Chapter 4 Board of Health



 Section 1. Board Established:

 There is hereby established a Board of Health consisting of the Mayor and one (1) Councilperson, who together with the Health Officer as herein provided shall constitute a Board of Health. The selection of the members of this board shall be by appointment by the Mayor with the consent and approval of the City Council.

 Section 2. Health Officer:

 The Health Officer shall be a physician in good standing and in active practice in the City of Newell, who shall hold the office for one (1) year or until a successor is appointed and qualified. Before entering upon his duties he shall take the usual Oath of Office and shall receive such compensation as the City Council shall determine.

 Section 3. Removal From Office:

 Any member of the Board of Health may be removed from office for just cause by the same procedure which obtains to other appointive offices.

 Section 4 Secretary:

 The City Auditor shall be secretary of the board of health.

 Section 5. Powers of the Board:

 The Board of Health shall exercise general supervision over the health of the city, with full power to take all steps and use all measures to promote the cleanliness and healthfulness thereof; to prevent the introduction into the city of malignant, contagious or infectious diseases, to remove or otherwise take care of any person attacked by such disease and to adopt in reference to such persons any regulations, rules or measures deemed advisable, and to establish rules for government of a city pest house or hospital; and the health officer shall exercise a general supervision over the sanitary condition of the city. The Board of Health shall have supervision of the enforcement of all pure food laws for the City of Newell, including enforcing sanitary conditions in meat markets and restaurants or hotels, and including also inspection and testing of milk sold in the City of Newell subject to testing regulations as prescribed by the Council.

 Section 6. Duties of the Health Officer:

 He shall give the Mayor and City Council and the board of health all such profession advice and information as they may require in regard to the public health; and whenever he shall hear of the existence of any malignant or contagious disease he shall immediately investigate the same and arrest its progress; and it shall also be the duty of the health officer to enforce all laws of the State and Ordinances of the City pertaining to public health; and for the purpose of carrying out the foregoing requirements he shall be permitted at all times from the rising to the setting of the sun to enter any house, store, stable or other building, and do whatever is necessary in order to make a thorough examination of cellars, vaults, sinks or drains, and to cause all privies to be cleaned and kept in good condition, and to cause all dead animals or other nauseous or unwholesome things to be buried or removed or disposed of, as the board of health may direct.

 Section 7. Vacancies and Failure to Act:

 Vacancies shall be filled as provided in Section 1 of this Chapter. In case of absence from town or refusal or failure of the Health Officer to act, the Mayor may act in his place.

 Section 8. Notice: How served:

In order to carry out the provisions of the foregoing Section 7 it shall be the duty of the Health Officer to serve notice in writing upon the owner, occupant or agent of any lot, building or premises in or upon which any nauseous or unwholesome substance or matter may be found, or who may be the owner of cause of such nuisance, requiring him to abate the same, in such a manner as shall be prescribed; and such notice shall be served by the Chief of Police or health officer; and if such agent, owner or occupant shall neglect or refuse to comply with the requirements of such order within the time specified he shall be subject to penalties hereinafter prescribed; and it shall be the duty of the Health Officer to proceed at once upon the expiration of the time specified in said notice to cause the nuisance to be abated, provided that whenever the owner, occupant or agent of premises in or upon which nuisance may be found is unknown and cannot be found the said Health Officer shall proceed to abate without notice; and in either case the expense of such abatement shall be collected from the person or persons who may have created, caused or suffered such a nuisance to exist.

 Section 9. Offensive Cesspools:

 No person shall permit any cellar, vault, private drain, cesspool, privy or sewer upon any premises belonging to him or occupied by him within the limits of the City of Newell to become nauseous, offensive or injurious to the public health.

Amended by: Nuisance 03-05

 Section 10. Offensive Matter on Premises:

 It shall be unlawful for any person or persons within the City of Newell or within one mile of the corporate limits thereof, on the premises owned or occupied by him, to permit or suffer any nuisance either by exercising any unwholesome trade, calling or business, or by having or suffering any unwholesome or offensive substance whatever, including manure piles, to remain upon the premises until by foul and offensive odors or stenches or otherwise said premises shall become offensive, hurtful or dangerous to the neighborhood; and it shall be the duty of the health officer to give notice to such person or persons to remove such nuisance forthwith; and if such person or persons shall neglect or refuse to do so for a space of twenty four (24) hours and after such notice, he shall upon conviction thereof, be liable to the penalty hereinafter prescribed, together with the expense of removing such nuisance and costs of prosecution, and it is hereby made the duty of the Chief of Police under direction of the health officer to remove and abate such nuisance immediately upon the expiration of twenty four (24) hours after the notice aforesaid.                

Amended by Nuisances 03-05

Section 11. Penalty:

Any person who violates, omits or refuses to comply with, or who resists any of the provisions of this Chapter, or refuses or neglects to obey any of the rules, orders or sanitary regulations of the board of health or the Health Officer, shall upon the conviction thereof be subject to a fine of not more than $100.00 and costs and shall stand committed until such fine and costs are paid.