□ODIFIED ORDINANCES BOARD OF HEALTH. DECEMBER 31, LS73. NEW ORLEANS: .John W. Madden, print. 73 Camp street. ORDINANCES OF THE BOARD OF HEALTH OF THE STATE OF LOUISIANA, IN FORCE ON THE 14th DAY OF JUNE, A. D. 1872. OFFICE BOARD OF HEALTH, City of New Orleans. Preamble, adopted May 18, 1871. Whereas, Under section six, of an act of the General As- sembly of the State of Louisiana, entitled "An act to amend an act entitled 'an act to establish quarantine for the protection of the State,' " approved March 16, 1870^-power is given to the Board of Health of the State of Louisiana, to pass and enforce by adequate tine, not to exceed in any case fifty dollars, sani- tary ordinances for and within the city of New Orleans, and the parish of Orleans and Jefferson, on the right bank of the Mississippi river, winch said ordinances shall be enforced in the name of said board by civil suit, in any court of competent jurisdiction. Therefore, the said Board of Health have passed and adopted the following sanitary ordinances, for and within the said ter- ritory. ANIMALS. Ordinance, May 18, 1870. Sec. 12. Any person who shall keep a hog or hogs within the pound limits of the city of New Orleans, or permit such hog or hogs to run at large, shall be subject to a fine not to exceed ten dollars, and the court, in rendering its judgment, shall at the same time order the offender to remove such hog or hogs beyond said pound limits within the next twenty-four hours; HOGS. 2 and in default of such offender to obey said order, he shall be liable to a fine not to exceed ten dollars ; and such fine shall be repeated until such hog or hogs .are removed; provided, that this section shall not apply to the Fifth and Sixth Districts of the city of New Orleans, unless in cases where the removal of such hog or hogs is recommended by the respective sanitary inspector of those districts. DISEASED ANIMALS. Ordinance, May 18, 1870. Sec. 13. All animals sick with any contagious, infectious or epidemological disease, shall be removed at once beyond the limits of the city of New Orleans, by the person or persons owning or having charge of such animals; and in default of such removal, such person or persons shall be liable to a fine not to exceed fifty dollars, and such animals shall be removed by the Board of Health, at the expense of such person or persons. DEAD ANIMALS. Ordinance, May 18, 1870. Sec. 14. Whenever any horse, mule, cow or other animal shall die within the limits under the control of the Board of Health, it shall be the duty of the owner or keeper thereof to have it forthwith removed to properly located and authorized factories, to be disposed of for useful purposes, under proper regulations, or to bury such animal beyond the limits of the city of New Orleans, in a hole of sufficient depth, or to cast the same, or cause it to be cast, from the nuisance wharves into the river, at least a quarter of a mile below the lower limits of the city. And any person failing or neglecting to comply with the provisions of this section, or any part of them, within twelve hours after the death of such animal, shall be liable to a fine not to exceed thirty dollars. Ordinance, May 18, 1870. Sec. 15. Any person who shall hereafter cast or throw dead animals, carrion, ordure or other offensive oi unhealthy matter into the river, except at the points designated by law, shall be liable to a fine not to exceed fifty dollars. 3 ARTICLES OF COMMERCE, OR BUSINESS PREJUDI- CIAL TO HEALTH. Ordinance, May 18, 1870. Sec. 16. Any person or persons who shall bring or cause to be brought into the limits of the city of New Orleans, any hides, bones, peltry, rags or other articles whatsoever, which may tend to produce infection, or in any way to injure or endanger health, shall be liable to a fine not to exceed fifty dollars; pro- vided, that the Board of Health may issue permits for the in- troduction of hides, bones, peltry and rags, in cases in which they shall be satisfied that no noxious effects are to be feared from them. Ordinance, May 18, 1870. Sec. 17. Any person or persons who shall sell, or offer or expose for sale, in public or private, any blown, stale, decaying, putrid, rotten or unwholesome provisions, vegetables, fruits or tainted meats or fish, or any impure or unsound food, or any drink liable to be injurious to health, or the flesh of any animal that has died of disease or which was diseased when killed, shall be liable to a flue not to exceed fifty dollars. Ordinance, May 18,1870. Sec. 18. Any person who shall adulterate or cause to be adulterated, in a manner liable to injure health, whether such article be intended for sale or otherwise, any substance in- tended for food, or any liquor intended for drink, or any drug or medicine, or shall offer for sale any such adulterated article, shall be liable to a fine not to exceed twenty dollars. Ordinance, May 18, 1870. Sec. 19. Any person who shall hold, keep or expose for sale any poisonous drug, medicine, preparation or substance, or shall give, prescribe or administer the same, except for law- ful purposes aud with proper motives, and by persons compe- tent to give the directions and precautions as to the use there- of, or shall deliver or suffer, or cause to be delivered to any person any bottle, box, parcel or receptacle containing such article, unless the same is marked " poison," in large and legi- ble letters, or under any circumstances, to any person who may be suspected, judged or presumed capable or desirous of using 4 such article for any illegal or improper purpose, shall be liable to a fine not to exceed twenty-five dollars for each offence. Ordinance, May 18, 1870. Sec. 20. Any distiller, brewer or keeper of any workshop, manufactory or laboratory, or warehouse-keeper or owner, or soap-boiler, chandler or any other person, who shall have, keep or use, or produce or store within the limits of the district under the control of the Board of Health, any foul, fetid, putrid, or offensive or injurious matters, substances, odors or vapors, liable to injure health, shall be liable to a tine not to exceed fifty dollars, and the said board shall., if it deem it necessary, and unless the evil complained of be at once abated, close all such places, and stop all such business, the continuance of which is liable to injure health. Ordinance, May 18,1870. Sec. 21. Any person who shall sell, or expose or offer for sale any unwholesome, watered or adulterated milk, or milk known as swill milk, or milk from cows fed on swill, garbage or other unhealthful matters, or watered milk, or any butter or cheese made from any such milk, or any unwholesome butter or cheese, shall be liable to a tine not to exceed twenty dollars. BUILDING LOTS. Ordinance, May 18, 1870. Sec. Any person who shall in part or wholly till up any lot of ground with street scrapings, manure, offal or any foul or feculent matters, shall be liable to a fine not to exceed twenty- five dollars. And if, upon the order of court, such person does not forthwith remove such foul or feculent matters, he shall be liable to be fined again, and such fine shall be repeated until the evil complained ot is wholly abated. Ordinance, July 7, 1871. Sec. 1. It shall be hereafter the duty of the sanitary in- spectors, whenever within their respective districts, any build- ing is being built, or is about to be built, to examine the lot of ground upon which such building is being built, or about to be built, to ascertain whether or not the level of such lot is below the level of the banquettes bordering upon or adjacent thereto, 5 and if they shall ascertain that the level of such lot is below the grade of the banquettes thereto adjacent, they shall report the condition of said lot to the Board of Health, and if it shall appear to the Board of Health that the dampness or defective drainage of such lot is such as to endanger the lives or health of persons who may thereafter occupy, lease or rent such premises, or persons living neighboring thereto, said Board shall issue such orders in the premises as to the filling up of said lot or the suitable drainage of the same as the said Board shall deem necessary, and the owner or owners of such lot shall be bound to obey such orders within the delay named therein, and in default thereof shall be liable to a fine of fifty dollars for each and every failure to do so. Ordinance, June, 1872. Sec. 1. Before any owner, contractor or other person shall erect any dwelling or building upon any lot of ground within the city of New Orleans, he shall obtain from the office of the Board of Health of the State of Louisiana a certificate show- ing that the level of such lot is not below the level of the ban- quettes adjacent thereto, or that such lot is provided with ample drainage facilities, so as not to be dangerous, from damp- ness or defective drainage, to life or health. Any owner, con- tractor or other person violating any portion of this ordinance shall be liable to a fine of fifty dollars. CLEANLINESS OF STREETS, ETC. Ordinance, May 18. 1870. Section. 1. Any person who shall keep, throw or deposit any offal, filth, foul or offensive matter, corrupt or putrid water, or any shells, hay, straw, kitchen-stuff, paper, cloth, vegetable matter, or any substances of any kind that may be offensive to smell, or injurious to health, or liable to become so, in any yard, lot, space or building, sidewalk, gutter, drain or canal, or shall suffer or allow or permit the same to be done or to remain shall be liable to a fine not exceeding twenty dollars for each and every offense; provided, that ordinary refuse and sweepings from stores, dwelling houses and other tenements, and kitchen offal shall be deposited in tubs, boxes, barrels, 6 baskets, or other suitable receptacles, and be placed on the outside of the .banquettes, convenient to be taken off by the offal carts: and that from the fifteenth of March to the fif- teenth of October of each year, such deposits shall be made not earlier than three o'clock A. M., nor later than seven o'clock A. M., and from the sixteenth of October to the fourteenth of March, inclusive, such deposits shall be made not earler than three o'clock A. m., nor later than eight o'clock a. m., and the receptacles as above shall not be left on the banquettes after the hour of half past nine A. M. during the year; and the phrase "any person" shall be held to include not only the ad- jacent proprietor, resident, occupant, or person actually doiug, or who has done any of the things named herein, but also any one whose duty it is by law or contract to remove, or cause to be removed or carried away, any such matters, sub- stances or things as are herein set forth or intended. Ordinance, May 18,1870. Sec. 2. No person shall impede or obstruct the passage or flow of water in any gutter, ditch, draining pipe or drain, or in any matter dam the same, under a penalty not exceeding ten dollars. Ordinance, May 18, 1870. Sec. 5. The Board of Health may remove or cause to be re- moved any decayed or decaying, or diseased vegetable matter, or other unhealthful or diseased matter, wherever the same may be, to' such place or places as may by said Board be se- lected, at the expense of the owner of said matter or the occu- pant or owner of the premises where or adjacent to which the same may be. Ordinance, May 18, 1870. Sec. 6. All the slaughterhouses, dairies, stables, and other places iu which animals are kept, whether for profit, pleasure, use, or any other purpose, shall be kept cleau and wholesome by daily removal of all ordure, urine, manure, and any other offensive matter; any person liable for neglect under this sec- tion shall suffer a flue not exceeding fifteen dollars. 7 COMPLAINTS. Ordinance, May 18, 1870. Sec. 34. It shall be the duty of all good citizens to lodge complaints at the office of the Board of Health, or with the Sanitary Inspectors, or with the officers of the Sanitary Police, of any violations of this ordinance; and in order to facilitate such complaints, books of complaint shall be kept at the office of the Board of Health, and at the office of each Sanitary Inspector; and said books shall, at all times, be open for entering therein any such complaint or wrong. CONTINUED OFFENSES. Sec. 37. Whenever, under any of the sections of this ordi- nance, the offense complained of shall be of such a nature as to require any act or thing to be done, or not to be done, as the case may be, the court shall, at the same time it renders judgment, give the proper order to cause such act or thing to be done, or not to be done, as the case may be. And the per- son so ordered to do, or not to do, as the case may be, any such act or thing, shall, within the delay fixed by the court, obey such order or be liable to be fined again, till such order is fully and completely complied with. DWELLING HOUSES. Ordinance, August 12, 1870. Sec. 1. The Board of Health shall, for proper cause for the protection of life and health, declare, in its discretion, any house, or dwelling, or place, uninhabitable, and shall forthwith order such house, dwelling or place to be vacated and closed, and such house, dwelling or place shall not be occupied again until it shall appear, by the action of such Board or its proper officers, that such houses, dwellings or places have been so renovated, cleansed or repaired, that the same may be used as a habitation without peril to life and health. Any person who shall neglect or refuse to obey, or shall disobey any order of the said Board, given by virtue of this section, or shall, in any way, violate this section, shall be liable to a fine not to exceed fifty dollars. 8 Ordinance, August 12, 1870. Sec. 2. Whoever shall rent any dwelling or tenement house, shall provide that the same be amply supplied with hydrant water, or with a cistern or cisterns of a capacity of at least four hundred (400) gallons to each room of such dwelling or tenement house, under liability to a fine not to exceed fifty dollars. Ordinance, August<12, 1870. Sec. 3.. Whenever, for the protection of life or health, the Board of Health shall deem any dwelling or tenement,house or habitation to be overcrowded, and that thereby disease has been, or may be engendered, it shall, in its discretion, order such dwelling, tenement or habitation, to be in part vacated, so that the danger of the disease may be removed or arrested. And it shall be the duty of the owner of such dwelling, tene- ment or habitation, and of the lessee thereof to cause such order to be strictly obeyed ; and for failure or refusal so to do such tenant or owner shall each be liable to a fine not to exceed fifty dollars. INFECTIOUS OR CONTAGIOUS DISEASES, ETC. Ordinance, May 18, 1870. Sec. 24. The Board of Health shall remove to the hospital or other place of treatment, any person or persons suffering from small-pox, whenever such removal shall, in the discretion of said Board, be deemed necessary for the proper treatment of such person or persons, or for the prevention of the spread of said disease. Ordinance, May 18, 1870. Sec. 25. The Board of Health shall, at its discretion, prevent access to, or egress from, or cause to be vacated, any infected building, place or locality, and to fumigate, or otherwise dis- infect any such building, place or locality, whenever, in the discretion of said Board, such action shall be deemed neces- sary to prevent the spread of said disease. Ordinance, May 18, 1870. Sec. 26. The Board of Health shall disinfect or destroy, by burning or otherwise, any infected clothing, bedding, or any 9 substance or material, whenever, in the discretion of said Board, such action shall be deemed necessary to prevent the spread of disease. Ordinance, May 18,1870. Sec. 27. Any person who shall remove, or assist in, or cause the removal of any person sick with any contagious, infectious, or other disease dangerous to public health, from the house or dwelling in which such person may be, shall be liable to a fine not to exceed twenty dollars, except written permission be first had from the Board of Health or its proper officers. Ordinance, July 14, 1871. Sec. 1. Whenever, within the discretion of the President of the Board of Health, it shall be deemed necessary for the protection of the general health of the community to remove any person affected with any infectious, contagious or other disease, he shall give such order to the proper officer of said Board, or other person, designating such place of removal, and he shall likewise issue such order for vacating, fumigating or disinfecting any house, building, place or premises from which such removal has been made, or where such disease has been, or other premises, as by him may be deemed necessary; and if any person or persons shall offer any obstruction to, and refuse to allow such removal, vacation, fumigation or disinfection to be made, such person or persons shall be liable to a fine not exceeding the sum of fifty dollars. Ordinance, May 18, 1870. Sec. 28. All practitioners of medicine, masters of any water craft, hotel, boarding or lodging house keepers, principals or masters of any boarding school or seminary, the chief officers or persons in charge of any public institution of charity or asylum, or otherwise, are hereby required to report, within twenty-four hours, to the office of the Board of Health, all cases within their cognizance of Asiatic cholera, yellow fever, typhus or ship fever, malignant scarlet fever, small pox, varioloid, trichi- niasis, or any other case that may at any time be specified by the Board of Health, and in default or failure to so report such cases, such person so failing or in default shall be liable to a fine not to exceed fifty dollars; provided, however, that said 2 10 Board may declare it unnecessary to report further cases, when any disease shall have been pronounced epidemic. Ordinance, May 18, 1870. Sec. 29. No child shall be admitted as a pupil in any public school without a certificate from a practising physician, or proof of successful vaccination. The Board of Health will at all times provide the means for gratuitous vaccination at the office of either of the Sanitary Inspectors. NUISANCES. Ordinance, May 18, 1870. Sec. 3. Any person who shall commit a nuisance in any public place or street, whereby the purity of the atmosphere may be, or liable to be affected, shall be liable to a fine of not less than five dollars for each offense. Ordinance, August 17, 1870. Sec. 1. Whenever, in the opinion of the Board of Health, there exists any nuisance, the continuance of which shall en- danger life or health, the said Board shall, through its proper officers, notify the owner or tenant of the premises where such nuisance exists, or the person responsible for the existence of such nuisance, to abate the same forthwith ; and for any failure or neglect to obey any such order of said Board, the person so failing or neglecting shall be subject to a fine of not to exceed fifty dollars ($50); and the court shall, at the time of ordering judgment, also render judgment ordering the defendant to obey such order of the Board of Health within a reasonable time, to be fixed by the court; and if the defendant fail or neglect to obey such order, within the delay fixed by the court, he shall be deemed to be guilty of a new offense, and be again liable to the herein before named penalty. NUISANCE CARTS. Ordinance, May 18, 1870. Sec. 4. The Board of Health shall prevent, at any time, the dumping or depositing of offal or offensive matter by the offal carts, or carts employed to remove such offal and offensive matter by persons contracting to clean the public streets, in any place, when and where the said Board or its proper officers 11 shall deem such dumping or depositing detrimental, or liable to become detrimental to health; and said contractors and other persons shall be bound to obey all orders, under this section, issuing from the Board of Health, under a penalty not to exceed twenty-five dollars for each offense. Ordinance, May 18, 1870. Sec. 10. Contractors for cleaning public streets and places shall remove all matters and substances deposited in boxes, etc., as provided under Section 1 of this ordinance, at or be- fore the hour named in their contract with the city, and for any neglect so to do, shall be liable to a fine not to Exceed twenty-five dollars for each offense. Ordinance, May 18, 1870. Sec. 11. Any person who shall convey through any street or public highway, or any suburb, by means of any conveyance whatever, or in any manner, any ordure, excrement or other foul or offensive matters, except between the hours of 11 P. M. and 4 A. M., shall be liable to a penalty not to exceed fifty dollars. All carts and vessels for the removal of such ordure, excrement, foul or offensive matters, shall be water-tight, and shall be thoroughly washed and disinfected by such means and such manner as the Board of Health shall direct, immediately after being emptied, and at the point where such carts or vessels shall have discharged their contents. Any person fail- ing so to do, shall be liable to a fine not to exceed twenty-five dollars. Ordinance, June 14, 1870. Sec. 1. Every vidangeur, or other person engaged in the business of a vidangeur, shall have attached to each of his carts or wagons used in such business, a lighted lantern or lamp, on which shall be painted in distinct figures, at least two inches high, the number of said wagon or cart, and for failure or neglect to do so shall be liable for each offense to a fine not exceeding twenty-five dollars. OBSTRUCTING EXECUTION OF ORDINANCES. Ordinance, May 18, 1870. Sec. 25. Any person wilfully obstructing, hindering, or 12 resisting any officer or person, authorized by the Board of Health to enter into or upon premises for the purpose of ex- amining the same, shall be liable to a fine not to exceed fifty dollars. Ordinance, May 18, 1870. Sec. 30. Any person wilfully obstructing, hindering or resist- ing any officer or person authorized by the Board of Health, in the execution or enforcement of any sanitary ordinance, or order of said Board, shall be deemed equally offending, and be subject to the same penalty as if he were the real offender. PRIVIES. Ordinance, May 18, 1870. Sec. 8. Any privy hereafter constructed shall be not to ex- ceed two feet below the surface of the ground, and be walled with brick or stone, laid in cement its whole depth, with water- tight bottom, and said wall shall be raised at least one foot above the surface of the ground, and shall be so constructed as not to have any issue or opening on any street, way, yard or place, nor shall it be within three feet of any street or way, and shall, if built adjacent to any wall, whether a party wall or otherwise, be separated therefrom by solid masonry of not less than two feet in thickness, laid in cement, and thoroughly waterproof, and shall have a flue or ventilator, sufficient for ventilation, extending above the surrounding windows, or com- municating with a chimney. Any person building or causing any privy to be built in contravention of this section, or any part of it, shall be liable to a fine not to exceed twenty dollars. And the court before which suit may be brought for violation of this section, or any part of it, shall, in rendering its judg- ment, order such privy to be reconstructed in accordance with the provisions of this section, within a reasonable time, and, in default of such compliance with such order, the party so fail- ing to comply shall be subject to like penalty and punished as in the first instance; and the Board of Health may cause such order to be complied with at the expense of the person ordered as aforesaid ; said expense to be recovered in any court of com- petent jurisdiction at the suit of said Board. 13 Ordinance, May 18, 1870. Sec. 9. Whenever any privy shall be filled to within one foot of the surface of said vault, or whenever the Board of Health shall, through its proper officers so order, such privy shall be emptied by the owner or tenant of the premises, within forty-eight hours; and the emptying of such vault, or of any vault, shall take place between the hours of eleven o'clock, p. M. and four o'clock, A. m., and at least twenty-four hours before the removal of the contents of any vault, it shall be thoroughly deodorized with copperas, carbolic acid, or some other agent, as directed by the Board of Health. Any violation of this sec- tion or part thereof, shall subject the offender, whether owner or tenant or person making such removal, to a fine not exceed- ing twenty-five dollars. Ordinance, June 14, 1870. Sec. 1. Whenever, in the opinion of the proper officer or officers of the Board of Health of the State of Louisiana, any privy or privy vault shall be in a condition such as to require the same to be disinfected or deodorized, he or they shall cause notice thereof to be given to the owner or tenant of the prem- ises, where such privy or privy vault may be, to deodorize or disinfect such privy or privy vault within a delay of thirty-six hours, and for any refusal or neglect to obey such notice, with- in said time, such offender shall be liable to a fine not exceed- ing the sum of ten dollars. TOMBS, GRAVES, OR VAULTS, AND REMOVALS OF DEAD BODIES. Ordinance, June 14, 1872. Sec. 1. No tomb, grave, or vault, containing any dead body, shall be opened without permission first had from the proper officers of the Board of Health, in writing. Any person vio- lating this ordinance shall be liable to a fine of not to exceed fifty dollars. Ordinance, May 18, 1870, amended June 14, 1872. Sec. 23. Any person who shall disinter or disentomb any human body or the remains thereof, within the district under the control of the Board of Health, without authority first had 14 from the proper officers of said Board, or shall remove beyond the limits of said district, or introduce therein or inter any human body or the remains thereof, without leave first had from the proper officers of said Board, shall be liable to a fine not to exceed fifty dollars. SEXTONS. Ordinance, May 18, 1870, amended June 14, 1872. Sec. 31. Every sexton or other person having the care or charge of any cemetery, graveyard, or burying ground, shall, on Monday of each week, before the hour of 9 A. m., make a writ- ten report and hand the same into the office of the Board of Health, which said report shall contain the full name of each and every person buried or entombed in such cemetery, yard or ground, during the seven days next preceding six o'clock p. M. of the last Sunday before making such report, together with a statement of the color, sex, age, nativity, the cause of death of such person, occupation, place of death, condition, birth- place of parents, and such other information as the Board may from time to time require; and for failing to make such report within the time, or in the manner herein set forth, such sexton or other person shall be liable to a fine not to exceed twenty- five dollars. TOLLING OF BELLS. Ordinance, May 18, 1870. Seg. 30. No bell shall be rung or tolled at any funeral with- out a permit therefor obtained from the Board of Health; nor shall any such bell be tolled at any time to the prejudice or peril of the life or health of any human being. Any violation of this section will render the offender liable to a fine not to exceed twenty dollars. THEATRES, ETC. Ordinance, May 18, 1870. Sec. 33. Any person or persons, being the lessee, manager, conductor or owner of any theatre or any place where any play, concert, opera, circus, exhibition, dance, ball, lecture is had, or 15 place of amusement, who shall cause or permit, or allow the same, or any part thereof, to be so far overcrowded or inad- equate, faulty or insufficient in respect of strength, ingress or egress, cleanliness or ventilation, as that thereby any needless peril to life, limb or health shall come or happen, or be incurred or suffered by any person properly at or in any such place, shall be liable to a fine not to exceed fifty dollars.