110

STATE BOARD OF HEALTH.

Laws Relating to the Public Health.

matter of prudence something of this kind should be done annually by every town board on the organization of the Board of Health, even though the town board and the Health Board are made up of the same individuals, the two bodies being legally distinct in their character and functions.

In addition to the laws and sections here cited, chapter 252, laws of 1880, provided for the appointment of a State Analyst from among the professors of the State University, to whom samples of foods, drugs, etc., might be submitted for examination. The term of office was fixed at three years, but there being no provision for the appointment of a successor to the first appointee, at that expiration of the term, the law thus became void by limitation.

SUGGESTIONS FOR THE PREPARATION OF SANI

TARY ORDINANCES,

WITH MODEL FORMS.

NOTE- In response to requests for forms or models of ordinances suitable for sanitary regulation, the State Board of Health has prepared the following code as being fitted for adoption and enactment by a large majority of the towns, villages and cities of Wisconsin.

This code has been prepared after careful study of a large number of the ordinances in force in different places, both in Wisconsin and elsewhere. It will be seen that it does not cover many points concerning which ordinances are necessary in the government of large cities, as for instance the construction of sewers and buildings, the connection of these with each other, the placarding of houses where contagious disease exists, the requirement of burial permits, etc., the object being to present a code specially applicable to the needs of smaller communities, to which such ordinances as are necessary in larger places may be added as their special needs require.

In some localities it may be desirable to select only parts of the code here presented, or to modify other parts to suit special local needs. However they may be, any ordinances adopted by any community should be clearly drawn and should express their meaning in unmistakable terms, and each ordinance or each section of a comprehensive ordinance should specifically and explicitly state the penalty for any violation thereof. Further, before any attempt by a Board of Health to perform any official act the Board should take care that its own organization is fully perfected and legal. This pre-supposes a formal and distinct organization as a health board (even though the individuals composing it are the same as those who form the municipal board), the election of a chairman and clerk, the appointment of a health officer and the qualification of all the members of the board, including the health officer, for the special duties of a Board of Health, in the same manner as members of the town or village board, or city council are qualified for the special duties of a governing board. Instances have been reported to the State Board of Health in which health officers have been appointed and have served throughout their terms without legally qualifying for the position. This should in no case be permitted; the organization should always be fully perfected before any steps are t ken to exercise authority. It is of course necessary that the facts of ap

Suggestions and Forms for Sanitary Ordinances.

pointment and organization, as also all of the official acts of the board be fully and clearly recorded.

ORDINANCE AND NOTES.

Ordinances for the protection of the public health have all the force of law for the community under the jurisdiction of the adopting board; every such ordinance should therefore have an appropriate title setting forth its objects, and a proper enacting clause. The following are suggested as being suitable for the purpose:

AN ORDINANCE for the better protection of the public health, and for the restriction and prevention of contagious disease.

The .. ....of the [town, village or city] of .. by virtue of the powers vested in it by the general laws of the state of Wisconsin, does ordain as follows:

SECTION 1. Whatever is dangerous to human life or health, and whatever renders the soil, or the air, or the water, or any articles of food or drink unwholesome or impure, is hereby declared to be a nuisance and illegal; and any person who shall cause, create or maintain any such thing or condition, or who shall in any way aid or contribute to the causing, creation or maintenance thereof shall be deemed guilty of a violation of this ordinance, and shall be liable for all the costs and expenses attendant upon the removal of such thing or condition, and to any penalty that may be hereinafter specially provided in connection therewith.

Section 1 of the ordinance here presented is a comprehensive general section, substantially the same as recommended by several State Boards of Health. It is designed to cover any offence against sanitary law not specifically mentioned in the sections that follow, and to make the offender responsible for at least the cost of rectifying his misdeeds.

SECTION 2. All places and premises within the limits of this..... .in which conditions exist that are, or that

Suggestions and Forms for Sanitary Ordinances.

may at any time become unwholesome, offensive or dangerous to the public health, or in which meat, milk, vegetables, or any kind of perishable food is kept or offered for sale are hereby declared to be subject to inspection and control by the Board of Health; and the owners, occupants, or persons in charge of, or responsible for the condition of such places or premises shall observe and obey such general or special rules and regulations concerning the same as the Board of Health may find it necessary to adopt in the interests of the public health. And any person who shall refuse or neglect to obey any general or special rules, regulations or directions made or given by the Board of Health under the provisions of this section, shall be liable to a fine of not more than five dollars for each day of such refusal or neglect, or to imprisonment for a term of not more than ten days, or to both such fine and imprisonment at the discretion of the

court.

Section 2 is intended to place all stables, barns, cattle-yards, stockyards, markets, tenement houses, lodging houses, places of public assembly, etc., etc., under the supervision of the Board of Health. There are, of course, many among the smaller towns and villages of the state where no such provision is necessary, but there are many others in which conditions ex ist that are well known to be dangerous to the public health, but with which conditions no one is inclined to interfere in the absence of any formal ordinance or regulation authorizing action. Under this section the Health Board may at any time enter on premises and direct the abatement of nuisances existing thereon. Section 1415 of the Revised Statutes gives full directions for proceeding in the event of resistance being made to the entrance of the Board.

SECTION 3. No person shall keep or deposit, or cause or permit to be kept or deposited upon or adjacent to any public road, street, alley, thoroughfare or place, or upon any land or premises, or in any stream or other body of water within the limits of this.... any dead animal or portion thereof, or any putrid, foul, unwholesome or offensive thing, or shall suffer or permit any foul-smelling, dele

8-B. H.

Suggestions and Forms for Sanitary Ordinances.

terious or offensive water or other liquid to accumulate or become stagnant upon any lands or premises owned or occu. pied by him, or to flow therefrom over or through any pub. lic road, street, thoroughfare or other public place; and any person who shall violate the provisions of this section shall be liable on conviction thereof to a fine of not more than wenty-five dollars, and not less than five dollars for each day of the continuance of such offence after notice has been given by the Board of Health requiring the abatement thereof, and to all the costs and charges incurred in the removal and proper disposition of such things or matters, or to imprisonment for a term of not more than thirty days and not less than five days, or to both such fine and impris onment, in the discretion of the court.

Section 3 is designed to provide for the prevention of the practice of depositing dead animals or other putrescible matter by the road-side or other public place, where they will create so great a nuisance as to compel their burial or removal at public cost. In some places more stringent regulations may be needful.

SECTION 4. No person shall establish, maintain or carry on within the limits of this..........any slaughter house or any form of business or manufacture whereby any nuisance, offence or danger to the public health may be created without having first obtained a permit from the Board of Health authorizing the establishment and prosecution of such form of business or manufacture in the location proposed; and no offensive or deleterious product, or refuse, or waste substance from such business or manufacture shall be allowed to accumulate upon any premises, or to be thrown into or upon any public road, street, thoroughfare or other place, or into any stream or other body of water; and every person conducting or managing such business or manufacture shall use all practicable means to keep the premises whereon the same shall be prosecuted at all times in a cleanly and inoffensive condition, and to protect the public health from being endangered thereby; and all buildings