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HomeMy WebLinkAbout~Master - Relating to Local Board of Health, Repealing Ordinance 550 I TEMP. NO. ORDINANCE NO. 8 PERM. NO. 763 AN ORDINANCE PROVIDING FOR THE ORGANIZATION OF A LOCAL BOARD OF HEALTH, DEFINING ITS POWERS AND DUTIES, PRESCRIBING PENALTIES FOR A VIOLATION OF ITS PROVISIONS AND REPEALING ORDINANCE NO. 550 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Organization. That the mayor, city council and health officer of the City of Ames shall be and are hereby constituted a board of health in and for said city and shall be known as the "Board of Health of the City of Ames, Iowa. " Section Z. Powers. That within the limits of said city said board may make such rules and regulations respecting nuisances, sources of filth and cause of sickness as to them may appear necess�Lry and reasonable, and may also resort to such measures and exercise the power requisite for the abatement of nuisances, the removal of filth and for the protection and preservation of the health of the inhabitants of said city, as are provided for by the laws of the State of Iowa and the rules and regulations of the State board of health. Section 3. Chairman-Qu-orum-Pr ocee ding s. That the mayor, or in his absence the mayor pro tempore, shall preside at the meetings of the board of health, a majority of whom shall constitute a quorum for the transaction of business, and all the proceedings of said board shall be carried on as nearly as practical in accordance with the rules and order of business as govern the council of said city. Section 4. Duties of Clerk and Chief of Police. The city clerk shall be clerk of the local board, keep its records and perform such other duties as may be prescribed by the local board. The chief of police shall perform such duties as may be required of him by the mayor or in his absence by the mayor pro tempo#Ce. Section 5. Duties. The duties of the local board shall be to: II (a) Obey and enforce the rules and lawful orders of the State department of health. (b) Furnish the State board of health at the times and in the manner prescribed by the department of health reports of its proceedings. (c) Establish, maintain, and terminate quarantines in all cases of quarantinable diseases as may be required by law or by the rules of the State board of health. (d) Make such rules, not inconsistent with law or the rules of the State department as may be necessary for the enforcement of the various laws, the administration of which is imposed upon the local board. (e) Have, subject to the rules of the State department, charge of the burial or disposal of the deal and of all cemeteries dedicated to public use not legally controlled by other trustees or persons. (f) Regulate all fees and charges of persons employed by it in the execution of health laws, its own rules, and those of the State board of health. Section 6. Local Health Officers. The health physician shall be the local health officer and, upon request of the local board, the mayor shall appoint a permanent sanitation and quarantine officer who shall be subject to the orders and directions of the local board and its health officer in the execution of health and quarantine regulations. Section 7. Meetings of Board. The local board of health shall meet for the transaction of business on the first Mondays of April and November of each year and at such other times as it may deem necessary. Section 8. Publication of Rules. All rules adopted by the local board shall take effect after publication in a newspaper of general circulation in the municipality. I Section 9. Right to Enter Buildings. The local board, health officer, or sanitation officer, may enter any building, or other place, for the purpose of (examining into, preventing, or removing any nuisance, source of filth, or cause of sickness. Section 10. Orders of the Board. The local board may order the owner, occu- pant, or person in charge of any property, building, or other place to remove at j his own expense, any nuisance, source of filth, or potential cause of sickness found thereon, by serving on said person a written notice, stating some reasonabl time within which such removal shall be made; and if such person fails to comply with said order, the local board may cause the same to be executed at the expense of the owner or occupant. Section 11. Refusal of Admittance. In case any member of the local board, the health officer, or the sanitation officer, for the purpose of examining into, removing, or abating any source of filth or cause of sickness, shall be refused entry to any place, complains may be made under oath to any magistrate of the county, whether a member of the local board or not, and said magistrate shall thereupon issue his warrant, directed to some peace officer of the county, commanding him, between the hours of sunrise and sunset, accompanied by two or more members of said board, the health officer, or the sanitation officer, to prevent, remove, or destroy any nuisance, source of filth, or cause of sickness found to exist in said place, which order shall be executed by said officer under the direction of the members of the local board, the health officer, or the sanitation officer. Section 12. Costs of abating nuisances. All expenses incurred by the local boardn proceeding i under the provisions of sections 137. 12 to 137. 15, Code of Iowa, 1954, for the purpose of examining into, removing or abating any source of filth or cause of sickness may be recovered by suit in the name of the local board, or said board may certify the amount of said expense, together with a description of the property, to the county auditor, who shall enter the same upon the tax books as costs for removing a nuisance, and said amount shall be collected as other taxes. Section 13. Interference with Officers. It shall be unlawful to violate any of the rules and regulations of the State or local boards of health, or to interfere with the local board or any of its officers in the performance of their powers and duties. Y Section 14, Duty of Police to Report Violations. It shall be the duty of every police officer who has any knowledge of or has any good reason to believe that any of the provisions of this ordinance are being violated to make report of the same to the mayor or health officer of the local board. Section 15. Citizens May File Complaints. Any citizen who has reason to I believe that any of the provisions of this ordinance are being violated may file an information under oath, and it shall be the duty of the city attorney to prosecute the same before the proper court. Section 16. Compensation for Services. The city council may allow such compensation as shall appear just and reasonable for special services of the health officer or expenses of the members of the board of health in the discharge ' of their duties as such, and also for services of employing medical attendance and consulting physicians. Section 17. Board May Define Nuisances. The board of health may define nuisances and order the abatement thereof, and shall have concurrent jurisdiction and authority with the consent of the city council to provide penalty for violations of the same. Section 18. Penalty. Anyone violating any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty days, or to a fine not exceeding one hundred dollars ($100. 00). Section 19. Repeal. All ordinances, particularly ordinance No. 550, or parts of ordinances in conflict wit,- the provisions of this ordinance are hereby repealed. Section 20. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 14th day of September, 1954. J, Prather, City Clerk J. P. Lawlor, Mayor Moved by Bolton and seconded by Griffith that Temporary Ordinance No. 8, i Permanent Ordinance No. 7G3 be passed on its first reading. Voting Aye: Griffith, Judge, Smith, De Hart, Bolton and Bliss Voting Nay: None Absent: None 1 Moved by Judge and seconded by De Hart that the rules governing the passage of ordinances be suspended, the second and third readings omitted and Temporary Ordinance No, 8, Permanent Ordinance No. 7( 3 be placed i on its final passage. Voting Aye: Griffith, Judge, Smith, De Hart, Bolton and Bliss Voting Nay: None Absent: None Moved by Smith and seconded by De Hart that Temporary Ordinance No. 8, Permanent Ordinance No. 763 do now pass. Voting Aye; Griffith, Judge, Smith, De Hart, Bolton and Bliss Voting Nay: None Absent: None Mayor Lawlor declared Temporary Ordinance No. 8, permanent ordinance No. 76J duly adopted. 1, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that Ordinance No. 763 was duly and properly adopted by the City Council at a meeting on September 14, 1954 and published by codifying on the �6 day of , J. W. Prather, City Clerk I