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HomeMy WebLinkAboutOrdinance 17ORDINANCE NO. 17 Ab act relating to the reorganization of the health d~. .went and the preservation of the-Public health of the City of Columbia Heights, Minnesota BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: ~Section 1. There is hereby established an executive department in the muni~ipal government of the City of Columbia Heights, Minnesota, which will be known as the De~Drtment of Health and shall embrace the Mayor, the City Manager a~'d the Commissioner of Health and suets;~ other assistance and employees as may be hereafter provided for. .S. ection 2. The executive officer of the said. Department shall be Commissioner of Health of the City of Columbia Heights and must be a competent physician of regular practice in said City. The Mayor and City Manager shall appoint a commissioner to serve until the first .Monday in June, 1925, at which time and as soon thereafter as may be, and each two years thereafter, the Mayor and City Manager shall appoint a Commissioner of Health whose term of .office .shall be two (2) years .or until his successor is.appointed and qualified. . Section 3. said :CommisSioner shall have the management and. control' 'Of al'i- ~atters' pertaining to the public health in said City under the supervision of 'the DePartment of Health Section 4. Said Commiasl0ner, before entering upon the duties of his' office, 'shall.execute a bOnd-to the City of Columbia Heights, Minnesota in the sum of'One Thousand Dollars ($1000.00) with such Sureties as the Mayor., and the'city Manager shall approve, conditioned for the faithful performance of the dUties of said office. Section, 5. Said Department Of Health Shall exercise a general supervision over the sanitary conditions of the City' and shall have the power to nominate a medical inspector and not more than two (2) sanitary inspectors, subject to the approvallof the City Council who shall fix their salaries or other compensation. Ail of said persons shall execute a bond to the City of Columbia Heights in the sum of Five Hundred Dollars ($500.00) with such sureties as the City Council shall approve, conditioned on the faithful per- formance of the duties of the said office and shall be subject to the orders of the Department of Health and shall perform such duties as the said Department of Health or the City Council, by ordinance, may require and determine, and such officers shall have by virtue of their office such police power' and authority as may be necessary to carry ~nto effect the provisions of this Act. Section 6-Should t~he necessity arise at any t~e for more health ~of~iCers or inspectors or other.employees 'than are hereby provi4ed for, the Department of He~l'th' shall have power to increase the force an~rescribe their duties by and with the consent of the City Council. SeCtion....7. sai4 Department of Health shall have the power to remoVe any subordinate off~cerl,.' inspector or employee of said Depart- pent of Health at their pleasure, subject, however, to the approval of the City Council. And all orders and directions emanating from said Department of Health shall be issued in the name o~ said commissi~ner. Section 8. The said commissioner shall give to the Mayor or other City authorities all such professional advice and information as they may require, with a viewtD the preservation of the public health. And whenever he shall hear of the existence of any malignant, contagious or pestilential d~sease~ he shall investigate thh same or cause it to be investigate~ and adopt proper measures to arrest its progress. Section 9. It shall be the duty of the Commissioner of Health to enforce a~l the laws of the state and ordinance of the City of Columbia Heights relating to the sanitary regulations of the City, and cause all nueisances to be aba~d with all reasonable promptness. And, for the purpose of carrying ou~ ~he foregoing requirements he, or his subordinate shai1 be permitted at all reasonable times ~to~ enter into any house, store,- stable or other building and to cause the opening of the floor if he should deem it necessary in order to have a thorough examination of Cellars, vaults, sinks or drains. And to cause all privies to be cleaned and k~pt in good condition and to cause all dead animals or .nauseous or unwholesome things or substances to be buried or removed or disposed of as the Commissioner of Health. may direct. Section 10. In order to carry out the provisions of the fore- going section, it shall be the duty o~ the Commissioner of Health to serve a notice upon the Owner, occupant or agent of any lot, building or premises in or upon which any nuisance may be found, or the owner or Cause of any such nuisance, requ'~ring them to abate the same in such manner as he may prescribe, within reasonable time. PROVIDED, That it ahall not be necessary in any case for the commissioner to specify in his notice the manner 'in which any nueisance s~ll be abated ~less he shall deem it advisable t~ do so~ and such notice may be given or served by any officer who may be directed or deputed to give or make the same. And if 'such owner, occupant or agent shall neglect or refuse to comply with the requirements of such order within the time specified, they shall be subject to a penalty hereinafter provided,, and it shall be the duty of the said officer to proceed at once, upon the expiration of the time specified in said notice, to cause such nuisance to be abated° AND PROVIDED, FURTHER, That whenever the owner, occupant or agent of premises, in or upon ~hich any nuisance may be found, is unknown or cannot be found~ the same commissioner shall proceed to abate the same without notice~ and in e~ther case the expense of such abatement shall be collected from the person or persons who may have created, continued and ~suffered such nuisance to exist.' .Section 11. Any e~pense in~Ur~ed by the Health DePartment, in en~oraing-t,he provisions Of the above section, shall be recovered in an action of debt, to be brought in the name of the people of the State of Minnesota against the Party offending, or in the event that the offending person is brought before the Municipal Court of the City of Columbia Heights, the said expense incurred by the Health Department may be assessed as part of the costs of any prosecution brought under this ordinance. · Section 12. It shall be the further duty of the Commissioners of H~alth to ~isit and examine, or cause to be visited and examined, all sick persons who shall be reported to him as laboring or supposed ~:0 be laboring under any yellow or ship fever, small pox, cholera, or any infections or pestilential disease, -2- And cause all such infected persons to be removed ~o ~he Cholera. small pox, or other hospitals, or to such other safe and proper place as he may deem proper, not exceeding three (3) miles from said City. And cause them to be provided with suitable nurses and medical attendance, at their own expense, if they are able to pay for the same, if not, then at the expense of the City. Se~qtion. L13. It shall be the further duty of the Commissioner of Heal~ 'to cause a notice, written or printed in large letters, to be placed upon or near any house in Which any person may be affected or sick with small pox, scarlet fever, or any infectious,pestilential or epidemic disease, upon which shall be written or printed the name of such disease a~d an order forbidding any person or persons, except- ing the medical attendants and spiritual advisors, from going to or leaving said premises. And if any person or ~ersons shall deface, alter, mutilate, destroy or tear down such notice, ,without permission of the Commission- er of Health, or shall otherwise fail to comply with this act, such persons or person shall be subject to the penalty hereinafter pro- vided. The occupant of any house upon which such notice shall be placed or posted as aforsaid, shall be held responsible for the compliance with the act and for the unauthorized removal of the notice, and if the same shall be removed without the permission of the Health Commissioner such m~_~3r4~ pan~ shall be subject to the penalty herein- ~fter provided. Section 14. In case of pestilential or epidemic disease, or of danger from anticipated or impending pestilence or epidemic disease, or in case the sanitary condition of the city shall be of such a character as to warrant it, it shall be the duty of the said depart- pent of Health to take such measures and to do and order, and cause to be done for the preservation of the health (though not herein or elsewhere or otherwise authorized), as they may, in good faith declare th~ public safety and health to demand. Sectio. n 35. The Department of Health, may take such measures as they may, from time to time, deem necessary, to prevent .the spread of small pox, by issuing an order requiring all persons in the City or any part thereof requiring vaccination, to be vaccinated within such time as they shall prescribe, and all persons refusing or neglect- ing to(bey such order shall be liable to the penalty hereinafter provided. PROVIDED, that it shall be the duty of the Department to provide for the vaccination of such persons as are unable to pay for the same, at the expense of the city. Section 16. The Department of Health shall have the power to cause any 'hoUSe or premises to be cleaned, disinfected, or closed to visitors, and prevent persons from resorting thereto while any person is laboring under any pestilential or infectious disease. They may, by an order, direct any nuisance to be abated, or unwholesome matter or substance, dirt or filth to be removed from any house or premises, and may prescribe the time and mode for doing so, and take any other measures they may deem necessary and proper to prevent the spread of any infectious, pestilential or epidemic disease. And any person who shall neglect or refuse to obey the orders, directions and instructions of said Department of Health, shall be subject to a penalty hereinafter provided. Section 17. The moneys appropriated to the Department of Health by the Cit~~ C0-uncil shall be faithfully applied by the said Department to the true objects and purposes of its appropriations, a~d the said Department shall make reports of all bills authorized by them to the City Council, Which bills shall be passed upon the same as other claims against the City. Section 18. It shall be the duty of the Commissioner of Health to inspect'a~y part of the city and its environs, which from its locationm or from any collateral circumstances, may be deemed the cause of ~isease. And in all cases Where he may discover any agent, the existence of Which will prove dangerous~ to the health of the city, and there is no ordinance competent to the correction of the evil, he shall immediately report the same to the Department of Health, accompanied wi~h his opinion of the necessity of extraordinary or particular action. Section 19. The Department of Health, by a~d with the approval of the City ~o-uncil, may select, pur~ase, lease and establish such sites, places and boundaries for quarantine stations and purposes, and with the approval,of the City Council, may erect from time to' time, such buildings and hospitals, upon such sites and places, and so keep the same in repair, as in their judgement shall be deemed necessary, Section 20. It shall be the duty of the Department of Health to provide ~he-necessary books for keeping a record of all transactions of said Department, including the proper registration of births and deaths, and such other statistical informat~on necessary for efficient working of said Department, and also keep on hand all necessary blanks 4~ be used by physicians and midwives, and furnish them with the same on application. Sect$0n~ 217 Said Department of Health shall always have on hand as far as practicable, a sufficient quantity of vaccine virus, and they shall provide to physicians who will vaccinate without charge, all persons who may apply to them for that purpose, and shall give certificates of vaccination to children who have been vaccinated, and require such certificat~e to a~misslon to the public schools. ~ection...22. Any master of a vessel, conductor captain or any person Whosoever, who shall violate any clause, provision, require- ment, duty or regulation of this act or any rule or regulation of the said Department of Health or Commissioner of Health, or employee, in the discharge of their duty, or in charge of any quarantine, or any person whoseever, Who shall fail or neglect to comply with any such clause, provision, requirement, duty or orders, or who shall interfere with or in any manner resist any officer or agent of the Department of Health of the City of Columbia Heights, in the discharge of his duty, as herein conten~lated, or Who shall commit any such breach of peace or be guilty of any act or thing calculated to defeat or interfere with the carrying into effect any part of this act, or any regulation or order of said Department of Health or ordinance of said city in relation to the public health, shall, upon arrest and convietion by the m~nicipal court of the City of Columbia Heights, or in the ~strict court of the County of Anoka, be subject to a fine not to exceed One Hundre~ Dollars (8100.00) nor less than ten Dollars ($10.) for each offense, together with costs of prosec~ion. Section 23, It shall be the duty of the City Attorney of the City of C~lumb~ 'Heights, to act promptly in all suits or procee~ngs of any violation of this act, an~ in all procee~ings approved or prompted by said department of Health, or their employees, and to bring the same to a speedy hearing or termination, and in case of the obtaining of a ~udgment, to direct execution therein without delay. .~e~tion 24. Said Department of Health may order or cause any excavation, erection, vehicle, vessel, water craft, room, building, place, sewer, pipe passage, premises, ground, n~atter or thing in the City of Columbia Heights or adjacent waters, regarded by said --m4- Department as in a condition dangerous or detrimental to life or health, to be purified, cleansed' disinfected, altered or improved~ and may also order any substance matter or thing, being or left in any street~, alley, water, excavation, building, erection, place or grounds (whether such place Where the same may be in private or public) and which said Depar.tment may regard dangerous or detrimental to life or health, to be speedily removed, and may designate or provide a place to which the same shall be removed, when no such adequate or proper place, in the judgment of said Department is already provided Section 25. It shall be the duty of the said Department of Health--in the enforcement of, and, as far as practicable, to enforce all laws of this state applicable within the limits of the City of Collumbia Heights, to the preservation of the care, promotion or protection of health~ and human life or to said department . may exercise the authority given by the laws a~oresaid, to enable them to discharge the duties herein impose~ and this section is intended to include all laws relative to cleanliness, and to the use or sale of poisonous, u~wholesome, deleterious or adulterated drugs, medicines or food. A~d said Department is authorized to require reports and information at such times and of such facts, and generally of such nature and extent relating to the safety of life and the promotion of health, as its bY-laws and rules may provide, from all dispensaries, hospitals, asylums, infirm schools and from the mn ............ ar es, prisons and ~'=~=~, Principals and officer . ail other institutions, their of~ ......... s thereof, and from ~ ~==r~ anu managers, and fr p.r.oprie.te~s, managers, lessees an~ ................ om the onner places of ~ubli~ ~-~ -- _-_~_~w~=~ o= .all rhea=ers and is hereby made '- ~ *~ ~ ~usement in sa~d district~ and it the duty of the officers, institutions and persobs so called on or referred to promptly to give such reports, verbally or in writing, as may be required by said Department. Section 26. That it shall be the duty of all coroners within the ~~f Columbia ~eights, .within three (3) days after the taking of any inquest, to file a written statement with the said Department of Health, signed by the coroner making the same, stating, so far as he is able, where and upon the body of whom such inquest was held, and the cause and date and place of the death of such person. section 27. That the said Department of Health is hereby author- ized''' and it'shall be its duty to make such rules and recommend such ordinances as to th~ may seem necessary and ~roper, for the of com~elling all ~hysicians ~racticing within the limits of purpose the City of Columbia Heights to make reports of all cases of contagious diseases upon which they may be in attendance, and all keepers of boarding or lodging houses, all innkeepers and~ hotel keepers, to make reports ~f all cases of contagious disease occurring within their respective houses, and generally to make such regulations and rules as to them may be deemed necessary for the carrying ~nto effect the objects of this section of obliging reports of contagious diseases to be made to said Department of Health, by all persons becoming cognizant the same. A A~d the said Department of Health is hereb authori and its duty to make rul ........... Y zed lating the interment and removal of dead bodies, their entry into, =~ ur r~commen~ ordinances regu- removal from the passage through the said City of Columbia Reights, and no body shall be ~uried or exhumed within the limits of the said City of Columbia Heights, removed therefrom or received therin, to pass through the said City without a written permit first obtained from 'the said Department of Heaith, and to be issued in the manner and under the conditions of them prescribed, and the said Department Of Health shall make all rules and regulations necessary for carrying out the objects of,this section. Section...29~. That the jurisdiction of the City of Columbia Heights shall extend to, and prevail over all cemetaries under the control of organizations established in said city, and it shall be the duty of the Department of Health to make such rules and regulations as may be deemed necessary regarding the reception and terment of deed bodies within the same and prescribe the duties of all sextons and keepers of such cemetaries relative to the reception and burial of dead bodies. section .,30. Copies of the proceedings of said Department, of its rules, regulations, by-laws, books and papers, constituting part of its archives, when authenticated by the Department of Health, shall be presumptive evidence, and the authentication to be taken as pre- sumptively correct in any court of justice of judicial proceedings, when they may be revelent to the point or matter in controversy of the facts, statements and recitals therein contained. And the action proceedings, authority and orders of the said Department of Health, shall at all times, be regarded as in their nature Judicial and be treated as prima facie just and legal.' Section 31. The juri~~nn of the Department of Health of the C~ity of-Columbia Heights shall extend over all lakes and water courses of the county of anoka, and lie within the limits of said City. ~ection 32. Said Commissioner of Health shall annually, on or befo~e ~e-'-f't~st (lst) day of January, present to the Mayor and City Council, a thorough and comprehensive statement of all matters per- taining to said Department during the year, and of all expenditures from the appropriations for the Health Department, together with a state- ment in detail ~f the appropriations required by the Department during the next municipal year. Section 33. It shall be the duty of all employees in said Department of Health to obey and carry out all orders and directions of the Department of Health and perform such ~uties as may be imposed upon them by said Department. ~_ectl0n 34. The City Attorney of the City of Columbia Heights or his assistants by his directions, shall be the legal adviser of theCommissioner and Department of Health, in all matters incident to their office. The said attorney or assistants, shall render and perform all legal service pertaining to th~ Department of Health, and where requested, shall furnish written opinions upon all legal questions pertaining to said Department. Section 35. It shall be the duty ~f the Chief o~ Police to cause 'tO be" ~'xecuted all orders of the Department of Health, so far as they may relate to the preservation of the health of the City, or whenever requested to do so by the Department of Health. Section 36. It shall be the duty of every street Commissioner and p°liCeman' of the City of Columbia Heights to promptly report at the office of the Department of Health any violation of the rules of the Health Department of the City of Columbia Heights, Minnesota, that may become known to him while on d~ty. Secti..on 37. All acts applying to the term of office and salary of Healt~' Officer and all acts or parts of acts and amendments thereto now in force which conflict in any way with this ordinance be and same are hereby repealed. Section 38. The Health Commissioner shall every two weeks render a st~ his services and shall be paid a reasonable compensation for the rendering of such services in the same manner and form as all other cit-f employees are ~aid, provided, however~ that whenever said Health Commissioner shall appear in a court proceeding in ~he Municipal Court of the City~ of Columbia Heights, the charges for such attendance shall be tab. ed as part of the costs in the action wherein ' -6- wherein such Health Commissioner shall appear and be paid to said Health Commissioner in the same manner and form as other witnesses are paid. $~c~ion 39. This act shall take effect ~ud be in force 30 days from-~ after its passage. (sE ) W.C. GAUVITTE Mayor HAZEL A. TRUCKER City Clerk First readingApril 30th,1923 Second~ reading May 14th, 1923 Passed May 14th, 1923.