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HomeMy WebLinkAboutOrdinance #17 ORDINANCE NO. 17. AN ORDINANCE PROVIDING FOR THE SANITARY CONDITIONS AND PUBLIC HEALTH OF THE CITY OF HUNTINGTON BEACH, AND REPEALING ALL ORDINANCES IN CONFLICT THERE WITH. The Board of Trustees of the City Of Huntington Beach do ordain as follows. Section 1. It shall be the duty of the Board of Trustees of the City of Huntington Beach to appoint a Board of Health, consisting of fine members, one at least of whom shall be a practicing physician and a graduate of some reputable school of medicine, and one of whom, if practicable, shall be a civil engineer. The Board of Trustees shall designate one of the appointees as Health Officer and president of the Board of Health shall hold office at the pleasure of the appointing power. Section 2. The regular meetings of the Board of Health shall be held on the first Tuesday of each quarter of the calendar year, at 7:30 o'clock P.M. in the Trustees' room, or in such other place as may be established as the regular place of meeting. Special meetings may be called at any time by the president or three members of the Board written notice of the time and purpose of the meeting being served upon the time for the meeting, or left at his residence or place of business. A majority of the members shall constitute a quorum, and any business within the jurisdiction of the Board of Health may be transacted at any lawful meeting of such board. The ordinary parliamentary rules, as laid down in Robert's Rules of Order, shall govern the proceedings of the Board of Health. Section 3. The Board of Health shall have general supervision of all matters pertaining to the sanitary condition of the City of Huntington Beach, and it shall have power to make such rules and regulations relative there to as may be necessary and proper and are not contrary to law. The order of the Board of Health, regulary issued and within the jurisdiction of said board shall have all the binding force of the law. It shall be the duty of the Board of Health and of every member thereof, to co- operate with the Board of Trustees, in every was possible, for the promotion of the good health of the citizens of Huntington Beach and for the prevention of the spread of disease in said City. The Board of Health shall report to the Board of Trustees at any regular meeting, or special meeting called for that purpose, any unsanitary conditions that may exist within the City and recommend some method for this abatement. ORD. 017 1 Said Board of Health shall also make an annual report to the Board of Trustees giving an outline of the year's work, the vital statistics and the present condition of the city with reference to the health of its inhabitants. It shall also be the duty of the Board of Health, in reporting any unsanitary conditions to the Board of Trustees, to include the ascertained or estimated cost to the city, if any, of the proposed means for their abatement. All expenses necessary to the enforcement of the orders of the Boards of Health, other than those provided for in the City ordinances, must be authorized by the Board of Trustees before becoming a lawful change against the city. Section 4. The Health Officer shall be the president and general executive of the Board of Health. In addition to the usual prerogatives of the presiding officer, he shall be charged with the duty of carrying out the rules, regulations and orders of the said Board. He shall assist the City Marshal in enforcing the general laws of the State, the ordinances of the City and the orders of the Board of Health for the promotion of cleanliness and the preservation of disease in said City. In case any person neglects or refuses to comply with the lawful requirements of the health department of the City of Huntington Beach, it shall be the duty of the health officer to file a complaint in the recorder's court and assist the Marshall in procuring evidence and prosecuting the suit to a successful issue. Section 5. It is here by made the duty of every physician, householder, or other person in the City of Huntington Beach to report to the Health Officer of said City immediately in writing every person in said City who shall be, or whom they may have reason to believe is sick from cholera, small-pox, diphtheria, scarlet fever or any other contagious or infectious disease. Section 6. Any person, householder or hotel keeper or proprietor of any public laundry having a person suffering from any contagious or infectious disease in any house, dwelling or premises owned, conducted or controlled by him, shall renovate, clean, purify and disinfect the same to any extend and in such manner as the Health Officer may direct for the purpose of the preventing further infections. Section 7. All persons attending or coming in contact with a case of infectious or contagious disease shall take such precautions against the spread of such disease and carry out such sanitary regulations as the Board of Health may direct. Section 8. No person suffering from any infectious or contagious disease shall be removed from or have the place where he first became sick, without a permit from the Health Officer. ORD. 017 2 The Health officer, with the approval of the Board of Health, may cause to be removed from such houses as can not be satisfactorily quarantined to a hospital or other place provided by the City for quarantine, any person affected with small-pox, yellow- fever, typhus fever, glauders, leprosy, Asiatic cholera or other infectious or contagious diseases. Section 9. It is the duty of the health Officer to notify the Principals of the Public Schools and the Librarians of the City of Huntington Beach, or the teacher or principal of any private school, of the name and location of any person suffering from any infectious or contagious disease in the City of Huntington Beach; and it shall be the duty of every superintendent, principal or teacher of any public or private school in the City of Huntington Beach to exclude from school any persons suffering from any infectious or contagious disease, and any person who may belong or reside with a family or in the same house in which a person is affected with any infectious or contagious disease until a permit is obtained from the registered physician stating that such person has permission to attend school. Section 10. The City Clerk shall perform those duties prescribed in Section 9 of Chapter 1 of the Municipal Corporation Act. Of 1883, as amended by Statutes of 1905 —Page 408. Section 11. The Board of Health may take such measures as it may from time to time deem necessary to prevent the spread of contagious diseases; and it is the duty of the Board of Health of the City of Huntington Beach to make any and all regulations for the proper management and control of persons and places under quarantine in said City, and it is the duty of the Health Office to enforce the same. Section 12. Conductors on trains shall not bring into the City of Huntington Beach any person or persons affected with any contagious or infectious disease, nor shall they prevent the Health Officer of said City to any one appointed by the Board of Health, from inspecting care or trains of any time. The Board of Health of the City of Huntington Beach shall have the power to stop trains outside of the City of Huntington Beach for the purpose of inspection before such trains shall be allowed to enter the City. Section 13. The Health Officer, the Board of Health, or any member there of, is each, in his official, capacity, hereby authorized to enter into any house, or other building, or upon any for or premises, in the day time, for the purpose of examining into the cause of any complaint, rumor, or suspicion, or unsanitary conditions, that may exist therein. Upon becoming cognizant of the presence of any contagious or infectious disease within the city, or adjacent thereto, said Health Officer shall have power, and it shall be his duty to quarantine any building or premises where such disease exists, or to exclude ORD. 017 3 people from the City who reside in or come from any infected dwelling, or district, outside said City. He shall regulate or prevent all communication with the occupants of any quarantined building or premises, posting conspicuous notices, and providing for the comfort of these who are thus isolated. He shall also disinfect the building, remove and destroy and bedding or clothing be able to transmit the disease and do all other acts necessary to abate the evil and protect the City; and it is hereby declared unlawful for any person to obstruct the view or destroy or deface or remove any notice posted by order of the Board of Health, or any member there of, until such time as the health Officer may direct. Section 14. It shall be unlawful for any person, firm or corporation to peddle or disperse any medicines or drugs within the City of Huntington Beach until such person, firm or corporation shall have first registered with the Board of Health of the City of Huntington Beach in a register just for that purpose, the name of the person, firm or corporation wishing to peddle or disperse such medicines or drugs, together with the names of the various medicines or drugs which they wish to peddle or dispense. If the said Board of Health is satisfied that the peddling or dispensing of such medicines and drugs by such person, firm or corporation does not conflict with any law of the State of California or ordinance of the City of Huntington Beach, they may issue a permit to peddle and dispense the medicines and drugs named in such permit upon the payment of One Dollar $1.00 therefore. Nothing in this ordinance, however, shall apply to licensed Pharmacists or traveling salesmen dealing directly with physicians or pharmacists; and nothing in this ordinance shall be contrived to take the place of the licenses required in Ordinance 10 of the City of Huntington Beach or amendments thereof. Section 15. Every master or journeyman plumber carrying on his trade in the City of Huntington Beach shall, in addition to paying the license required of him in Ordinance No. 10, register his name and address with the Health Officer, and it shall be unlawful for any person to carry on such trade or business in said City without being so registered, a list of the registered plumbers shall be included in the annual report of the Board of Health, as required in the Statutes of 1885 —under Section 3061 of the Political Code. Section 16. No privy vault shall be dug within five (5)feet of any property line or within fifteen (15)feet of any residence or sidewalk, or less than either(8)feet deep, and must not be filled above two (2)feet from the top of the ground. Section 17. Cesspools must be dug to a depth satisfactory to the Health Officer and lined with redwood planks of two inches in thickness, and not over one-fourth inch apart, or with bricks, and to such depth as to prevent any caving in, and the top must be ORD. 017 4 securely covered at least eighteen (18)inches below the surface of the ground with redwood planks at least four, (4)inches in thickness and to the outside portion between the lining and bank must be filled with gravel. No cesspool shall be dug within five feet of any property line. No cesspool shall be closed until a permit is received from the Health Officer to do so. Section 18. Whenever any cesspool, privy, vault or water-closet becomes foul or offensive, the Board of Health, or Health Officer, shall declare it a nuisance and order the owner, agent or occupant of the premises upon which it is situated, to abate or receiving, as, in the judgment of the Health Officer, the case may require specifying in such order a reasonable time within which the order must be obeyed. Section 19. It shall be unlawful for any person to spit or expectorate tobacco juice or sputum upon any cement floor or walk upon the floor, or walls of any room, hall or outhouse; or in any car, carriage or other place where it will disfigure such objects, pollute the garments with which is comes in contact and transmit diseases to the citizens of Huntington Beach. Section 20. It is hereby declared to be unlawful for any person or persons, firm or corporations to permit any dead animal, garbage, refuse, trash, rubbish, decaying or offensive material to remain on his or her premises, except as herein after provided, or to throw or to permit to be thrown into any vacant lot, public street or place, any such dead animal, garbage, refuse, trash, rubbish, decaying or obnoxious material or other offensive or decayed matter, or permit any stagnant water, (slops or suds to run or accumulate in or upon any road, alley or other public place, or premises occupied, owned or controlled by him or her, any manure, butcher's offal or filth of any kind or to permit any yard, stable or other enclosure where horses, mules, cows or other animals are kept, to be or remain in an unhealthy or offensive condition. Section 21. It shall be unlawful for any person, firm or corporation to sell, offer for sale, or have possession of, with intent to sell within the City of Huntington beach, any tainted unwholesome, corrupted, infected or spoiled meat, fish, game, or poultry, or any bob veal or veal less than four week old, or veal on which the naval cord still exists. The Board of Health of said City of any officer appointed by the Board of Health for that purpose is authorized to enter any place where meat, fish, or games or poultry this ordinance prohibits, or is in any way objectionable for food. And it is declared to be unlawful for any person to resist such entry and inspection by said Board of Health or officer appointed by same. ORD. 017 5 Section 22. Every act or thing done or being within the limits of the City of Huntington Beach which is prejudicial to the health of its inhabitants and is forbidden by general law or by an ordinance of said city, is hereby, declared to be a nuisance, and shall be considered and treated as such in all actions and proceedings whatever; and all remedies, which are or may be provided in law for the prevention and abatement of nuisances, shall apply thereto. Section 23. It shall be and it is hereby made the duty of the City Marshal, night watchman and all regular and special police officers of said City, to immediately report to the Board of Health, or to the Health officer, all nuisances and other sources of filth detrimental to public health as soon as the same may be discovered by such officers. Section 24. Every person who attempts, by means of threat or violence, to deter or prevent the Health officer, Board of Health, City Marshal, regular or special police from enforcing the provisions of this or any other ordinance, for the protection of the health of the City or who knowingly resists, by the use of force or violence, such officer in the performance of duty or guilty of a misdemeanor. Section 25. The City Clerk shall furnish the Board of Health with the necessary books, blanks and other stationery or requisition of the Health Officer. The City Marshal shall serve all papers and processes and post all notices, except the notice of quarantine, which must be posted by the Health Officer or by some member of the Board of Health acting as such. Notices of quarantines and order pertaining to cases of contagious or infectious disease shall inform immediate obedience; all other notices shall state the time within which (not less than ten days) obedience will require. Section 26. Any person violating any of the provisions of the foregoing sections acts therein declared to be unlawful and prohibited, or who neglects or refuses to do and perform the duties therein required of him, is guilty of a misdemeanor, and shall upon conviction, thereof by a court of competent jurisdiction, be punished as provided for in Section 8 of Ordinance No. 8 of the City of Huntington Beach. Section 27. All previous ordinances or parts or ordinances, that are conflict with this ordinances, are hereby repealed. Section 28. The City Clerk shall certify to the passage of this ordinance and cause the same to be published once in the "Huntington Beach News" a newspaper printed and published in the City of Huntington Beach, and there upon and there after it shall take effect and be in full force. Ed Manning President of the Board of Trustees of the City of Huntington Beach. ORD. 017 6 M. D. Rosenberger City Clerk and ex-officio Clerk of the Board of Trustees. I. M. D. Rosenberger, City Clerk of the City of Huntington Beach, do hereby certify that the foregoing Ordinance was passed at a regular meeting of the Board of Trustees of the City of Huntington Beach, held on the 241h day of May 1909. by the following vote: Ayes. Howard, Helme, Manning Noes None, Absent, Warner, Stewart. M. D. Rosenberger City Clerk. L M. D. Rosenberger, City Clerk and Ex-officio Clerk of the Board of Trustees of the City of Huntington Beach, hereby certify that the foregoing ordinance is a true and correct copy of an ordinance of the City of Huntington Beach Numbered 17 and entitled, "An Ordinance providing for the sanitary conditions, and public health of the City of Huntington Beach and repealing all ordinances in conflict there with." and that the same has been published in the "Huntington Beach News", a newspaper published and printed in the City of Huntington Beach according to the law. Published, May 28th 1909 M.D. Rosenberger City Clerk. ORD. 017 7 phis Ordinance was reproducedfrom a lool lool handwritten original in its exact form to maintain its historicaCtntegrity. This tyyewrttten format alCotivs for keyword searching. the lool lool handwritten originaCs can be viewed in the City Cterk 's office on request.