[HISTORY: Adopted by the Common Council of
the City of Albany 7-18-1983 by L.L. No. 2-1983 as Ch. XIII of the
1983 Code. Amendments noted where applicable.]
No person, while making a grave or interring
a dead body, shall remove, disturb or expose any dead body or coffin,
under the penalty of $25 for each offense.
No person shall inter any corpse in any cemetery
or burying ground in the City without the consent of the owners or
the person having charge of the same, previously obtained; nor shall
any person enter any corpse in any cemetery or other place in the
City, unless in vaults, or graves at least six feet deep; and any
person violating either of the provisions of this section shall be
liable to a penalty of $5.
Any person who shall deposit any corpse in public
or private vault in the City of Albany, east of Winthrop Avenue (formerly
Nineteenth Street) and north of Second Avenue, or shall suffer the
same to remain in such vault, shall incur a penalty for each offense
of the sum of $25, and $25 for each day said corpse is allowed to
remain in such vault; provided, however, that nothing herein contained
shall prevent the burial of any person within the boundaries of the
property occupied by the Cathedral of the Immaculate Conception, All
Saints Cathedral and the Monastery of Nuns of St. Dominic of the Immaculate
Conception, and that nothing herein contained shall prevent the deposit
of human ashes in niches in a columbarium within the boundaries of
the property occupied by St. Peter's Episcopal Church or the suffering
of any corpse which has been heretofore deposited within the boundaries
of the property occupied by St. Peter's Episcopal Church to remain
so deposited.
[Amended 1-5-2009 by Ord. No. 72.122.08]
No privy vault or privy shall be erected or
maintained at a distance less than 30 inches from any partition fence,
adjoining lot or dwelling, unless otherwise specially permitted by
the Department of Health, and any person violating any of the provisions
of this section, or who, having authority to remove it, shall suffer
and allow it to remain after having been notified by the Department
of Health, Health Inspector, Commissioner of General Services or Assistant
Commissioner of General Services to remove the same, shall incur a
penalty in the sum of $10 for each and every day the violation or
refusal is continued.
It shall not be lawful to open, clean, cut up,
skin or dress any kind of fresh fish (shell fish excepted) within
any of the slips, or within the basin, or in or upon any of the docks
or wharves of this City, or within 40 feet from the outer edge of
said docks or wharves, or in or upon any street, lane or alley, or
in or upon any public square or avenue or vacant lot in said City,
under the penalty of $5 for each offense.
Every butcher or other person, immediately after
killing any beef, calves, sheep, hogs or other cattle, shall destroy
the offal, garbage and other offensive and useless parts thereof,
or convey the same into some place where they shall not be injurious
or offensive to the inhabitants, under the penalty of $25 for every
offense.
No person shall cast or leave exposed the dead
carcass of any horse, cow, hog, dog or other animal in any street,
lane, alley, yard or lot within this City, under the penalty of $25
for every offense.
Whenever any putrid or unsound beef, pork, fish,
poultry, hides or skins of any kind, or any other putrid or unsound
substance, shall be found in any part of the City, it shall be the
duty of the officers and members of the police, and the inspectors
of the Department of Health, to cause the same to be destroyed, or
to be disposed of in such other manner as may be equally secure as
regards the public health; and if any person shall resist the said
officers, or either of them, in the execution of the duties hereby
imposed, or shall disturb, hinder or molest them therein, such offender
shall incur a penalty of $25.
No person shall, under the penalty of $25 for
each offense, empty, cast, or lay the contents of any tub or privy
in any slip or dock, or in any street, lane or alley, or on any public
property.
Any owner or occupant of any barn, yard, lane,
alley or other place, in which there shall be any garbage, dirt, or
filth, or any other impure or offensive matter or substance, calculated
to create or engender disease, who shall receive a written or printed
notice from the Mayor, Department of Health, or the clerk or inspectors
thereof, or any officer of the police, to remove the same, and shall
not remove the same within 24 hours after the receipt of said notice,
shall be liable to pay a penalty of $25 for the first 24 hours' neglect
after the same should have been removed, and of $10 for every subsequent
24 hours' neglect, and any tenant of any house, barn or other premises
who, upon removal therefrom, shall leave thereon any garbage, ashes,
filth, rubbish or any impure or offensive matter of substance shall
be guilty of a misdemeanor and punished by a fine of not less than
$10, nor more than $25, or by imprisonment in the county jail one
day for each dollar of fine unpaid.
It shall not be lawful for any person to erect
or construct any block or row of buildings, intended for or to be
used as dwellings, on any lot, piece or parcel of ground within the
fire limits of the City of Albany, fronting upon any private lane,
court or alley, unless such lane, court or alley is of the width of
25 feet, and paved, with a suitable drain therein, connecting with
the public drain in the street upon which said lot is situated. The
term "block or row of buildings," herein mentioned, shall be taken
and construed to apply to any building, continuous or otherwise, extending
30 feet from the line of any street. Any person violating the provisions
of this section shall be liable to a penalty of $25 and costs, and
to a like penalty for every day after the first conviction that such
block or row of buildings shall be suffered by him to remain standing.
It shall not be lawful for any person, without
permission from the Common Council, to slaughter cattle, sheep or
swine in any building now erected or hereafter to be erected, or otherwise,
within the territory hereinafter described; nor shall it be lawful
for any person, without such consent, to conduct or carry on any business
or occupation within such territory, which shall be noxious to health
or comfort, nor shall it be lawful for any person, without such permission,
to pollute or suffer or cause to be polluted within said territory,
any running stream of water with blood or offal, or other deleterious
or offensive matter, from cattle, sheep or swine, nor to permit or
suffer any such cattle, to remain within or upon said territory or
any portion thereof, whereby the comfort or health of others may be
or shall be affected. Any person who shall violate any of the provisions
of this section shall incur a penalty of $100 for each offense, to
be recovered by civil action in the name of the City of Albany, or
by a prosecution before a magistrate as for a criminal offense, as
provided by law. The following shall be the territory hereinbefore
mentioned, viz.: Commencing at a point on Warren Street, 40 rods west
of Allen Street, and running thence on a line down Warren Street to
Delaware Avenue; thence along Delaware Avenue to Second Avenue; thence
along Second Avenue to the east bounds of the City; thence along the
east bounds of the City to a point where the same is intersected by
North Ferry Street; thence westerly along North Ferry Street to Broadway;
and thence southerly to Van Woert Street; thence westerly along Van
Woert Street to Lexington Avenue; thence along Lexington Avenue to
Livingston Avenue; thence along Livingston Avenue to a point 160 rods
west of Allen Street; thence along a line 160 rods west from Allen
Street to Warren Street and the place of beginning.
Every proprietor of a manufactory, bindery,
printing office or establishment, workshop or other place of business
where women or girls are employed at labor, within the City of Albany,
shall erect, maintain and keep in proper repair and condition for
use, upon and within such manufactory, bindery, printing office or
establishment, workshop or place of business aforesaid, or its appurtenances,
a suitable urinal and water closet for the use of said woman and girls
so employed, which urinal and water closet shall be distinct and separate
from any urinal or water closet used by the male employees of such
factory, bindery, printing office, workshop or place of business.
Every person who shall neglect to comply with the provisions of § 223-20 of this article shall forfeit and pay the sum of $10 upon conviction thereof and shall also forfeit and pay the sum of $10 for each and every day after such first conviction during which said neglect shall continue.
It shall not be lawful for any person to kill,
butcher or sell within the City of Albany (whether alive or butchered,
or if in parts or otherwise) any cattle, sheep or hogs subject to
any disease, or that may have been bruised, or so debilitated as to
injuriously affect their health. Any person offending against the
provisions hereby shall be liable to a penalty of not less than $10
nor more than $50 for each offense.
Any person who shall throw, deposit, place or
cast, or cause to be thrown, deposited, placed or cast, into the Hudson
River, within the limits of the City, or in the Albany Basin any dead
animal, ordure, or deleterious, offensive, filthy or impure matter,
liquid or thing, including oils of any kind, or who shall place, locate
or deposit any dead animal, ordure, or deleterious, offensive, filthy
or impure matter, liquid or thing, including oils of any kind, near
said river or basin, so that the same or any part thereof may be washed
or carried, by rain, flood or otherwise, into said river or basin,
shall incur a penalty of not less than $50 nor more than $100 for
each offense.
The Common Council or Department of Health of
the City of Albany shall, whenever deemed advisable, fix and establish
some place or places for the depositing or destruction of any dead
animals or offensive matter required to be removed from said City.
No person or persons shall throw, allow to fall
or deposit in any vault, sink, privy or cesspool any offal, ashes,
meat, fish, garbage or other substance, except that of which any such
place is the appropriate receptacle.
No tenant, occupant, owner or agent of any building
or premises shall employ, cause or permit any part of the contents
of any vault, privy, sink or cesspool therein or thereon to be buried
or placed upon any lot, ground, yard or any structure, shed or building
within the limits of the City, without the permission of said Department
of Health.
Every owner, occupant, tenant or agent of any
building or premises adjacent to a street or public place in which
there is a main or common sewer shall construct or cause to be constructed
a drain to connect each and every vault or privy in such building
or upon said premises with said main or common sewer.
Every person or persons who shall construct
or cause to be constructed a vault or privy upon any ground which,
from its location, subjacent position or otherwise, cannot have access,
connection with or passage to some main drain or common sewer, shall
cause said vault or privy to be made watertight, to be built of brick
or stone and cement, or of wooden planks not less than two inches
in thickness. No vault or privy shall contain less than 80 nor more
than 216 cubic feet, nor be more than six feet in depth; nor shall
any such vault or privy be nearer than 30 inches from an adjacent
lot or premises, and every vault or privy shall be so constructed
as to be conveniently approached, opened and cleaned.
Every sewer or drain leading from a dwelling
house or other building in the City of Albany which is or may be inhabited
or occupied by a human being shall be provided with a good and sufficient
stench trap, which shall be placed therein and connected therewith
outside of said dwelling house or other building as aforesaid.
The owner of any dwelling house or other building
described in the foregoing section who shall fail, neglect or refuse
to comply with, or in any manner violate the provisions of said section
shall incur a penalty of $1 for each and every day of the continuance
of such violation, and in addition thereto shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not exceeding
$50 or imprisonment not exceeding six months for each and every offense.[1]
[1]
Editor's Note: Former Art. III, Department
of Public Health, consisting of §§ 223-31 through 223-51,
which immediately followed this section, was repealed 2-22-2001 by
L.L. No. 1-2001.
