The Birmingham age-herald., 1921-07-28
Ordinance No. 763-C An Ordinance to Amend Section 6 If 0rdinance No. 687-C

Be It Ordained, by the Commission of the City of Birmingham. as fol- lows:
 Section 1. That Section 6 of Or dinance No. 6S7-C, entitled, An Or dinance to Protect the Public Health by Regulating the Manner of Hand ling Foods and Drinks Intended for Human Consumption,'' be amended so as to read as follows:
 Section 5. (a) The Health Off, ficer or his duly authorized repre- sentative is hereby authorized to seize all foods, milk and it's prod ucts, vegetables. fruits, drinks, li- ouids and beverages when not kept stored, refrigerated, sold. offered for sale, served or disposed of In ac- cordance with the provisions of this ordinance, and to give immediate mo- tice in writing to the owner or per- son In possession of such article so seized that the same has been seized.
 "(b) Thereupon, the Health Off cer Or his duly authorized represent ative. as the case may be, shall i'm mediately report to the Recorders Court Information, petition or affi- davit, giving the name of the owner of such article or articles, If known, and if unknown, the name of the per- son or persons in possession there of stating in what particular or par, ticulars such article or articles are not in compliance with the provisions of this ordinance, or with other laws and ordinances of the City of Bir- mingham regulating sucH articles. and ask that such articles be con demned as unfit for human consump- tion.
 "(c) Thereupon, the Recorder shall make an order setting the cause for hearing and ordering notice thereof in writing to be given to the owner of the article so seized, or. where tls. owner Is unknown, to the person in possession which notice shall be given by personal service on such owner or person in possession of such article. as the case may be, not less than one day prior to the hearing.
 "(d) If, upon such hearing, it shall appear that such article or articles have not been kept, stored, refriger- ated sold, offered for sale. served or disposed of in accordance with the terms and provisions of this ordi- nance, or of other laws and ordi- nances of the City of Birmingham relating thereto, the .Recorder shall enter an order condemning said ar ticle or articles as unfit for human consumption, and shall order the Health Officer or his duly authorized epresentatiye to denature or destroy the same, or make such other orders as will prevent such article or ar ticles from being used as food for human beings.
 '(e) From such order or judg- ment the owner or person in pos session, as the case may be, shall have the right of appeal to the Cir cult Court of the Tenth Judicial Cir cult of Alabama, in Jefferson County, Alabama, within the same time ana under the same rules and regulations as goven other appeals from the Recorders Court. s~~
 "(f) Should the Recorder, after hearing, determine that such article or articles have been kept, stored. refrigerated, sold. offered for sale. 1 served or disposed of in accordance with the terms and provisions of this ordinance. then he shall make an or der restoring such article or arti-
 cles to the owner or person in pos- session thereof. as the case may be. "(g) This ordinance shall not af- l feet in any manner Section 9s3 of the | City Code of 1917. as amended by l Ordinance No. s60-C, or Section HOO
 of the City Code of 1sl7"
 Il Approved July 19. 1921.
 J. R. HORNADY, President Pro Tenn. Of the Commission ! A true copy.
 Il H. s. RYALL. City Clerk. J Age Herald. July 2s. 192L V