« ForrigeFortsett »
appointment or election, residents and voters of the parish or municipality in which they are to act as said boards for at least one year and the membership shall be vacated on the removal therefrom of the member, and
No member of said Board, with the exception of the chairman and sanitary officer, shall receive any pay or emoluments in any way for the services rendered as a member of the Board, and
No member shall be in any way, directly or indirectly, interested in any contract for supplies to be furnished or services to be rendered to said Board.
(As aniended by Act No. 44 of 1900.)
Sec. 7. Be it further enacted, etc., That said parish and municipal Boards of Health shall have power and authority to pass health and sanitary ordinances for defining and abating nuisances dangerous to the public health; to regulate drainage and ventilation with reference to human habitation and places of business and public resort; to regulate the carrying on of trade and business injurious to public health; for the disposition of foecal matter and garbage; to regulate the erection of buildings with due regard to the filling of lots and the grading thereof, and the arrangements of said buildings; for the vacation of, demolishing of buildings when necessary for the protection of public health; for the registration of births, deaths and marriages, and the keeping of vital statistics to be registered and reported to the State Board of Health under its instructions and regulations, and generally all health and sanitary ordinances necessary and incident to the proper local sanitation of the parish, city or town in which they exercise their powers.
They shall act under the supervision and advice of the State Board of Health, and shall pass no ordinances in conflict or inconsistent with the powers and duties of the State Board of Health, but shall in all health and sanitary measures which they may adopt, be auxiliary to and act in harmony with the State Board of Health and shall make such reports monthly to said State Board of Health and furnish such other inofrmation as the State Board of Health may require, the same to be embodied in the annual report of the State Board.
The object and purpose of this act being hereby declared to be to entrust full power and authority to such local boards to establish, control and administer all matters of strictly and purely local sanitation, not affecting other portions of the State.
For the City of New Orleans the State Board alone shall nave power to establish quarantines. Local Boards of Health shall have power to establish quarantines with the co-operation of the councils of municipalities and the police juries. The State Board shall have supervisory power over all local quarantines so established.
All necessary expenses, costs and charges of local sanitation shall be borne by the parish, city or town, in which the local board shall be established, and in case the fiscal authorities thereof shall refuse to budget for, appropriate or pay to the same, the local boards shall have right to the writ of mandamus before a court of competent jurisdiction to compel the proper action by said parish, city or town authority.
Sec. 8. Be it further enacted, etc., That in the event that any case shall be reported to, or come to the knowledge of any local board, which is either deemed to be a case of contagious or infectious disease, or suspected of so being, the local board shall immediately isolate the same and communicate the fact buy the most expeditious means at hand to the State Board of Heah, together with the information as to what steps have been taken by the local board to isolate and care for the same, and shall from time to time communicate the progress of the case and disease to the State Board of Health. On receipt of such information by the said Board of Health, the President of said Board shall, if he deem the emergency sufficient and necessary, send expert physicians to be selected by him to examine and diag. nose the disease, and if on such examination and diagnosis the experts shall declare the case to be one of obnoxious or infectious nature, liable to spread, or to become dangerous to the general public health of the State, the State Board of Health or its president shall instruct the health officer of the Board of Health of the parish, city or town as to what additional steps, if any, shall be taken to isolate the case, and prevent the spread of the contagious or infection therefrom and shall require that the local health officer shall immediately conform thereto, and put the same in operation. In the event that said local authori. ties shall fail or neglect to so act within a reasonable time, or in so acting shall fail to do so in a manner satisfactory to the State Board or its president, the State Board or its president shall take charge of the case and manage the same, through its own officers or employes.
All expenses, costs and charges incurred in the management, control and supervision in such cases shall be borne and paid by the parish, town or city in which the case may be, and on the failure of the parish or municipality to reimburse the State Board the ainount of its expenditures incurred in such cases the State Board of Health shall have the right to proceed by writ of mandamus in any court of competent jurisdiction to compel the payment of the same.
In case that any parish, town or city, or any portion thereof, shall become infected with any contagious or infectious disease, to such an extent as to threaten the spread of such disease to the other portion3 of the State. The State Board of Health shall issue its proclamation declaring the facts and ordering it in quarantine, and shall order the local boards of health in other parishes, town and cities, to quaraatine against said locality and shall establish and promulgate the rules and regulations, terms and conditions on which intercourse with said infected locality shall be permitted, and shall issue to the other local sanitary authorities instructions as to the measures adopted in quar. rantining against persons, goods, or other property coming from said infected localities, and these rules and regulations, terms and condi. tions shall be observed and obeyed by all other health authorities, provided that should any other of the non-infected portions of the State desire to add to the regulations and rules, terms and conditions already imposed by the State Board, they may do so, on approval of the State Board of Health. The State Board of Health may, in its discretion, prohibit the introduction into any infected portion of the State, per. sons acclimated, unacclimated or said to be immune, when in its judgment the introduction of such persons would add to or increase the prevalence of the disease. The State Board of Health shall render to the local Boards of Health all the assistance in their power and which the condition of their finances will permit.
Sec. 9. Be it further enacted, etc., That all laws and parts of laws in conflict with, inconsistent with, or superseded by, the provi. sions of this act are hereby repealed, but all laws, or parts of laws, parish or city ordinances, State Board of Health ordinances. State, parish and municipal rules and regulations now existing and not in conflict with, or inconsistent with or superseded by the provisions of this act are continued in full force and effect, and this act shall not be construed or interpreted so as to deprive the State Board of Health, or the local Board of Health of any powers or authorities they may have under existing laws, except in so far as these powers and authori. ties may be modified or changed by the provisions of this act, and then only to the extent of the modification or change. All those parts of the special Act No. 172 of 1874, and the special Act No. 110 of 1878, and the special Act No. 56 of 1896, and of all other special acts relative to Boards of Health in towns, cities or parishes and of Act 92 of 1892, which are in conflict with, inconsistent with, or superseded by the provisions of this act are hereby repealed, and all other parts of said acts not in conflict with, inconsistent with or superseded by the provisions of this act are continued in full force and effect. The president and secretary of the State Board shall not be ex-officio members of the Board of Health of the City of New Orleans, and the president of the State Board shall not be the president of the local Board of the City of New Orleans.
The municipal Board of Health of the city of New Orleans shall have the exclusive right to the collection of all fees and charges, now being made by the present State Board of Health within the City of New Orleans, other than those occuring from the coal oil insepction and the registration of Physicians, Midwives and Dentists. The municipal Board of Health of the city of New Orleans shall also have the exclusive supervision or authority over the meat inspection service and sanitary regulations, at the slaughtering pens or abatoir in the Parish of St. Bernard, with regard to all meat intended for human consumption within the city of New Orleans.
Sec. 10. Be it further enacted, etc., That this act shall go into effect and be operative after its passage and promulgation. The presently existing State Board and local Boards of Health shall turn over to the new boards all the assets, property, records or other things and matters now in their charge and keeping, and thereafter the new boards, shall be considered as successors in office to the old boards, and all rights, actions, claims, or things of value possessed by the old boards shall become vested in the new boards, with full right and power to hold, prosecute and defend the same just as if no change had been made in said boards.
Approved July 14th, 1898.
ACT NO. 199 OF 1898.
Relative to the registration of voters throughout the State, and to
provide for the appointment of a Supervisor of Registration for the Parish of Orleans and Clerks of Registration throughout the State; to fix their compensation; define their duties and powers; to define the duties of certain officers, and to regulate the manner and mode of registering voters throughout the State; to provide for new registration throughout the State, the Parish of Orleans included, and to provide for the appointment of special canvassers, and to prescribe penalties for the violation of this act.
Sec. 12. Be it further enacted, etc., That it shall be the duty of the criminal sheriff of the Parish of Orleans to furnish the Supervisor of Registration on or before the fifth day of each month a list under oath, of the name, age and residence of all male persons who have been committed to prison, as convicts, during the preceding month. It shall be the duty of the keepers of the Insane Asylum to do the same in regard to all persons committed to said asylum. It shall be the duty of the Board of Health to deliver on or before the fifth day of each month, to the Supervisor of Registration, the list of the names, age and residence of all males over twenty-one (21) years of age who have died in the parish of Orleans during the period of the preceding month; and in the event of any such criminal sheriff, president of the Board of Health, or keepers of any insane asylum failing or neglecting to perform the duties required under this section he or they shall be liable to a fine of twenty-five ($25) dollars for each omission or failure to comply with the provisions of this section to be recovered before any court of competent jurisdiction, and said fines shall accrue to the Charity Hospital in said parish; and it shall be the duty of the Supervisor of Registration to prosecute such officers as aforesaid so offending. The Supervisor of Registration shall cancel and erase from the books the names of all such persons so reported as may have been registered, and said supervisor shall also keep a book or books for reference of all the reports so made to him under the provisions of this section, and all erasures by him made and based upon the aforesaid reports, and for any violation of this section by the Supervisor of Registration he shall, upon conviction, be fined one thousand ($1,000) dollars for the benefit of the Charity Hospital.
Approved (July 14th, 1898.
ACT NO. 4 OF 1899, E. S.
Proposing an amendment to the Constitution of the State of Louisiana
relative to ratifying and carrying into effect a special tax levied lu the City of New Orleans for certain public improvements, and to establish therein public systems of sewerage and water, the 18suance of bonds therefor and the providing ways and means to pay the principal and interest of said bonds.
Section 1. Be it resolved by the General Assembly of the State of Louisiana, Two-Thirds of all the Members elected to each House concurring; That the following amendment to the Constitution of the Stace be submitted to the electors of the State at the next general election for representatives in the Legislature, to be held on the Tuesday next following the third Monday in April, A. D. 1900, to-wit:
Article 1. “The special tax for public improvements, voted by the property taxpayers of the City of New Orleans on June 6, 1899, and levied by the City Council, by Ordinance No. 15,391 approved June 22, 1899, is hereby ratified, and its validity shall never be questioned. The special act adopted by the Legislature at the Special Session held on August 8, 1899, constituting the Sewerage and Water Board of the City of New Orleans, authorizing the City of New Orleans to issue bonds, and providing the means to pay the principal and interest thereof, and for other purposes cognate to the purposes of the special tax aforesaid, is hereby ratified and approved, specially including the therein reserved legislative right to amend the same; and all provisions of the present Constitution in conflict with the provisions of said act, and with this amendment, are to that extent and for that purpose only repealed."
Section 2. Be it further resolved, etc., That o! the official ballots, to be used at said election, shall be placed the words, “For the City of New Orleans Public Improvement Amendment"; and the words "Against the City of New Orleans Public Improvement Amendment," and each elector shall indicate, as provided in the general election laws of the State which of the propositions, for or against he votes for.
Approved August 18, 1899.
ACT NO. 6 OF 1899, E. S.
(As amended by Act No. 85 of 1902; Act No. 111 of 1902; and Act
No. 69 of 1904).
To make effective the vote and levy of the special tax by the property
taxpayers of the City of New Orleans for water, sewerage and drainage purposes by authorizing the capitalization of said tax by the issuance of fifty year bonds of the City of New Orleans, under certain conditions and with certain privileges and restrictions, providing for the payment of the principal and interest thereof, for the disposition of the said bonds and the proceeds thereof, and defining the powers and duties of the Board of Liquidation with reference thereto; by constituting and establishing a Sewerage and Water Board for the City of New Orleans, and defining its powers, duties, rights and obligations with reference to the public, the City Council, the Board of Liquidation, and the Drainage Commission, and vice versa, by authorizing the City of New Orleans, through said board, to acquire all necessary property rights and franchises by purchase, construction or expropriation, either with. in or without the city, necessary and proper for her public systems of sewerage and water and in such case to assume as part of the purchase price existing mortgages on said property, and to provide for the payment of principal and interest of such assumed debts; and to provide for the violation of said Act.
Whereas, due notice of this act has been published in the City of New Orleans for more than thirty days prior to its introduction into the General Assembly, and due evidence thereof has been exhibited in the General Assembly;
And, Whereas, On June 6, 1899,the property taxpayers of the City of New Orleans in due form of law voted a special tax of two mills on the dollar for forty-three years, beginning with the year 1899, upon certain conditions set forth in the property taxpayers' petition, made the basis of said election, the proceeds whereof are to be exclusively devoted in such ratio as may be required to the following purposes of permanent public improvement, to-wit:
1. To acquiring title by the city by construction, or purchase, or both, to a system of waterworks, to the extension thereof throughout the city, inclusive of the Fifth District, and to the purification of the water supply therefrom.
2. To the construction throughout the city, inclusive of the Fifth District, of a free sewerage system, with free water therefor, the title whereof shall be in the city.
3. To the completion of the public drainage system of the city of New Orleans, inclusive of the Fifth District, now in process of construction.
And, Whereas, the Common Council of the City of New Orleans did by Ordinance No. 15,391, C. S., approved June 22, 1899, levy the said tax upon the said conditions, and provide for the establishment of said public systems of sewerage and water;
And Whereas, the said conditions so imposed upon the said tax require legislative action to make them thoroughly effective so that the purposes of said tax levy may be fully carried out:
Section 1. Be it enacted by the General Assembly of the State of Louisiana, that subject to the ratification of the people of the State of Louisiana, by an amendment to the Constitution of the State, the whole proceeds of the special tax of two mills voted by the property taxpayers of the City of New Orleans on the sixth day of June, 1899, on the basis of the assessed values of the City of New Orleans for the