[Adopted as Part 11, Art. 1101 of the 1979 Codified Ordinances]
[Amended 4-6-1971 by Ord. No. 24-1971]
The public health duties and responsibilities of the City Health Officer, City Board of Health and Department of Public Safety are those provided under the Rules and Regulations of the Pennsylvania Department of Health adopted under the provisions of the Administrative Code, Act of April 9, 1929 (P.L. 177), the Rules and Regulations of the City Board of Health adopted under the provisions of Article XXIII (53 P.S. § 37301 to 37340) of the Third Class City Code, Act of June 28, 1951 (P.L. 662), as amended, City ordinance and the applicable provisions of the Third Class City Code of the Commonwealth of Pennsylvania.
[Amended 7-2-1968 by Ord. No. 52-1968]
A. 
A Board of Health is hereby created for the City of Chester.
B. 
Nine persons being directors of the Chester City Health Association are hereby appointed as members of the Board of Health pursuant to Section 2330 of the Third Class City Code (53 P.S. § 37330).
C. 
Original appointments and vacancies in the membership of the City Board of Health shall be filled by Council as provided by law.
A. 
The Department of Public Safety shall have jurisdiction and the care, control and supervision of the public health, and of all matters and things pertaining to health and of all City officers and employees connected with the same.
B. 
The Health Officer in the Department of Public Safety shall be at all times subject to the direction and control of the Director of Public Safety.
C. 
The Director of Public Safety shall report monthly to Council or oftener if necessary. Such report shall show work done by the Department in the field of health since the preceding report and the condition of the public health. It shall contain a statement of expenditures and information as to any other matters which it may be proper or expedient for Council to have.
A. 
There is hereby created the office of Health Officer to be appointed by Council in accordance with the rules pertaining to civil service of cities of the third class.
B. 
The Health Officer may be removed from office at any time for wilful neglect to perform his duties, and in case of a removal a successor shall at once be appointed for the unexpired term.
A. 
The Health Officer shall inspect all properties, places and things whenever he or the Director of Public Safety determines it necessary to do so in the interest of the public health. He shall have access at all times to all premises to make inspections or examinations and to investigate all contagious diseases, nuisances and any matters pertaining to and likely to affect the public health, and shall have the right of entry to premises granted by § 422-7. He may take all legal steps appropriate in respect to all such matters. He shall enforce the provisions of all ordinances and the laws of the Commonwealth relating to all such matters. He shall report to the Director of Public Safety all matters to his notice and all steps and progress taken and contemplated in bettering public health conditions.
B. 
It shall be the duty of the Health Officer to thoroughly acquaint himself with the provisions of State statutes and the rules and regulations of the State Department of Health, the City ordinances for protection of the public health, and the rules and regulations of the City Board of Health.
C. 
It shall be the duty of the Health Officer to make frequent sanitary inspections of the streets, alleys and premises in the City, and to report to the Director of Public Safety all nuisances detrimental to public health. He shall also upon complaint of residents or property owners or otherwise, make special investigations of alleged nuisances. He shall cause to be served all notices of abatement and perform such other duties regarding the abatement of nuisances as the Director may direct.
D. 
The duties of the Health Officer shall include keeping any books, records and accounts necessary to be kept in the proper conduct of the affairs of the Department of Public Safety, and to prepare and serve notices, write letters, and to assist the Director of Public Safety in the performance of duties relating to health matters.
A. 
The Director of Public Safety shall employ all doctors and nurses needed in time of any health emergency and report the same to Council.
B. 
The necessary expenses for medical service and all other necessary expenses to effectually and fully carry into effect the provisions of this Public Health Code, and to properly prevent and control diseases, shall be paid by the City out of the appropriation to the Department of Public Safety, unless otherwise provided, after such expenditures and expenses have been approved by the Director of Public Safety and other City officials as provided by law and ordinance.
No person shall refuse to admit the Health Officer or a physician deputized by the Director of Public Safety to their premises at any time nor in any way interfere with or hinder any representative of the Department of Public Safety in the performance of his duties in making inspection or investigation of suspected disease, nuisance or any other matter which might be a menace to the public health.
[Amended 4-6-1971 by Ord. No. 24-1971]
The regulation promulgated by the City Board of Health to regulate and control food establishments within the City, and known as "Regulation II of the Board of Health of the City of Chester" and codified as Chapter 281, Food and Food Establishments, is hereby approved, adopted, incorporated herein and made a part hereof as though same were set forth in its entirety.
[Amended 4-6-1971 by Ord. No. 24-1971]
The City Board of Health may, from time to time, present to Council such suggested rules and regulations as it deems necessary for the proper enforcement of the provisions of this Public Health Code, provided such rules and regulations are not in conflict with the provisions of this Public Health Code. Council may, by ordinance, approve and adopt such rules and regulations or any part thereof. Such rules and regulations so approved and adopted shall have the same force and effect as the provisions of this Public Health Code, and the penalty for violation thereof shall be the same as the penalty for violation of provisions of this Public Health Code, as provided in § 422-13.
The City Solicitor shall initiate and prosecute all actions and prosecutions for violations of this Public Health Code and other ordinances, rules and regulations of the City, and the laws of the Commonwealth relating to health and nuisances, upon the request of the Director of Public Safety. Officers and employees of the Department of Public Safety shall aid the City Solicitor in performing this duty.
In case any violation of this Public Health Code also constitutes a violation of an Act of Assembly of the Commonwealth for which a penalty is provided by law, which is inconsistent with the penalty provided by this Code for such violation, the penalty provided by the Act of Assembly shall take precedence over the penalty provided by this Code and shall be the penalty imposed for such violation.
No cemetery shall be established or started within the City and no cemetery now existing shall be extended, enlarged or added to. This section applies to the City within its present or future boundaries.
[Amended 6-21-1989 by Ord. No. 9-1989]
Except as otherwise specifically provided for, any person, firm or corporation who violates any provisions of this Public Health Code or any provision of any rule or regulation adopted by the Board of Health and Council pursuant to the authority granted by this Public Health Code shall, upon conviction, be fined not more than $1,000 and costs, and in default of payment thereof shall be imprisoned for not more than 90 days. Each day's violation shall constitute a separate violation.