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HomeMy WebLinkAboutORD NO 35· . .:.~TAI~M,.~ _.A ~ 0_.E .HEALTIt A liD DEHI~I~G .IT_~_...~i '.'The Board of Tm~stees of the City of Bakersfield dp ordain as~ follows :- · .~ Under and by virtue of the provisions of Section" :il. ,3061 of the Poi/ti'cai Code of the State 'of California, and .st.atutes amen~ator~ thereto,~ a~. Bsa~-is h.ereb_y,e:atabli~Be-d, ......... i 'which shall .be known and style~/"The'B~ard of Heal. th of the .... ~:., ~. iC'ity'Of Bakersfield', · i~; ~aid Board of Health shall consist of five persons ::~ho shall be residents of the City .of Bakersfield,. shall'be ap- 'pointed by the Board of Trustees, and their term of office, ishall be' four years thereafter.; provide, d, however, that the "said members other than the Health Officer who shall Be ex- · " , i.officio a member, of said Board of health, first appointed, shall a.s soon after'their appointment· as is reasonably practieable~ .:d~viie themseives by lot .into two classes of two each s~ that ~' :,t_be term-of two shall expire at...the end' of two yea~s and the .',term of the other two at the end of four years, and thereafter ;the terms of two shall expire at the end of every two years~,~ · "and shall be filled by like appo.~ntment; and provided fBrth~r, ! ',that each member shall holi o~ice-.untll his successor - ;;appointed and qualified, 'and in case of vacancies [__. . i,sliall _be_. made- tc- .fill -the unexpi.~ed, terms. -:-.But-the. Board I Trustees reserves the right in their discretion at any t~"'... ; whenever they deem it expedient, to remove any m_e_mber .of i~i.i i Board. of Health or the IHealth.. Officer., and appoin% .another..in. ibis place. The Members of the Board of Health shall; before':' .entering upon their duties, take ant subsc~i, be-and file with :the City Clerk the..conStitutional oath of ~.ffice. One of the '.Members o~ sai~ Board of Heal.th shall, be' a' p...rseatioin~-physician · : ' ' ' :'~' ''' e :and. a gra,iuate of some reputable school cf..me',ins, and on..., ~. ','.if practicable, 'a civil engineer. '.~ The Itealth Officer shall be ·chosen By the Board 'of Trustees of said City, and shall hold office for the tern of i.four years, unless the Board of Trustees shall remove '.said ?' Health Officer, said Board of Trustees hereby reserving  .eight to remove said Health Officer whenever they deem it ~ ~ . · · f~:. · · ... · .-;' Sa~d Health Officer shall be ex-off~c~ota.,'..:.,:.]. .~ember .o.£ the Bo~_a~ of Health, and shall 'receive. a monthly · ~0~ -,--..~ Doilaes per mont,h.. ........ . · !... ............... . ...... .._ _. .... ~. ... .. ~ .' . ~:..-. ....- :, !"/~.~.~]I_~ 1~o Member of~ the Board of Health shall, receive ,. :ianY salary other than the Health Officer, whi'eh salary received by .him shall be as a Health Officer and not as a Mead.er of the .Board of Health. .'.. :'Section 5,Saict Boaed of'Health shall organize by c.hO~sing .~. .' . · · ~ .. ;,~/,,.-j . dne of their numbe~ president, and one of' their nu/fc~e~j~e- , 'tary. Such p_resident shall preside at all meeti.'.n~.~. ie'xped~ent,' ancO' shall do and. penre...rm a.~ a~.S and ~, . . " ~ ' . .' ~, ' '~"~'." .-~~l~r"."'_ have such powers as usually pertain 'tO such office or as ~' provided by O~inanoe, or the o~lers, rules and said Board.. ~e Secretary. shall keel> a record ~ all ceedings of the Board and perform such other acts and thins ak" ..may be prescribed by Ordinance, or the rules, orders, rules or '.'.regulations of the Board, :e ~~, The Board of Health shall have power to adopt · 'isuch measures as will in their judgment best promote the'health .of the City of'~"Bakersfield., and prevent the spread of diseassy ,~to enter'into and ':~xamine, in the day time,all buildings;lots, ~and place~ in the s~id city;to prev. ent or forbid co~m~Anication :~i~h'-infected families or .h.ouses~ and~by and wi'th the cons.ent ~of the Board .of Trustees, to establish a pest house or hospital' !and provide the ne. ce..ssary supplie, s ~therefor; and generally to "exercise a superv~sxo, n over hospxtals, .prisons, .jails,school- 'houses and public buxldings so far as ~n their judgment ma~ · 'be neces.s_,~y..i~l?, the promotion of health, and they.ma~,when.ey, er i'~they dee~ necessary, order the examination by the Health Offxcer.' :" 'or some competent physician, of all pets.ohs enterx.'ng the city :from any country, county, state,city or other place where said ,.Board shall have .reason to believe there, are any cases of .cholera, yellow~f,~er, smallpox or other contagious or infe~:.., i~tious daseases;~ ~ for the purpose of making such examinat'.i%$hi .',the health officer or any or all of the membe? of' the BO .ar'..d ,of Health shall have authority to enter any rax. lroad car, stage'.~: :Or other vehicle; and said Board or Health Officer may direct f'" '.and enforce the cleansi, ng and Purifying of any such railroa~ 'car,stage or other vehxcle, a~d said',':Board m.a.y provide by and' ~ ..... 'with consent with the Board of Trustees a suxtable"place for 'the---t.__e~q.. _orary detention .of Rersons who have been exposed to th~ ....... or other ~nfect~ous . or contagious disease, and said Board of Health or Health Offi ,ocr,or any member of sai&!fBoard';shall have power to ord~:: and .comps. il such person or p~rsons to remain in such place :.tentxon for such time as may be necessary, and to forbi~'~.~and · prevent any and all communication With such person., or persons, . Eaid Board or Health Officer 'shall have power to forbid or 'prevent any and all persons living or being in or about :such house or premises where any person is or has b~en sick with small-pox, cholera, yellow fever or any other infe. ctiou? '.'-' 'er contagious disease, from leaving such house or premxses wxth ': out first'having obtained permission to do so from the Board of Health or Health Officer, ... ectJ~ Th8 Board of Health shall have power by rules and JOrders, to fix the time of their regularly m~nthly meetings, to fix the number that shall constitute a quorum, for the transaction of business, and to 'make and e~. force such rules ~ .a~_.~._regulations .appertaining to...the- sanit.a~y--eonS-it-ion- of-~-~: ...... ................ City of Bakersfield as said Board may deem necessary~ and prop- . er, and not contrary to law, '. ,~ . ~ It shall be the duty of any member of the Board o£ Health, the"Health Officer, or l~.~blic officer, when I necessary to secure the ~ to upon the prom-, i public heal1 enter ises, or in the house,or other place.of any person within the said city, to asce~tain any-nuisance that may there exist, inspect ~ains,vaults,cell~rs,eesspools,water-closets "..~.._ i. sewers,or yards of such, pre~ise~s,to examine:i~to their condi- tion,and when satisfied~that a~tme~ts used for lodgings or~ "."i' · other purposes are improperly constr...u.:~'ted, or liable -:' crowding or filth to become dangerous to the ~ to disseminate contagious.or infectious idisease,(,,o_z(,~re · p?operly provided with privies, water?closets, or~h sewers;'" stains or cesspools, properly tappe~,they or any ,el them shall l serve a written noti~e upon the owner, or.other .p.~r..son. in... charge of such pre~ises, to remove the nuisance t~re~n: name~ and if such owner or other person in. charge negleOts~ t~ obey such notice, said Board or..~fficer .may pu~'the ~ame im..[prOp, i. er order at the expense of' the owner or other person-'~n oha~ge "thereof. " .. - ~ The following portions 'of..Section 3028' of. the Political Code of the State.cf California are hereby"adopted,. and t. he powers'therein speczfied are'confetti'upon ~he Board of ~Malth for the period of five years, ~henever any .nuisance shall exist On the proper~y of any non-resident, or any prop~ty the owner or owners of which cannot be found, after, diligent ~search.,. or on the 'property of. any owner or owners upon whom ~ue notxce shall have' been served, and who shal.1, for three days, neglect or re.fuse to ' abate the same, or on any city property, it shall be 'the duty ,~. of the Board of Health to cause the said nuisance to be at '..once removed or abated, and to draw upon the general fund for ~.i. such sum as may be required for its removal or abatemen~',.not to exceed fifty dollars; provid,~..., that whenever a larger ex-. !! penditure is .found nec. es~ tc be. made for the removal or suppression of any nuzsance,i~"th'.8...:..board of Trustees of said , ......... _ ..... ~...City may, upon th...e, written application .of thru.board of Health appropriat~,all6w; and order' [a~[-su~'~g~- as may .fo.r that purpose, 'A~.d the Tr.~iS~rer. shall p.a¥ all. appropria- txons of money made zn pursuance o.f this Sectzon zn the same manner as is now provided for pa~tng demands upon the treast~ ~aid sum or sums so paid shall become a lien upon the from which said ri, AlS=ce has be~n removed or property _ _ . , , abated,. zn pursuance o.f thzs section, and may ce recoverea in any ' against said property, And it shall b.e the duty of the City' Attorney t.o foreclose all such liens, tn the name of and for th_e benefzt o~ said city; and when the' property is sold, enough · o.f t. he proceeds shall be paid· .i~-to the City Treasury to sat- ! zs.f~, the lien and all 'costs., an~ the. overplus,if any;shall be' pazd to the owner of the pro,uerty,, if he be known, 'and if not ;: known, then into the Court for his 'use when ascertained. .~ 'The' Board of Health is.~hereBy vested with power to act .i upon,~efine,de.termne,and adjudge what shall 'consttute a nuis- .., anco in said city, an~. to require the same t~......be abated in a or alJ. OWS .. a-. ~illsance to e.xist upon his or her property after the same has been termtned By said Board to be a nuisance,' and after notice te remo. ve the same has been served.upon said person, is .~uilty of a mxsdeme.anor, and shall be p.unxshed accordingly; and each of such ex~ste, nce, after due notice, shall be deemed' a..sepa-. rate and dzstznot offense, "... · . . '"--And it shall be the duty of the '.: Health Officer to prosecute all persons guilty of violat.~. . this law. ' ' ~.'" -' ':~ '"': .... ;-~;,.;;- 1. ................. · ~L ............... ... ..... -...,,~. , . ~. The Board of Health mast exercise a general ""~:' supervision over the death records of the city and may adopt ..-[ such forms and regulations for the use and. government of the. · '~ physicians and under, takers as in their judgment ~..!..be best. ~ ,',.~ calculated to secure reliable statistics of the ~:~.ality...... in :; the city and 'prevent disease. ~" · Section 11, Said Board of tIealth shall report to the See- ..- "rotary of the State Board of Health at Sacramento, at such · 'times as the State Board of Health may require: Ist,the sani- tary condition of this city; 2nd, the number of deaths,with the .... :; cause of each,as near as can be ascertained, within the ci.t~V, "du~ing the proceeding month;Srd, the presence of'epidemic or .:other dangerous, contagious, or infectious disease, and such '..other. matters,w/thin their knowledge or jurisdiction, as the '.' state board may require, .~ e t~.~.~l.j~. The Health Officer shall.' exeeate and enforce 'all the lawful rules and orders of the" Board of Health, and '~perform such other duties as may be prescribed by law or i;nance. , ',', e.~.~~. It shall be the duty o£. the. Marsh.al, and he is '. .. ~.hereby aUthorized and empowered to serve, all notxces of the ::Board o.f Health or the Health Officer, and to enforce and '.car~j~.nto execution, or cause to be bnforoed or carried into ez~e.c.utxon, .all~o.r. de.r,s, and .d. ir_eotions, both. general .and special '.o~ ~ne ~oaru or neaAtn or health. Officer.· Any polxceman of" the du~ '..the City of Bakersfield may perform an_v of ;les re- " 'quired to be performed by the Mar~hal,-and the term Marshal .. ~;shall be construed to_mean and '_aj~pl.v to anv.re~,ular or secial ,Section 1~ Ail e~penses necessarily incurred by the Board of' iHealth in carrying out the provisions of this Ordinance ~st Be provided for by the Board of Trustees, who m~..v make an ap- · pro~riation 'out of the general i'und, or by taxatxon provide a- . ..~fUnd therefor. ~. ~,y person who shall .violate any provision of ~ :this Ordinance, or who. shall fail or-refUse-to comply without del_ay with any lawful order.or direction of the Board of. Health or of the Health Offxcer, shall be guilty of a made-' me.anor, and upon conviction, be punished by a. fine not ex-~ ceeding one hundred dollars or by,imprisonment not ezceedi~ thirty days. Sect~.io.n.16.. Ail Ordinances, or parts of Ordinances, in '" confhct with this Ordinance are hereby repealed. Section 17 This Ordinance shall be in full force and .. effect from and after its passage an~ publication ·once in the Kern County C~zette, a newspaper, printed and published · ' in this city. this~...~ day of ~ 1899 by the following.vote, ~ Ayes, Trustees Noes ABsent ~' ~ ~'~ ~ '~ ~resident of the BosU'd o~ ~'~~~ tees of ~e City of