Title 8

HEALTH AND SANITATION 

Chapters:

 8.04 Board of Health Authority

 8.08 Contagious and Infectious Diseases

 8.12 Drainage of Stagnant Water

 8.16 Solid Waste Regulations

 8.18 Sanitary Landfill Use Rates

 8.20 Meat and Meat Food Products

 8.24 Milk and Milk Products

 8.28 Diseased Trees and Dead Wood

 8.32 Yard Waste

 8.36 Disposal of Yard Waste Upon Street

 8.38 Open Burning of Waste 

  Chapter 8.04

BOARD OF HEALTH AUTHORITY*
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*For the statutory provisions regarding the local board of health, see Chapter 137.
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Sections:
8.04.010 Designated.

8.04.010 Designated. 

The board of health shall have power to adopt rules and regulations for the improvement of the sanitary condition of the city, and they shall have authority to order the owner, or occupant at his own expense, to remove any nuisance, source of filth, or cause of sickness found on private property within such time as they may deem reasonable and if such person neglects to do so, he shall forfeit a sum of not exceeding twenty-five dollars for every twenty-four hours the substance shall be permitted to remain on the lot, street or alley after such directions to remove the same shall be given.

  Chapter 8.08

CONTAGIOUS AND INFECTIOUS DISEASES
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* For the statutory provisions regarding contagious and infectious diseases, see Chapter 139.
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Sections
8.08.010 Duties of physicians.
8.08.020 Placing notice on building.
8.08.030 Physician--Failure to comply--Penalty.
8.08.040 Allowing school attendance when family member infected prohibited.
8.08.050 Responsibility of teachers.

8.08.010 Duties of physicians. 

It shall be the duty of each and every practicing physician in the city:

 	(1)	To report to the board of health, chairman of the board of health, or physician to the board of health, every case of smallpox, or contagious disease he may be called on to attend within the limits of the city, or within five miles thereof, within twelve hours after he shall have examined the patient, with the number of the house, the name of the occupant and the street;

 	(2)	Whenever required by the chairman or secretary of the board of health, to report to them at such times, and in such forms as they may prescribe, the number of persons attacked with any pestilential, contagious or infectious disease attended by such physician, within twelve hours next preceding, and the number of persons attended by such physician who shall have died within twelve hours next preceding such report of any pestilential, contagious or infectious disease.

8.08.020 Placing notice on building. 

Whenever any physician shall report to the board of health, any case of smallpox, or contagious disease in any dwelling or building in the city, the chairman of the board of health shall have the power, whenever in his opinion it is necessary, to cause to be placed on the outside of the building, dwelling, or door of any room, a printed placard giving notice of the existence of such contagious disease. Any person who removes such placard placed by order of the chairman of the board of health or physician of the board of health, is guilty of a misdemeanor, and upon conviction thereof, be fined not less than five nor more than twenty dollars.

8.08.030 Physician--Failure to comply--Penalty. 

Any practicing physician who neglects or refuses to perform the duties required of him by this chapter, is guilty of a misdemeanor, and upon conviction shall be fined not less than ten nor more than fifty dollars.

8.08.040 Allowing school attendance when family member infected prohibited. 

The parents or guardians of children attending any private or public school who permit them to attend school after it becomes known to the parents or guardians that any of their family are infected with any infectious or contagious disease, are guilty of a misdemeanor, or upon conviction thereof, shall be fined in a sum not less than three nor more than ten dollars.

8.08.050 Responsibility of teachers. 

Any principal or teacher of any private or public school of Fort Dodge, having official or authentic information of the existence of any infectious or contagious disease in any family, of any pupil attending the school shall immediately cause the removal of the pupil from the school until he or she shall have undoubted proof of the premises where the family reside, being disinfected, and the disease eradicated. Any principal or teacher failing to comply with the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than three, nor more than ten dollars.

  Chapter 8.12

DRAINAGE OF STAGNANT WATER 

Sections:
8.12.010 Resolution ordering drainage--Service--Publication.
8.12.020 Assessment for drainage.

8.12.010 Resolution ordering drainage--Service--Publication. 

The city council may cause any lot or parcel of land within the limits of the city on which water at any time becomes foul or stagnant, to be filled up or drained in such manner and within such time as may be directed by resolution of the council. A copy of such resolution shall be personally served upon the owner, or owners, or agents of such owner or owners, of any such lot or parcel of land, if residing within Webster County, Iowa, otherwise publication of such copy shall be made once each week for two weeks in a daily or weekly newspaper published within the city.

8.12.020 Assessment for drainage. 

After the service or publication of the copy of the resolution as provided in Section 8.12.010, if the owner or owners of such lot, or lots, or real estate, fails to comply with the directions therein contained within the time therein fixed, the city council may order such lot, or lots, or parcel of land, to be so filled or drained, either by the street commissioner, or let the work necessary therefor to a contractor, and the costs and expenses thereof shall be assessed by the city council against the property, and if there is more than one lot or parcel of ground filled or drained, such costs shall be ratably divided among the same and so assessed and such costs and expenses shall be a debt due to the corporation from the owner of lot, or, if more than one, ratably against each owner according to the work done upon the lots respectively, and such assessment shall from the time of the adoption of the resolution be a lien, or liens, on such lot or lots, or parcels of ground as in case of special assessments for public improvements, and all provisions of law and ordinances as to certification and collection of such assessments in case of public improvements shall apply thereto.

  Chapter 8.16

SOLID WASTE REGULATIONS 

Sections:
8.16.010 Definitions.
8.16.020 Containers--Required.
8.16.030 Containers--To be kept covered.
8.16.040 Containers--Placement.
8.16.050 Containers--Cleanliness.
8.16.060 Containers--Use required.
8.16.070 Storage of waste--Frequency of collection.
8.16.080 Collection--City responsibility--Cost.
8.16.090 Assessment of unpaid charges.
8.16.100 Collection process.
8.16.110 Transportation of garbage.
8.16.120 Transportation of rubbish.

8.16.010 Definitions. 

For the purpose of this chapter, the following terms shall be deemed to have the following meanings: 

"Bulky rubbish" means rubbish either too large or too heavy to be loaded in solid waste collection vehicles with safety and convenience by solid waste collectors with the equipment available therefor. 

"City" means the city of Fort Dodge, Webster County, Iowa. 

"Collection" means the removal and transportation of solid waste from its place of storage to its place of processing and disposal. 

"Commercial garbage" means garbage produced by any commercial, industrial, institutional, agricultural, or multifamily residential establishment. 

"Commercial rubbish" means rubbish resulting from the operation of commercial, industrial, institutional, and agricultural establishments. 

"Disposable solid waste container" means a heavy duty waterproof container, specifically designed to be used one time, and to be disposed of, together with its solid waste contents. 

"Garbage" means putrescible animal or vegetable wastes, resulting from the handling, preparation, cooking, serving or consumption of food. 

"Hazardous waste" means solid waste materials including, but not limited to, pesticides, pesticide containers, toxic or radioactive materials, hot ashes, or liquids. 

"Nondisposable solid waste container for residential use" means a container, designed to serve residential premises, of not more than thirty-five gallons nor less than ten gallons in normal capacity, except where only one container is used, said container may be less than ten gallons. Said containers shall be waterproof, ratproof, fitted with a tight lid and handles, bales, or other suitable lifting devices. Containers shall be of a type designed for solid waste, with tapered sides, of light weight sturdy construction, not to exceed a gross weight of fifty pounds, of galvanized steel or rubber plastic or fiberglass, not subject to breakage as a result of becoming brittle in cold weather. 

"Residential garbage" means garbage produced at single-family, and two-family dwelling units; and such multi-family dwelling units as may be authorized by the manager within the limits herein after prescribed (the manager may approve the city collection of multi-family residential garbage that is capable of being billed on the residents or owners water billing, does not require the city's collection vehicle to leave the public right-of-way unless heretofor authorized by the city council and will not produce a concentration of solid waste containers in excess of eight at the public right-of-way access). (Container placement point is defined by Section 8.16.040 of this chapter) 

"Residential rubbish" means rubbish resulting from the maintenance and operation of dwelling units. 

"Rubbish" means nonputrescible solid waste, including yard waste. 

"Solid waste" means unwanted or discarded garbage or rubbish. 

"Solid waste container" means a waterproof receptacle designed for the temporary storage of solid waste, either disposable or nondisposable. 

"Yard waste" means leaves and lawn clippings and tree and shrubbery branches of less than six inches in diameter and four feet in length, securely tied in bundles not larger than forty-eight inches long and eighteen inches in diameter, when not placed in storage container. 
(Ord. 1948 § 2, 2000; Ord. 1772 § 2, 1990). 
(Ord. No. 2126, § II, 6-14-10)

8.16.020 Containers--Required. 

The occupant of every building, dwelling, or place where solid waste shall exist, shall provide a solid waste container. 
(Ord. 1772 § 3, 1990).

8.16.030 Containers--To be kept covered. 

All solid waste containers shall be covered at all times. All disposable solid waste containers shall be secured shut at all times. 
(Ord. 1772 § 4, 1990).

8.16.040 Containers--Placement. 

Any solid waste containers shall be kept out of doors, and shall not be left in alleys or streets. Where alleys are accessible, such solid waste containers shall be placed as close to the alley as possible, for convenience of the collector, and where no alley exists, solid waste containers shall be placed on the parking, in front of the premises, along the street at or before six a.m., on days when collections are made but no earlier than five p.m. the day preceding. 
(Ord. 1772 § 5, 1990).

8.16.050 Containers--Cleanliness. 

All solid waste containers shall be kept reasonably clean by the occupant. 
(Ord. 1772 § 6, 1990).

8.16.060 Containers--Use required. 

It shall be unlawful for any person to place or dispose of any solid waste upon any of the streets, alleys, vacant lots, or private or public grounds within the city limits, except in approved solid waste containers, as provided in this chapter. 
(Ord. 1772 § 7, 1990).

8.16.070 Storage of waste--Frequency of collection.

	(a) 	All solid waste, except as provided in this chapter, shall be stored in solid waste and disposable solid waste containers, as herein defined. All garbage must be thoroughly drained and wrapped in paper or other combustible material before being placed in solid waste or disposable solid waste containers.

	(b) 	All residential solid waste shall be removed twice each week.

	(c) 	All commercial solid waste shall be removed from the premises at least twice each week and where there are unusually large quantities of solid waste, as often as once each day. The city council may, by resolutions, make different requirements for the removal of solid waste, as the general welfare of the city may seem to require. 
(Ord. 1772 § 8, 1990).

8.16.080 Collection--City responsibility--Cost. 

The city shall provide for weekly collection of residential solid waste of up to four solid waste containers per dwelling unit. 

Additional containers or bags over four may be placed for collection for an additional fee. A special thirty-five gallon plastic bag can be purchased from the city at cost of one dollar and fifty cents per bag. The city shall not provide for the collection of commercial solid waste, hazardous wastes, or bulky rubbish, or any residential solid waste not prepared for disposal pursuant to this chapter. It shall be optional with the city whether the city disposal, as herein set forth, shall be collected by the sanitation department of the city, or by private, or contract haulers. 

Commencing the first day of July, 2010, a charge in the amount of fourteen dollars and fifty cents per month shall be charged by the City of Fort Dodge, Iowa and collected on the city utility bill for each residential unit above authorized. 

The charge herein provided shall be for the collection of solid waste, yard waste, and recyclables, the operation of the yard waste facility and the enforcement of property maintenance. Such monthly charge shall be billed to the owners of such premises. All charges under this chapter shall be shown as a separate item on the regular water bill and are payable at the office of the water department. All collections under this chapter shall be kept in a separate account by the water department, and shall be deposited and accounted for as may from time to time be directed by the city treasurer and the city clerk. 
(Ord. 2088 §§ 2, 3, 2008; Ord. 1991 § 2, 2002: Ord. 1978 § 2, 2001: Ord. 1931 § 2, 1998; Ord. 1818 § 3, 1992; Ord. 1772 § 9, 1990). 
(Ord. No. 2126, §§ IIIA, IIIB, 6-14-10)

8.16.090 Assessment of unpaid charges. 

The collection of solid waste, as contemplated by this chapter, and availability of such collection, whether or not the same is used regularly or at all by the owners of said premises, is declared to be a benefit to such premises at least equal to the monthly charges specified by this chapter. In case of failure to pay the monthly charge when billed, as heretofore provided, then the monthly charge shall be assessed against the property benefitted in the manner provided for special assessments. 
(Ord. 1772 § 10, 1990).

8.16.100 Collection process. 

At least annually, the director of public works shall prepare a delinquent list of persons failing to pay the monthly charge required by this chapter, listing the premises against which such charge has made and the amount due therefrom. Resolutions shall thereupon be prepared assessing the delinquent charges to the property so benefitted. Such resolutions, properly adopted by the city council, shall be certified as provided by law in cases of special assessments for collection in the manner of general taxes. 
(Ord. 1772 § 11, 1990).

8.16.110 Transportation of garbage. 

All garbage shall be transported only in watertight vehicles, properly covered with a tight cover so that there shall be no spillage or drainage of water or garbage from such vehicle during transit. 
(Ord. 1772 § 12, 1990).

8.16.120 Transportation of rubbish. 

All rubbish shall be transported in vehicles properly enclosed so that there will be no rubbish lost on the streets of the city or on the highways leading to the landfill. 
(Ord. 1772 § 13, 1990).

  Chapter 8.18

SANITARY LANDFILL USE RATES 

Sections:
8.18.010 Definitions.
8.18.020 Charges.
8.18.030 Assessment of unpaid charges.
8.18.040 Collection process.

8.18.010 Definitions. 

For the purpose of this chapter, the following definitions shall apply: 

"Garbage" means all animal, fruit and vegetable matter and all normal waste from the kitchen, including food containers, but does not include dead animals or fowls, ashes, rubbish or lawn clippings. 

"Nonresidential premises" means and includes all types of premises other than residential dwelling units, as defined in this chapter, including but not limited to all commercial and industrial premises. 

"Owner" shall, in addition to the record title holder, include any person residing in, renting, leasing or occupying any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several. 

"Refuse" means putrescible and nonputrescible wastes, including but not limited to, garbage, rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry and semisolid form. 

"Residential dwelling unit" means and includes all single-family dwelling units including but not limited to single-family homes, apartments, and mobile homes. 

"Rubbish" means nonputrescible solid waste consisting of combustible wastes, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind. 

"Sanitary landfill" means a method of disposing of refuse on land by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary so that no nuisance or hazard to the public health is created. 

"Solid waste" means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. 

"Toxic and hazardous waste" means waste materials, including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, flammable or explosive materials similar harmful wastes which require special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. 
(Ord. 1771 § 2, 1990).

8.18.020 Charges. 

Commencing the first day of July, 1992, a charge in the amount of two dollars and twenty-five cents per month shall be charged by the city of Fort Dodge, Iowa, and collected from each residential dwelling unit on the monthly water bill, as defined in Section 8.18.010 of this chapter, or from the owner of such dwelling unit as defined in Section 8.18.010, and two dollars and twenty-five cents per month from each nonresidential premises with a water meter, as defined in Section 8.18.010. The charge herein provided shall be for the use of the Webster County solid waste commission facilities, and charges under this chapter shall be shown as a separate item on the regular water bill and are payable at the office of the water department. All collections under this chapter shall be kept in a separate account by the water department and shall be deposited and accounted for as may from time to time be directed by the city treasurer and the city clerk. 

Commencing on the first day of July 2003, the solid waste facilities charges provided for in this section as amended by Section II of Ordinance 1818 shall be in an amount established by the city council by resolution. 
(Ord. 2004 § 1, 2003; Ord. 1818 § 2, 1992: Ord. 1771 § 3, 1990).

8.18.030 Assessment of unpaid charges. 

The use of sanitary landfill facilities as contemplated by this chapter and the availability of such facilities, whether or not the same are used regularly or at all by the owners of residential or nonresidential premises, is declared to be a benefit to such premises at least equal to the monthly charge when billed, as heretofore provided, then the monthly charge shall be assessed against the property benefitted in the manner provided for special assessments. 
(Ord. 1771 § 4, 1990).

8.18.040 Collection process. 

At least annually, the public works director shall prepare a delinquent list of persons failing to pay the monthly charge required by this chapter, listing the premises against which such charge was made and the amount due therefrom. Resolutions shall thereupon be prepared assessing the delinquent charges to the property so benefitted. Such resolutions, properly adopted by the city council, shall be certified as provided by law in cases of special assessments for collection in the manner of general taxes. 
(Ord. 1771 § 5, 1990).

  Chapter 8.20

MEAT AND MEAT FOOD PRODUCTS*
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*For the statutory provisions regarding the power of cities to restrain or prohibit the sale of tainted or unsound meat or other provisions and to provide for the immediate seizure and destruction thereof, see ICA 368.7(a) for provisions regarding state control of meat and poultry inspections, see ICA Chapter 189A.
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Sections:
8.20.010 Purpose of chapter.
8.20.020 Mark or stamp required.
8.20.030 Unmarked meat destroyed.
8.20.040 Enforcement of chapter.
8.20.050 Adoption of rules and regulations.
8.20.060 Permit required when.
8.20.070 Changing mark for purpose of evasion.
8.20.080 Processing and manufacture defined.

8.20.010 Purpose of chapter. 

The purpose of this chapter is to guard and protect the health of the public by preventing the sale and use in Fort Dodge, of meat and meat food products which are unhealthful, unwholesome, unsound or otherwise unfit for human food.  
(Ord 1108, § 1).

8.20.020 Mark or stamp required. 

No person, firm or corporation shall display, sell, offer for sale or otherwise disposed of, or bring, or cause to be brought to Fort Dodge, for such purpose, any meat product or meat food product which does not bear the marks, brands, or stamps, if in containers, showing that such product was manufactured, packed, cured or otherwise processed under regulations of:

 	(a)	The department of health of Fort Dodge; or

 	(b)	The United States Department of Agriculture; or

 	(c)	A municipality whose standard of meat inspection is equivalent to that maintained by the city and officially recognized and approved by the department of health of Fort Dodge. 
(Ord. 1108 § 2).

8.20.030 Unmarked meat destroyed. 

Any meat product or meat food product found, offered or displayed for such purpose, within Fort Dodge, which does not bear the marks, brands or stamps as required by this chapter, shall be destroyed or excluded from the city under the direction and supervision of the health officer. 
(Ord. 1108 § 3).

8.20.040 Enforcement of chapter. 

The health officer of Fort Dodge, is charged with the duty of enforcing the provisions of this chapter. 
(Ord. 1108 § 4).

8.20.050 Adoption of rules and regulations. 

The board of health shall adopt such reasonable rules and regulations as are necessary to carry out the enforcement of this chapter. 
(Ord. 1108 § 5).

8.20.060 Permit required when. 

No person, firm or corporation, other than those operating under the supervision of the United States Department of Agriculture, or a municipality, meeting the standard set forth in Section 8.20.030 hereof, shall manufacture or process any meat product or meat food product in Fort Dodge, without a permit issued by the department of health of Fort Dodge. Such permit shall be renewable annually upon application to the health officer and shall not be transferable. 
(Ord. 1108 § 6).

8.20.070 Changing mark for purpose of evasion. 

Each and every person, who for the purpose of evading the provisions and requirements of this chapter, forges, simulates, detaches, defaces, alters or destroys any tag, mark, brand or stamp, herein-before mentioned or referred to, is guilty of a misdemeanor. 
(Ord. 1108 § 7).

8.20.080 Processing and manufacture defined. 

The terms "processing" and "manufacture," as applied to meat products and meat food products, include: Comminuting, drying, cooking, smoking, pickling, seasoning, flavoring, rendering and canning, or any combination of any of these, but do not include the making of hamburger steak, pork sausage and/or corn beef 
(Ord. 1108 § 10).

  Chapter 8.24

MILK AND MILK PRODUCTS*
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*For the statutory provisions regarding power of cities to provide for the inspection of all milk and milk products sold for human consumption within the corporate limits, and to compel the tuberculin and other tests by an accredited veterinarian for dairy cattle supplying such milk, and to provide for the pasteurization and handling of milk and milk products for human consumption, see ICA 368.25; for provisions regarding the adulteration of milk products, see ICA Chapter 190; for the provisions regarding the labeling of foods, see ICA Chapter 191; for provisions regarding the grades of milk, see ICA Chapter 194.
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Sections:
8.24.010 Definitions.
8.24.020 Sale of adulterated, misbranded or ungraded milk or milk products prohibited.
8.24.030 Permits.
8.24.040 Labeling and placarding.
8.24.050 Dairy farms and milk plants--Inspection for grading or regrading.
8.24.060 Dairy farms and milk plants outside territory--Inspection.
8.24.070 Examination of milk and milk products.
8.24.080 Grading of milk and milk products.
8.24.090 Grades of milk and milk products which may be sold.
8.24.100 Supplemental grading and regrading.
8.24.110 Transferring or dipping milk--Delivery containers--Handling more than one grade--Delivery of milk at quarantined residences.
8.24.120 Milk from points beyond city inspection limits--Grading provisions to be same.
8.24.130 Notification of disease.
8.24.140 Future dairies and milk plants to conform.
8.24.150 Procedure when infection suspected.
8.24.160 Enforcement and interpretation.

8.24.010 Definitions. 

The following definitions shall apply in the interpretation and the enforcement of this chapter:

 	(1)	"Adulterated milk and milk products" means any substance claimed to be any milk or milk product defined in this chapter, but not conforming with its definition as given in this chapter, or which carries a grade label unless such grade label has been awarded by the health officer and not revoked;

 	(2)	"Average bacterial plate count" means the logarithmic average of the bacterial plate counts of the last four consecutive samples, taken upon separate days, irrespective of periodic grade announcements. "Average direct microscopic count" means the logarithmic average of the direct microscopic counts of the last four consecutive samples, taken upon separate days, irrespective of periodic grade announcements. "Average reduction time" means the arithmetic average of the reduction time of the last four consecutive samples, taken upon separate days, irrespective of periodic grade announcements. "Average cooling temperatures" mean the arithmetic average of the temperatures of the last;

 	(3)	"Buttermilk" is a product resulting from the churning of milk or cream or from the souring or treatment by a lactic acid, or other culture of milk, skimmed milk, or milk or skimmed milk powder. It contains not less than eight percent of milk solids not fat;

 	(4)	"Cream" is a portion of milk which contains not less than eighteen percent milk fat. "Sour cream" is cream the acidity of which is more than 0.20 percent, expressed as lactic acid;

 	(5)	"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 or offered for sale;

 	(6)	"Goat milk" is the lacteal secretion, free from colostrum obtained by the complete milking of healthy goats, and shall comply with all the requirements of this chapter. The word "cows" includes goats;

 	(7)	"Grading period" is such period of time as the health officer may designate within which grades shall be determined for all milk and/or milk products, provided that the grading period shall in no case exceed six months;

 	(8)	"Health officer" means the health authority of the city, or his authorized representative;

 	(9)	"Milk" is the lacteal secretion obtained by the complete milking of one or more healthy cows, 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 percent of milk solids not fat, and riot less than three and one-fourth percent of milk fat;

 	(10)	"Milk distributor" is any person who offers for sale or sells to another any milk or milk products for human consumption as such;

 	(11)	"Milk fat" or "butter fat" is the fat of milk;

 	(12)	"Milk beverage" or "skimmed milk beverage" is a food compound or confection consisting of milk or skimmed milk, as the case may be, to which has been added a syrup or flavor consisting of wholesome ingredients;

 	(13)	"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;

 	(14)	"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 or offered for sale;

 	(15)	"Milk products" means and includes cream, sour cream, goat milk, vitamin D milk, buttermilk, skimmed milk, reconstituted or recombined milk and cream, milk beverages, and skimmed milk beverages;

 	(16)	"Pasteurization," "pasteurized," and similar terms refer to the process of heating every particle of milk or milk products to a temperature of not less than one hundred forty-two degrees Fahrenheit and holding at such temperature for not less than thirty minutes in approved pasteurization apparatus, provided that approval shall be limited to apparatus which requires a combined holder and indicating thermometer temperature tolerance of not more than one and one-half degrees Fahrenheit, as shown by official test with suitable testing equipment, and provided that such apparatus shall be properly operated and that the indicating thermometers and the recording thermometer charts both indicate a temperature of not less than one hundred forty-three and one-half degrees Fahrenheit, continuously throughout the holding period. "Pasteurization," "pasteurized," and similar terms also include the process of heating every particle of milk or milk products to one hundred sixty degrees Fahrenheit and holding at that temperature or above for not less than fifteen seconds in apparatus of approved design and properly operated. 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 State Health Authority;

 	(17)	"Person" as used in this chapter means person, firm, corporation, or association;

 	(18)	"Reconstituted or recombined milk" is a product resulting from the recombining of milk constituents with water, and which complies with the standards for milk fat and solids not fat of milk as defined herein. "Reconstituted or recombined cream" is a product resulting from the combination of dried cream, butter, or butter fat with cream, milk, skim milk, or water;

 	(19)	"Skimmed milk" is milk from which a sufficient portion of milk has been removed to reduce its milk fat percentage to less than three and one-quarter percent;

 	(20)	"Vitamin D milk" is milk the vitamin D content of which has been increased by a method and in an amount approved by the health officer. 
(Ord. 857 § 1).

8.24.020 Sale of adulterated, misbranded or ungraded milk or milk products prohibited. 

No person shall within the city, or its police jursidiction, produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, misbranded, or ungraded. It is unlawful for any person, elsewhere than in a private home, to have in possession any adulterated, misbranded, or ungraded milk or milk product. 
(Ord. 857 § 2).

8.24.030 Permits. 

It is 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 in storage where milk or milk products are sold or served, any milk or milk product defined in this chapter, 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 three inches high and one and one-half inches wide. Only a person, who complies with the requirements of this chapter, shall be entitled to receive and retain such a permit. Such a permit may be revoked by the health officer upon the violation by the holder of any of the terms of this chapter or in any emergency when in the judgment of the health officer the milk or milk product in question has become a public health menace: Provided, that the holder of the permit shall, upon complying with such revocation, have the right of appeal to the board of health. 
(Ord. 857, § 3).

8.24.040 Labeling and placarding.

	(a) 	All bottles, cans, packages, and other containers enclosing milk or any milk product defined in this chapter shall he plainly labeled or marked with:

 	(1)	The name of the contents as given in the definitions in this chapter;

 	(2)	The grade of the contents if the contents are graded under the provisions of this chapter.

 	(3)	The word "pasteurized" only if the contents have been pasteurized;

 	(4)	The word "raw" only if the contents are raw;

 	(5)	The name of the producer if the contents are raw, and the name of the plant at which the contents were pasteurized, if the contents are pasteurized;

 	(6)	In the case of vitamin D milk, the designation "Vitamin D Milk" and the source of the Vitamin D;

 	(7)	The next day of the week following the day the milk is bottled, such as Monday, Tuesday, etc. 

The label or mark shall be in letters of a size, kind, and color approved by the health officer, and shall contain no marks or words not approved by the health officer. All milk bottle caps to be used shall cover the pouring lid of the bottle.

	(b) 	Every restaurant, cafe, soda fountain, or other establishment serving milk or milk products shall display at all times, in a place designated by the health officer, a notice approved by the health officer, stating the lowest grade of milk and/or milk products served. 
(Ord. 857 § 4).

8.24.050 Dairy farms and milk plants--Inspection for grading or regrading.

	(a) 	At least once during each grading period the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are 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 and/or milk products. Any violation of any item of this chapter on two consecutive inspections within any one grading period shall call for immediate degrading.

	(b) 	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 the inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. 
(Ord. 857 § 5).

8.24.060 Dairy farms and milk plants outside territory--Inspection. 

The radius or territory within which inspection of dairy farms and milk plants will be made under the provisions of this chapter, by the health officer of the city, is limited to a circular distance of six miles from the city, provided, however, that any milk producer or distributor outside of the limit of six miles from the municipal building in the city, may, on written request to the health officer of the city, have his or its dairy farm or milk plant inspected under the provisions of this chapter, by paying a fixed mileage charge of not to exceed five cents per mile for the distance to be traveled by the inspector and a charge of not to exceed one dollar for each inspection. Each milk producer and distributor, as defined in this chapter, shall fully comply with each and all of the provisions of this chapter. 
(Ord. 884 § 1).

8.24.070 Examination of milk and milk products. 

During each grading period at least four samples of milk and/or cream from each dairy farm and each milk plant shall be taken on separate days and examined by the health officer. Samples of other milk products may be taken and examined by the health officer, as often as he deems necessary. Samples of milk and/or milk products from stores, cafes, soda fountains, restaurants, and other places where milk or milk products are sold shall be examined as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the latest standard methods recommended by the American Public Health Association. Examinations may include such other chemical and physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in accordance with the latest standard methods of the American Public Health Association and the Association of Official Agricultural Chemists. Bacterial plate count, direct microscopic count, reductase test, and cooling temperature results shall be given to the producer or distributor concerned as soon as determined if the results fall without the limits prescribed for the grade then held. Samples may be taken by the health officer at any time prior to the final delivery of the milk or milk products. All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the health officer, upon his request, with the names of all distributors from whom their milk and/or milk products are obtained. Bio-assays of the vitamin D content of vitamin D milk shall be made when required by the health officer in a laboratory approved by him for such examinations. 
(Ord. 857 § 6).

8.24.080 Grading of milk and milk products. 

At least once every six months the health officer shall announce the grades of all milk and milk products delivered by all producers or distributors and ultimately consumed within the city, or its police jurisdiction. The grades shall he based upon the following standards, the grading of milk products being identical with the grading of milk except that the bacterial standards shall be doubled in the case of cream, and omitted in the case of sour cream and buttermilk. Vitamin D milk shall be only of grade A or grade B pasteurized, certified, or grade A raw quality.

 	(1)	Certified Milk. Certified milk is milk which conforms with the requirements of the American Association of Medical Milk Commissions in force at the time of production and is produced under the supervision of the Medical Milk Commission of the Medical Society of Webster County, and the State Board of Health or the city or county health officer.

 	(2)	Grade A Raw Milk. Grade A raw milk is milk the average bacterial count of which, as determined under Section 8.24.010(2) of this chapter, does not exceed fifty thousand per cubic centimeter, or the average direct microscopic count of which does not exceed fifty thousand per cubic centimeter if clumps are counted or two hundred thousand per cubic centimeter if individual organisms are counted, or the average reduction time of which is not less than eight hours and which is produced upon dairy farms conforming with all the following items of sanitation. 

Item 1r. Cows--Tuberculosis and Other Diseases. A physical examination and, except as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every twelve months thereafter, by a licensed veterinarian approved by the State Livestock Sanitary Authority. The tests shall be made and any reactors disposed of in accordance with the requirements approved by the United States Department of Agriculture, Bureau of Animal Industry, for accredited herds. 

A certificate signed by the veterinarian or attested to by the health officer, and filed with the health officer, shall be evidence of the above test. 

Provided that in modified accredited counties the modified accredited area system approved by the United States Bureau of Animal Industry shall be accepted in lieu of annual testing. 

For diseases other than tuberculosis such tests and examinations as the health officer may require shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. 

Cows which show an extensive or entire induration of one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milking herd. Cows giving bloody, stringy, or otherwise abnormal milk but with only slight induration of the udder shall be excluded from the herd and their milk discarded until reexamination shows that the milk has become normal. 

Item 2r. Dairy Barn Lighting. A dairy or milking barn shall he required, and in such sections thereof where cows are milked windows shall be provided and kept clean and so arranged as to insure adequate light properly distributed, amid when necessary shall be provided with adequate supplementary artificial light. 

Item 3r. Dairy Barn--Airspace and Ventilation. Such sections of all dairy barns where cows are kept or milked shall be well ventilated and shall be arranged as to avoid overcrowding. 

Item 4r. Dairy Barn--Floors. The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of concrete or other approved impervious and easily cleaned material, shall be graded to drain properly, amid shall be kept clean amid in good repair. No horses, pigs, fowl, calves, etc., shall be permitted in parts of the barn used for milking. 

Item 5r. Dairy Barn--Walls and Ceiling. The walls and ceilings of all dairy barns shall be whitewashed once each year or painted once every two years, or oftener, if necessary, or finished in an approved manner, and shall be kept clean and in good repair. In the case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking space, it shall be separated therefrom by a dust-tight partition and door. No feed shall be stored in the milking portion of the barn. 

Item 6r. Dairy Barn--Cow Yard. All cow yards shall he graded and drained as well as practicable and kept clean. 

Item 7r. Manure Disposal. All manure shall be removed and stored or disposed of in such manner as best to present the breeding of flies therein or the access of cows to plies thereof. 

Item 8r. Milk House or Room--Construction. There shall be provided a milk house or milk room for the cooling, handling, and storage of milk and/or milk products and the washing, bactericidal treatment and storage of milk apparatus and utensils. The milk house of room:

 	(1)	Shall be provided with a tight floor, constructed of concrete or other impervious material, in good repair, and graded to provide proper drainage;

 	(2)	Shall have walls and ceilings of such construction as to permit easy cleaning, and shall be well painted or finished in an approved manner;

 	(3)	Shall be well lighted and ventilated;

 	(4)	Shall have all openings effectively screened, including outward opening, self-closing doors, unless other effective means are provided to prevent the entrance of flies; and

 	(5)	Shall be used for no other purposes than those specified above except as may be approved by the health officer, shall not open directly into a stable or into any room used for domestic purposes, shall have water piped into it, shall be provided with adequate facilities for the hearing of water for the cleaning of utensils, shall be equipped with two-compartment stationary wash and rinse vats, except that in the case of retail raw milk, if chlorine is employed as the principal bactericidal treatment, the three-compartment type must be used, and shall be partitioned to separate the handling of milk and the storage of cleansed utensils from the cleaning and other operations, which shall be so located and conducted as to prevent any contamination of the milk or of cleaned equipment. 

Item 9r. Milk House or Room--Cleanliness and Flies. The floors, walls, ceiling, and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. 

Item 10r. Toilet. Every dairy farm shall be provided with one or more sanitary toilets conveniently located, and properly constructed, operated and maintained so that the waste is inaccessible to flies, and does not pollute the surface soil or contaminate any water supply. 

Item 11r. Water Supply. The water supply for the milk room and dairy barn shall be properly located, constructed, and operated and shall be easily accessible, adequate, and of a safe, sanitary quality. 

Item 12r. Utensils--Construction. All containers or other utensils used in the handling, storage, or transportation of milk or milk products must be made of nonabsorbent material and of such construction as to be easily cleaned, and must be in good repair. Joints and seams shall be soldered flush. Woven wire cloth shall not be used for straining milk. All milk pails shall be of a small-mouth design approved by the health officer. 

Item 13r. Utensils--Cleaning. All containers, equipment, and other utensils used in the handling, storage, or transportation of milk and milk products must be thoroughly cleaned after each usage. 

Item 14r. Utensils--Bactericidal Treatment. All containers, equipment, and other utensils used in the handling, storage, or transportation of milk or milk products shall between each usage be subjected to an approved bactericidal process with steam, hot water, or chlorine. 

Item 15r. Utensils--Storage. All containers and other milk 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. 

Item 16r. Utensils--Handling. After bactericidal treatment no container or other milk or milk product utensil shall be handled in such manner as to permit any part of any person or his clothing to come in contact with any surface with which milk or milk products come in contact. 

Item 17r. Milking.--Udders and Teats--Abnormal Milk. The udders and teats of all milking cows shall be clean at the time of milking. Abnormal milk shall be so handled and disposed of as to preclude the infection of the cows and the contamination of the milk utensils. 

Item 18r. Milking--Flanks. The flanks, bellies, and tails of all milking cows shall be free from visible dirt at the time of milking. 

Item 19r. Milkers' Hands. Milkers' hands shall be clean, rinsed with a bactericidal solution, and dried with a clean towel, immediately before milking and following any interruption in the milking operation. Wet-hand milking is prohibited. Convenient facilities shall be provided for the washing of milkers' hands. 

Item 20r. Milkers--Clean Clothing. Milkers and milk handlers shall wear clean outer garments while milking or handling milk, milk products, containers, utensils, or equipment. 

Item 21r. Milk Stools. Milk stools shall be made of metal or other impervious material and shall be kept clean. 

Item 22r. Removal of Milk. Each pail of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the dairy barn. 

Item 23r. Cooling. Milk must be cooled immediately after completion of milking to fifty degrees Fahrenheit or less, and maintained at that average temperature, as defined in Section 8.24.010(2) until delivery. If milk is delivered to a milk plant or receiving station for pasteurization or separation, it must be delivered with two hours after completion of milking or cooled to fifty degrees Fahrenheit or less and maintained at that average temperature until delivered. 

Item 24r. Bottling and Capping. Milk and milk products shall be bottled from a container with a readily cleanable valve, or by means of an approved bottling machine. Bottles shall be capped by machine. The bottler and capper shall be cleaned and subjected to bactericidal treatment before each usage. Caps shall be purchased in sanitary containers and kept therein in a clean dry place until used. 

Item 25r. Personnel--Health. Every person connected with a retail raw dairy whose work brings him in contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment shall furnish such information, permit such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. 

The health officer, or a physician authorized by him, shall in each such instance take a careful history and if such history suggest that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or if any other communicable disease likely to be transmitted through milk, he shall secure appropriate specimens of bodily discharges and cause them to be examined in a laboratory approved by him or by the state health authorities for such examinations. 

Item 26r. Miscellaneous. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect the milk or milk products from the sun and from contamination. Such vehicles shall be kept clean, and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the names of the distributor prominently displayed. 

The immediate surrounding of the dairy shall be kept in a neat and clean condition.

 	(3)	Grade B Raw Milk.  Grade B raw milk is milk the average bacterial plate count of which at not time prior to delivery exceeds two hundred thousand per cubic centimeter, or the average direct microscopic count of which does not exceed two hundred thousand per cubic centimeter if clumps are counted, or eight hundred thousand per cubic centimeter if individual organisms are counted, or the average reduction time of which is not less than six hours, as determined under Section 8.24.010(2), and which is produced upon dairy farms conforming with all items of sanitation required for grade A raw milk except as follows: Under item 4r tight wooden floors and gutters shall be permitted in place of concrete; under item 8r the piping of water into the milk house, the partitioning of processes, and the provision of stationary and three-compartment wash and rinse vats shall not be required; item 23r the temperature requirement of retail raw milk shall be sixty degrees Fahrenheit and of milk for pasteurization or separation seventy degrees Fahrenheit; item 25r shall not be required; item 26r shall not be interpreted to mean "permanently" covered vehicles; provided that all items or parts of items relating to cleanliness shall be required.

 	(4)	Grade C Raw Milk. Grade C raw milk is milk the average bacterial place count of which at no time prior to delivery exceeds one million per cubic centimeter, or the average direct microscopic count of which does not exceed one million per cubic centimeter if clumps are counted or four million per cubic centimeter if individual organisms are counted, or the average reduction time of which is not less than three and one-half hours as determined under Section 8.24.010(2), and which is produced upon diary farms conforming with all items of sanitation required for grade B raw milk except 7r, 12r, 20r, 21r, 22r, 23r, 24r, and 26r; provided that under item 4r properly constructed clay-mixture floors shall be permitted, and that under item 5r painting or white-washing and tight ceilings and feed rooms shall not be required.

 	(5)	Grade A Raw Milk. Grade D raw milk is milk which does not meet the requirements of grade C raw milk, and which shall be plainly labeled "cooking only."

 	(6)	Grade A Pasteurized Milk. Grade A pasteurized milk is grade A or grade B raw milk which has been pasteurized, cooled, and bottled in a milk plant conforming with all the following items of sanitation and the average bactericidal plate count of which at no time after pasteurization and until delivery exceeds thirty thousand per cubic centimeter, as determined under Section 8.24.010. 

Item 1p. Floors. The floors of all rooms in which milk or milk products are handled or stored shall be constructed of concrete or other equally impervious and easily cleaned material and shall be smooth, properly drained, provided with trapped drains, and kept clean. 

Item 2p. Walls and Ceilings. Walls and ceilings of rooms in which milk or milk products are handled or stored shall have a smooth, washable, light-colored surface and shall be kept clean. 

Item 3p. Doors and Windows. Unless other effective means are provided to prevent the access of flies, all openings into the outer air shall be effectively screened and doors shall be self-closing. 

Item 4p. Lighting and Ventilation. All rooms shall be well lighted and ventilated. 

Item 5p. Miscellaneous Protection from Contamination. The various milk-plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equipment. All means necessary for the elimination of flies shall be used. This requirement shall be interpreted to include separate rooms for (1) the pasteurizing processing, cooling, and bottling operations; (2) the washing and bactericidal treatment of containers and equipment. Cans of raw milk shall not be unloaded directly into the pasteurizing rooms. Pasteurized milk or milk products shall not be permitted to come in contact, unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment. Rooms in which milk, milk products, cleaned utensils, or containers are handled or stored shall not open directly into any stable or living quarters. 

Item 6p. Toilet Facilities. Every milk plan shall be provided with toilet facilities conforming with the ordinances of the city. Toilet rooms shall not open directly into any room in which milk, milk products, equipment, or containers 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 operated in conformity with the requirements of item 10r, grade A raw milk. 

Item 7p. Water Supply. The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. 

Item 8p. Handwashing Facilities. Convenient handwashing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. 

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

Item 10p. Construction and Repair of Equipment. All containers and equipment with which milk or milk products come in contact shall be constructed in such manner as to be easily cleaned, and shall be kept in good repair. 

Item 11p. Disposal of Wastes. All wastes shall be properly disposed of. 

Item 12p. Cleaning and Bactericidal Treatment of Containers and Apparatus. All milk and milk products containers and apparatus shall be thoroughly cleaned after each usage and subjected immediately before each usage to an approved bactericidal process. When empty and before being returned to a producer by a milk plant each container shall he effectively cleaned and subjected to bactericidal treatment. 

Item 13p. Storage of Containers. After bactericidal treatment all bottles, cans, and other milk or milk products containers shall be stored in such manner as to be protected from contamination. 

Item 14p. Handling of Containers and Apparatus. Between bactericidal treatment and usage and during usage containers and apparatus shall not be handled or operated in such manner as to permit contamination of the milk. 

Item 15p. Storage of Caps and Parchment Paper. Milk bottle caps and parchment paper for milk cans shall be purchased and stored only in sanitary tubes and cartons, respectively, and shall be kept therein in a clean dry place until used. 

Item 16p. Pasteurization. Pasteurization shall be performed as described in Section 8.24.010(16) of this chapter. The time and temperature record charts shall be dated and preserved for a period of three months for the information of the health officer. 

Item 17p. Cooling. All milk and cream received for pasteurization but not pasteurized within two hours after it is received at the plant shall within two hours of receipt be cooled to a temperature of fifty degrees Fahrenheit or less and maintained thereat until pasteurized, except during separation; and all pasteurized milk and milk products shall be immediately cooled to an average temperature of fifty degrees Fahrenheit or less, as defined in Section 8.24.010(2), and maintained thereat until delivery. 

Item 18p. Bottling. Bottling of milk and milk products shall be done at the place of pasteurization in approved mechanical equipment. 

Item 19p. Overflow Milk. Overflow milk or milk products shall not be sold for human consumption. 

Item 20p. Capping. Capping of milk and milk products shall be done by approved mechanical equipment. Hand capping is prohibited. 

Item 21p. Personnel Health. Every person connected with a pasteurization plant whose work brings him in contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment shall furnish such information, permit such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection. 

The health officer, or a physician authorized by him, shall in each such instance take a careful history and if such history suggests that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or of any other communicable disease likely to be transmitted through milk or milk products, he shall secure appropriate specimens of bodily discharges and cause them to be examined in a laboratory approved by him or by the state health authorities for such examinations. 

Item 22p. Personnel--Cleanliness. All persons coming in contact with milk, milk products, containers, or equipment shall wear clean outer garments and shall keep their hands clean at all times while thus engaged. 

Item 23p. Miscellaneous. All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect the milk or milk products from the sun and from contamination. Such vehicles shall be kept clean, and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed. 

The immediate surrounding of the milk plant shall be kept in a neat, clean condition.

 	(7)	Grade B Pasteurized Milk. Grade B pasteurized milk is grade C raw milk which had been pasteurized, cooled, and bottled in a milk plant conforming with all the requirements for grade A pasteurized milk, and the average bactericidal plate count of which at no time after pasteurization and before delivery exceeds fifty thousand per cubic centimeter, as determined under Section 8.24.010(2).

 	(8)	Grade C Pasteurized Milk. Grade C pasteurized milk is pasteurized milk which does not meet the requirements of grade B pasteurized milk, and which shall be plainly labeled "cooking only." 
(Ord. 857 § 7)

8.24.090 Grades of milk and milk products which may be sold. 

No milk or milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments, except grads A and B pasteurized. This section shall not be construed as forbidding the sale of lower grades of pasteurized milk and pasteurized milk products during temporary periods of degrading not exceeding thirty consecutive days, or in emergencies, such longer period as the health officer may deem necessary. 
(Ord. 913 § 2)

8.24.100 Supplemental grading and regrading.

	(a) 	If, at any time between the regular announcements of the grades of milk or milk products, as the result of the findings of two consecutive inspections of any dairy or milk plant, or because the average bacterial plate count, the average direct microscopic count, the average reduction time, or the average cooling temperature exceeds the limit fixed for the grade currently held by the milk supply in question, a lower grade currently held by the milk supply in question, a lower grade shall become justified in accordance with Section 8.24.090 of this chapter, the health officer shall immediately lower the grade of such milk or milk product, and shall enforce proper labeling and placarding thereof.

	(b) 	Any producer or distributor of milk or milk products, the grade of which has been lowered by the health officer, and who is properly labeling his milk and/or milk products, may at any time make application for the regrading of his product.

	(c) 	Upon receipt of a satisfactory application, in case the lowered grade is the result of an excessive average bacterial plate count, direct microscopic count, reduction time, or cooling temperature, the health officer shall take further samples of the applicant's output, at a rate of not more than two samples per week. The health officer shall immediately regrade the milk or milk products upward whenever the average of the last four sample results indicates the necessary quality.

	(d) 	In case the lowered grade of the applicant's product is due to a violation of an item of the specifications prescribed in Section 8.24.080, other than average bacterial plate count, direct microscopic count, reduction time, or cooling temperature, the application must be accompanied by a statement signed by the applicant to the effect that the violated item of the specifications has been conformed with. Within one week of the receipt of such an application and statement the health officer shall make a reinspection of the applicant's establishment, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and, in case the findings justify, shall regrade the milk or milk products upward. 
(Ord. 857 § 9).

8.24.110 Transferring or dipping milk--Delivery containers--Handling more than one grade--Delivery of milk at quarantined residences.

	(a) 	No milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store or in any place except a bottling or milk room especially used for that purpose. The sale of dill milk is hereby prohibited.

	(b) 	All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumption in the raw state shall be placed in their final delivery containers at the farm at which they are produced. Milk and milk products sold in the distributor's containers in quantities less than one gallon shall be delivered in standard milk bottles. It is unlawful for hotels, soda fountains, restaurants, groceries, and similar establishments to sell or serve any milk or milk product except in the original container in which it was received from the distributor or from a bulk container equipped with an approved dispensing device; provided that this requirement shall not apply to cream consumed on the premises which may be served from the original bottle or from a dispenser approved for such service.

	(c) 	No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has first been thoroughly cleaned and subjected to bactericidal treatment.

	(d) 	Bottled milk or milk products, if stored in water, shall be so stored that the tops of the bottle will not be submerged.

	(e) 	It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment, and utensils used in handling, storage, processing, or transporting of milk or milk products shall not be used for any other purpose without the permission of the health officer.

	(f) 	The delivery of milk or milk products to and the collection of milk or milk products containers from quarantined residences shall be subject to the special requirements of the health officer. 
(Ord. 857 § 10).

8.24.120 Milk from points beyond city inspection limits--Grading provisions to be same. 

Milk and milk products from points beyond the limits of inspection of the city, may not be sold in the city, or its police jurisdiction, unless produced and/or pasteurized under grading provisions identical with those of this chapter; provided that the health officer shall satisfy himself that the health officer having jurisdiction over the production and processing is properly enforcing such provisions. 
(Ord. 857 § 11).

8.24.130 Notification of disease. 

Notice shall be sent to the health officers immediately by any producer or distributor of milk or milk products upon whose dairy farm or in whose dairy plant any infectious, contagious, or communicable disease occurs. 
(Ord. 857 § 12).

8.24.140 Future dairies and milk plants to conform. 

All dairies and milk plants from which milk or milk products are supplied to the city, which are hereafter constructed, reconstructed, or extensively altered shall conform in their construction to the grade A requirements of this chapter. 
(Ord. 857 § 13).

8.24.150 Procedure when infection suspected. 

When suspicion arises as to the possibility of transmission of infection from any person concerned with the handling of milk or milk products the health officer is authorized to require any or all of the following measures:

 	(1)	The immediate exclusion of that person from milk handling;

 	(2)	The immediate exclusion of the milk supply concerned from distribution and use;

 	(3)	Adequate medical and bacteriological examination of the person, of his associates, and of his and their bodily discharges. 
(Ord. 857 § 14).

8.24.160 Enforcement and interpretation. 

The provisions of this chapter shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1936 edition of the United States Public Health Service Milk Code. 
(Ord. 857 § 15).

  Chapter 8.28

DISEASED TREES AND DEAD WOOD 

Sections:
8.28.010 Purpose.
8.28.020 Nuisance declared.
8.28.030 Removal by owner.
8.28.040 Abatement notice,
8.28.050 Abatement by council--Costs assessed.
8.28.060 Record of abatement cost--Debt owed to city.

8.28.010 Purpose. 

The purpose of the ordinance codified in this chapter is to provide for the removal and abatement of diseased trees and dead wood within the city of Fort Dodge, prescribe penalties for the violation of this chapter and to repeal ordinances in conflict therewith. 
(Ord. 1604 § 1, 1982).

8.28.020 Nuisance declared. 

In accordance with the authority granted under Section 364.12 (3)(b) of the Code of Iowa, diseased trees and dead wood are declared to be a public nuisance. 
(Ord. 1604 § 2, 1982).

8.28.030 Removal by owner. 

Any owner, occupant or person in charge of any property shall remove at his own expense any diseased tree or dead wood found thereon when so notified by the city forester. 
(Ord. 1604 § 3, 1982).

8.28.040 Abatement notice. 

Such owner, occupant or person in charge of any property shall be given written notice by the city forester to remove the diseased tree or dead wood within ten days from the date of the service of the written notice upon them by the city forester. 
(Ord. 1604 § 4, 1982).

8.28.050 Abatement by council--Costs assessed. 

If such owner, occupant or person in charge of the property fails to comply with the notice within ten days following service by the city forester, the city council may cause the same to be removed or abated and the costs thereof assessed against the property pursuant to Section 364.12 (3)(h) of the Code of Iowa. 
(Ord. 1604 § 5, 1982).

8.28.060 Record of abatement cost--Debt owed to city. 

The authorized person or company removing or abating the nuisance shall keep an actual account of the expenses incurred for such removal and file a verified statement fully itemized as to the cost with the city clerk. The city pays the cost of removal and abatement and the amount of same shall be a debt due the city from the owner of the lot causing or maintaining the nuisance and shall be collected pursuant to Section 364.12 (3)(h) of the Code of Iowa. 
(Ord. 1604 § 6, 1982).

  Chapter 8.32

YARD WASTE 

Sections:
8.32.010 Purpose.
8.32.020 Definitions.
8.32.030 Separation of yard waste required.
8.32.040 Storage and disposal of yard waste.
8.32.050 Weight limitation.
8.32.060 Collection--City responsibility.
8.32.070 Collection fees.

8.32.010 Purpose. 

The purpose of this chapter is to require the separation of yard waste and to establish procedures for the storage and disposal of yard waste and establish the time when yard waste may be placed at curbside or alleys for collection, and to establish penalties for the violation thereof. 
(Ord. 1778 § 1, 1990).

8.32.020 Definitions. 

For the purpose of this chapter, the following terms shall be deemed to have the following meanings: 

"City" means the city of Fort Dodge, Iowa. 

"Collection" means the removal and transportation of yard waste from its place of storage to its place of processing and disposal. 

"Disposable yard waste container" means a kraft paper bag specifically made for yard waste disposal, and to be used one time only. In no instance shall these bags exceed a capacity of thirty gallons. 

"Hazardous waste" means solid waste materials including, but not limited to, pesticides, pesticide containers, toxic or radioactive materials, hot ashes, or liquids. 

"Solid waste" means unwanted or discarded garbage or rubbish. 

"Yard waste" means leaves and lawn clippings and tree and shrubbery branches of less than six inches in diameter and four feet in length, securely tied in bundles not larger than forty-eight inches long and eighteen inches in diameter, when not placed in disposable yard waste containers. Yard waste does not include tree stumps, or any fruit that falls from the trees. 

"Yard waste sticker" means a city-approved self adhesive sticker identifying the waste as yard waste. 
(Ord. 1778 § 2, 1990).

8.32.030 Separation of yard waste required. 

All yard wastes shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises. Yard waste can be composted on the premises or placed in disposable yard waste containers or securely tied in bundles and set out for collection by the city or be disposed of through private haulers. 
(Ord. 1778 § 13, 1990).

8.32.040 Storage and disposal of yard waste. 

All yard waste shall be composted on the premises or stored in disposable yard waste containers or bundles as herein defined. All disposable yard waste containers and bundles shall be placed out of doors for pickup. Each container or bundle must have an approved yard waste sticker affixed to it. Where alleys are utilized, such disposable yard waste containers or bundle shall be placed as close to the alley as possible for convenience of the collector. Where alleys are not utilized, disposable yard waste containers or bundles shall be placed on the parking, in front of the premises, along the street at or before six a.m., on days when collections are made but no earlier than five p.m. the day preceding. 
(Ord. 1778 § 4, 1990).

8.32.050 Weight limitation. 

A single disposable yard waste container or bundle shall not exceed fifty pounds. 
(Ord. 1778 § 5, 1990).

8.32.060 Collection--City responsibility. 

The city shall provide for the collection of yard waste once each week. Yard waste will be collected on the second day of collection of all other solid waste. Yard waste will be collected only if it is set out in approved disposable yard waste containers or bundles that have affixed to them a city approved yard waste sticker. 
(Ord. 1778 § 6, 1990).

8.32.070 Collection fees. 

Effective upon passage of the ordinance codified in this chapter, a fee in the amount of seventy-five cents will be charged for each yard waste sticker. The fee herein provided shall be for the collection of yard waste by the sanitation department of the city. All fees collected through the sale of these stickers shall be kept in a separate account by the city treasurer, and shall be deposited and accounted for as may from time to time be directed by the city treasurer and the city clerk. 
(Ord. 1992 § 2, 2002; Ord. 1778 § 7, 1990).

  Chapter 8.36

DISPOSAL OF YARD WASTE UPON STREET 

Sections:
8.36.010 Purpose.
8.36.020 Definitions.
8.36.030 Disposal of yard waste upon street unlawful.

8.36.010 Purpose. 

The purpose of this chapter is to specifically prohibit the disposal of yard waste materials from private property or the public right-of-way abutting said private property upon the traveled portion of the street and establishing penalties for the violation thereof. 
(Ord. 1816 § 1, 1992).

8.36.020 Definitions. 

For the purposes of this chapter the following terms shall have the following meanings: 

"City" means the city of Fort Dodge, Webster County, Iowa. 

"Traveled portion of the street" means the hard surface between the two curbs or shoulders. 

"Yard waste" means leaves and lawn clippings and tree and shrubbery branches. 
(Ord. 1816 § 2, 1992).

8.36.030 Disposal of yard waste upon street unlawful. 

It is unlawful for any person to dispose of or have disposed of any yard waste materials upon the traveled portion of the street. 
(Ord. 1816 § 3, 1992).

  Chapter 8.38

OPEN BURNING OF WASTE  

Sections:
8.38.010 Purpose.
8.38.020 Open burning of solid waste and/or yard waste.

8.38.010 Purpose. 

The purpose of this chapter is to prohibit the outdoor and open burning of "solid waste" and "yard waste" within the city of Fort Dodge. 
(Ord. No. 2122, § I, 5-10-10)

8.38.020 Open burning of solid waste and/or yard waste. 

No person, firm or corporation shall burn in the "open" and / or "outdoors" any "solid waste" or "yard waste" as defined by Ord. 1948 § 2, Ord. 1772 § 2, Section 8.16.010 of this code; or construction/demolition waste; except:

 	(1)	DNR/EPA certified incinerator complying with all applicable laws, ordinances and codes.

 	(2)	Cut firewood when used for recreational cooking, heating, and recreational purposes and contained in an outdoor fireplace or pit with a fuel area of three feet or less in diameter and two feet or less in height; designed, built, and marketed specifically for outdoor burning in accordance with all codes, laws, and ordinances applicable thereto.

 	(3)	State and Fort Dodge Fire Department approved training fires.

 	(4)	Other exceptions approved by the fire department chief by permit. 
(Ord. No. 2122, § II, 5-10-10)