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ACT 2828.

TITLE 400.
PUBLIC HEALTH.

An act to prevent the propagation of disease through contamination of the atmosphere by gases and fumes arising from crematories for the disposition of garbage, ashes, offal, and other refuse matter, and to prescribe penalties.

[Approved April 17, 1909. Stats. 1909, p. 978.]

Operation of garbage crematories.

§ 1. No person, firm, company or corporation shall operate within any city, city and county or town of this state any crematory for the destruction by fire heat, of garbage, ashes, offal, or other refuse matter, except as hereinafter provided for.

Contamination of atmosphere.

§ 2. No such crematory shall be operated in this state except in such a manner as will prevent the propagation of disease through contamination of the atmosphere of any city, city and county or town by the gases or fumes arising from the fires or ovens of any such crematory operated for the destruction by fire heat, of garbage, ashes, offal, and other refuse

matter.

Misdemeanor.

§3. Every such person, firm, company or corporation or officer, agent, or employee of such corporation, which burns by fire heat or destroys by cremation any such garbage, ashes, offal, and other refuse matter, in violation of the provisions of this act, shall be guilty of a misdemeanor.

АСТ 2829.

An act providing for the sanitation of food-producing establishments, places where food is stored, prepared, kept or manufactured and in which food is distributed; regulating the health of persons by whom the materials from which food is prepared or the finished product is handled; providing for the inspection of such places, persons and things; declaring places and things in violation of this act to be nuisances, dangerous to health and providing for the abatement of the same; making violations of this act misdemeanors; and providing for the punishment of the same. [Approved March 6, 1909. Stats. 1909, p. 151.]

ACT 2830.

An act for the preservation of the public health of the people of the state of California, and empowering the state board of health to enforce its provisions, and providing penalties for the violation thereof.

[Approved March 23, 1907. Stats. 1907, p. 893.]

Public health act. How to be construed.

§1. This act shall be known as the Public Health Act and its provisions are to be liberally construed, with a view to effect its purpose

of preventing by uniform measures, the spread of contagious, infectious and communicable diseases and to preserve and promote the health of the people of the state. Its provisions are not intended to repeal or supersede any statutes of the state now in force, which are promotive of the general health and not in conflict with or repugnant to its provisions, but they shall be deemed supplemental to such statutes; and where the provisions of this act are not in conflict with and repugnant to such statutes, they shall be construed consistently therewith, and as continuations thereof.

Pollution of waters.

§ 2. It shall be unlawful to discharge or deposit, or cause or suffer to be discharged or deposited, any sewage, garbage, feculent matter, offal, refuse, filth, or any animal, mineral, or vegetable matter or substance, offensive, injurious, or dangerous to health, in any springs, streams, rivers, lakes, wells or other waters used or intended to be used for human or animal consumption; or to discharge or deposit, or cause or suffer to be discharged or deposited, any such offensive, injurious or dangerous matter or substance upon the land or place adjoining such waters so as to cause or suffer such matter or substance to flow or be emptied or drained into such waters.

Cesspools, sewer pipes, etc.

§3. It shall be unlawful to erect, construct, excavate, or maintain, or cause to be erected, constructed, excavated, or maintained, any privy, vault, cesspool, sewer-pipes or conduits, or other pipes or conduits, for the discharge of impure waters, gas, vapors, oils, acids, tar, or other matter or substance offensive, injurious, or dangerous to health, whereby any part of such matter or substance shall empty, flow, seep, drain, condense or otherwise pollute or affect any of such waters so intended for human or animal use or consumption; or to erect or maintain any permanent or temporary house, camp, or tent, so near to such springs, streams, rivers, lakes, or other sources of water supply, as to cause or suffer the drainage, seepage, or flow of impure waters, or any other liquids, or the discharge or deposit therefrom, of any animal, mineral, or vegetable matter, to corrupt or pollute such waters.

Pollution of waters by livestock.

§ 4. It shall be unlawful to cause or permit any horses, cattle, sheep, swine, poultry or any kind of livestock or domestic animals, to pollute the waters, or tributaries of such waters, used or intended for drinking purposes by any portion of the inhabitants of this state.

By bathing.

§ 5. No person shall bathe or wash clothes in any spring, stream, river, lake, reservoir, well or other waters which are used or intended for drinking purposes by the inhabitants of the vicinage or of any city, city and county, or town, of this state.

Ice must be stored in clean places.

§ 6. Ice offered or intended for public use or consumption shall be kept or stored in clean places free from all filth, offal, refuse, and pol

luted waters, and separate and removed from contact with animal or vegetable matter, and not in proximity to any cesspool, privy-vault, or sewer, nor in places where such ice may be subject to contamination from, or the action of, acids, oils, noxious, offensive, or injurious gases, smoke or vapors, and all ice kept or stored in violation of this section shall be deemed polluted ice and not fit for human consumption; and it shall be unlawful to sell, offer for sale, or store for sale such polluted ice. Ice, certain not to be sold.

§7. It shall be unlawful to sell, offer, or keep for sale for public use or consumption, ice which shall have been used for the cooling of malt, vinous or spirituous liquors, or for the refrigeration of butter, milk, meat or any animal or vegetable matter or substances, or which shall have been taken from any asylum, hospital, sanitarium, sick-room, slaughterhouse, or any place where human or animal remains have been kept or deposited.

Transportation of ice.

§ 8. In the transportation or carriage of ice intended for public use or consumption, care shall be taken to prevent contact with filth, offal, and other refuse, and contamination from animal and vegetable matter, and from offensive and noxious oils, acids and other substances injur ious, dangerous or offensive to health.

Ice from impure waters.

§ 9. No person, firm, company, or corporation shall make or permit to be made, or offer or permit to be offered for sale for public use or consumption, any ice manufactured from impure or polluted water, or natural ice cut or taken from any corrupt or impure waters or water source; nor taken or manufactured from any waters or water supply after notice from the state board of health, or its secretary, that such waters are impure or polluted.

Inspection of places where ice is stored.

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§ 10. In the interest of the public health, every health officer or health inspector, upon proper demand and notice of his authority, shall be permitted, during office hours, to enter and inspect the works, premises, sources of supply, and places of storage of any person, firm, company, or corporation, maintaining, selling or offering for sale, water or ice for human use or consumption, and it shall be unlawful for any person, firm, company, or corporation to refuse to permit a reasonable inspection or investigation of such works and premises or the ice and water kept or stored therein, or to impede or obstruct such officer during such investigation.

Duty of local health officers. Report to state board of health.

§ 11. It shall be the duty of every county, city and county, munici pal, town, or other health officer or inspector to enforce diligently within the county, city and county, municipality, town or district of which he is such health officer, all state laws pertaining to health and sanitary

matters, and all orders, rules and regulations concerning health, quarantine, and disinfection prescribed or directed by the state board of health, and all local ordinances, resolutions, orders, and regulations concerning health, of the board of supervisors, which shall not be in conflict with the general laws or the orders, rules and regulations of the state board of health.

Said health officers shall report to the state board of health all violations of the state health laws and all violations of the state laws relating to registration of births, marriages, and deaths, which shall come to their knowledge.

Every county health officer, and every city and county, city, or town board of health, or chief executive health officer thereof, shall report in writing to the state board of health regularly on or before the fifth day of each month, and also whenever requested by the state board of health, or its secretary, all infectious, contagious and communicable diseases in man or beast which shall come to his knowledge, upon blanks furnished by the state board of health; and he shall, in cases of local epidemic of disease, report at such times as shall be requested by the state board of health, or its secretary, all facts concerning the disease, and the measures taken to abate and prevent its spread.

It shall also be the duty of every such county health officer, and every city, city and county, and town board of health or chief executive health officer thereof, in cases of epidemic, whenever quarantine is established, promptly to transmit to the secretary of the state board of health a true copy of all quarantine rules, orders and regulations adopted by the local health board or health officer, and of all subsequent changes or modifications in the matter of such quarantine and in such local rules, orders, and regulations; and every such board of health or chief executive health officer thereof, shall promptly report, in writing, to the secretary of the state board of health any changes that may occur in their offices, and the names and residences of all newly appointed or elected officers. Quarantine, state board of health may order.

§ 12. Whenever in the judgment of the state board of health, or when said board is not in session, whenever in the judgment of the secretary of said board, such action shall be deemed necessary to protect or preserve the public health, every county health officer, and every city and county, city or town board of health, or chief executive health officer thereof, shall, when so directed by said state board of health or its secretary, quarantine and disinfect, as required by the general and special instructions of said state board or secretary within the jurisdiction of such local board of health or health officer, persons, animals and things of whatever nature, and houses, rooms, and places, and destroy, or cause to be destroyed, bedding, carpets, household goods, furnishings and materials, clothing or animals, when such property is, by said state board of health or its secretary, deemed an imminent menace to the public health, and when ordinary means of disinfection are deemed unsafe, and the board of supervisors, council or other governing body, where such de struction of property occurs, shall have power to make adequate provi

sion and compensation in proper cases for those injured by such neces sary destruction.

Quarantine rules.

§ 13. The following rules and requirements shall be strictly observed in all cases of quarantine, subject, however, to such changes and modifications as the state board of health, or its secretary may otherwise require and direct.

Rule 1. Every county, city and county, city, or town board of health, or chief executive health officer thereof, upon receiving information of the existence of such diseases within its or his jurisdiction, must immediately quarantine each and every case of Asiatic cholera, yellow fever, typhus fever, plague, smallpox, scarlet fever, diphtheria, membranous croup, measles, leprosy, and every case of anthrax and glanders affecting human beings, and such other contagious or infectious diseases which may from time to time be declared quarantinable, and in addition to their local rules and regulations shall follow all general and special rules, regulations, and orders of the state board of health, or its secretary. Said health boards or officers must, within twenty-four hours after quarantine, report fully, in writing, to the secretary of the state board of health, all of such cases quarantined; provided, however, that said health officers shall immediately report by telegraph to said secretary of the state board of health every case discovered or known of plague, Asiatic cholera, yellow fever or typhus fever, and after investigation and within twenty-four hours shall report the cause, source and extent of contagion and infection, and all acts done and measures adopted in each case, and shall make such further reports as the secretary of the state board of health may require.

Rule 2. In addition to the list of quarantinable diseases given in rule 1 of this section the following is a partial list of contagious, infectious and communicable diseases, all of which, though not required to be quarantined by the state board of health, must be properly reported in writing to the state board of health, or its secretary, by the said local health boards or chief executive health officers, viz.: Manila, Cuban, Philippine, adobe, or kangaroo itch; chicken-pox, erysipelas, pneumonia, uncinariasis or hookworm, cerebro-spinal meningitis, trachoma, whooping-cough, mumps, dengue, dysentery, tuberculosis of the respiratory tract, typhoid fever, tetanus, and any disease which appears to have become epidemic. This list can be changed at any time by the state board of health or its secretary.

Rule 3. When any building, house, structure, or part thereof, or tent or other place, is quarantined because of a contagious, infectious or communicable disease, said local health boards or chief executive health officer shall cause to be firmly fastened, in the most conspicuous place upon such house, building, tent, or other place, a placard or flag, upon which is printed the name of the disease, in plain and legible letters of at least two and one-half inches in length. This placard or flag must not be removed by any person except the health officer or his

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