CROSS REFERENCES
Barber and beauty shops — See Ch. 820.
Food handlers and establishments — See Ch. 822.
Safety, sanitation and health — See Ch. 680.
STATUTORY REFERENCES
Board of Health — See Borough Code, 8 Pa.C.S.A.
§§ 3100 to 3111.
[Editor's Note: Under authority of § 268.05
of this chapter, the Board of Health has promulgated rules and regulations
providing for the maintenance and cleanliness of public eating and
drinking places, food establishments, food vendors, ice manufacturers
and dispensers, public bathing places, public rest rooms and places
of recreation; for the spread of contagious and infectious diseases
therein; for the cleanliness and sanitation of the employees thereof;
and for the licensing and inspection of such premises. Such rules
and regulations were confirmed and ratified by Ord. 262, passed May
5, 1967. Violations of the same are punishable as provided in § 268.99
of this chapter. At the time of the preparation of these codified
ordinances, the rules and regulations had been amended by the following
ordinances: Ord. 304, passed June 7, 1971. Copies of the rules and
regulations and the amendments thereof are available, at cost, from
the Borough Secretary.]
[Res. passed 1-4-1954; Ord. 261, passed 12-12-1966]
For the purpose of protecting and promoting the health, safety,
morals and general welfare of the residents of the Borough, there
is hereby established a Board of Health in and for the Borough, which
Board shall be composed of five members at least one of whom shall
be a reputable physician with not less than two years experience in
the practice of his or her profession.
[Res. passed 1-4-1954; Ord. 261, passed 12-12-1966]
Each member of the Board of Health shall be appointed by Council
for a term of five years. One member's term shall expire each
year. Those members who now hold office as members of the Board shall
continue in that post until their respective terms in office expire,
at which time Council shall either re-appoint such members or make
appointments to fill their vacancies. Any appointment to fill a vacancy
among the members of the Board shall be for the unexpired term of
such vacancy.
[Ord. 261, passed 12-12-1966]
In addition to the members of the Board of Health, Council shall,
each year, appoint a Health Officer and a Secretary to serve with
the members of the Board. The Health Officer shall have some experience
or training in public health work in accordance with the rules and
regulations established by the Advisory Health Board of the State
Department of Health. The Health Officer shall not enter upon the
performance of his or her duties until he or she has been certified
to do so by the State Department of Health.
[Ord. 645, passed 4-3-2000]
The Health Officer and the Secretary shall be compensated by
the Borough as provided for from time to time by Council. The position
of Health Officer is designated as a major untenured policy-making
or advisory position for purposes of unemployment compensation under
state law. The members of the Board of Health shall serve without
compensation.
[Ord. 261, passed 12-12-1966]
(A)
The Board of Health 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; to make and enforce additional rules and
regulations to prevent the introduction and spread of infectious or
contagious diseases by the regulation of intercourse with infected
places, by the separation of infected persons who have been exposed
to any infectious or contagious disease and by 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, waste pipes, soil
pipes and cesspools; and to make all such other rules and regulations
as it deems necessary for the preservation of the public health. The
Board shall also have the power, with the consent of Council in the
case of a prevalence of any contagious disease, to establish one or
more emergency hospitals and to make provisions and regulations for
the maintenance and management of the same.
(B)
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 Boroughs. Such rules and regulations, when
approved by Council and the Mayor, and when advertised in the same
manner as ordinances, shall have the force of ordinances of the Borough,
and all penalties or punishment prescribed for the violation thereof,
as well as the expense actually and necessarily incurred in carrying
such rules and regulations into effect, shall be recoverable, for
the use of the Borough, in the same manner as penalties for violation
of ordinances of the Borough and subject to the like limitations as
to the amount thereof.
(C)
No person shall violate or fail to comply with any rule or regulation
promulgated pursuant to this section.
[Ord. 261, passed 12-12-1966]
(A)
The Board of Health shall have the power as a body or by committee,
as well as the Health Officer, together with their assistants, subordinates
and workers, under and by order of the Board, to enter at any time
upon any premises in the Borough upon which there is suspected to
be any infectious or contagious disease or a nuisance detrimental
to the public health, for the purpose of examining and abating the
same.
(B)
No person shall refuse to allow the Board or any of the aforementioned
persons entry or access to any premises or part thereof for the purposes
provided herein.
[Ord. 261, passed 12-12-1966]
The Board of Health may inspect house drains, waste pipes, soil
pipes, cesspools, water closets, farms, commercial food handling or
food dispensing establishments and any condition or place in the Borough
which may constitute a nuisance or a menace to the public health.
Whenever any condition or place in the Borough is found by the Board
to be a nuisance or a menace to the health of the residents of the
Borough, it shall issue a written order of abatement, directed to
the owner or agent of the owner of the premises, stating that the
conditions specified therein constitute a nuisance or a menace to
health and ordering an abatement thereof within such time as may be
specified by the Board in such order. In case such order of abatement
is not obeyed within the time specified therein, the Board shall thereupon
issue a further written order to the Health Officer, directing him
or her to remove or abate the same, which order shall be executed
by him or her and his or her subordinates and workers. 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 Board may proceed to enforce such other remedy or assess
such penalty as may be provided by ordinance of the Borough.
[Ord. 261, passed 12-12-1966]
It shall be the duty of the Board of Health and the appointed
Health Officer to submit annually to Council before the commencement
of the fiscal year an estimate of the probable expenditures of the
Board during the ensuing year. Council shall then proceed to make
such appropriations as may be deemed necessary. The Board and the
Health Officer shall, in the month of January of each year, submit
a report, in writing, to Council of its appropriation and expenditures
for the preceding year, together with such other information on subjects
relative to the sanitary and public health conditions or requirements
of the Borough as may be necessary. Council may publish the same in
its official journal.
[Ord. 261, passed 12-12-1966]
All expenses incurred by the Board of Health, its officers,
agents or employees, in the performance of their official duties,
either imposed upon it by law or by rules and regulations, shall be
paid by the Borough in the same manner as other expenses of the Borough
are paid.
[Ord. 329, passed 3-4-1974]
Whenever a person has been officially notified by a member of
the Board of Health or the Health Officer or by the service of a summons
in a prosecution under this chapter or in any other official manner
that such person is violating or failing to comply with a provision
of this chapter or a rule or regulation of the Board, a separate offense
shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues thereafter.
[1]
Editor's Note: See § 202.99 for general code
penalty if no specific penalty is provided.
