CHAPTER VII. HEALTH AND WELFARECHAPTER VII. HEALTH AND WELFARE\Article 1. Board Of Health

Article 1. Board Of Health

The committee on public health and safety, of the governing body, shall be the board of health of the city. Such board shall have authority to employ a competent physician to assist them in the performance of their duties, and it shall be the duty of such physician to advise the board in all matters relating to the sanitary condition of the city, and to examine all cases of an epidemic, infectious or contagious nature in the city, and immediately report the same to the board.

(Code 1973, 7-101)

The term of the city health officer shall be for two years. The city health officer shall hold office until his or her successor is appointed and qualified. In case of appointment to fill a vacancy, the appointee shall only serve for the remainder of the term for which his or her predecessor was appointed. The salary of the city health officer shall be as provided by ordinance by the governing body.

(Code 1973, 7-102)

The board of public health shall have power, and it shall be their duty, to make and enforce all necessary rules and regulations not inconsistent with this article to prevent the introduction and spread of epidemics, infectious and contagious diseases, by quarantine, and the regulation of communication with infected persons and places by the arrest, separation and treatment of the infected persons and places who shall have been exposed to any epidemic, infectious or contagious disease, and by abating and removing all nuisances which they shall deem prejudicial to the public health; to mark infected houses or places; to prescribe rules for the maintenance and construction of house drains, waste and soil pipes, and septic tanks; and to make all such other regulations as they shall deem necessary for the preservation of the public health.

(Code 1973, 7-103)

(a)   With the approval and concurrence of the governing body, they shall have power to issue any order to close all schools, churches, theaters, or places of public gathering within said city, which in their judgment would aid in preventing the spread of any infectious or contagious disease.

(b)   It shall be the duty of all physicians practicing within the city to report to the chairman of said board the names and residences of all persons coming under their care afflicted with any contagious or infectious disease, in the manner prescribed by the board.

(Code 1973, 7-103)

(a)   The board of health, as well as each and every member thereof, together with any subordinates, assistants and workmen appointed by said board, shall have power to enter at any time upon any premises in the city upon which there is suspected to be any infectious or contagious disease, or nuisance detrimental to the public health, for the purpose of examining and abating the same. All written orders for the removal of nuisances issued to the chief of police or policemen by the board or city clerk shall be executed by him or her and his or her subordinates and workmen. The cost and expenses thereof shall be recoverable from the owner or owners of the premises from which the nuisance shall be removed, or from the person or persons causing or maintaining such nuisance, by civil action.

(b)   The authority granted to the public officer by subsection (a) is subject to the following:

(1)   If the building, structure or premises is occupied, the public officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the public officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)   If the public officer is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.

(Code 1973, 7-104; Code 2019)

It shall be the duty of each and every citizen and resident of the city who shall have knowledge of any infectious or contagious disease within or near the city immediately to inform the city clerk, who shall be ex officio clerk of the board of health, of the name and location of the person or persons so infected; and it shall be the duty of the city clerk to investigate such report, and when in his or her opinion necessary, refer the same to the board, who shall thereupon take such action as may by them be deemed necessary to prevent the spread of such disease.

(Code 1973, 7-105)