and such marshy place filled
at the expense of the City, and may collect the expense for so
doing from the owner or occupant of the property with twenty
per centum on such amount as a fine.

(3) No discharge from any bath tub, hydrant, or other water
fixture, shall be permitted to flow into the street, upon the sidewalk,
or upon the premises of an adjoining property owner. Under
no circumstances shall the discharge from a water-closet,
kitchen sink, or slops from a kitchen, be turned in the street.
Any one violating this subsection shall be fined $2.00 for each

day the same may continue after notice from the Health Officer
to abate the same.

(4) If any person after being notified by the Health Officer to
remove anything belonging to him, or any nuisance caused by
him, or to bury or to destroy anything belonging to him, or
found on premises owned or occupied by him, shall fail to do so
for twenty-four hours after such notice, he shall forfeit $2.00
for each hour of such failure after the expiration of said twenty-four
hours; and it shall be the duty of the City Manager to have
the same done at the expense of the City which expense shall be
reimbursed to the City by the person through whose default the
same incurred, together with twenty per centum upon the amount
as a fine.

Sec. 373. Providing for the proper disposal of human
excreta, and prescribing construction, maintenance,
scavenger, and inspection of privies, etc.

(1) The owner of every building now erected, or which may
hereafter be erected, remodeled or repaired, whether occupied
or to be occupied for any purpose shall cause the same to be connected
with the City sewer, provided such building or premises
be on or along the line of a public sewer, unless in any case it can
be shown to the satisfaction of the Health Officer that there is
no necessity for such connection. It shall be unlawful for any
person to have any privy on his lot or in any home on the line of
the City system of sewerage that is not connected therewith.

All buildings and premises, whether situated on public lanes or
courts, or on such lanes or courts as have not been accepted by
the Council as public when the same opens in to the street on
which the City sewers are laid, shall be considered on the line of
the said City system of sewerage; and the owner of building and
premises on said lanes and courts, not accepted as public, shall
run at his expense a laternal to connect therewith, in accordance
with regulation herein contained governing sewers.

The plumbing and drainage system of every building shall be
separately connected with public sewer at property lines, and in
a row of tenements each tenement shall be deemed a separate
house. The connection of more than one building to the same

house sewer will not be allowed except by written permission of
the City Manager.

In cases where it is not practicable or possible to make connections
with City system of sewers, the use of septic tanks or cesspools
will be allowed in the discretion of the Health Officer and
in all cases shall be constructed and maintained in accordance
with directions of the Health Officer.

(2) It shall be unlawful for any person in Charlottesville to
throw out, deposit or bury within the City limits, any excreta
from human bodies, solid or liquid, or to dispose of such substance
in any manner other than by means of a properly sewered
water closet or a constructed sanitary privy.

(3) All buildings or other places in said City where human
beings live, are employed, or congregate, shall be provided with
a sewered water closet or a sanitary privy for the catchment, or
receiving of human discharge, which will properly dispose of
and safeguard such matter.

(4) It shall be unlawful for any property owner or his authorized
agent or tenant to construct, maintain or permit to exist
on any property or properties under his control, where sewer
connection has not been made, a privy unless the same be sanitary,
and constructed in accordance with the State requirements
for a sanitary privy and approved by the Health Officer.

(5) The Health Officer shall prescribe by regulations proper
size and methods of construction of such privies, and such other
details, as will render this section effective and its application
uniform. All such privies must conform to such regulations.

(6) All sanitary privies in said City shall be kept in a cleanly
condition at all times and so used that all excreta deposited therein
shall fall into the receptacle or pit provided. Such receptacle
or pit shall be used only for the purpose of a toilet, and no waste
water, garbage, or other refuse matter other than human excreta
shall be deposited therein.

(7) No privy shall be permitted to become filled to overflowing.
Before the pit is allowed to overflow a new pit must be provided
and the privy house placed thereon in accordance with directions
of the Health Officer.

(8) All privies existing or maintained in said City which do
not comply with the requirements of this Section or the regulations

issued under this section, shall be and are hereby declared
a nuisance, dangerous to the public health, and the City shall proceed
to abate such nuisance in accordance with laws of said City.

(9) The City, through the Health Officer, shall have the further
right to make or cause to be made such alterations or constructions
to such privies as are found to be nuisances, that will
render them sanitary, and the entire cost of such work shall be
charged against the owner of the property. All such alterations
or constructions are to be prescribed and approved by the Health
Officer.

(10) All houses having a sewer which discharges into a septic
tank or cesspool shall be provided with an ample and approved
sub-surface distributing system to care for the effluent from such
tank or cesspool. Persons desiring to have sewer connections in
their homes, where no sewer exists with which to connect, may
be allowed to construct a septic tank, provided the same complies
with the regulations of the State Board of Health and is approved
by the Health Officer.

(11) All receptacles for sanitary privies shall be in the beginning
furnished by the property owner. Said receptacle shall be
inter-changeable from closet to closet and replacement of destroyed
or worn receptacles is to be made by the City. It shall
be unlawful for any person to take, destroy, misuse or misplace
any such receptacle.

(12) The Health Officer or a duly appointed inspector, shall
personally inspect all the privies in Charlottesville as such inspection
shall be deemed by said Health Officer necessary. The
Health Officer, or a duly appointed inspector, is hereby empowered
to enter all premises in the discharge of this duty.

(13) When an existing can privy becomes unsanitary and its
replacement is directed by the Health Officer, the new privy shall
conform to the State standards for a sanitary privy as approved
by the Health Officer.

(14) Any person who violates any of the provisions of this section,
or any person who in any way obstructs the City Health
authorities in the proper discharge of the duties prescribed in
this section, shall upon conviction, be fined in a sum of not less
than $5.00 nor more than $100.00 and may also be sentenced to
hard labor for the City for a period of time not exceeding six

months. Each day such violation continues shall constitute a
separate offense.

Sec. 374. Slaughter houses—permits.

No person, firm or corporation shall own, maintain or operate
a slaughter house, abattoir or place where animals such as cattle,
sheep or hogs are killed for the purpose of sale within the corporate
limits of this City, or its police jurisdiction, without first
obtaining from the Health Officer a permit to conduct such business.
All permits shall expire December 31 of each year, and
if renewal is desired, written application must be made to the
Health Officer ten days before the date of expiration. A fee of
one dollar ($1.00) shall be charged for such permit.

Sec. 375. Slaughter houses—physical examination.

The Health Officer shall be empowered to order any physical
or laboratory examination of any employee at any time that may
be deemed necessary to determine whether a communicable or
infectious disease exists.

Sec. 376. Slaughter houses—regulation of.

All slaughter houses, abattoirs or places where animals, such
as cattle, sheep and hogs are killed for the purpose of regular
sale to the citizens of this City, shall be so constructed and operated
as to comply with the following conditions:

a. Shall be supplied with an abundant supply of pure water.

b. Shall be provided with water-tight floors.

c. Shall be provided with fly screens on doors and windows
so as to prevent the ingress of flies.

d. Such provisions shall be made for the disposition of the
offal, blood, bones and hides as will be satisfactory to the Health
Officer.

e. Shall be kept in a cleanly and sanitary condition, and to
this end shall be disinfected at such intervals as may be necessary,
or as the Health Officer may require.

f. All work rooms of slaughter houses must be well lighted
and ventilated. Basements shall not be used as slaughter rooms.

g. Floors in killing rooms shall be constructed of cement, tile,
brick or similar material, throughout and properly drained.

h. Interior walls and ceilings shall be kept clean at all times.
When necessary they shall be painted.

i. A separate room with tight walls and close fitting doors
shall be provided for the storage of hides and for the tanking
equipment. The hide room shall be equipped with a concrete
floor or pit properly connected with the drainage system.

j. Refrigerators of approved type must be installed and all
dressed carcasses shall be hung therein.

k. Cattle yards, pig pens, drives, and all fields and enclosures
surrounding slaughter houses shall be clean and free from green
bones, hair, offal, putrifying flesh, manure, etc. Such enclosure
shall be well drained.

l. Toilets to be of a type approved by the Health Officer and
kept clean at all times.

m. After each day's work is complete the floors shall be
scrubbed, utensils and equipment washed, and the room or rooms
used thoroughly cleaned.

n. All work room employees shall be clean in person at all
times and shall wear clean clothing.

Sec. 377. Stables—care of, keeping, and disposal of
manure.

(1) Every person owning or occupying any building or part
of a building wherein one or more horses, mules, cows, or similar
animals are kept, shall maintain in connection therewith constructed
and screened in accordance with regulations of the
Health Department, a bin or pit for the reception of manure,
and, pending the removal from the premises of the manure from
the animal or animals aforesaid, shall place such manure in said
bin or pit.

(2) No person owning or occupying any building or part of
a building in which any horse, mule, cow or similar animal is
kept, shall keep any manure, or permit any manure to be kept,
in or upon any portion of the premises other than the bin or pit
provided for that purpose; nor shall any person aforesaid allow
any such bin or pit to be overfilled or to be needlessly uncovered.

(3) No person shall permit any manure to accumulate on
premises under his control in such manner or to such an extent
as to give rise to objectionable odors upon any public highway

or upon any premises owned or occupied by any person other
than the person owning or occupying the premises on which
said manure is located. Every person having the use of any
manure bin or pit, shall cause all such manure to be removed
from the premises weekly.

(4) Any person violating any of the provisions of this section
or failing to carry out the orders of the Board of Health or
Health Officer as provided for in this section, shall upon conviction
thereof, be punished by a fine of not less than $2.00 nor
more than $10.00 for each offense.

Sec. 378. Milk—definitions.

Definitions.—The following definitions shall apply in the interpretation
and the enforcement of these regulations relating
to milk or the handling thereof:

(a) Milk.—Milk is hereby defined to be the lacteal secretion
obtained by the complete milking of one or more healthy cows,
properly fed and kept, excluding that obtained within fifteen
days before and five days after calving, or such longer period as
may be necessary to render the milk practically colostrum free;
which contains not less than eight and one-half per cent (8½%)
of solids not fat, and not less than three and one-fourth per cent
(3¼%) of milk fat.

(b) Milk Fat or Butter Fat.—Milk fat or butter fat is the
fat of milk.

(c) Cream.—Cream is a portion of milk which contains not
less than eighteen per cent (18%) milk fat, and the acidity of
which is not more than 0.20%, expressed as lactic acid.

(d) Skimmed Milk.—Skimmed milk is milk from which substantially
all the milk fat has been removed.

(e) Chocolate Milk. — Chocolate milk is milk to which has
been added in a sanitary manner a chocolate syrup composed of
wholesome ingredients.

(f) Buttermilk. — Buttermilk is the product which remains
when fat is removed from milk or cream, in the process of churning.
It contains not less than eight and five-tenths per cent (8.5%)
of milk solids not fat.

(g) Cultured Buttermilk.—Cultured buttermilk is the product
resulting from the souring or treatment, by a lactic acid culture,

of milk or milk products. It contains not less than eight and five-tenths
per cent (8.5%) of milk solids not fat, and shall be pasteurized
before adding the culture.

(h) Milk Products. — Milk products shall be taken to mean
and include cream, skimmed milk, chocolate milk, buttermilk, and
cultured buttermilk, except cream and milk to be made into butter,
and condensed or powdered products.

(i) Pasteurization. — The terms "pasteurization", "pasteurized",
and similar terms shall be taken to refer to the process of
heating every particle of milk or milk products to a temperature
of not less than 142°F., and holding at such temperature for not
less than 30 minutes in pasteurization apparatus approved by the
Health Officer, provided that approval shall be limited to such apparatus
which requires a combined holder and indicating thermometer
temperature tolerance of not more than 1½°F., as
shown by official tests with suitable testing equipment, and provided
that such apparatus shall be operated as directed by the
Health Officer and so that the indicating thermometers and the
recording thermometer charts both indicate a temperature of not
less than 143½°F., continuously throughout the holding period,
provided that nothing contained in this definition shall be construed
as disbarring any other process which has been demonstrated
as of at least equal efficiency and is approved by the
Health Officer.

(j) Adulterated Milk and Milk Products. — Any substance
claimed to be any milk or milk product defined in this section,
but not conforming with its definition as given in this section
shall be deemed adulterated and misbranded.

(k) Milk Producer. — A milk producer is any person who
owns or controls one or more cows, a part or all of the milk or
milk products from which is sold and delivered to another person.

(l) Milk Distributor.—A milk distributor is any person who
has in possession, offers for sale, sells or delivers to another, any
milk or milk products for consumption or manufacturing purposes.

(m) Dairy or Dairy Farm. — A dairy or dairy farm is any
place or premises where one or more cows are kept, a part or all

of the milk or milk products from which is sold and delivered to
any person.

(n) Milk Plant.—A milk plant is any place, or premises, or
establishment where milk or milk products are collected, handled,
processed, stored, bottled, pasteurized, or prepared for distribution.

(o) Health Officer.—The term "health officer" shall mean the
health authority of the City or his authorized representative.

(p) Average Bacterial Count.—Average bacterial count shall
be taken to mean the logarithmic average of the bacterial counts
of all samples taken during the grading period including at least
four samples taken upon separate days.

(q) Grading Period. — The grading period shall be such
period of time as the Health Officer may designate, within which
grades shall be determined for all milk and cream supplies, provided
that the grading period shall in no case exceed six (6)
months.

(r) Disinfectant.—A disinfectant shall be taken to mean any
germicidal substance approved by the Health Officer.

(s) Person.—The word "person" as used in these regulations
relating to milk or the handling thereof, shall mean "person,
or persons, firm, corporation, or association."

Sec. 379. The sale of adulterated or misbranded milk
or milk products prohibited.

No person shall within the City, or its police jurisdiction, produce,
sell, offer, or expose for sale, or have in possession with
intent to sell, any milk or milk products which is adulterated or
misbranded.

Sec. 380. Milk—sale of—permit.

It shall be unlawful for any person to bring into or receive
into the City, or its police jurisdiction, for sale, or to sell, or offer
for sale therein, or to have on hand, any milk or milk products,
who does not possess a permit from the Health Officer of the
City, and on whose vehicle there does not appear in a conspicuous
place the permit number in figures at least two inches high
and one and one-half inches wide.

Such a permit may be revoked by the Health Officer upon the

violation by the holder of any of the terms of these regulations
or in any emergency when in the judgment of the Health Officer
the milk supply in question has become a public health menace,
provided that the holder of said permit shall, after complying
with such revocation, have the right of appeal to the Board of
Health.

The fee for a permit to produce or transport milk or sweet
cream for consumption or sale within the City, or its police jurisdiction,
shall be one dollar ($1.00) per year.

Sec. 381. Milk—labeling and placarding.

All bottles, cans, packages, and other containers enclosing milk
or any milk products defined in section 378 shall be plainly labeled
or marked with (1) the name of the contents as given in
the definitions in section 378; (2) the grade of the contents if
said contents are graded under the provisions of this chapter;
(3) the word "pasteurized" if the contents have been pasteurized;
(4) the word "raw" if the contents are raw; (5) the name
of the producer or distributor. The label or mark shall be in
letters of a size and kind approved by the Health Officer and shall
contain no marks or words not approved by the Health Officer.

Every restaurant, cafe, soda fountain, or other establishment
shall display at all times, a card furnished by the Health Officer,
stating the grade of the milk at the time when delivered and
whether same is raw or pasteurized.

Sec. 382. Inspection of dairy farms and milk plants for
the purpose of grading or regrading.

At least once during each grading period the Health Officer
shall inspect every dairy farm producing milk or cream for consumption
within the City, or its police jurisdiction, and all milk
plants whose milk or cream is intended for consumption within
the City, or its police jurisdiction. In case the Health Officer
discovers the violation of any item of sanitation, he shall make a
second inspection after a lapse of such time as he deems necessary
for the defect to be remedied but not before the lapse of
three days, and the second inspection shall be used in determining
the grade of milk or cream. Two violations of this section on

separate inspections within any one grading period shall call for
immediate regrading.

One copy of the inspection report shall be posted by the Health
Officer in a conspicuous place upon an inside wall of one of the
dairy farm or milk plant buildings, and said inspection report
shall not be removed by any person except the Health Officer.
Another copy of the inspection report shall be filed with the records
of the Health Department.

Sec. 383. Testing of milk and milk products.

During each grading period at least four samples of milk or
cream from each dairy farm and each milk plant shall be taken
on separate days and tested by the Health Officer. Samples of
milk and cream from stores, cafes, soda fountains, restaurants,
and other places where milk products are sold shall be tested as
often as the Health Officer may require. Bacterial counts shall
be made in conformity with the standard methods recommended
by the American Public Health Association. Tests may include
such other chemical and physical determinations as the Health
Officer may deem necessary for the detection of adulteration,
these tests to be made in accordance with the latest standard
methods of the American Public Health Association and the
Association of Official Agricultural Chemists. Notices of bacterial
counts shall be given to the producer or distributor concerned
as soon as made. Samples may be taken by the Health
Officer at any time prior to the final delivery of the milk or milk
products. All stores, cafes, restaurants, soda fountains, and
other similar places shall furnish the Health Officer, upon his
request, with the name of the milk distributor from whom their
milk is obtained.

Sec. 384. Grading of milk and cream.

At least once every six (6) months the Health Officer may announce
the grades of all milk, buttermilk, cultured buttermilk,
and cream supplies delivered by all producers or distributors and
ultimately consumed within the City, or its police jurisdiction.
Said grades shall be based upon the following standards, the
grading of cream, buttermilk and cultured buttermilk being identical
with the grading of milk, except that the bacterial standard

shall be five (5) times in the case of cream, and omitted in the
case of buttermilk and cultured buttermilk.

(a) Grade "A" Raw Milk.—Grade "A" Raw Milk is milk
the average bacterial count of which as determined under section
383 does not exceed 100,000 per cubic centimeter, and which is
produced upon dairy farms conforming with all of the following
items of sanitation:

(1) Cows—Tests Tuberculosis and Other Diseases.—A physical
examination and tuberculin test and test for Bang's disease
of all cows shall be made before any milk therefrom is sold, and
at least once every twelve months thereafter, by a licensed veternarian
approved by the State livestock sanitary authority. Said
test shall be made and any reactors disposed of, in accordance
with the current requirements approved by the State Board of
Agriculture for accredited herds.

A certificate signed by the veternarian and filed with the Health
Officer shall be the only valid evidence of the above tests. Every
diseased animal shall be removed from the herd at once and no
milk from diseased cows shall be offered for sale. All reacting
animals shall be isolated at once and immediately excluded from
the premises. All animals failing to pass the Tuberculin test
shall be branded with the letter "T" or "TB" on the shoulder,
hip, or jaw, and removed at once and slaughtered under the direction
of the Health Officer. Each letter in the brand shall be
not less than two inches high and one and one-half inches wide.

All animals failing to pass the test for Bang's Disease shall be
dealt with as provided in the regulation of the State Board of
Agriculture.

The regulation regarding testing of cows for Bang's Disease
shall not be effective until January 1, 1933.

(2) Dairy Barn—Lighting.—Such sections of all dairy barns
where cows are kept or milked shall have at least four square feet
of window area for each stanchion.

(3) Dairy Barn—Air Space and Ventilation.—Such sections
of all dairy barns where cows are kept or milked shall have at
least five hundred (500) cubic feet of air space per stanchion,
and shall be well ventilated.

(4) Dairy Barn—Floors.—The floors and gutters of such parts

of all dairy barns in which cows are kept or milked shall be constructed
of concrete or other impervious and easily cleaned material
approved by the Health Officer, and shall be graded to
drain properly, and shall be kept clean and in good repair. No
horses, pigs, fowls, etc., shall be permitted in parts of the barn
used for dairy purposes.

(5) Dairy Barn—Walls and Ceilings.—The walls and ceiling
of all dairy barns shall be whitewashed at least once each year
or painted at least once every two years, or finished in a manner
approved by the Health Officer, and shall be kept clean and in
good repair. In case there is a second story above that part of
the barn in which cows are milked, the ceiling shall be tight.

(6) Dairy Barn—Cow Yard.—All cow yards shall be graded
and drained as well as practical and kept clean.

(7) Manure Disposal.—Barn must be cleaned thoroughly at
least once a day and the manure carried to the fields or stored
not less than fifty (50) feet from the barn.

(8) Milk House or Room—Construction. — There shall be
provided a separate milk house or milk room for the handling
and storage of milk and the washing and disinfecting of milk
apparatus and utensils, provided with a tight floor constructed
of concrete or other impervious material and graded to provide
drainage. The walls and ceilings of the milk house or room
shall be of such construction as to permit easy cleaning, and shall
be painted at least once each year, or finished in a manner approved
by the Health Officer. The milk house or room shall be
well lighted and ventilated and all openings effectively screened
to prevent the entrance of flies, and shall be used for no other
purpose than the handling and storage of milk or milk products
and other operations incident thereto. The cleaning and other
operations shall be so located and conducted as to prevent any
contamination to the milk or to disinfected equipment. The milk
room shall not open directly into a stable or into any room used
for domestic purposes.

All milk houses constructed after January 1, 1933 must be
located not nearer than five feet (5) of dairy or more than fifty
(50) feet. The milk house shall have at least three rooms, one

for the handling and storage of milk, one for washing and sterilizing
utensils and one for boiler.

(9) Milk House or Room—Cleanliness and Flies.—The floors,
walls, ceilings and equipment of the milkhouse or room shall be
kept clean at all times. All means necessary for the elimination
of flies shall be used.

(10) Toilet.—Every dairy farm shall be provided with a sanitary
toilet constructed and operated in accordance with the provisions
of this Code governing excreta disposal.

(11) Water Supply.—The water supply shall be easily accessible,
adequate and of a safe, sanitary quality.

(12) Utensils—Construction.—All containers or utensils used
in the handling or storage of milk or milk products must be made
of non-absorbent material and of such construction as to be easily
cleaned, and must be in good repair. Joints and seams shall be
soldered flush. All milk pails shall be of a narrow-mouthed design
approved by the Health Officer.

(13) Utensils—Cleaning.—All containers and other utensils
used in the handling, storage, or transportation of milk and
milk products must be thoroughly cleaned after each usage.

(14) Utensils—Disinfection.—All containers and other utensils
used in the handling, storage, or transportation of milk or
milk products shall between each usage be disinfected with live
steam, chlorine, or in a manner approved by the Health Officer.

(15) Utensils—Storage.—All containers and other utensils
used in the handling, storage or transportation of milk or milk
products shall be stored so as not to become contaminated before
again being used.

(16) Utensils—Handling. — After disinfection no container
or other milk or milk product utensil shall be handled in such a
manner as to permit any part of the person or clothing to come in
contact with any surface with which milk or milk products come
in contact.

(17) Milking—Udders and Teats.—The udders and teats of
all milking cows shall be clean at the time of milking.

(18) Milking—Flanks.—The flanks, bellies and tails of all
milking cows shall be free from visible dirt at the time of milking.

(19) Milkers' Hands.—Milkers' hand shall be clean, rinsed
with a disinfectant, and dried with a clean towel immediately before
milking. Should the milking operation be interrupted, the
milkers' hands must be redisinfected. Wet hand milking is prohibited.
Convenient facilities shall be provided for the washing
of milkers' hands.

(20) Clean Clothing.—Milkers and milk handlers shall wear
clean outer garments while working.

(21) Milk Stools.—Milk stools shall be kept clean.

(22) Removal of Milk.—Each pail of milk shall be removed
immediately to the milk house or straining room. No milk shall
be strained in the dairy barn.

(23) Cooling.—Milk must be cooled to as low a temperature
as circumstances will permit not above 60°F and kept at such
temperature until delivered to consumer or pasteurizing plant.

(24) Bottling and Capping.—Milk shall be bottled from a
container with a readily cleanable valve, or by the means of a
bottling machine approved by the Health Officer. Bottles must
be capped by a machine. The machine shall be cleaned and disinfected
before each usage. Caps shall be purchased in sanitary
containers and kept therein until used.

(25) Personnel—Health Certificates.—Every person connected
with a dairy or milk plant whose work brings him in contact
with the production, handling, storage, or transportation of milk
or milk products shall have within twelve months passed a medical
examination made by the Health Officer, and shall submit
such specimens of bodily discharge as the Health Officer may
require.

(26) Notification of Disease.—Notice shall be sent to the
Health Officer immediately by any milk producer or distributor
upon whose dairy farm or in whose milk plant any case of sickness
or any infectious, contagious, or communicable disease occurs.

(b) Grade "B" Raw Milk.—Grade "B" Raw Milk is milk the
average bacterial count of which at no time prior to delivery exceeds
200,000 per cubic centimeter, or which falls in class 1 as
determined by the reductase test as described in the Standard
Methods of Milk Analysis of the American Public Health Association,
and which is produced upon dairy farms conforming
with all the items of sanitation required for Grade "A" Raw Milk,
except that the cooling temperature shall be changed to 70°F.

(c) Grade "A" Pasteurized Milk.—Grade "A" Pasteurized
Milk is Grade "A" Raw Milk which has been pasteurized, cooled,
and bottled in a milk plant conforming with all of the following
items of sanitation and the average bacterial count of which at
no time after pasteurization and until delivery exceeds 30,000
per cubic centimeter, with the exception that cows producing this
milk need not be tested for Bang's disease:

(1) Floors.—The floors of all rooms in which milk is handled
shall be constructed of concrete and other equally impervious and
easily cleaned material and shall be smooth, properly drained and
provided with trapped drains, and kept clean.

(2) Walls and Ceilings.—Walls and ceilings of rooms in
which milk is handled or stored shall have a smooth, washable,
light colored surface and be kept clean.

(3) Doors and Windows.—All openings into the outer air
shall be effectively screened to prevent the access of flies. Doors
shall be self closing.

(4) Lighting and Ventilation.—All rooms shall be well lighted
and ventilated.

(5) Protection from Contamination and Flies. — The various
milk-plant operations shall be located and conducted so as
to prevent any contamination to the milk or to the disinfected
equipment. All means necessary for the elimination of flies shall
be used. This requirement shall be interpreted to include separate
rooms for (a) the pasteurizing, cooling, and bottling operations;
(b) the container-washing and disinfecting operation. Pasteurized
milk shall not be permitted to come into contact with
equipment with which unpasteurized milk has been in contact
until subsequent to disinfection. Rooms in which milk or cream

or disinfected utensils or containers are handled or stored shall
not open directly into any stable or living quarters.

(6) Toilet Facilities. — Every milk plant shall be provided
with toilet facilities conforming with the provision of this Code.
There shall be at least one room or vestibule not used for milk
purposes between the toilet room and any room in which milk
or milk products 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 ventilated. In case privies
or earth closets are permitted and used, they shall be separate
from the building and shall be of a sanitary type constructed and
maintained in conformity with the provisions of this Code.

(7) Water Supply.—The water supply shall be easily accessible,
adequate, and of a safe, sanitary quality.

(8) Washing Facilities.—Washing facilities shall be provided,
including hot running water, soap, and sanitary towels of a type
approved by the Health Officer. The use of a common towel
is prohibited.

(9) Milk Piping. — Only "sanitary milk piping" of a type
which can be easily cleaned with a brush shall be used.

(10) Construction of Equipment.—All equipment with which
milk comes in contact shall be constructed in such a manner as to
be easily cleaned.

(11) Disposal of Wastes.—All wastes shall be disposed of in
conformity with the requirements of the Health Officer.

(12) Cleaning and Disinfection of Containers and Apparatus.
—All milk containers and milk apparatus shall be thoroughly
cleaned after each usage and disinfected in a manner approved
by the Health Officer immediately before each usage.

(13) Storage of Containers.—After disinfection, all bottles,
caps, and other containers shall be stored in such manner as to be
protected from contamination.

(14) Handling of Containers and Apparatus.—Between disinfection
and usage all containers and apparatus shall be handled
in such manner as to prevent any part of the person or clothing
from coming in contact with any surface with which milk or
milk products come in contact.

(15) Storage of Caps.—Milk-bottle caps shall be purchased
and stored only in sanitary tubes and shall be kept therein until
used.

(16) Pasteurization. — Pasteurization shall be performed as
described in sec. 378. The time and temperature record charts shall
be dated and preserved for a period of one year for the information
of the Health Officer.

(17) Cooling.—All milk not pasteurized within two hours
after it is received at the plant shall then be immediately cooled
to a temperature of 50 degrees Fahrenheit or less and maintained
thereat until pasteurized; and all pasteurized milk shall be immediately
cooled to a temperature of 50 degrees Fahrenheit or
less and maintained throughout until delivery.

(18) Bottling.—Bottling shall be done at the place of pasteurization
in automatic machinery approved by the Health Officer
in such manner as to prevent any part of the person or clothing
from coming in contact with any surface with which milk or
milk products come in contact.

(19) Overflow Milk.—Overflow milk which has become machine
contaminated shall not be sold for human consumption.

(20) Capping.—Capping shall be done by machinery approved
by the Health Officer. Hand capping is prohibited.

(21) Time of Delivery.—Milk to be consumed in the form of
whole shall be delivered to the final consumer within 60 hours of
the time of pasteurization.

(22) Health Certificates. — Every person connected with a
milk plant whose work brings him or her in contact with the
handling, storage, or transportation of milk or milk products
shall have within twelve months passed a medical examination
made by the Health Officer or a licensed physician approved by
the Health Officer, and shall submit such specimens of bodily
discharge as the Health Officer may require.

(23) Notification of Disease.—Notice shall be sent to the
Health Officer immediately by any milk producer or distributor
upon whose dairy farm or in whose milk plant any case of infectious,
contagious, or communicable disease occurs.

(24) Personnel—Cleanliness.—All persons coming in contact

with milk or milk products, containers or equipment shall wear
clean outer garments and shall keep their hands clean at all times
while thus engaged.

(d) Grade "B" Pasteurized Milk.—Grade "B" Pasteurized
Milk is grade "B" Raw Milk which has been pasteurized, cooled,
and bottled in a milk plant conforming with all of the requirements
for grade "A" Pasteurized Milk.

(e) Grade "A" Raw or Pasteurized Milk.—Dairy farms producing
this grade "A", Raw, or Pasteurized Milk shall score at
least eighty points on the official score card of the State Dairy
and Food Division, and of the eighty points at least forty points
must be for methods and the average bacteria count shall not exceed
one hundred thousand per cubic centimeters.

(f) Grade "B" Raw or Pasteurized Milk.—Dairy farms producing
this grade of milk shall score at least seventy points on
the official score card, and of the seventy points at least thirty-five
points must be for methods and the average bacteria count
does not exceed two hundred thousand per cubic centimeter.

Sec. 385. Grades of milk and cream which may be sold.

Beginning January 1, 1933, no milk or cream shall be sold to
the final consumer, or to restaurants, soda fountains, grocery
stores, or similar establishments, except Grades "A" Pasteurized,
and Grade "A" Raw. This section shall not be construed as forbidding
the sale of lower grades of milk and cream during temporary
periods of regrading not exceeding 30 consecutive days.
Milk which is to be pasteurized and used for the manufacture
of ice cream may also be sold. Grade "A" Raw Milk may also
be used in the manufacture of ice cream.

Sec. 386. Milk—supplementary regrading.

At any time between regular announcements of milk grades
any producer or distributor may make application for regrading
his product.

In case the applicant's existing low grade is due to failure to
meet the bacteriological or temperature requirements, said application
must be supported by at least two examinations made subsequent
to the end of the previous grading period and indicating

that the quality of the applicant's output has improved since the
last grading announcement and conforms with the requirements
of a higher grade. The samples upon which the said two analyses
are made may be brought to the Health Department laboratory
by the applicant.

Upon the receipt of a satisfactory application, the Health Officer
shall make at least four examinations upon samples collected
by the Health Officer of the applicant's output within a period
of not less than two weeks and not more than three weeks of the
date of the application. The Health Officer shall award a higher
grade immediately in case the said four analyses indicate the necessary
quality.

In case the applicant's existing low grade is due to a violation
of an item of sanitation other than bacterial count, said application
must be accompanied by a statement to the effect that the
violated item of sanitation has been conformed with. Within
two weeks of the receipt of such an application the Health Officer
shall make a reinspection of the applicant's establishment and,
in case the findings justify, shall award a regrade.

At any time between regular announcements of milk grades
the Health Officer shall lower the grade of any milk producer or
distributor if, as a result of inspection or milk analyses, a lower
grade shall be justified in accordance with the terms set forth
herein.

Sec. 387. Transferring or dipping milk.

No milk producer or distributor shall transfer milk or milk
products from one container to another upon the street or in any
vehicle or store, or in any place except a bottling or milk room
especially used for that purpose, except as may be specially permitted
by the Health Officer in the case of milk being delivered
in bulk. The sale of dip milk is hereby expressly prohibited.
It shall be unlawful for hotels, soda fountains, restaurants, and
similar establishments to sell or serve any milk except in the
original container in which it was received from the producer or
distributor, provided that this requirement shall not apply to
mixed milk drinks.

All pasteurized milk shall be placed in its final delivery container
in the plant in which it is pasteurized. The delivery of

milk to and the collection of milk containers from quarantined
residences shall be subject to the special requirements of the
Health Officer.

Sec. 388. Milk and cream from points beyond the inspection
of the city.

Milk and cream from points beyond the inspection of the City
may not be sold in the City, or its police jurisdiction, except as
may be authorized by the Health Officer after inspection and all
the requirements of this chapter have been fulfilled.

Sec. 389. Spitting in milk room—prohibited.

No person shall spit in any part of any room, vehicle or other
place used for the sale, storage, handling, or transportation of
milk.

Sec. 390. Delivery of milk—vehicles.

All vehicles used for delivery of milk in the City, or its police
jurisdiction, shall be so constructed as to protect the milk from
the sun and from contamination. Such vehicles shall be kept
clean while used in transporting milk or milk products. No substance
capable of contaminating milk or milk products shall be
transported with milk or milk products in such manner as to permit
contamination.

Sec. 391. Milk—denaturing misbranded products.

The Health Officer may denature with rennet or some harmless
matter any milk or milk products found misbranded with respect
to grading or sold without a permit, provided that if the conditions
warrant the milk or milk products may be destroyed.

Sec. 392. Repasteurization prohibited.

No milk or milk products shall be pasteurized more than once
except as may be specially permitted by the Health Officer.

Sec. 393. Future dairies and milk plants.

All dairies and milk plants from which milk is supplied to the
City, which are hereafter constructed, shall conform in their
construction to the requirements of the Health Officer, which
shall not be less than the Grade "A" requirements of section 384.

Sec. 394. Penalty.

Any person who shall violate any provision of the foregoing
sections relating to milk or the handling thereof shall be fined
not less than $5.00 nor more than one hundred dollars ($100.00).
Each and every violation of the provisions of this section shall
constitute a separate offense.

Sec. 395. Food establishment—definition.

The term "Food Establishment" shall be construed to mean
any place (except where used principally as a private home) in
which food products are manufactured, prepared, packed, handled,
stored, sold or distributed and shall include hotels, inns,
boarding houses (where there are more than five boarders),
restaurants, cafes, lunch counters, all public eating houses, and
the kitchens thereof; all bakeries, bake shops, delicatessens, confectioneries,
candy factories, ice cream factories, and parlors,
refreshment stands, soda fountains, fruit stores, fruit stands,
wagons from which food is sold, groceries, markets, meat markets,
bottling plants, places where milk is bottled or exposed for
sale, and other similar places.

Sec. 396. Food establishments—permits.

Any person, firm or corporation operating or managing any
"Food Establishment" as hereinbefore defined, shall, before engaging
in such business, secure a permit from the Health Officer,
or his duly authorized representative. Permits shall be issued
on or before the first day of January of each year, or later
according to when application for same is made, and shall expire
on December 31 of each year. A permit shall only be issued to
a food establishment when it has been determined by previous
inspections that these regulations and all the other rules and regulations
of the Board of Health are being constantly complied
with. The fee to be charged for the above permit shall be one
dollar ($1.00).

Sec. 397. "Food establishment," to be kept in a sanitary
condition.

Every person, firm or corporation keeping, maintaining, or being
in charge of any "Food Establishment" shall keep the same
in a clean and sanitary condition.

Sec. 398. Food—protection from flies, dust, dirt, etc.

Food in the process of manufacture, preparation, packing, and
when stored, on sale or offered for sale shall be securely protected
from flies, dust and dirt; and food ready for consumption
without further preparation, maintained or offered for sale or
exchange, shall be covered by some permanent means, such as
glass, wood, metal, or other suitable materials, in such manner
or means to adequately protect same from dirt, dust and other
contamination. The use of newspapers, old sacks, unclean paper
or any paper that has been formerly used as an outside or
inside wrapping of articles of food is hereby prohibited. No
food, meat, or other food article shall be exposed on the sidewalks
or streets, except as may be necessary in transporting
from one place to another.

Sec. 399. Food establishments—screens.

All doors, windows, transoms, flues and other openings which
open to the outer air from food establishments shall be properly
screened with not coarser than fourteen mesh wire from the
first day of March until the first day of December. This shall
not apply to wholesale groceries and flour and meal mills.

Sec. 400. Food establishments—utensils, etc.

All utensils and appliances, machines, racks, molds, trucks, tables,
blocks, dishes, silverware, towels, napkins, table covers,
aprons, jackets and all other equipment or articles in use in the
preparation, storage, serving or distributing of food stuffs—
such places shall be maintained in a clean and sanitary manner.
The floors, side walks, ceilings, furniture, receptacles, implements
and machinery of every food establishment shall at all
times be kept in a clean, healthful and sanitary condition.

Sec. 401. Food establishments — ventilation, lighting,
etc.

Every building, room, basement or cellar occupied or used as
a food establishment shall be properly lighted, drained, plumbed
and ventilated and conducted with due regard for the purity and
wholesomeness of the food therein produced, sold or stored, and
with strict regard to the influence of such conditions upon the

health of the operatives, clerks, or other persons therein employed.
No food shall be kept, stored or sold in a damp place.
Except at night, live poultry shall not be kept in the same room
or compartment in which meat or other foodstuffs are kept or
offered for sale.

Sec. 402. Food establishments—ice boxes.

All ice boxes and refrigerators in food establishments shall at
all times be kept in a clean and sanitary condition. All different
articles of food stored in ice boxes shall be kept in separate containers.

Sec. 403. Food establishments—garbage cans.

All food establishments shall be equipped with covered, watertight
metallic cans of sufficient size for retaining and keeping
garbage and waste in a sanitary manner and shall at all times
be kept covered and so disposed as not to cause a nuisance.

Sec. 404. Food establishments—employees, washing facilities,
etc.

No one shall sleep or be permitted to sleep in any room where
food is stored, prepared, cooked or served. No employee or
other person in any way connected with the handling, cooking,
or preparing of any foodstuffs or products in any food establishment
shall engage at work following a visit to a water-closet,
urinal, or toilet room, without first thoroughly cleansing his or
her hands. Washing facilities shall at all times be maintained
in a clean and sanitary condition. Water, soap, individual clean
towels and individual drinking glasses shall be furnished those
employed.

Sec. 405. Food establishments—toilet facilities.

It shall be unlawful to operate, maintain, or conduct any business
where the process of production, manufacture, packing,
canning, selling, or disposing of food products for consumption
is conducted in any building, room or basement, unless the person
so owning, conducting, managing or operating said business
shall provide or cause to be provided a sanitary toilet, which
shall be located separate and apart. All doors opening directly
into the room or rooms wherein such process of production,

manufacturing, packing, canning, selling or disposition is conducted,
shall be solid and have automatic closing devices. Every
urinal, water-closet or toilet shall be kept in a clean and sanitary
condition at all times, and a standard disinfectant shall be used
constantly in such urinals, water-closets and toilets.

Sec. 406. Food establishments—clothing of employees,
expectoration, etc.

Every person employed in a food establishment or engaged in
handling articles of food to be sold or offered for sale shall be
clean in person at all times and wear clean garments when engaged
in the preparation or disposition of foods. No employee
or other person shall expectorate on the floors or walks of any
such food establishment.

Sec. 407. Food establishments — infectious diseases
and disease carriers.

It shall be unlawful for any person to engage in the handling
or dispensing of foodstuffs in any food establishment while suffering
from or a carrier of contagious or infectious disease. It
shall be unlawful for any person to engage in the handling,
preparation, sale or dispensing of any foodstuffs or be employed
at any food establishment during the time a case of infectious,
contagious or communicable disease exists at the place where
such person resides, or during the time that such place is quarantined
or thereafter until the quarantine shall have been removed,
except with the permission of the Health Officer. It shall be
unlawful for any proprietor, manager, or other person in charge
of a food establishment to employ any person suffering from any
infectious, contagious or communicable disease, or known to be
a carrier of same, or residing at a place where an infectious, contagious
or communicable disease exists. Violation of the provisions
of this section shall be punished by a fine of not less than
twenty-five dollars nor more than one hundred dollars for each
offense, and each day shall constitute a separate offense.

Sec. 408. Food establishments — physical examination
of food handlers required.

The Health Officer shall be empowered to order any physical

or laboratory examination of any employee at any time that may
be deemed necessary to determine whether a communicable disease
exists.

Sec. 409. Food—spoiled, diseased or adulterated food.

Whenever any health, sanitary, police or other officer of the
Health Department of the City shall find in any food establishment
or other place any rotten, diseased, unwholesome, adulterated
or misbranded foodstuffs, substance or articles intended for
human food or drink, it shall be the duty of such officer or agent
to notify the owner, manager, or person in charge of such articles
to remove such foodstuffs or articles to some proper place
and destroy the same in the presence of said officer or agent, or
such officer or agent may seize such foodstuff or articles and destroy
it, provided that said officer or agent may retain any amount
desired for examination or use as evidence in any prosecution
under this section. It shall further be unlawful for any person,
firm or corporation, after notification by the Health Officer to
offer for sale or sell vegetables that have grown on soil that has
been impregnated or fertilized with human excrement within a
period of twelve months from time of such fertilization. All
containers in which spoiled food has been placed shall be thoroughly
cleansed before a second use.

Sec. 410. Meats, handling of food, etc.

All beef, pork, mutton, goat, poultry, fish, oysters, and shell
fish and other meats offered for sale shall be subject to inspection
by a proper representative of the Health Officer, who shall have
power to condemn any such meats or fowl unfit for human consumption.
It shall be unlawful for any person, firm or corporation
engaged in the sale of meats and other foodstuffs to permit
meat articles of food which are of such nature that they may
be defiled or polluted by handling to be exposed for sale in such
manner that they may be handled by prospective purchasers or
others by whom such handling is not necessary. Meats, meat
products, or other foodstuffs shall not be brought into, transported
or sold in the City unless properly covered and adequately
protected against pollution, flies, dust, dirt, etc. Meats, meat
products, fish and shell fish on sale or in storage shall be kept in

iced refrigerators or iced containers. Any person selling, or
offering for sale any beef, pork, mutton, or goat which has not
been killed and inspected at an abattoir approved by the Health
Officer, shall first obtain a permit from the City Health Officer.
Such meat and all animals to be slaughtered and the premises
where slaughtered shall at all times be subject to inspection by a
representative of the Health Officer. It shall be unlawful for
any person knowingly to sell or offer for sale any part of the
carcass of a diseased animal unless approved by an accredited
veterinarian. The penalty for the violation of this section shall
be the revocation of the permit and a fine of not less than $100
or thirty days in jail, or both.

Sec. 411. Wrap bread.

All bread, rolls, biscuits, cakes and pies and all other baked
goods, sold, exchanged or delivered in the City shall be closely
wrapped in a clean paper before leaving the building, provided,
however, the provisions of this section shall not apply to hotels,
restaurants, boarding houses, or other places where bread is
made for their own use.

Sec. 412. Milk served in food establishments.

It shall be unlawful for any person keeping, maintaining, or
managing any hotel, inn, cafe, restaurant, lunch room, soda fountain,
refreshment stand, or other place where milk is sold or
distributed to the general public in the City, to serve, or to offer
to serve, to any person, any milk, except buttermilk, unless it be
in a regulation bottle tightly stoppered and bearing the name of
the individual, firm, or corporation, on the bottle cap in legible
type who was responsible for bottling said milk. Said milk shall
be bottled in a lawfully constructed bottling room at the dairy
farm or milk depot, and in no case shall be bottled in any other
place.

Sec. 413. Ice cream and soft drinks, etc.

All ice cream parlors, soda fountains, and other places where
ice cream, sodas, milk, soft drinks and soda fountain sundries
are sold shall comply with the following requirements:

(a) All utensils shall be thoroughly washed and cleaned after

each subsequent use in boiling running water or sterilized by
live steam.

In lieu of the above requirements paper cups or paper tumblers
with individual spoons will be allowed for individual use
only.

(b) The use of straws is forbidden except when such straws
are protected from dust, dirt, and handling by employees and
others.

(c) As soon as empty, all ice cream, milk and cream containers
shall be thoroughly cleaned and covered so that no flies or
foreign matter may enter said container or cans.

(d) All the ice cream dips and other utensils and appliances
used in connection with the preparation and dispensing of ice
cream, soda, milk and soft drinks, shall be washed in running
water and kept in a sanitary condition and protected from flies.

Sec. 414. Food establishments—inspections.

Regular visits shall be made by the representatives of the
Health Officer to all food establishments for the purpose of examining
the methods practiced in the handling and disposing of
foods and ascertain if the provisions of these regulations are
being complied with. The representatives of the Health Officer
shall "score" on a score card adopted by the Board of Health
each food establishment. If two successive inspections made at
least one week apart reveal the successive scores below the minimum
score allowed by the Board of Health the permit of that
food establishment may be revoked by the Health Officer. If
any particularly unsanitary condition is found on inspection, the
Health Officer, in his discretion, may revoke the permit immediately.
If any person owning or operating any food establishment
as defined in section 395 shall hinder, obstruct or refuse access,
ingress or egress to any officer of the Department of
Health, while upon his official duties as inspector of the food
establishment, said food establishment shall have its permit revoked.

Sec. 415. Food exposed for sale—protection of.

(a) No person shall expose for sale, on any public highway
or in any open market, stand or store in the City, candy, cake
or bread, dates or figs, or any other food of a kind not ordinarily

cooked, peeled or washed before being eaten, unless such candy,
cake, dates, figs, or other articles of food is effectually wrapped,
or covered and enclosed, so as to protect it from dust and insects.

(b) No such article shall be wrapped or covered with newspaper
or with any other paper previously used for any other
purpose.

(c) No person shall expose any article of food for sale, on
any public highway in the City, within twenty-four inches from
the surface of the ground, unless such article of food is covered
or enclosed to prevent access of dogs or is constantly in the immediate
presence of the owner of such article of food or of the
proper representative of such owner having custody thereof.

Sec. 416. Penalties.

Any violation of any of the foregoing sections relating to
food or food establishments except as otherwise provided, shall
be punished by a fine of not less than ten dollars for the first
offense and twenty dollars for any subsequent offense. In case
of more than two offenses the permit herein required may be
revoked by the Health Officer.

Sec. 417. Barber shops—regulations of.

(1). The owner and the manager of any barber shop, and
each of them shall equip said shop and keep said shop equipped
with running hot and cold water and with all such appliances,
furnishings, and materials that may be necessary to enable persons
employed in and about said shop to comply with the requirements
of these regulations.

(2). No owner and no manager of the barber shop shall
knowingly permit any person suffering from a communicable
skin disease or from venereal disease to act as a barber in said
shop.

(3). No person who to his knowledge is suffering from a
communicable or from a venereal disease shall act as a barber.

(4). Every manager of a barber shop shall keep said shop
and all furniture, tools, appliances and other equipment used
therein at all times in a cleanly condition.

(5). No barber shall use for the service of any customer a
comb, hair brush, hair duster or any analogous article that is

not thoroughly clean, nor any mug, shaving brush, razors,
shears, scissors, clippers or tweezers that are not thoroughly
clean or that have not been sterilized since last used.

(6). No barber shall use for the service of a customer any
towel, or wash cloth, that has not been boiled and laundered
since last used.

(7). Every barber shall cleanse his hands thoroughly immediately
before serving each customer.

(8). No barber shall, to stop the flow of blood, use alum or
other material unless the same be used as a powder or liquid and
applied on a clean towel or in a similar manner.

(9). No barber shall permit any person to use the head rest
of any barber chair under his control until after the head rest
has been covered with a towel that has been washed since having
been used before, or by clean new paper.

(10). No barber shall shave any person when the surface to
be shaved is inflamed or broken out, or contains pus, unless such
person be provided with a cup and lather brush for his individual
use.

(11). No barber shall undertake to treat any disease of the
skin.

(12). Any person violating any of the provisions of these
regulations shall, upon conviction thereof be fined not less than
$5.00 nor more than $25.00.

(13). The owner and the manager of any barber shop, and
each of them shall keep a copy of these regulations to be furnished
by the Health Officer, posted in said shop in a conspicuous
place for the information and guidance of persons working or
employed therein, and for information of the public.

(14). The word "barber" as used in these regulations means
any person who shaves, or trims the beard, or cuts or dresses
the hair of any other person for pay, and includes "barber's
apprentices" and barber shop boys, and beauty shop operators.
The word "manager" means any person having for the time
being control of the premises and of persons working or employed
therein.

(15). A permit shall be issued by the Health Officer to conduct
such business and the fee for same shall be one dollar. The
permit expires on December 31st of each year.