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Full text of "[City documents, 1847-1867]"

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City Document. — JVo. 8, 
AN ORDINANCE 



RELATIVE TO 



Smsaitas, Bmm of Jfiltlj anb Cawses of Sklmess 



"WITHIN THE 



CITY OF ROXBUHY. 




ROXBURY: 
L. B. & 0. E. WESTON, PRINTERS, GUILD ROW. 

1862. 



Citu 0f ^o^burg. 



In Board of Aldermen, August 18, 1862. 
Passed to be enrolled. 
Sent down for concurrence. 

JOSEPH W. TUCKEK, City Clerk. 



In Common Council, August 25, 1862, 

Laid on the table, and fifty copies ordered to be printed for the use 
of the Council. 

JOSHUA SEAVEE, Clerk. 



AN ORDINANCE 

RELATIVE TO NUISANCES, SOURCES OF FILTH 
AND CAUSES OF SICE:NESS WITHIN THE CITY 
. OF ROXBURY. 



Be it ordained hy the City Council of the City of Roxhury, as 
follows : 

Section 1. The Mayor and Aldermen shall constitute the 
Board of Health of the city for all purposes, and shall exercise 
all the powers vested in and shall perform all the duties prescribed 
to the City Council as a Board of Health, subject only to any 
limitations and restrictions contained in the ordinances, regula- 
tions and orders of the City Council. And it shall be the duty 
of the Mayor to see that the laws and ordinances relative to pro- 
tecting the public health are enforced ; and he shall have power 
to call upon the police and the various city officers to aid him in 
the performance of these duties. 

Sect. 2. The department of internal and external Police, so 
far as it regards the preservation of the health of the city, is 
hereby placed under the superintendence of the City Marshal, 
whose duty it shall be, and he shall have power, to enforce 
all laws, ordinances, regulations and orders relating to all causes 
of sickness, nuisance and sources of filth existing within the 
city, subject always to the direction, authority and control of the 
Mayor and Aldermen, and of the Board of Health for the time 
being ; and he shall perform all services that may be required of 
him by the said Boards, or either of them. And he may, under 



the direction of the Mayor and Aldermen, or of any Committee of 
said Mayor and Aldermen, abate any nuisance, when the person 
or persons whose duty it is to abate tlie same has been legally 
notified to abate it and has neglected so to do, after the time 
fixed therefor in the notice served on said person or persons. 
And he shall abate any nuisance forthwith under the direction of 
the Mayor, when in his judgment the exigency for the immediate 
abatement thereof is so great, that delay for the action of the 
Mayor and Aldermen would be dangerous to the public health. 

Sect. 3. In the month of May or June, annually, there shall 
be appointed by concurrent vote of the City Council one or more 
consulting physicians, whose duty it shall be to give to the 
Mayor, or either Board of the City Council, all such professional 
advice and information as they may request with a view to the 
prevention of diseases, and at any and all convenient times to 
aid and assist them with their counsel and advice in all matters 
that relate to the preservation of the health of the inhabitants 
of the City of Roxbury. 

Sect. 4. Whenever upon due examination it shall appear to 
the Mayor and Aldermen that the number of persons occupying 
any tenement or building in the city is so great, as to be the 
cause of nuisance and sickness and the source of filth, or that any 
tenements or buildings are not furnished with sufiicient drains 
and privies and suitable vaults according to the provisions of this 
Ordinance, the Mayor and Aldermen may thereupon cause a 
notice in writing to be served according to law upon such per- 
sons, or any of them, requiring them to remove from and quit 
such tenement, or other building, within such time as the said 
Mayor and Aldermen shall deem reasonable. And if the person 
or persons so notified, or any of them, shall neglect or refuse to 
remove from and quit such tenement or building, within the time 
mentioned in such notice, the said Mayor and Aldermen are 
hereby authorized to cause said person or persons to be forcibly 
removed from said tenements or buildings, and such person, or 
persons, shall be liable to a penalty for such neglect and refusal, 
and also for the expense of their removal. And the Mayor and 
Aldermen may cause a notice in writing to be served upon the 
owner, or agent, or other person having charge of any such tene- 



5 

ments or buildings, of the intention of the Mayor and Aldermen 
to remove said occupants from said tenements or buildings, and 
if said owner, agent, or other person having charge of any such 
tenements or buildings shall abate such nuisance, cause of sick- 
ness, or source of filth, within the time prescribed in such notice, 
then said Mayor and Aldermen may delay action in the premises. 

Sect. 5. Each and every tenement within the City of E,ox- 
bury that is or may hereafter be used as a dwelling-house, shall 
be provided with a sufficient di-ain underground to carry off the 
waste water, and also with a suitable privy, and of a sufficient 
capacity in proportion to the number of inhabitants of such tene- 
ment, which vault and drain shall be in common and subject to 
the use of all said inhabitants. And all vaults or privies shall 
be so constructed that the inside of the same shall be at least two 
feet distant from the line of every adjoining lot, unless the owner 
of said adjoining lot shall otherwise agree and consent; and also 
two feet distant from any street, lane, alley, court, square or 
public place, or private passage-way. And every vault shall be 
made tight, so that the contents thereof cannot escape therefrom. 
And for any offence against the provisions of this Section, the 
owner or owners of each and every tenement so used as aforesaid 
shall forfeit and pay a sum not less than five dollars nor more 
than twenty dollars for each and every week during which said 
tenement, or any part thereof, shall be used as a dwelling-house. 

Sect. 6. If the Mayor and Aldermen shall at any time be 
satisfied that any tenement used as a dwelling-house is not pro- 
vided with a suitable privy and vault and drain or either of them 
as aforesaid, they may give notice in writing to the owner, agent, 
occupant, or person having the care thereof, or in case neither 
the owner, agent, or person having the care thereof is an inhabi- 
tant of the City of Eoxbury, then public notice in a newspaper 
printed in said Roxbury, if any newspaper be printed therein, if 
not, in two newspapers printed in Boston, requiring such owner, 
agent, occupant, or other person, within such time as they shall 
appoint, to cause a proper and sufficient privy and vault and drain 
or either of them to be constructed for such tenement, or other 
building ; and in case of neglect or refusal to obey such notice, 
the Mayor and Aldermen, or any Committee thereof, shall have 



power to cause such pi'ivy, vault and drain to be made for such 
tenement or other building, the expense of which shall be paid by 
such owner, agent, occupant, or other person having charge of 
such houses. 

Sect. 7. Whenever any vault, privy or drain shall become 
offensive or obstructed, the same shall be cleansed and made 
free, and the owner, agent, occupant, or other person having 
charge of the land in which any vault, privy or drain may be 
situated, the state and condition of which shall be in violation of 
the provisions of this Ordinance, shall remove, cleanse, alter, 
amend or repair the same, within such reasonable time after 
notice in writing to that effect given by the City Marshal as shall 
be expressed in such notice. In case of neglect or refusal so to 
do, the City Marshal, under the direction of the Mayor and 
Aldermen, or any Committee thereof, may cause the same to 
be removed, altered, amended, or repaired at the expense of the 
owner, agent, occupant, or other person as aforesaid, and such 
owner, occupant or other person shall also be liable to such pen- 
alties as are prescribed by law, or ordinance. 

Sect. 8. Whenever it shall appear to the Mayor and Alder- 
men that any cellars, lots, or vacant grounds are in a state of 
nuisance, or so situated that they may become a nuisance, and 
injurious to the health of the inhabitants, it shall be their duty 
and they are authorized to cause a notice in writing to be served 
according to law upon the owners or occupants thereof, and if 
there should be no occupants and the owners should not reside 
in the city, then public notice in any newspaper printed in Rox- 
bury, if any newspaper be printed therein, if not, in two news- 
papers printed in Boston, requiring said owners or occupants to 
have said nuisance or cause of nuisance removed, by draining, 
filling up or otherwise, as may be prescribed in said notice ; and 
in case of neglect or refusal to obey such notice, the Mayor and 
Aldermen shall have power to cause the same to be removed by 
filling up, draining, or otherwise as they shall deem expedient ; 
and the City Marshal shall proceed forthwith, under the direction 
of the Mayor and Aldermen, or any Committee thereof, to abate 
such nuisance in such manner as shall be prescribed, and said 
owners or occupants shall defray and pay all the expense thereof, 



and shall also be liable to such penalties as are prescribed by law, 
or ordinance. 

Sect. 9. Said City Marshal shall keep a record of all his 
proceedings under this Ordinance, and shall enter in books to be 
kept for that purpose all expenses caused by the abatement of 
nuisances and work done in relation thereto under this Ordi- 
nance, or under any regulations, orders and ordinances and laws 
relative to the public health. And he shall make out bills for 
the same against the person or persons liable by law to pay the 
same, and shall deliver said bills to the City Treasurer for col- 
lection. And the said Treasurer shall forthwith demand payment 
of said bills ; and in case any bills, dues, or assessment of ex- 
pense under this Ordinance shall remain unpaid at the expiration 
of three months after demand for payment as aforesaid, the said 
Treasurer shall cause the same to be collected by a resort to the 
proper legal process. If at any time the Mayor shall be satisfied 
that the interests of the city require it, he may cause legal pro- 
ceedings to be had at any time before the expiration of said three 
months after demand as aforesaid. 

Sect. 10. No person or persons, without leave of the Mayor, 
shall throw or deposit, or cause to be thrown or deposited, in 
any street, court, square, lane, alley, wharf, public square, or 
vacant lot, or into any pond, creek or river, any dirt, saw-dust, 
soot, ashes, cinders, shavings, hair, shreds, manure, oyster, 
lobster or clam shells, waste water, rubbish or filth of any kind, 
or any animal or vegetable matter or substance whatever. Nor 
shall any person or persons throw or cast any dead animal, or 
any foul or offensive ballast, into any dock or other of the waters 
within or adjoining the city, nor shall any person land any foul or 
offensive animal or vegetable substance within the city. 

Sect. 11. If any of the substances in the preceding section 
mentioned shall be thrown or carried from any house, warehouse, 
shop, cellar, yard, or other place, into any street, lane, alley, 
court, square, public place or vacant lot, as well the owner of 
such house or other place whence the same shall have been 
thrown or carried, as the occupant thereof and the person who 
actually threw or carried the same, or who caused the same to be 
thrown, carried or left, shall severally be held liable for such 



violation of this Ordinance. And all such substances shall be 
removed from the street, lane, alley, court, square, public place 
or vacant lot, by and at the expense of the owner or occupant of 
the house or other place whence the same were thrown or carried, 
within two hours after personal notice in writing to that effect, 
given by the Mayor and Aldermen, or City Marshal. 

Sect. 12. All dirt, saw-dust, soot, ashes, cinders, shavings, 
hair, shreds, manure, oyster, lobster or clam shells, waste water, 
or any animal or vegetable substance, rubbish or filth of any 
kind, in any house, warehouse, cellar, yard or other place, which 
the Mayor and Aldermen shall deem it necessary for the health 
of the city to be removed, shall be carried away therefrom by 
and at the expense of the owner or occupant of such house or 
other place where the same shall be found, within twenty-four 
hours after notice in writing to that effect, given by the Mayor 
and Aldermen, or the City Marshal. 

Sect. 13. No person shall sell, or offer for sale, or have in 
his possession in any of the public or private markets, or in any 
other place, any unwholesome, stale, or putrid meat, fish or fruit, 
or other articles of provisions, or any meat which has been blown, 
raised, or stuffed, or any diseased or measly pork. 

Sect. 14. No person or persons shall keep any swine or goat 
within the limits of the City of Roxbury, without a permit signed 
by the Mayor of said city. 

Sect. 15. The City Marshal, or any person authorized by 
the Mayor, or any of the regular Police of the City of Roxbury 
authorized by the City Marshal, shall and may at any time be- 
tween sunrise and sunset enter into any building within the city, 
for the purpose of examining into, destroying, removing, or pre- 
venting any nuisance, source of filth, or cause of sickness therein, 
or in any cellar belonging thereto. And if any person shall 
refuse to admit such officer or other person so authorized into 
said building, the City Marshal shall make complaint according 
to the Statute in such case made and provided, and shall there- 
upon proceed according to law to examine such building or other 
place, and to destroy, remove, or prevent any nuisance, source 
of filth, or cause of sickness that may be found there, in such 
manner as the Mayor and Aldermen shall direct. And the said 



City Marshal, or other person authorized as aforesaid, shall and 
may at any time between sunrise and sunset enter into any yard, 
or lot of ground, or into any outhouse, and examine any alley, 
sink, cesspool, privy, vault, public or private dock or slip, or 
drain, or sewer, and shall report to the Mayor and Aldermen all 
such as the health or security of the city may require to be 
cleansed, altered or amended. 

Sect. 16. Any person offending against any of the provisions 
of this Ordinance to which a particular penalty is not annexed 
and in relation to which a penalty is not prescribed by the laws 
of the Commonwealth, shall forfeit and pay a sum not less than 
five dollars nor more than twenty dollars for each offence. 

Sect, 17. The Ordinance No. 14, entitled "An Ordinance 
prescribing Rules and Regulations relative to Nuisances, Sources 
of Filth and Causes of Sickness within the City of Roxbury," 
and the Ordinance No. 36, entitled "An Ordinance in addition to 
An Ordinance prescribing Rules and Regulations relative to 
Nuisances, Sources of Filth and Causes of Sickness within the 
City of Roxbury," and the Ordinance No. 59, entitled "An Ordi- 
nance in addition to An Ordinance prescribing Rules and Regu- 
lations relative to Nuisances, Sources of Filth and Causes of 
Sickness within the City of Roxbury," and all parts of Ordinances 
inconsistent with this Ordinance, are hereby repealed. 

Sect. 18. This Ordinance shall take effect from and after its