[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 9-28-1959 as Ord. No. 30. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 93.
This chapter shall be known and may be cited as the "Health Ordinance of the Township of Whitpain."
The following terms, when used in this chapter, shall have the meaning herein indicated, except where the context clearly indicates or requires a different meaning:
- DEPARTMENT OF HEALTH
- The State Department of Health of the Commonwealth of Pennsylvania.
- HEALTH OFFICER
- An adult citizen or citizens of Whitpain Township experienced or trained in public health work and the same as a Sanitary Officer.
- SANITARY BOARD
- A board of five adult citizens of Whitpain Township appointed by the Supervisors.
- The Secretary of the Sanitary Board.
- SECRETARY OF HEALTH
- The Secretary of Health of the State Department of Health of the Commonwealth of Pennsylvania.
- The Supervisors of Whitpain Township, Montgomery County, Pennsylvania.
- The Township of Whitpain, Montgomery County, Pennsylvania.
On or after the effective date of this chapter, the health laws in Whitpain Township shall be administered by a Sanitary Board and such officer or officers as may be appointed by said Board.
The township hereby creates a Sanitary Board composed of five members to be appointed by the Supervisors, at least one of whom shall be a reputable physician of not less than two years' experience in the practice of his profession. The Board members shall serve for terms of five years, except that of the terms of the members first appointed, one member shall be appointed so that his term shall expire on the first Monday of January 1960; one member shall be appointed so that his term shall expire on the first Monday of January 1961; one member shall be appointed so that his term shall expire on the first Monday of January 1962; one member shall be appointed so that his term shall expire on the first Monday of January 1963; and one member shall be appointed so that his term shall expire on the first Monday of January 1964. Vacancies shall be filled in the same manner as original appointments and for the unexpired portion of the term.
The members shall serve without compensation, but if any member of the Board shall be elected to the office of Secretary, he shall be entitled to receive a salary fixed by the Board for that office.
The members of the Board shall, severally, take and subscribe to the oath prescribed by the Second Class Township Code and shall, annually, organize by electing a President from among the members of the Board, a Secretary, who may or may not be a member of the Board, and a Sanitary Officer, who shall not be a member of the Board. The Secretary and Sanitary Officer shall receive such salary as may be fixed by the Board and ratified by the Township Supervisors and shall serve for a period of one year or until such time thereafter as their successors may be elected and qualify. They shall, severally, give bond to the township in the sum of $500 for the faithful discharge of their duties and shall also take and subscribe to the oath required by members of the Board.
Editor's Note: See 53 P.S. § 65101 et seq.
The Secretary of the Board shall keep the minutes of the proceedings of the Board; shall keep accurate accounts of the expenditures of the Board; shall draw all requisitions for the payment of moneys on account of the Sanitary Board from appropriations made by the Supervisors to the Board and shall present the same to the President of the Board for his approval; shall render statements of the expenditures of the Board at each stated meeting or as frequently as the Board may require; shall prepare, under the directions of the Board, the annual report to the Township Supervisors, together with the estimate of appropriation needed for the ensuing year; and shall make such other reports and perform such other duties as the Board may require.
It shall be the duty of the Sanitary Officer to attend all stated and special meetings of the Sanitary Board and at all times be ready and available for the prompt performance of his official duties. He shall make sanitary inspections and shall execute the orders of the Sanitary Board and shall, in the performance of his duties, have the power and authority of a policeman.
The Sanitary Board shall have the power, and it shall be its duty, to enforce the laws of the commonwealth and the regulations of the State Department of Health and to make and enforce such additional rules and regulations for abating and removing all nuisances which the Board shall deem prejudicial to the public health; to mark infected houses or places; to prescribe rules for the construction and maintenance of house drains, washpipes, soil pipes and cesspools; and to make all such other rules and regulations as shall be deemed necessary for the preservation of the public health.
The Board shall also have the power to make, enforce and cause to be published all necessary rules and regulations, not inconsistent with law, for carrying into effect the powers and functions with which it is invested by law and the power and authority relating to the public health conferred on townships. Such rules and regulations, when approved by the Township Supervisors and when advertised in the same manner as ordinances, shall have the force of ordinances of the township, and all penalties or punishment prescribed for the violation thereof as well as the expenses actually and necessarily incurred in carrying such rules and regulations into effect shall be recoverable for the use of the township in the same manner as penalties for violation of the ordinances of the township and subject to like limitations as to the amount thereof.
The Sanitary Board shall have the power as a body or by committee, as well as the Sanitary Officer, together with their assistants, subordinates and workmen, under and by order of the said Board, to enter at any time upon any premises in the township upon which there is suspected to be any nuisance detrimental to the public health for the purpose of examining and abating the same.
The Sanitary Board may inspect house drains, waste and soil pipes, privies, cesspools, water closets, slaughterhouses, hogpens, stables, stable yards, dumps and any conditions or places whatsoever in the township which may constitute a nuisance or a menace to public health, and whenever any condition or place in the township is found by the Board to be a nuisance or a menace to the health of the people of the township, it shall issue a written order of abatement directed to the owner or agent of the owner or operator of the premises, stating that the conditions specified therein constitute a nuisance or menace to health and ordering an abatement thereof within such time as may be specified by it in such order. In case such order of abatement is not obeyed within the time specified, the Board shall thereupon issue a further written order to the Sanitary Officer directing him to remove or abate the same, which order shall be executed by him and his subordinates and workmen, and the expense thereof shall be recoverable from the owner of the premises upon or from which the nuisance or menace to health is abated or removed in the same manner as debts of like character are now collected by law, or the Sanitary Board may proceed to enforce such other remedy or inflict such penalty as provided in § 50-13 hereof.
It shall be the duty of the Sanitary Board or appointed Sanitary Officer or Officers to submit annually to the Supervisors, before the commencement of the fiscal year, an estimate of the probable expenditures of the Board during the ensuing year, and the Supervisors shall then proceed to make such appropriations as may be deemed necessary. The Sanitary Board, Sanitary Officer or Officers shall, in the month of January of each year, submit a report in writing to the Supervisors of its appropriation and expenditures for the preceding year, together with such other information on subjects relative to the sanitary conditions or requirements of the township as may be necessary, and the Supervisors shall publish the same in their official journal.
The township may cooperate with the county or any city, borough or township as well as with the State Department of Health in the administration and enforcement of health laws.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184]
Any person or persons, firm or corporation who or which shall fail to comply with any provisions of this chapter, the rules and regulations adopted thereunder and any abatement or other notices issued by the Sanitary Board or the Sanitary Officer shall be liable, upon conviction, to a fine not exceeding $600 and costs of prosecution for each and every offense or, upon default in payment of the fine and costs, to imprisonment in the county jail for a period not exceeding 30 days. All prosecutions for violations of this chapter and the rules and regulations adopted thereunder shall be by summary proceedings brought in the name and for the use of the Township of Whitpain before a District Justice in Whitpain Township. All fines and penalties shall be paid to the Treasurer of Whitpain Township, to be applied to general funds.