[HISTORY: Adopted by the Council of the Borough of Baden 5-15-1985
by Ord. No. 759. Amendments noted where applicable.]
A. Whatever is dangerous to human life or health, whatever
renders the air or food or water or other drink unwholesome and whatever building,
erection or part or cellar thereof is overcrowded or not provided with adequate
means of ingress and egress or is not sufficiently supported, ventilated,
sewered, drained, cleaned or lighted are declared to be nuisances and are
illegal. Every person having aided in creating or contributing to the same
or who may support, continue or retain any of them shall be deemed guilty
of a violation of this section and also be liable for the expense of the abatement
and remedy thereof.
B. Members of the police force shall, whenever of their
own knowledge or when notified of any nuisance or violation of any ordinance
providing for the abatement of nuisances, give notice to the Mayor.
All police officers, constables and watchmen are enjoined, and all citizens
are respectfully desired, to give information to the Board of Health of any
violation of this chapter so that the sanitary laws providing for the cleanliness
and health of the Borough may be fully executed and all offenders promptly
punished.
No person shall build or use any slaughterhouse within the limits of
the Borough.
No blood pit, dung pit, offal pit or privy well shall remain or be constructed
within the limits of the Borough.
No privy vault, cesspool or reservoir shall be constructed within the
limits of the Borough.
It shall be unlawful for any person to dig or cause to be dug any vault,
well, sink or necessary house or make or build or cause to be made or erected
any privy or necessary house within the Borough limits.
No meat, fish, birds, fowl, fruit, vegetables, milk or anything for
human food not being then healthy, fresh, sound, wholesome, fit and safe for
such use, nor any animal or fish that died by disease, and no carcass of any
calf, pig or lamb which at the time of its death was less than four weeks
old, and no meat therefrom, shall be brought within the limits of this Borough
or offered or held for sale as food anywhere in the Borough.
No person or company shall erect or maintain within the limits of this
Borough any factory or place of business dangerous to life or detrimental
to health or where unwholesome, offensive or deleterious odors, gas, smoke,
deposits or exhalations are generated, such as tanneries; refineries; manufactories
of starch, glue, leather, chemicals, fertilizers, gas; soap-boiling or tallow-rendering
establishments without the permit of the Borough Council.
All establishments provided for by the preceding section shall be kept
clean and wholesome so as not to be offensive or prejudicial to public health.
No offensive or deleterious waste substance, refuse or injurious matter shall
be allowed to accumulate upon the premises or to be thrown or allowed to run
into any public waters, stream, watercourse, street, road or public place.
Every person or company conducting such manufacture or business shall use
the best approved and all reasonable means to prevent the escape of smoke,
gases and odors and to protect the health and safety of all operatives employed
therein. The Council reserves the right to cancel such permit in case of violation
of this section.
The following named diseases are declared to be communicable and dangerous
to the public health: smallpox (variola, varioloid), cholera (Asiatic or epidemic),
scarlet fever (scarlatina, scarlet rash), measles, diptheria (diphtheritic
croup, diphtheritic sore throat), typhoid fever, typhus fever, yellow fever,
spotted fever (cerebrospinal meningitis), relapsing fever, epidemic dysentery,
hydrophobia (rabies), glanders (farcy) and leprosy, and shall be understood
to be included in the provisions of this article unless certain of them only
are specified.
Whenever any householder knows that any person within his family or
household has a communicable disease dangerous to the public health, he shall
immediately report the same to the Board of Health, giving the street and
number or location of the house.
Whenever any physician finds that any person he is called upon to visit
has a communicable disease dangerous to the public health, he shall immediately
report the same to the Secretary of the Board of Health, giving the street
and number or location of the house, on the receipt of which report the Secretary
of the Board of Health shall immediately notify the teacher or principal of
every school, academy, seminary or kindergarten in the Borough, requesting
such teachers or principals to dispense with the attendance of all pupils
residing in the family in which such disease exists. No physician who may,
in good faith, in obedience to this section, report a case as one of communicable
disease, which subsequently proves not to be such, shall be liable to suit
for damages for such error in reporting.
It shall be the duty of all physicians and of all other attendants upon
persons affected with communicable diseases dangerous to the public health
to avoid exposure to the public of any garments or clothing about their own
persons that may have been subjected to the risk of infection.
No person shall, within the limits of this Borough, unless by permit
of the Board of Health, carry or remove from one building to another any patient
affected with any communicable disease dangerous to the public health. No
person shall, by any exposure of any individual so affected or of the body
of such individual or of any article capable of conveying contagion or infection
or by any negligent act connected with the care or custody thereof or by a
needless exposure of himself, cause or contribute to the spread of the disease
from any such person or dead body.
There shall not be a public or church funeral of any person who has
died of Asiatic cholera, smallpox, typhus fever, typhoid fever, diphtheria,
yellow fever, scarlet fever, measles or any other communicable disease. The
family of a person dying from other communicable diseases shall in all cases
limit the attendance to as few as possible and take all precautions possible
to prevent the exposure of other persons to contagion or infection. The person
authorizing the public notice of the death of such person shall have the name
of the disease which caused the death appear in such public notice.
Every person dying of smallpox or diphtheria shall be removed and buried
from the place of death within 24 hours after such death.
No person suffering from or having very recently recovered from smallpox,
scarlet fever, diphtheria, yellow fever or measles shall expose himself, nor
shall anyone expose anyone under his charge in a similar condition, in any
conveyance, without previously having notified the owner or person in charge
of such conveyance of the fact of such condition as above stated. It shall
be the duty of the Board of Health to have this section printed on a card
and to furnish the owner of each public conveyance with a copy thereof. It
shall be the duty of the owner of such conveyance to display such card in
such conveyance. The owner or person in charge in such conveyance must not,
after the entry of any person so infected into his conveyance, allow any other
person to enter it without having sufficiently disinfected it under the direction
of the Board of Health.
No person shall let or hire any house or room in a house in which a
communicable disease dangerous to the public health has recently existed until
the room or house and premises therewith connected have been disinfected to
the satisfaction of the Board of Health, and for the purpose of this section,
the keeper of a hotel, inn or other house for the reception of lodgers shall
be deemed to let or hire part of a house to any person admitted as a guest
into such hotel, inn or house.
Members of any household in which smallpox, diphtheria, scarlet fever,
measles or any other communicable disease exists shall abstain from attending
places of public amusement, worship or education and, as far as possible,
from visiting other private houses or markets.
The clothing, bed clothing and bedding of persons who have been sick
with any communicable disease dangerous to the public health and the rooms
they have occupied during such sickness, together with their furniture, shall
be disinfected under the direction of the Board of Health.
It shall be the duty of every adult and every parent, guardian or master
of every minor residing within the limits of this Borough who has not had
smallpox or been vaccinated against smallpox to be, if an adult, vaccinated
or, in case of a minor, to cause such minor to be vaccinated unless unable
to do so by reason of poverty. It shall be lawful for any registered physician
residing in this Borough, on application of such resident adult or parent,
master or guardian of such resident minor as are unable by reason of poverty
to pay the vaccination fee, to vaccinate such adult or such minor and present
his bill therefor properly authenticated to the Board of Health for approval,
for an amount not exceeding $0.50 for such services and to recover the same
from the Borough.
No pupil shall be allowed to attend the public or private schools in
this Borough who has not been vaccinated successfully at least once, but where
no successful vaccination has been had, then all such pupils shall be vaccinated
under the direction of the Board of Health. No pupil who has been successfully
vaccinated shall, under any circumstances, be vaccinated a second time without
the written consent of the parents of such pupil.
No parent, guardian or master in whose house or family there shall have
been a communicable disease dangerous to the public health shall permit any
member of his household to attend any public, private or Sunday school or
church after the cessation of the disease within a period of 10 days after
the house shall have been thoroughly disinfected and cleansed. It shall be
the duty of the School Board to have this section printed on cards, mentioning
the names of diseases declared communicable and dangerous to the public health
in this article and posted in every school room in the Borough. It shall be
the duty of each teacher to read this section to the school whenever any epidemic
shall appear.
In the case of children from infected families attending school, their
school books shall be destroyed by the Health Officer.
Every undertaker or other person who may have charge of the funeral
of any dead person shall procure a properly filled out certificate of the
death and its probable cause, in accordance with the form prescribed by the
State Board of Health, and shall present the same to the designated officer
or member of the Board of Health and obtain a burial or transit permit thereupon
at least 24 hours before the time appointed for such funeral. He shall not
remove any dead body until such burial or transit permit shall have been procured.
Every person who acts as a sexton or undertaker or cemetery keeper within
the limits of this Borough or has the charge or care of any tomb, vault, burying
or other places for the reception of the dead, or where the bodies of any
human beings are deposited, shall so conduct his business and so care for
any such place as to avoid detriment or danger to public health. Every person
undertaking preparations for the burial of a body dead from communicable disease
shall adopt such precautions as the Board of Health may prescribe to prevent
the spread of such disease.
No dead body shall be exhumed and removed between the months of May
and October, inclusive, and no body dead from smallpox should ever be exhumed
or removed.