[HISTORY: Adopted by the Council of the Borough of Baden 5-15-1985 by Ord. No. 759. Amendments noted where applicable.]
Whatever is dangerous to human life or health, whatever renders the air or food or water or other drink unwholesome and whatever building, erection or part or cellar thereof is overcrowded or not provided with adequate means of ingress and egress or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted are declared to be nuisances and are illegal. Every person having aided in creating or contributing to the same or who may support, continue or retain any of them shall be deemed guilty of a violation of this section and also be liable for the expense of the abatement and remedy thereof.
Members of the police force shall, whenever of their own knowledge or when notified of any nuisance or violation of any ordinance providing for the abatement of nuisances, give notice to the Mayor.
All police officers, constables and watchmen are enjoined, and all citizens are respectfully desired, to give information to the Board of Health of any violation of this chapter so that the sanitary laws providing for the cleanliness and health of the Borough may be fully executed and all offenders promptly punished.
No person shall build or use any slaughterhouse within the limits of the Borough.
No blood pit, dung pit, offal pit or privy well shall remain or be constructed within the limits of the Borough.
No privy vault, cesspool or reservoir shall be constructed within the limits of the Borough.
It shall be unlawful for any person to dig or cause to be dug any vault, well, sink or necessary house or make or build or cause to be made or erected any privy or necessary house within the Borough limits.
No meat, fish, birds, fowl, fruit, vegetables, milk or anything for human food not being then healthy, fresh, sound, wholesome, fit and safe for such use, nor any animal or fish that died by disease, and no carcass of any calf, pig or lamb which at the time of its death was less than four weeks old, and no meat therefrom, shall be brought within the limits of this Borough or offered or held for sale as food anywhere in the Borough.
No person or company shall erect or maintain within the limits of this Borough any factory or place of business dangerous to life or detrimental to health or where unwholesome, offensive or deleterious odors, gas, smoke, deposits or exhalations are generated, such as tanneries; refineries; manufactories of starch, glue, leather, chemicals, fertilizers, gas; soap-boiling or tallow-rendering establishments without the permit of the Borough Council.
All establishments provided for by the preceding section shall be kept clean and wholesome so as not to be offensive or prejudicial to public health. No offensive or deleterious waste substance, refuse or injurious matter shall be allowed to accumulate upon the premises or to be thrown or allowed to run into any public waters, stream, watercourse, street, road or public place. Every person or company conducting such manufacture or business shall use the best approved and all reasonable means to prevent the escape of smoke, gases and odors and to protect the health and safety of all operatives employed therein. The Council reserves the right to cancel such permit in case of violation of this section.
The following named diseases are declared to be communicable and dangerous to the public health: smallpox (variola, varioloid), cholera (Asiatic or epidemic), scarlet fever (scarlatina, scarlet rash), measles, diptheria (diphtheritic croup, diphtheritic sore throat), typhoid fever, typhus fever, yellow fever, spotted fever (cerebrospinal meningitis), relapsing fever, epidemic dysentery, hydrophobia (rabies), glanders (farcy) and leprosy, and shall be understood to be included in the provisions of this article unless certain of them only are specified.
Whenever any householder knows that any person within his family or household has a communicable disease dangerous to the public health, he shall immediately report the same to the Board of Health, giving the street and number or location of the house.
Whenever any physician finds that any person he is called upon to visit has a communicable disease dangerous to the public health, he shall immediately report the same to the Secretary of the Board of Health, giving the street and number or location of the house, on the receipt of which report the Secretary of the Board of Health shall immediately notify the teacher or principal of every school, academy, seminary or kindergarten in the Borough, requesting such teachers or principals to dispense with the attendance of all pupils residing in the family in which such disease exists. No physician who may, in good faith, in obedience to this section, report a case as one of communicable disease, which subsequently proves not to be such, shall be liable to suit for damages for such error in reporting.
It shall be the duty of all physicians and of all other attendants upon persons affected with communicable diseases dangerous to the public health to avoid exposure to the public of any garments or clothing about their own persons that may have been subjected to the risk of infection.
No person shall, within the limits of this Borough, unless by permit of the Board of Health, carry or remove from one building to another any patient affected with any communicable disease dangerous to the public health. No person shall, by any exposure of any individual so affected or of the body of such individual or of any article capable of conveying contagion or infection or by any negligent act connected with the care or custody thereof or by a needless exposure of himself, cause or contribute to the spread of the disease from any such person or dead body.
There shall not be a public or church funeral of any person who has died of Asiatic cholera, smallpox, typhus fever, typhoid fever, diphtheria, yellow fever, scarlet fever, measles or any other communicable disease. The family of a person dying from other communicable diseases shall in all cases limit the attendance to as few as possible and take all precautions possible to prevent the exposure of other persons to contagion or infection. The person authorizing the public notice of the death of such person shall have the name of the disease which caused the death appear in such public notice.
Every person dying of smallpox or diphtheria shall be removed and buried from the place of death within 24 hours after such death.
No person suffering from or having very recently recovered from smallpox, scarlet fever, diphtheria, yellow fever or measles shall expose himself, nor shall anyone expose anyone under his charge in a similar condition, in any conveyance, without previously having notified the owner or person in charge of such conveyance of the fact of such condition as above stated. It shall be the duty of the Board of Health to have this section printed on a card and to furnish the owner of each public conveyance with a copy thereof. It shall be the duty of the owner of such conveyance to display such card in such conveyance. The owner or person in charge in such conveyance must not, after the entry of any person so infected into his conveyance, allow any other person to enter it without having sufficiently disinfected it under the direction of the Board of Health.
No person shall let or hire any house or room in a house in which a communicable disease dangerous to the public health has recently existed until the room or house and premises therewith connected have been disinfected to the satisfaction of the Board of Health, and for the purpose of this section, the keeper of a hotel, inn or other house for the reception of lodgers shall be deemed to let or hire part of a house to any person admitted as a guest into such hotel, inn or house.
Members of any household in which smallpox, diphtheria, scarlet fever, measles or any other communicable disease exists shall abstain from attending places of public amusement, worship or education and, as far as possible, from visiting other private houses or markets.
The clothing, bed clothing and bedding of persons who have been sick with any communicable disease dangerous to the public health and the rooms they have occupied during such sickness, together with their furniture, shall be disinfected under the direction of the Board of Health.
It shall be the duty of every adult and every parent, guardian or master of every minor residing within the limits of this Borough who has not had smallpox or been vaccinated against smallpox to be, if an adult, vaccinated or, in case of a minor, to cause such minor to be vaccinated unless unable to do so by reason of poverty. It shall be lawful for any registered physician residing in this Borough, on application of such resident adult or parent, master or guardian of such resident minor as are unable by reason of poverty to pay the vaccination fee, to vaccinate such adult or such minor and present his bill therefor properly authenticated to the Board of Health for approval, for an amount not exceeding $0.50 for such services and to recover the same from the Borough.
No pupil shall be allowed to attend the public or private schools in this Borough who has not been vaccinated successfully at least once, but where no successful vaccination has been had, then all such pupils shall be vaccinated under the direction of the Board of Health. No pupil who has been successfully vaccinated shall, under any circumstances, be vaccinated a second time without the written consent of the parents of such pupil.
No parent, guardian or master in whose house or family there shall have been a communicable disease dangerous to the public health shall permit any member of his household to attend any public, private or Sunday school or church after the cessation of the disease within a period of 10 days after the house shall have been thoroughly disinfected and cleansed. It shall be the duty of the School Board to have this section printed on cards, mentioning the names of diseases declared communicable and dangerous to the public health in this article and posted in every school room in the Borough. It shall be the duty of each teacher to read this section to the school whenever any epidemic shall appear.
In the case of children from infected families attending school, their school books shall be destroyed by the Health Officer.
Every undertaker or other person who may have charge of the funeral of any dead person shall procure a properly filled out certificate of the death and its probable cause, in accordance with the form prescribed by the State Board of Health, and shall present the same to the designated officer or member of the Board of Health and obtain a burial or transit permit thereupon at least 24 hours before the time appointed for such funeral. He shall not remove any dead body until such burial or transit permit shall have been procured.
Every person who acts as a sexton or undertaker or cemetery keeper within the limits of this Borough or has the charge or care of any tomb, vault, burying or other places for the reception of the dead, or where the bodies of any human beings are deposited, shall so conduct his business and so care for any such place as to avoid detriment or danger to public health. Every person undertaking preparations for the burial of a body dead from communicable disease shall adopt such precautions as the Board of Health may prescribe to prevent the spread of such disease.
No dead body shall be exhumed and removed between the months of May and October, inclusive, and no body dead from smallpox should ever be exhumed or removed.