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ORDIlUNCE NO. _.I.:i.ti._
AN ORDINANCE (Jlo' THE CITY OF SAN BERNARDINO PROVIDING
~'OR THE MAH1TEtlANCE OF A MILK INSPECTION SERVICE AND LABORATORY
PURSUANT TO THE PROVISIONS OF THE "PURE MILK LAW OF CALIFORNIA"
MID REPEALING AN ORDINANCE OF THE CITY OF SAN BERNARDIllO
ENTITLED "M, ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING
FOR THE MAIllTENANCE OF A MILK INSPECT I ON SERVICE AND LABORATORY
PURSUANT TO THE 'PURE MILK LAW OF CALIFORNIA": ADOPTED JULY 15,
1929. AND APPROVED JULY 16, 1929.
The Mayor and Common COID1Cil of the City of San
Bernardino do ordain as follows:
SECTION ONE: That a Milk Inspection Service and
Laboratory is hereby provided within and for the City of San
Bernardino.
SECTION TWO: That said Milk Inspection Service and
Laboratory shall be maintained in connection with the Board of
Health of the City of San Bernardino, and pursuant ~o the
proviSions of an act of the ~egislature of the State of
California , enti tled "Pure Milk Law of California", and all
acts amendatory thereof and supplementary thereto.
~ SECTlffi, THREE: That the Office of Milk Inspector of
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the City of San Bernardino is hereby created, and that such
Milk Inspector shall conduct such Milk Inspection Service and
constitute the enforcement officer thereof and of this ordinance
that the salary of the Milk Inspector shatt be $2100.00 per
annum, payable in equal monthly instaL~ment8; that the Milk
Inspector in addition to such salary, shall reoeive $600.00
per aDnum, payable in equal monthly installments, in payment
of automobile hire in oonnection with the discharge of his
duties as such; that no person shall be appointed as Milk
Inspector who shall not have been certified to said Mayor and
Common Council by the Department of Agriculture of the State of
California as possessed of the qualifications neoessary to
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secure the approval of said department permitting and authoriz-
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ing him, as such Milk Inspector, to grade market milk as pro-
vided by said Act; that the Milk Inspector shall be appointed
by the Mayor, subject to the confirmation of the Common Council,
and shall hold office during the pleasure of the Mayor.
SECTIill{ FOUR: That the Milk Inspector shall inspect
all milk and cream produced within, or brought into, the City
of San Bernardino, for distribution or sale within said City.
for the purpose of determining whether such milk complies with
all of the provisions of said Act, and whether such milk has
been graded or labeled as provided therein or herein provided;
upon securing the approval in writin~ of the Department of
Agriculture of the State of California, and pursuant to the
direction of the Mayor and Common Council of said City, he shall
grade market milk produced within, or brought into, said City
as aforesaid, as provided in and by said Act; he shall carry
out and enforce the provisions of said Act and this ordinance.
and for such purpose is hereby created a Peace Officer within
and for the City of San Bernardino; and he shall render and
perform such other duties and services as shall be requested
by said Mayor and Common Council, or the Board of Health, or
the Health Officer, of said City.
SECTION FIVE: That it shall be unlawful for any per-
son. firm or corporation to produce within, or bring into, said
City of San Bernardino any milk referred to in said Act.
including the milk of cows and cream therefrom, for distribution
or sale within said City without first having paid the license
tax and obtained a permit so to do, as herein provided.
SECTION SIX: That the term "milk" as used in this
ordinance shall be as defined in an act of the Legislature of
the State of California, entitled "General Dairy Law of
California" except that it shall contain not less than three
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"and five-tenths per cent of milk fat.
Market milk or cream is
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milk or oream whioh is supplied to the consumer in the natural
fluid state, or prepared for human consumption without being
converted into any other form or produot, as distinguished from
manufactured milk or cream.
SECTION SEVEN: That it shall be unlawful for any
person, firm or corporation or agent or employee of any person,
firm or corporation to sell. offer for sale, exchange or deliver
distribute, or have in their possession for sale or distribution
in the City of San Bernardino, any milk or cream for human con-
sumption as milk or cream, unless it oonforms to the standards
of grading and to the re~uirements for the production of milk
and oream as established by an act of t he Legislature of the
State of Cal ifornia, enti tIed "The Pure Milk Law 0 l' the State of
California" and all acts amendatory thereof and supplementary
thereto, except as otherwise provided in this ordinance.
SECTION EHlHT: That the Health Officer of the City
of San Bernardino, or his duly authorized repr~sentative, may
at any time inspect and examine cows or cattle, and places
where they are kept and all places where milk is stored or
handled. All owners or employees having the use or control of
cows shall render all reasonable assistance to said Health
Officer, or his duly authorized representative, in making any
inspeotion, test or examination, and it shall be unlawful for
any person, firm or corporation to fail or refuse to permit
such examination or inspection or to render said assistance.
Such officer shall be furnished with samples of milk or dairy
products in proper quantity on demand for the purpose of making
the necessary examinations and tests of the same.
SECTION NINE: No person, firm or oorporation shall
establish, maintain or operate, in the City of San Bernardino,
a dairy where more than two cows or goats are milked, or
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establish, maintain or operate a creamery or milk plant, or sell
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or distribute milk or cream without having first applied for
and received a permit in writing therefor from the City Clerk,
as is hereinafter provided.
SECTIon TEN: It shall be the duty of the City Clerk
of the City of San i3ernardino to issue permits to any person,
firm or corporation to engage in any of said businesses or
occupations above enumerated in the City of San Bernardino
when such business or occupation is conducted or carried on
in conformity with the provisions of the acts o~ the Legisla-
ture of the State of California, known as the "General Dairy
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Law" and the "Pure Milk Law", and in conformity with provisions
of the ordinances of the City of,~an Bernardino applicable
if
thereto, provided, however, that/any persdn, firm or corporation
is already engaged in such business, the City Clerk of the
City of San Bernardino may require before issuing any suoh
permit, that such person, firm or corporation file with the
City Clerk of the City of San Bernardino a oertificate duly
issued by an inspector or other official an approved milk
inspection servioe certifying that said business or occupation
is being conducted in conformity with the provisions of this
ordinance.
SECTION ELEVEN: The Health Officer shall have, and
he is hereby given, the power and authority to revoke any Such
permit at his discretion upon proof to the satisfaction of
said Health Officer of any violation by the holder of any such
of the Stat~ of California of said citl
perml~ of any law/or oralnance/regulating ~airies, creameries,
milk depots, milk plants or any vehicle used in the delivery,
sale or distribution of milk, and any person who operates or
conducts any such business or occupation, or sells or offers
for sale in or from any such establishment, milk or cream, or
conducts or oarries on the business of a dairy, milk plant,
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creamery or milk depot in said City of San Bernardino during
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the time when his permit shall have been suspended or revoked
shall be deemed guilty of a violation of the provisions hereof.
Provided, however, that no suoh permit shall be revoked until
a hearing shall have been held by said Healt~ Offioer in the
matter of the revooation of suoh permit, at whioh hearing suoh
permittee may be present. Notice ot suoh hearing shall be
given by such Health Officer in writing and served upon the
holder of suoh permit not less than five (5) days prior to the
date of suoh hearing, which notioe shall state the ground of
oomplaint against such permittee, or against suoh business or
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vehiole and shall also state the time when, and the plaoe where.
suoh hearing will be had. When deemed neoessary for the
preservation of public health, the Health Officer is empowered
to temporarily suspend the sale of milk or other dairy produots
immediately when suoh an emergency arises, without the necessity
of holding a hearing. Should the holder of any suoh permit
change the looation of his plaoe of business. or lease. sell or
otherwise dispose of such business, or oease for a period of
thirty (30) days to oarry on such business, suoh permit shall
become invalid. Every permit shall be kept posted at all times
in a conspicuous place in such establishment or vehiole for
whioh the same was issued.
SECTION TWELVE; The Health Officer may. at his
disoretion. accept inspections covering tuberculin test of dairy
cattle or goats. physical examinations of.dairyoattle or goats.
laboratory examinations of milk and cream. sanitary inspeotions
of dairies, milk plants. creameries or milk depots, when made or
oonducted by a State, County or City official, or inspeotor of
an A.pproved Milk Inspection Department, ~f such animals, products
and plaoes that may be situated in or whose produots are sold in
another approved inspeotion area. In such oases, an inter-
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exchange of inspeotion and reports shall be required.
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SECTION THIRTEEN: Every dairy producing milk for
sale and distribution in the City of San Bernardino shall be
deemed sanitary within the meaning of this Ordinance when the
following conditions have been complied with:
1. Every dairy shall be provided with a con-
veniently located milk house of two or more rooms, free from
contaminating surroundings and properly screened to exclude
flies and other insects; said rooms shall be provided with
concrete floors, and the lower three feet of the side walls of
said rooms shall be of concrete construction or other non-
absorbent material; such milk house shall have adequate light
and ventilation, and all doors therein shall be self-closing,
and the walls and ceilings thereof shall be of smooth, hard
finish material, free from ledges, and shall be kept in a clean
and sanitary condition at all times; the floors in said milk
house shall be properly graded and drained so that no accumula-
tion of water or other liquid material shall accumulate in or
around said milk house in such a way as to be a source of
contamination in any way; the milk room shall be used only for
cooling, bottling, processing or storing of milk or milk
products and shall be used for no other purpose; a separate
room shall be provided, suitably constructed and equipped for
the washing, cleaning and storage of all dairy utensils and
bottles.
2. The milking stables shall be so constructed
as to facilitate the prompt and easy removal of waste products;
the floors, mangers and platforms shall be constructed of con-
crete or other non-absorbent material, properly graded and
drained so that no accumulation of water or any offensive sub-
stances will accumulate 'n or around or in close proximity to
said stables so as to be a possible source of contamination or
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nuisance; the stantions shall be so constructed that they can
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be readily cleaned.
3. The storage of food, feeding and feeding
conditions must be so arranged as to prevent the entrance of
dirt or any extraneous substances into the milk produced.
4. Adequate, convenient and sanitary flush
toilets or privies, properly constructed, properly located,
fly-proofed, shall be provided for all the employees and shall
be maintained at all times in a sanitary condition.
5. All sewage and other waste material on the
dairy premises shall be so disposed of that it will not con-
taminate any water supply used for domestic or dairy purposes.
6. The water supply used in the dairy shall be
sufficiently abundant for all purposes and shall be clean,
easy of access, and free from contamination, as measured by
the standards of the Treasury Department of the Government of
the United States. The location of any wells shall be not less
then one hundred feet from any privy vault, cesspool or other
sewage disposal point. Said wells shall not be located in any
corral or other place that will subject them to any potential
contamination. The well pipe lines and storage tanks must be
properly constructed and maintained in a sanitary condition.
7. Manure must be handled and stored in such a
manner as to preclude cattle from wading through the same in
passage to and from stables and to the water troughs and feed
racks. The corrals shall be properly drained and kept in a
clean and sanitary condition at all times. Manure and other
refuse matter shall be removed from the premises at least every
seven days or stored in such a manner as to prevent the breeding
of flies therein and will not be a source of contamination or
nuisance in any way.
SECTION FOURTEEN: Hooded milking pails with s.all
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openings shall be used exclusively. All milking utensils shall
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be flush-soldered and tinned or constructed with non-corroding
material. No rusty or badly dented cans or other utensils shall
be used in the production, storage, shipping or distribution of
milk. Milking stools shall be of such construction or design
that same can be kept clean at all times.
The Health Officer shall condemn any cans or other
utensils found by him to be in such condition that they cannot
by washing or repair be rendered clean and sanitary. When so
condemned, such can or utensil shall not be used again to con-
tain milk or cream for sale.
SECTION FIFTEEN: Grade "A" raw milk sold in the City'
of San Bernardino shall contain not more than 25,000 bacteria
per milliliter at time of delivery to the consumer.
Milk to be used as or for pasteurized Grade "A" milk
and to be sold in the City of San Bernardino shall contain not
more than 100,000 bacteria before pasteurization, and not more
than 15,000 bacteria per milliliter at the time of delivery to
the consumer, and shall be produced on dairies that score not
less than eighty per cent on the dairy farm score card adopted
by the Department of Agriculture of the State of California.
It shall be unlawful to standardize market milk with
milk or cream, or skim milk of a grade lower than that of milk
which is standardized.
SECTION SIXTEEN: All milk or cream offered or exposed
for sale, wholesale or retail, or offered or sold to any
pasteurization plant, to be sold or offered or exposed for sale
as market milk or cream, within the City of San Bernardino, shall
be produced from non-reacting, tuberculin tested cows or goats.
SECTION SEVENTEEN: Small individual glass containers
not to exceed one quart in capacity shall be required for
all market milk or skim milk used at fountains or other
places for the purpose of the sale of mixed drinks, pro-
vided, however. that this provision shall not be construed
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to prohibit the use of the entire contents of a bottle of
market milk or skim milk so used.
SECTION EIGHtEEN:
All cows or oattle from whioh
milk or cream is ~roduced shall have the hair clipped short on
the flanks, hind legs, tails and udders, at least twioe each
year to faoilitate cleaning, and shall be brushed and washed
free of all loose or visible dirt, manure or filth, immediately
before any such animal is milked.
Milkers shall wash their hands thoroughly before
milking, by hand or machine, and when necessary during milking
to maintain clean, dry hands, and immediately after visiting
toilet or lavatory. Application of lubricants or other sub-
stances to the hands, udders or teatse spall be considered wet
milking and is hereby prohibited.
No milk shall be transferred from milk pails to other
containers in the stable, and each pail of milk shall be
removed immediately after milking; to the milk room.
?SECTION KINETEEN: All market milk sold, or offered
for sale, in the raw state in the City of San Bernardino, must
be bottled on the ranch where produced. All producers of such
raw milk must secure a numbered or lettered permit from the
Health Officer. The cap on all milk bottled by the producer or
distributor must bear the permit number or letter of the dairy
producing suoh milk.
All pasteurized market milk sold or offered for sale
in the City of San Bernardino, shall bear on the cap, bottle, or
other container, a permit number or letter secured from the
Health Officer which shall identify definitely the plant in
which the milk is pasteurized.
All bottles returned to raw milk dairies or pas-
teurizing plants by distributor or other peraam must be washed
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and sterilized before again being used. If washed and sterilized
.
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by distributor at place other than premises where bottled, they
shall again be subjected to sterilizing process at the place o~
bottling be~ore ~illing.
All sterilizers shall be equipped with a Fahrenheit
Thermometer that will accurately reoord a sterilizing tempera-
ture as de~ined in an act o~ the Legislature o~ the State o~
California, known as the "General Dairy Law of the State of
California".
SECTION .TPlEHTY:: It shall be the duty of every
person, firm or corporation producing or dealing in market milk
exoept graded raw milk, as otherwise provided herein, to 0001
or reduoe the heatthereof to a temperature of not exoeeding
fifty (50) degrees Fahrenheit immediately a~ter the Bame is
milked, and to maintain suoh milk at or below sixty (60) degrees
Fahrenheit at all times prior to the delivery thereof to a
pasteurization plant or cooling station or until suoh milk is
subjeoted to the prooess of pasteurization.
All producers and handlers of market milk whioh ie
sold to oonsumers in the raw state shall 0001 suoh milk to a
temperature not exoeeding fi~ty (50) degrees Fahrenheit
immediately a~ter milking, and suoh milk ahall be 80 maintained
at such temperature until it reaches the ultimate consumer.
SECTION TWENTY...(IE:.It shall be unlaw~ul ~or any persOIl,
firm or corporation to sell, offer for sale, or have in
possession for sale, exohange or delivery for human oonsumption
any milk or cream in bottles unless suoh bottles shall have been
filled and oapped by meohanioal means. Hand oapping is prohibite .
SECTION T\VENTY-TWO: All persons who oome in oontaot
with any milk whioh is sold direotly or indireotly to the oon-
sumer must exeroise sorupulous oleanliness and must not be
af~lioted with any oommunioable disease liable to be oonveyed
by the milk. The absenoe of suoh germs and infeotions in all
,
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,
such persons may be determined by bacteriological and physical
examinations by the City Health Department or other Health
Department maintaining an approved Milk Inspection Service, or
by other person or laboratory approved by the Health Officer of
the City of San Bernardino, suoh examinations to be conducted at
the time of employment and every .ix (6) months thereafter in a
manner approved by the Health Officer.
Notioe shall be sent to the Health Officer immediately
by any milk producer or distributor or other person, upon whose
dairy, oreamery, milk plant or other place of business, any
infectious, contagious or communicable disease occurs.
No milk man or other person shall take away milk
bottles or other receptacles for milk from any building, house,
structure, tent or other place in which a contagious, infectious
or communicable disease exists or has existed, nor from any
plaoe within any quarantine district, nor at any time after such
quarantine has been removed, unless with the written permission
of the Health Officer, and only after such milk bottles or
receptacles have been disinfected and cleaned to the satisfao-
tion of such officer.
SECTION T~~TY-THBEE: Every person, firm or oorporation
who shall engage in the business of producing within, or selling
within said City of San Bernardino, any milk referred to in said
Act, including the milk of cows and cream therefrom, as herein
provided, shall pay to the City of San Ber~rdino, before
reoeivinga a permit so to do, a license tax equal to $7.50 ,a
quarter, plus twenty-five cents for eaoh one hundred gallons or
fraotion thereof in exoess of one thousand gallons, on all suoh
29 milk so produoed within, or brought into, or sold within said
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City of San
Bernardino during thf quarter next preceding the
therefor; provided,~owever, that no such milk is
within, or brought into, or sold within said City
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so produoed
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by such applicant during such quarter,such applic~nt shall pay
a license tax of ~7.50.
The quarterly license tax in this ordinance provided
for shall be due and payable to the City on the first days of
January, April, July and October, and all such licenses shall
expire on the last days of March, June, September and December
'of each year; but the first quarterly license tax issued to
ally person, firm or corporation, as herein provided, shall be
issued for the unexpired term of the current quarter.
The license tax herein provided for shall be in
lieu of all other taxes provided for by ordinances of the City
of San Bernardino; provided, however, that in the event any such
person holding any license pursuant to the provisions of this
ordinance shall also engage in the business of selling other
goods, wares or merchandise, or conducting any other business.
a separate license for such business shall be obtained pursuant
to the provisions of Ordinance No. 763 of the City of San
Bernardino, entitled "An Ord mance Providing for the Licensing
of business, Shows, Exhibitions and Games Conducted or ~arried
On in the City of San 3ernardino, l"ixing the !tate of License
Therefor and Providing for the Collection' ~hereof", adopted
March I, 1920 and approved March 2, 1920, and all ordinances
amendatory thereof.
SECTION TWENTY-FOU.R;
That a Milk Inspection Fund
is hereby created and all license taxes collected pursuant to
the provisions hereof, and all other moneys received from any
counties, cities or other sources, available for the mainten81ce
of 8a4a-~Ra such Milk Inspection Service ani Laboratory shall
be deposited in said fund and used only for the maintenance of
said Milk Inspection Service and the payment of any laboratory
fees and charges incidental thereto, including the payment of
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the salary, automobile hire and necessary expenses of said Milk
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Inspector.
SECTIOI TWENTY-FIVE: It shall be unlawful for any
person, firm or corporation, or any agent or employee of any
person, firm or corporation, to violate any of. the provisions
of this Ordinance; it shall be unlawful for any person, firm
or corporation to purchase, receive, bring into, or deliver in
the City of San Bernardino, any milk or cream therefrom, unless
the same shall have been purchased or received from a person,
firm or corporation holding a permit in full force and effect
issued pursuant to the provisions of this Ordinance; it shall
be unlawful for any person, firm or corporation to sell,
any milk or cream
deliver, distribute, produce or bring/into the City of San
Bernardino, unless such person, firm or corporation shall hold
a permit in full force and effect issued pursuant to the pro-
visions of this Ordinance; it shall be unlawful for any person,
firm or corporation to sell, offer for sale, or possess for
sale or distribution, within the City of San Bernardino, any
milk which shall not conform to the standards specified therefor
in said Act, or in this Ordinance, or which shall be represented
or labeled as being of a grade defined in said Act, and which
shall not conform to the standards provided in said Act for
such grade. Any person, firm or corporation that shall violate
any of the provisions of this Ordinance shall be deemed guilty
of a misdemeanor, and such offense shall be punishable by a fine
of not less than $25.00, nor more than $300.00, or by imprison-
ment for not more than ninety days, or by both such fine and
imprisonment.
SECTIOI TWEITY-SIX: The City Clerk shall at the hour
of five o'clock P. M. of the twentieth day of the first month
in which the quarterly license provided herein shall be due,
add to all such quarterly licenses remaining unpaid a penalty
..
of ten per cent on each delinquent quarterly license.
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SECTION TWENTY-SEVEN: Ordinance No. 1426 of the City
of San Bernardino, entitled: "An Ordinance of the City of San
Bernardino Providing for the Maintenance of a Milk Inspection
Service and Laboratory Pursuant to the Provisions of the Pure
Milk Law of California", adopted July 15, 1929, and approved
July 16, 1929, and all ordinances and parts of ordinances
inconsistent with the provisions of this ordinance, are hereby
repealed.
SECTION TWENTY-EIGHT: If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional, such decision shall not affect
the validity of the remaining portions of this Ordinance. The
Common Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and
phrase thereof irrespective of the fact that anyone or more
section, subsection, sentence, clause or phrase be declared
unconstitutional.
SECTION TWENTY-NINE: This Ordinance is required for
the immediate preservation of the public health in the City of
San Bernardino; that the provisions hereof are required to
prevent sale and distribution in said City of milk not fit for
human consumption, and this Ordinance is urgently required for
the preservation of the public health of said City.
SECTION THIRTY: TheCity Clerk shall certify to the
passage of this Ordinance by a two-thirds vote of the Common
Council of the City of San Bernardino, and the same shall
thereupon be in full force and effect.
The City Clerk shall cause this Ordinance to be
published for three consecutive days in the SAN BERNARDINO
DAILY SUN, a daily newspaper hereby designated for that pur-
pose.
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I HEREBY CERTIFY that the foregoing Ordinance was
duly adopted by the Mayor and Common Council of the City of
San Bernardino, at a regular meeting thereof held on the 1J~~
day of a/ ....--/,...,../ , 1932, by the following vote, to-wit:
Aye
Noes ~
Absent r-' ~
~~~
t/ CitY Clerk.
The foregoing Ordinance
day of c;J;" -. - .., h.. / , 1932.
is hereby approved thiS~
~.71 J#,~/
Mayor of t e i y of
San Bernardino.
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