WA N576C 1866 f NEW YORK (STATE) LAWS, ETC. CODE OF HEALTH ORDINANCES MEDICINE NATIONAL LIBRARY OF MEDiCINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY ^ IVNOIIVN 3NIDIQ3W dO Aava8ll IVNOIIVN 3NIDI03W dO AaVaaiT IVNOIIVN 3NIDIC13W dO AH> ^ V i '\F* s&r -• my • 'x %* * >* MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRAR ivnoiivn 3NiDia3w do Aavaan IVNOIIVN 3NIOICI3W dO Aavaan IVNOIIVN 3NIDICI3W dO k^ MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRAR 1 IVNOIIVN 3NIOK33W dO AHVaail IVNOIIVN 3NIDIC13W dO Aavaail WNOIIVN 3NIDI03W dO AS p- v' £) '"•'" £ MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRAR v^. L ,*V' I WNOIIVN 3NIDia3W dO AMV88M WNOIIVN 3NIDIQ3W dO AHVa8ll WNOIIVN 3NIDI03W dO AH MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRARY OF MEDICINE NATIONAL LIBRAR f^S & S\ WNOIIVN 3NIDIQ3W dO AaVafln WNOIIVN 3NIOIQ3W dO AHVaaH WNOIIVN 3NIOIQ3W dO '» O} METROPOLITAN BOARD OF HEALTH. CODE HEALTH ORDINANCES, AND gtatos m& fanttawj § «ptatiM«. 18 6 6, And its Amendments lefa-gork: JOHN W. AMERMAN, PRINTER, No. 4T. Cedar. Street. 1866. C; NATIONAL LIBRARY OF MtUiwuL BETiiLSDA 14, I/J. ' METROPOLITAN SANITARY DISTRICT OF THE STATE OF NEW-YORK. At a meeting of the Metropolitan Boaed of Health, held at its office, at No. 301 Mott-street, in the City of New-York, on the twentieth day of April, 1S66. Said Board does hereby make and adopt the following " Code of Health Ordinances," and make the several " Sanitary Regulations," (in addition to other regulations,) and make and issue the several "Orders" and " Rules" following, (the said orders, rules and sanitary regulations being the several sections of said Code,) and numbered consecutively from section one to section one hundred and sixty-five, inclusive; all as the seventy-fourth chap- ter of the Laws of 1866 in that behalf provides ; and pro- clamation is made, to wit: CODE OF HEALTH ORDINANCES. Section 1. That the term "District" and "said Dis- trict" and " this District," whenever used herein, shall be held to mean the "Metropolitan Sanitary District of the State of New-York;" that the word "Board," " this Board" and " said Board," shall be held to mean the " Metropolitan Board of Health ;" that the words " per- son," "owner," "tenant," "lessee," " occupant," " con- tractor," " party," " manager," " Board" and " officer," shall respectively be held to apply to and include, both 4: jointly and severally, each and all owners, part owners, tenants, lessees, occupants, managers, contractors, parties in interest, persons, officers, boards and corporations, who may sustain the relations, or be in like position of any one or more thereof referred to in any ordinance or regulation ; that every order, ordinance or regulation declared appli- cable to the built up portion of New-York or Brooklyn, shall, so far as the subject matter thereof is applicable, (save as to interments,) and this Board has authority to make the same, be held to include and apply to the built up portions of every city and village within said District; that every word or phrase anywhere herein defined shall be held to be used in the same sense wherever used ; that the word " regulations" shall be held to include " special regulations;" (which latter will be from time to time issued, and will contain more detailed provisions than can be conveniently herein set forth;) that the word " permit" shall be construed to mean the permission in writing of this Board, issued according to its by-laws, rules and regulations ; and that every " report herein re- quired shall be held" to be a report in writing, signed by the person (and indicating his official position) who makes the same; that the word "light" or "lighted" shall be held to refer to natural, external light; and that all words and phrases herein defined shall also include their usual and natural meanings, as well as those herein especially given. Sec. 2. That no person shall carelessly or negligently do or advise or contribute to the doing of any act or thing dangerous to the life, or detrimental to the health of any human being; nor shall any person knowingly do or advise, or contribute to the doing of any such act or thing, (not actually authorizsd by law,) except with justifiable motives and for adequate reasons; nor shall any person omit to do any act, or to take any precaution, reasonable and proper, to prevent or remove danger or detriment to the life or health of any human beino-. 5 Sec. 3. That no doctor, druggist or other person shall make, sell, put up, prepare or administer any prescrip- tion, decoction or medicine under any false, deceptive or fraudulent name, direction or pretence; nor shall any false or deceptive representation be made by any person to any other as to the kind, quality, purpose or effect of any such or other drug, medicine, decoction, drink or other article offered or intended to be taken as food, drink or medicine; save that, for a good cause, and with a proper motive, the facts relative to any article aforesaid may be withheld from persons being under derangement or de- lusion, or in a feeble state of mind, the same being pru- dently and properly done for the benefit of such person. Sec. 4. That no poisonous medicine, decoction or sub- stance shall be held for sale or sold, except for lawful purposes and with proper motives, and by persons com- petent to give the proper directions and precautions as to the use thereof; nor shall any bottle, box, parcel or re- ceptacle thereof be delivered to any person unless the same is marked poison, nor to any person which the party who delivers the same had reason to think intended it for any illegal or improper use or purpose. Sec. 5. That no person shall make, offer, or have for sale, or keep at any place of sale, any "poisonous, un- wholesome, deleterious or adulterated drugs, drink, medi- cines or food," or in respect thereto omit a*ny act or thing required, or do any act forbidden by any law or health regulation of this State applicable in any part of this District. Sec. 6. That no person shall violate the following pro- vision of the § 14 (of the 74th Ch.) of the Health Law of 1866, which is as follows, to wit: " And it is hereby declared to be the duty of every " owner and part owner and person interested, and of 6 " every lessee, tenant and occupant of or in any place, u water, ground, room, stall, apartment, building, erec- " tion, vessel, vehicle, matter and thing in said District "and of every person conducting or interested in busi- " ness therein or thereat, and of every person who has " undertaken to clean any place, ground or street therein, " and of every person, public officer and board having " charge of any ground, place, building or erection there- ." in, to keep place, and preserve the same and every part, " and the sewerage, drainage and ventilation thereof, in " such condition, and conduct the same in such manner " that it shall not be dangerous or prejudicial to life or " health." Sec. 7. That the Inspectors of this Board, and its proper officers and agents, shall make the inspections and exami- nations required by the last mentioned law; that the Board of Police do execute and cause to be executed, as said law contemplates, all the orders of this Board, unless the contrary shall be specially ordered, (including as well these orders and the other several orders already and those hereafter to be made,) and all persons are hereby forbidden to interfere with or obstruct said inspection, examination or execution. Sec 8. That the Board of Metropolitan Police (and its officers and men, as the last named Board shall direct) shall promptly advise this Board of all threatened danger to life or health, and of all matter thought to demand"!ts attention ; and all Boards of Health and Health Officers, and the Commissioners of Quarantine and the Health Offieer of the Port of New-York, shall respectively give information to this Board concerning any threatened danger to the public health, as the § 15, § 16 and § 17 of said law contemplates; and said last mentioned Boards and officers, and all persons, officers and Boards there- in referred to, are hereby required to comply with 7 the following provision of the § 24 of said Health Law, to wit: " And it is hereby further made the duty of all persons, "officers and Boards to make to said Board of Health " the reports and returns, and to give the information and " afford to said Board the aid and facilities which by " law or ordinance they or any of them were required to " make, afford or give to any person, officer or Board, " when any powers hereby conferred on said Board of " Health were exercised by any other officer or Board." Sec. 9. That it shall be the duty of the institution, per- sons and officers hereinafter referred to, to comply with the directions, (and with any regulation and rule of this Board relative thereto,) contained in the following portion of said last recited (§ 24) section, to wit: " And said Board is authorized to require reports and "information (at such times, and of such facts, and gen- " erally of such nature and extent, relating to the safety " of life and promotion of health as its by-laws or rules "may provide) from all public dispensaries, hospitals, " asylums, infirmaries, prisons and schools, and from the " managers, principals and officers thereof, and from all " other public institutions, their officers and managers, " and from the proprietors, managers, lessees and occu- " pants of all theatres and other places of public resort " or amusement in said District, &c, &c.; and it is " hereby made the duty of the officers, institutions and " persons so called on or referred to, to promptly give "such information and make such reports, verbally or in " writing, as may be required by said Board." Sec. 10. That it shall be the duty of all persons and officers therein referred to, to conform to and facilitate the execution of the following provisions of the § 22 of said Law of 1866, lo wit: 8 " And it is hereby made the duty of all boards, officers " and agents having the control, charge or custody of any " public structure, work, ground or erection, or of any "plan, description, outline, drawing or chart thereof, or " relating thereto, made, kept or controlled under any " public authority, to permit and facilitate the examina- tion and inspection, and the making of copies of the " same, by any officers or person thereto by said Board " authorized; and the members of said Board, the Sani- "tary Superintendent or assistant aforesaid, any one of " the aforesaid Sanitary Inspectors, and such other officer " or person as may at any time be by said Board author- ized, may, without fee or hindrance, enter, examine and "survey all grounds, erections, vehicles,-structures, apart- "ments, buildings and places in said District, including "vessels of all kinds in the adjacent waters, and all cel- "lars, sewers, passages and excavations of every sort, "and inspect the safety and sanitary condition, and make " plans, drawings and descriptions thereof, according to "the order or regulations of said Board. " Said Board may make and publish a report of the "sanitary condition, and the result of the inspection of " any place, matter or thing in said District, &c, &c. Sec. 11. That every person is required to take notice of the following provision of section 14 of the act last referred to, to wit: " Any member of the police force, and every inspector " or officer of said Board of Health, as the regulations of " either of said Boards may respectively provide relative " to its own subordinates, may arrest any person who shall, " in view of such member or officer, violate, or do or be " engaged in doing, or committing in said District, any " act or thing forbidden by this act, or by any law or " ordinance, the authority conferred by which is given " to said Board of Health, or who shall, in such presence, " resist or be engaged in resisting the enforcement of 9 " any of said orders of said Board, or of the Board of " Police, made pursuant thereto. And any person so ar- " rested shall be" thereafter treated and disposed of as any " other person duly arrested for a misdemeanor." Sec. 12. That no person, officer or Board within saidL^-J-*- District, (except this Board or its proper officers, and as £$**£%' its regulations shall provide,) shall grant, sign or deliver p-445- any Certificate or " Bill of Health." Births, Deaths and Marriages. Sec. 13. That every clergyman, magistrate and other chap. 659, person who may perform a marriage ceremony, shall isss.^ ^ make and keep a registry of the marriage celebrated, and §§i3andis. therein enter the full names of the parties married, and the residence, age and condition of each : and every physician, midwife and other person who may profession- ally assist or advise at any birth, shall make and keep a registry of every such birth, and therein enter the time and place, ward and street, number of such birth, and the sex and color of every child born, and the names and residence of each of the parents; (so far as the foregoing facts can be ascertained ;) and every physician and pro- fessional adviser who has attended any person at a last illness, or has been present by request at the death of any person, shall make and preserve a registry of such death, stating the cause thereof, and specifying the date, hour, place and street number of such death. Sec 14. That it shall be the duty of every person mentioned in the last section, (or required to make or keep any such register,) to present to this Board a copy of such register, signed by such person, or a written state- ment, by him signed, of all the facts in said register re- quired to be entered, within five days after the birth or marriage, and within thirty-six hours after the death of any person to whom such registry may or should relate. 10 Sec 15. That every clerk, officer and person within said District, required by the one hundred and fifty-second (152) chapter of the Laws of 1847, or by the three hun- dred and eightieth (380) chapter of the Laws of 1864, to make or preserve any entry, registry, record or certificate, as to births, deaths or marriages, shall send, or cause to be sent, to this Board, within five days after knowledge of the birth, death or marriage, a statement in writing, containing all the particulars in respect thereto, (so far as reasonably ascertainable,) which, in any other section hereof, are required to be stated by any person relative to any birth, death or marriage. Sec 16. That every person therein referred to shall perform the acts required in the following provisions of the section 13 of said Health Law>of 1866, to wit: " It shall be the duty'of the next of kin of any person " deceased, and of each person being with such deceased " person at his or her death, and of the person occupying " or living in any house or premises in or on which any " person may die, and of the parents of any child born " in said District, (and if there be no parent alive that " has made such report, then of the next of kin of such " child born,) and of every person present at such birth, " within five days after such birth or death, to report to " said Board in writing, so far as known, the date, ward " and street number of said birth, and the sex and color " of such child born, and the names of the parents, and " the age, color, nativity, last occupation, and cause of " death of such deceased person, and the ward and street, " and place of such person's death and last residence." Sec 17. That it shall be the duty of all coroners in said District to make return to this Board of all inquisi- tions by them taken, except when, by law, such inquests are required to be filed elsewhere; and in any case of an inquest not returned to this Board, it shall be the duty of 11 the coroner who took the same, within three days after the taking thereof, to file a written statement with this Board, signed by him, stating, so far as he is able, where and upon the body of whom said inquest was held, and the cause, and date and place of the death of such person. Sec 18. That it shall be the duty of every person who has discovered or seen the body of a dead human being, or any part thereof, (if there is reason for such person to think that the fact of the death, or the place of such body, or part thereof, is not publicly known,) to immedi- ately communicate to this Board the fact of such dis- covery of such body, the place where and time when the same was discovered or seen, and where the same is or may be found, and any facts known by which said body may be identified. Physicians, Diseases, Boarding-House Keepers, &c. Sec 19. That the word physician shall include dentists, Lawsi863, and every other person who practices about the cure of LaWilso*. the sick or injured, or who has the charge of, or profes-3, §34. ' sionally prescribes, for compensation, for any person sick, injured or diseased ; that the phrase " contagious disease" shall be held to include all persons sick, affected or at- tacked by or of a disease of an infectious, contagious or pestilential nature, (more especially, however, referring to the cholera, yellow fever, small-pox, ship or typhus fevers, but also.) including any new disease of an infec- tious, contagious or pestilential nature, and also any other disease publicly declared by this Board dangerous to the public health ; and every physician in said District shall at all times cause his or her name, office and resi- dence, and also his or her kind and class of practice to be registered with this Board, and in a manner according to its regulations. Sec 20. That every physician shall report to this Board in writing every person (and the state of his or her 12 n. Laws disease, and his or her place of dwelling and name, if ' Brooklyn known) which such physician has prescribed for or at- Laws, p. 122, , , ,. ,. ' • -i. n ____i. §5. tended for or having a contagious disease, during any part of the preceding twenty-four hours; but not more than two reports shall be required in one week concerning the same person ; and except that one such report to be made daily concerning all the patients at any hospital, asylum or institution shall be sufficient; but every attending or practicing physician thereat must, at his peril, see that such report is or has been made by some attending phy- sician. h. LawsN. Sec 21. That every keeper of any boarding-house or 36!' pp' 'lodging-house, and every inn-keeper and hotel-keeper, shall daily report in writing to this Board the same par- ticulars (in the last section required of any physician) concerning any person being at any of the aforesaid houses or hotels affected with any contagious disease. h.Bin,§24. Sec 22. That the commissioners, managers, principal or other proper head officer of each and every public or private institution in said District shall daily report in writing (or cause such report by some proper and compe- tent person to be made daily) to this Board, and state therein the name (if known) and condition and disease of any and every person being thereat, and sick of any con- tagious disease. H.Laws Sec 23. That the master, chief officer and consignee, §k ''p* 'or one of them, of every vessel, (not being in quarantine or within quarantine limits, but) being within one-fourth of a mile of any dock, wharf, pier or building in any city, village or town in said District, shall daily report to this Board, or cause to be reported, in writing, the par- ticulars, and shall therein state the name, disease and condition of any person being in or on such vessel, and sick of any contagious disease. Sec 24. That it shall be the duty of every person 13 knowing of any individual in said District sick of any H.Laws contagious disease, (which last named person shall have reason to regard such individual as neglected or not pro- perly cared for, to avoid giving said disease to others,) and the duty of every physician hearing of any such sick person, which he shall have reason to think requires the attention of this Board, to at once report the facts to this Board in regard to the disease, condition and dwelling- place or position of such sick person. Sec 25. That no person shall, within the built up portions N h. Law* of any city or village, without a permit from this Board, 32>33'84- carry or remove from one building to any other, or from any vessel to the shore, any person sick of any contagious disease, except that, outside of the built up portions of the Cities of New-York or Brooklyn, such removal from any building may be made pursuant to the written con- sent of two physicians in regular practice, or of two in- spectors of this Board. Nor shall any person, by any exposure of any individual sick of any contagious dis- ease, (or of the body of such person,) or by any negligent act connected therewith, or in respect of the care or cus- tody thereof, or by a needless exposure of himself, cause or contribute to or endanger the spread of disease from any such person or from any dead body. Sec 26. That no captain, officer, consignee, owner orBrooklLnaws other person in charge of any vessel (or haying right and pp- ^p^s authority to prevent the same) shall remove or aid in re- n. t., p. 36. moving from any vessel to the shore (save as legally authorized by the Health Officer of the port of New- York, and into quarantine grounds or building only) any person sick of, or person that has been exposed to and is liable very soon to develop any contagious disease, nor so remove or aid in removing any articles that have been exposed to the contagion of any such disease, except in accordance with a permit of this Board, or with its special regulations. 14 Laws Sec 27. That the keeper, lessees, tenants and owners 122,§6.' 'of every boarding-house and lodging-house shall, within n. t'., pP. six hours after the fact shall come to his or her or their o5 86 knowledge, notify this Board in writing of the fact of any seafaring man or person lately from any vessel being taken sick at such house, and shall in such notice state where such sick person may be found, and from what vessel, and when he came, to the best of the knowledge of the person giving such notice. ii. Laws Sec 28. That no parent, master or custodian of any N. T., p. 81, • i , §5. minor (having power and authority to prevent) shall permit any such child or minor to be unnecessarily ex- posed, or to needlessly expose any other person, to the taking or to the infection of any contagious disease. Vaccination. H.Biii, §16. Sec 29. That every person, being the parent or guar- dian, or having the care, custody or control of any minor or other individual, shall (to the extent of any means, power and authority of said parent, guardian or other person, that could properly be used or exerted for such purpose) cause and procure such minor or individual to be so promptly, frequently and effectively vaccinated, that such minor or individual shall not take, or be liable to take the small-pox. Quarantine, and Infected Persons and Property. pJwS'Sft SEa 30- That the Health 0fficer of the Port of New- §§L2a7wfi85Tjork 353> ing of cattle, shall be began or undertaken at any new or additional place within the cities of New-York or Brook- lyn, except pursuant to a permit from this Board; nor shall any person or corporation keep any slaughter-house or yard, or any cattle therein, after the first day of June, 1866, without a permit from this Board. Sec 61. That no person shall kill or dress any animal or meat in any market, nor have, or permit to escape therein, or within one hundred feet thereof, any poisonous, noxious, nauseous or offensive substance. 24 Sec 62. That no butcher or dealer shall keep in any market any refrigerator, ice-box, cask, ice or pickle, unless the same shall be placed in the rear of his stable or stand, and within the limits thereof, nor unless the same shall be lined with lead or some proper metallic sub- stance, so as to be water-tight, nor unless the same be provided with a pipe of lead, zinc or copper leading therefrom to the nearest gutter. Sec 63. That no person engaged in the selling or keep- ing for sale of any fish, meat, birds, fowl or vegetables, shall, without a permit from this Board, occupy or en- croach upon any portion of any street or sidewalk, or public place in the City of New-York. That no person shall, in the built up portion of New- York or Brooklyn, or adjacent thereto, sell or have for sale any fish in or from any vehicle or in any street or public place, from which all parts which are not usually cooked for food have not been removed. Of Garbage, Ashes, Public Streets, &c. Sec 64. That the word "street," when used in these ordinances, shall be held to include avenues, sidewalks, gutters and public alleys ; and the words " public place" shall be held to include parks, piers, docks and wharves, and water and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces be- tween buildings and streets, and in view of such streets; the word " ashes " shall be held to include cinders, coal, and everything that usually remains after fires ; the word " rubbish " shall be held to include all the loose and de- cayed material and dirt-like substance that attend use or decay, or which accumulates from building, storing or cleaning; the word "garbage" shall be held to include every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the preparation, decay, and dealing in or storage of meats, fish, fowls, birds or 25 vegetables ; and the word " dirt" shall be held to mean natural soil, earth and stone. Sec 65. That no part of the contents of or substances from any sink, privy or cesspool, nor any manure, ashes, garbage, rubbish or dirt, shall be by any person flung or allowed to run or drop into or remain in any street or public place, (except as herein elsewhere specified,) nor shall the same be thrown or allowed to fall or run into the North or East Rivers, nor into any sewer, or save through the proper underground connection. Sec 66. That no swill, brine, (urine of animals or other offensive animal nuisance,) nor any stinking, noxious liquid, or other filthy matter of any kind, shall by any p'erson be allowed to run or fall from or out of any build- ing, vehicle or erection, into or upon any street or public place, or be taken or put therein, save as herein elsewhere provided. Sec 67. That no person shall deposit upon any street Nyn. Laws or public place (within the generally built up portion of122>124.125' New-York or Brooklyn) any dirt or brick, or other ma- terial, or dirt taken from any ground therein, in such manner as to'occupy more than one hundred square feet of surface of any street or place, (and the same shall be compact and at one side,) nor allow the same to remair more than twelve hours, without a permit from this Board, or unless such occupancy shall be otherwise duly authorized by paramount authority. Sec 68. That it shall be the duty of every owner, tenant, N yH. Laws lessee and occupant of any and every building or P^ce^^Laws of business in the generally built up portions of the cities pp-S4i,842. of New-York and Brooklyn, within forty days after the publication hereof, to provide or cause to be provided, and at all times thereafter to keep and cause to be kept and provided, within such building or place of business, 26 (or within the area or upon the sidewalk in front of every such building or place of business,) a suitable and sufficient box, barrel or tub, (and several thereof, if needful,) for receiving and holding, without leakage, and without being filled to within four inches of the top thereof, all the ashes, rubbish, garbage, (and liquid substances of whatever kind,) that may accumulate during thirty-six hours from said building or place of business, or the , portion thereof of which such person may be the owner, tenant, lessee or occupant; and every such box, barrel and tub designed to hold ashes, shall be made of some suitable metal; and all ashes, rubbish, garbage and liquid substances that should be removed from such building and place of business, (or from that part for which said receptacles were provided, and none other, without the proper consent,) shall be daily placed therein before nine o'clock in the forenoon of every day, or shall be retained in said building or place until the proper carts come to take the same away; and no such box, barrel or tub shall remain on any sidewalk or in any public place longer than may be needful for the removal of the contents thereof. Sec 69. That such boxes, tubs and barrels shall be placed and kept in such position (unless kept within or upon private grounds, within the sidewalks) as the in- spectors or agents of this Board shall provide or the po- lice direct; and no person, not for that purpose author- ized, shall interfere therewith,* or with the contents thereof. :'pLi228 ^Ea ^' ^at a^ occuPants> so preferring, may deliver ' their ashes, garbage and rubbish directly to the proper carts, to be taken away at any hour of the day when said carts may be present; and said carts may take such articles from receptacles delivered at any such hour; provided, that such garbage or rubbish be not highly filthy or offensive; and in the latter case, the 27 same shall not be so delivered or received during the period from sunrise of any day till ten o'clock of the evening of the same day, without a permit from this Board, or one of its inspectors or officers. Sec 71. That no lime, ashes, dry sand, hair, feathers h.Laws' or other substance that is in a similar manner blown by the wind, shall be sieved or agitated or exposedj nor shall any mat, carpet or cloth be shaken, nor any cloth, yarn, garment or material or substance be scoured, cleaned or hung over, nor any business be conducted over or in any street or public place, or where it, or particles therefrom, or set in motion thereby, will be blown into any such street or public place. That neither any usual nor any reasonable precaution shall be omitted by any person to prevent fragments or other substances from falling, to the peril of life, or dust and light material flying into any street, place or building, from any building or erection, while the same is being altered, repaired or demolished. Sec 72. That every person who shall have paved, or H.Laws caused to be paved, any street or place, shall cause all rubbish, dirt, and whatsoever else he has deposited, or allowed to be deposited on such pavement, to be removed from the several parts of such pavements within five days from the time of the same being deposited thereon. And every person who has removed any flag-stone, curb- stone, pavement-stone or other stone, or dirt or iron in or from any street, sidewalk or place, for the purpose of re- pairs, or for the purpose of paving, flagging, or curbing or repairing, re-curbing or re-flagging, or making any re- pairs or changes, or otherwise, shall cause the same (or a proper substitute therefor) to be placed or replaced and completed as soon as the same can reasonably ba done. Sec 73. That no owner, part owner, tenant or occu- pant of any building or erection shall allow any part thereof, or any substance therein, or anything thereto at- 28 tached, and which any such person can control or remove, to continue or remain in a position or condition that shall imperil the life or safety of any person who is or may properly be in any street or place. Sec 74. That no person shall take, carry, expose or place (or induce any other person so to do) in or upon any street or public place any substance, animal or thing which shall imperil the life or health of any person who is or may properly be in such street or place. H.Laws Sec 75. That no person (being owner, lessee or tenant 180, i8i,PP§of any house or building) shall allow any water or other noxious liquid to run from or out of his building, erec- tion or ground, upon or across any sidewalk or curb-stone or public passage, (other than a street,) and if such sub- stance is allowed to pass upon any street it must reach the same by a passage (to be kept at all times adequate and in repair by such person) under or through such flag- stone or curb-stone; and no such water or other liquid, or ice therefrom, shall be allowed to gather or remain on the upper surface of such curb, flag-stone or passage; nor shall such person allow any accumulation of such water or liquid, or the ice therefrom, upon any street or place, but shall, at all times, cause the same to be re- moved, or to pass along the gutter or some proper passage to one of the rivers or into a sewer. Sec 76. That no butchers' offal or garbage, nor any dead animals, nor any putrid or stinking animal or vege- table matter, shall be thrown by any person into any street, place, sewer or receiving basin, or into any stand- ing or running water or excavation, or upon the ground or preinises of any other person in said District. n.y^pLi63! Se°' ^' That eveiT Person, when cleaning any street, Sis- 'shall clean, and every contractor shall cause to be cleaned, the gutters and parts of the streets along which 29 the water will run, before using any water to wash the same; and no substance that could be before scraped away shall be washed or allowed to be carried or be put into any sewer, or into any receptacle therewith con- nected. Sec 78. That no person shall throw, or allow to run or h. LawsN. ,,. . . , , T., pp. 168, pass into any public reservoir, water pipe or aqueduct, ori64,165. into or upon any border or margin thereof, or excavation or stream therewith connected, anyf)animal, vegetable or mineral substance whatever; nor shatll any person allow the same to be done, (having power and right to prevent the same;) nor shall any person do or permit to be done, (having right or power to prevent the same,) any act or thing that will impair or peril the purity or whole- someness of any water or other fluid used or designed as a drink in any part of said District; nor shall any person bathe, (nor except in the discharge of a public duty, put) any part of his person into such water; nor shall any per- son open any erection or unscrew any hydrant holding such water. Sec 79. That it shall be the duty of every person, H.LawsK. officer and Board, having any authority and control ini68.PP* ' regard to any water designed for human consumption, (and within the proper sphere of the duty of each thereof,) to take all usual and also all reasonable measures and precautions to secure and preserve the purity and whole- someness of such water. 1 Sewer Connections and Sewers. Sec 80. That it shall be the duty of every person using, making or having any drain, soil pipe, passage or connection between any sewer, (or with either the North or East Rivers,) and any ground, building, erection or place of business, and in like manner the duty of the owner and tenant of all grounds, buildings and erections, (and of the parties interested in such place of business 30 or the business thereat,) and in like manner the duty of all Boards, officers and persons (to the extent of the right and authority of such) to cause and require that such drain, soil pipe, passage and connection shall at all times be adequate for its purpose, and shall convey and allow freely and entirely to pass whatever enters or should enter the same. H.LawsN. Sec 81. That it shall be the duty of all Boards, officers s3','/25. 'p'and persons having power and authority so to do or re- quire, (and to the extent thereof,) to cause to be used suf- ficient water, and other adequate means to be taken, so that whatever substances may enter any sewer shall pass speedily along and from the same, and sufficiently far into some water or proper reservoir, so that no accu- mulations shaM take place, and no exhalations from thence proceed dangerous or prejudicial to life or health. H.LawsN. Sec 82. That the proper officers and authorities shall, 168.pp# ' to the extent of their power and ability, cause the sewers and drainage of all cities and villages in said District to be so well located and constructed, so adequate in size, and to be so kept in repair and cleaned, and so adequately supplied with water, and with such proper arrangements and constructions in every particular, that life and health shall not be needlessly exposed, or suffer unnecessary peril or detriment by their neglect, or by reason of the defects or deficiencies of any sewers or drainage, or the want thereof. Scavengers, Carts, Privies, Sinks and Cesspools. H.LawsN. Sec 83. That no person shall engage in the business JL»! PP. OV) rt GO 89,102. of a scavenger, or of transporting manure, swill, ashes, offal, rubbish or garbage, or any offensive or noxious substance, (or in driving any cart for such purpose,) in the cities of New-York or Brooklyn, (except the persons 31 acting under the street cleaning commissioners, or the contractors for cleaning the streets, and as this Board may provide,) until he shall have first received a permit from this Board, of such form and effect as the regula- tions of the Board shall provide, authorizing such person so to engage. Sec 84. That no person shall empty, or attempt to H.Laws empty, any vault, sink, privy or cesspool in the cities of?26T" p*88' New-York or Brooklyn, except pursuant to a permit therefor first received from this Board. * Sec 85. That no vault, privy, sink or cesspool shall H.LawsN. hereafter be made or rebuilt in the cities of New-York or 'P' Laws Brooklyn, except in accordance with the regulations, pp- ssi, 3's2- and pursuant to a permission first obtained from this \^ Board ; nor shall any erection or cover be made or put upon, or over the same, until the same has been in- spected by some person authorized by this board, and been found to correspond to such permit and regulations. Sec 86. That no water-closet, sink, tub, vat or other H.LawsN. structure shall hereafter be constructed within either the Iii pp' 112' City of New-York or Brooklyn, (having connection with, Brooklyn^ or by any sewer or underground passage,) unless the same is provided with adequate, or the best generally approved constructions and precautions for preventing gases and other offensive currents, substances or smells from passing up or out through such connection from such sewer or passage ; nor shall any such water-closet or privy be constructed without adequate provisions for the effectual and proper ventilation and cleansing thereof. Sec 87. That no person shall draw off, or allow to run off into any ground, street or place of any city the con- tents (or any part thereof) of any vault, privy, cesspool or sink; nor shall any owner, tenant or occupant of any 352. 32 building to which any vault, sink, privy or cesspool shall appertain or be attached, permit the contents, or any part thereof, to flow therefrom, or to rise within two feet of any part of the top thereof, or permit said contents to become offensive. Sec 88. That neither the owner, tenant nor occupant of any building or premises, in the built up portions of either the City of New-York or Brooklyn, shall em- ploy, cause or permit any part of the contents of any vault, privy, sink or cesspool (being thereon, and of which he has control) to be removed, unless according to a permit (or the regulations) of the Board. Sec 89. That no person shall throw into, or deposit in any vault, sink, privy or cesspool, any offal, ashes, meat, fish, garbage or vegetable substance, except that of which any such place is the appropriate receptacle. Sec 90. That every tub or other receptacle in any ' necessary house, sink or privy, (or placed, or allowed to stand therein by any owner, tenant or occupant of any building or premises, and) used to contain any liquid or partially liquid substance, shall be sufficiently strong, perfectly tight, adequately provided with strong metallic hoops and handles; shall not be allowed to be filled to within four inches of any part of the top, and shall not be allowed (or its contents) to be offensive. And the provisions of these ordinances relative to emptying cess- pools, and to throwing any substance therein, shall apply to said tubs and receptacles as if here repeated and ap- plied thereto. And no person shall throw, drop or allow to fall into the North or East River, or into any street or place, any substance, (being, or having been part of,) the contents of any such vault, cesspool, privy, sink, tub or recep- tacle. 33 Sec. 91. That neither the contents of any such tub, receptacle, cesspool, privy, vault, sink or water-closet, nor anything in any room, excavation, vat, building, premises or place, shall be allowed to become a nuisance, or filthy or offensive, so as to be dangerous or prejudicial to life and health. Sec 92. That no cart or other vehicle for carrying any offal, swill, garbage or rubbish, or the contents of any privy, vault, cesspool or sink, or having upon it (or in any- thing on such cart) any manure, or other nauseous or offensive substance, shall, without necessity therefor, stand • or remain (nor shall a needless number gather) before or near any building, place of business or other premises where any person may be ; nor shall any such cart or vehicle occupy an unreasonable length of time in loading or unloading, or in passing along any street or through any place or ground ; nor shall any such cart or vehicle, or the driver thereof, or any thing thereby appertaining, be (or by any person having a right to control the same, be allowed to be) in a condition needlessly filthy or offensive; and when not in use all such carts, vehicles, and all implements used in connection therewith, shall be stored and kept in some place where no needless offence shall be given to any of the people of said District. Sec 93. That all carts and vehicles in the last section h.LawsN mentioned, and boxes, tubs and receptacles thereon in m, ppi.no' which any substance in said section referred to may be or be carried, shall be strong and tight, and the sides shall be so high above the load or contents that no part of such contents or load shall fall, leak or spill therefrom; and that when, in the opinion of this Board, it is neces- sary to prevent the contents of such carts or vehicles, tubs or boxes or receptacles from being offensive, each of such carts, tubs and boxes and receptacles shall be ade- quately and tightly covered, as the orders or regula- tions of this Board may provide or direct. 3 34 . Sec 94. That no driver of such cart or vehicle, nor any person having undertaken or being engaged about the loading or unloading thereof, nor person engaged about the cleaning or emptying, or having undertaken to empty or remove any manure, garbage, offal, or the con- tents of any vault, sink, privy, cesspool, or any noxious or offensive substance, shall do or permit to be done about the same, or in connection therewith, that which shall be needlessly offensive or filthy in respect to any person, street, place, building or premises. h.lm^n. Sec. 95. That no person shall allow (and it shall be the '*'r" Va' duty of every contractor and person who has ordered or procured, or is having any of the following articles car- ried, or who is driving the same, to prevent) any cart or vehicle to be so fully loaded, or being in such bad condi- tion of repair, or of such faulty construction, or being so improperly driven or managed, that any offensive liquid, or any manure, garbage, rubbish, offal, dirt or material thereon, shall fall upon or in any place, street or prem- ises ; and it shall be the duty of every such person to at once replace on such vehicle and remove what has so fallen. Sec 96. That all putrid or offensive matter, and all night soil, and the contents of sinks, privies, vaults and cesspools, and all noxious substances in the built up por- tion of any city, shall, before its removal or exposure, be disinfected and rendered inoffensive by the owner, lessee or occupant of the premises where the same may be, or (in default of the same being so done) by the person or contractor who removes or is about to remove the same ; and for all such matter so disinfected and rendered in- offensive, the person (not being such tenant, owner or oc- cupant) who shall so disinfect and remove the same, shall be entitled to demand and receive a compensation of not exceeding twelve cents per cubic foot for making such disinfection and removal, to be paid by any tenant, owner or occupant. 35 Sec 97. That every cart and other vehicle hereafter n.LawsN. constructed for or engaged about any business, or intended 12'f. to be loaded with any matter or substance in the last section mentioned, shall be constructed according to these ordinances, and to the regulations and orders of this Board. Sec 98. That the drivers of all carts for the removal H.LawsN. of any-garbage, offal, rubbish or'dirt from any buildings 5. or premises, shall, by the person owning or having con- trol of the same, be provided with a suitable bell; and said bell shall be rung by said driver or some attendant upon such cart, at the proper time and place, adequately and reasonably.loud, to give notice (or otherwise adequate notice shall by such person be given) to those dwelling in any street whose building or premises such cart is about to or should approach for the removal of any substance aforesaid. Manure. Sec 99. That every owner, lessee, tenant and occupant of any stall, stable or apartment in which any horse, cattle or swine, or any other animal shall be kept, or of any place in which manure or any liquid discharge of such animals shall collect or accumulate, (within the built up portion of any city,) shall daily cause said liquid and manure to be removed to some proper place, and shall at all times keep or cause to be kept such stall?, stables and apartments, and the drainage, yard and ap- purtenances thereof, in a cleanly and wholesome condition. Sec 100. That no pile or deposit of manure, offal, dirt or n.LawsN. garbage, nor any accumulation of any offensive or nauseous 127, ppi12' substance, shall be made within the built up portions of the cities of New-York or Brooklyn, or upon any open space inclosed within any portions thereof, or upon the piers, docks or bulkheads adjacent thereto, or upon any open grounds near (or upon any vessel or scow other 36 than those to be speedily, and according to the duty of any person, removed, lying at) any such pier, wharf or bulkhead, except according to a permit obtained from this Board, and according to its regulations. And no person shall contribute to the making of any such accu- mulations. Swine. Laws Sec 101. That no person shall allow any.swine to run pp°854^n855. at large in any city, and no person shall, within the built y.," ppwio8 up portions of any city, or within one thousand feet of any residence or place of business or street thereof, keep any swine, without a permit so to do from this Board. Sec 102. That every place where any such swine may be kept shall be kept at all times in a cleanly and whole- some condition. Cattle. H.LawsN. Sec 103. That no cattle, sheep, horse, goat, goose or §t. ' 'mule, or any dangerous or offensive animal, shall be allowed by any owner, or by any person having charge of or who should have charge of the same, to go at large in any street or public place in either of the cities of New- York or Brooklyn. Laws Sec 104. That no cattle, swine or sheep, geese, goats p. 855. or horses shall be yarded within or adjacent to the built up portions .of either of the cities of New-York or Brook- lyn without the permit of this Board, or otherwise than according to its regulations. Sec. 105. That no diseased or sickly horse, cattle, swine, eheep, dog or cat, nor any that have .been exposed to any disease that is contagious among such animals, shall be brought into the City of New-York or Brooklyn. Sec 106. That every animal which is mad or has the 37 hydrophobia shall, by the person owning the same, or i*w» , . , ' J r & ' Brooklyn, having the possession, charge or control thereof, be at p-856. once killed ; and ever}' animal that has been exposed to such disease, shall be at once confined in some secure place for such length of time as to show that such expo- sure has not given such animal said disease, and sp as to avoid all danger to life or health. And the dead body of any animal that died of such disease shall be at once, by such person, buried not less than three feet under ground, at some place not within one thousand feet of any resi- dence. Dead Animals, Contractors, &c. Sec 107. That no person shall leave in or throw into n.LawsN. any place or street or water, nor offensively expose, or 102. bury the body (or any part thereof) of any dead animal in any such street or place; nor shall any person keep any dead animal or any offensive meat, bird, fowl or fish in such place, as the same may be dangerous to the ' life or detrimental to the health of any person. Sec 108. That any animal, being in any street or pub- lic place, within or adjacent to the built up portions of New-York or Brooklyn, and appearing in the estimation of any officer or inspector of this Board (and of two dis- creet citizens, called by such officer or inspector to view the same in his presence) injured or diseased, past re- covery for any useful purpose; and not being attended and properly cared for by the owner or some proper per- son to have charge thereof for |such owner; or not hav- ing been removed to some private premises, or to some place designated by such officer or inspector within two hours after being found or left in such condition, may be deprived of life by such officer or inspector, or as he may direct, and shall thereafter, unless at once removed by the owner or proper person, be treated as any other dead animal found on a street or place. 38 Sec 109. That any person having a dead animal or an animal past recovery, and in an offensive condition, on his premises in any city, (and not killed for, and proper for use as meat or fish,) and every person whose animal, or any animal in his charge or under his control in any street or place, may die or become or be in a condition past recovery, shall at once remove or cause the removal of such animal (dead or alive) to some proper place ; and when such place may be designated by any officer or inspector of this Board, to the last named place. Sec 110. That no person other than the inspectors or officers of this Board or the Board of Police, or persons thereto authorized, shall in any way interfere with such dead, sick or injured animal in any street or place, and no person shall skin or wound such animal in such street or public place, unless to terminate its life as herein au- thorized, except that the owner or person having control of such animal may terminate the life thereof in the pres- ence and by the consent of a policeman or an inspector or officer of this Board. Sec 111. That it shall be the duty of the owner, and of the person that last had or then having charge of any ' animal, so dead or injured or diseased, and being in any street or public place, to at once give notice thereof and of the nearest street and avenue where it may be, to some inspector or officer of this Board, or at its principal office in New-York or Brooklyn, in whichever city the animal may be, unless such animal is at once removed therefrom by some proper person. Docks, Piers, &c, for Offal. H.LawsN. Sec 112. That the proper and respective authorities io8, io4. of New-York and Brooklyn shall set apart and keep in repair, and furnish the proper docks, piers, bulkheads and accommodations in each city for the use of the contrue- 39 tors and persons having or that may have any contractor duty of removing offal, garbage, rubbish, dirt, dead ani- mals, night soil, and other filth or substances, as any con- tract made and to be made, and the laws and ordinances' and regulations thereto applicable, shall contemplate or provide. And no person shall obstruct, delay or interfere with the proper and free use thereof and access thereto for the purposes for which they may be and should be set apart and devoted, or with the proper performance of such contracts, or as the same may be modified* Sec 113. That it shall be the duty of every contractor and person (their agents and employees) who has con- tracted or undertaken to remove any diseased or dead animal, offal, rubbish, garbage, dirt, night soil, or other filthy, offensive or noxious substance, oris engaged about any such removal, or in loading or unloading of any such substance, to do the same with dispatch, and in every particular in a manner as cleanly and little offensive and with as little danger and prejudice to life and health as possible. Seo. 114. That no matter or material in the sectioii . -P1^?11 last mentioned shall lay piled up, or partially raked to-^011861' gether, in any street or place before the removal thereof, more than a reasonable time, nor for more than four hours in the day time, under any circumstances. Sec 115. That every contractor in these ordinances referred to, and every person who has contracted, or undertakes or is bound to do, or is engaged in doing any one of those things, in respect of which these ordinances contain provisions or regulations, shall comply with these ordinances, to the extent that any contract, obligation or duty requires or permits; and no direction of any con- tractors or persons shall excuse him for a non-compliance with any of said ordinances. 40 H.LawsN. Sec 116. That no ship, boat, or other vessel or article, i'i * 102'shall be taken or allowed by any person to come into or lay to or at or within any clock, pier, bulkhead or slip, (or be placed thereon.) set apart or appropriated for the use or purpose of the shipment or removal of any offal, garbage, rubbish, dirt or dead animals, or for the use of any contractor about the removal of any of the forego- ing substances, without a permit from this Board. Oyster Shells. ^H.LawsN. gKCt 117. That every proprietor, lessee, tenant and §5- occupant of any oyster house, oyster saloon or other premises where any oysters, clams, lobsters or shell or other fish are consumed, used or sold, or where any of the refuse matter, offal or shells thereof accumulate, shall daily cause all such shells, offal and refuse matter to be removed therefrom to some proper place, and shall keep all such houses and saloons and premises at all times free from any offensive smells or accumulations. H.LawsN. Sec 118. That the owners, lessees, tenants and man- § 5. p' ' agers of every blacksmith shop, forge, foundry, manufac- tory and premises where any business is done, shall cause all ashes, cinders, rubbish, dirt and refuse to be removed to some proper place, so that the same shall not accumu- late at any of the above mentioned premises, or in the appurtenances thereof, nor the same become filthy or offensive. Soil, Filth, Vats, &c. y*£h8.k- . Seo* 119« That no ground or material filled with offen- sive matter or substance, or that will emit or allow to arise, through or from the same, any offensive smell or deleterious exhalation, shall (adjacent to or within the built up portion of any city) be opened or turned up, or 41 the surface thereof removed, between the first day of May and the first day of October of any year, except accord- ing to a permit first therefor obtained from this Board. Sec 120. That no person shall permit or have any h. Laws n. ~, r Y., pp. 143, offensive water or other liquids or substance on his pre mi-1^ ses or grounds to the prejudice of life or health, whether for use in any trade or otherwise ; and no establish- ment or place of business for tanning, skinning or scour- ing, or for dressing hides or leather, or for carrying on any offensive or noisome trade or business, shall here- after be opened, started or established in the built up portions of the cities of New-York or Brooklyn, nor else- where in said District, near any city or village, without a permit of this Board. And every such establishment now existing shall be kept cleanly and wholesome, and be so conducted in every particular as not to be offensive, or prejudicial to life or health. Bone Boiling, &c. Sec 121. That no person shall boil any offal, swill, H.LawsN. bones or fat in the built up'portions of any city or village, to'us.' (save in ordinary cooking;) nor shall the business of bone crushing, bone boiling, bone grinding, bone burning, shell burning, fat boiling, nor the skinning (or making of glue from) any dead animals, (or parts thereof,) nor any other occupation that is dangerous or detrimental to life or health, be hereafter established within any of said cities or villages ; nor shall any person work or engage therein, in any such business or occupation ; and every such business and pursuit shall be promptly discontinued, unless the coitinuance thereof shall be allowed by a per- mit of this Board. Milk, Butter, &c. Sec 122. That no person shall have at any place where Lawsi364, milk, butter or cheese is kept for sale, nor at any place uk ' p*\ 42 offer or have for sale, nor shall any person bring or send to any city or village any unwholesome, watered or adulterated milk, or milk known as swill milk, or milk from cows (or other animals) that for the most part lived in stables, or that fed on swill, garbage or other like sub- stance ; nor any butter or cheese made from any such milk, nor any unwholesome butter or cheese. Cows. Brooklyn Sec-123. That no person shall keep or allow to be Laws,p.355. , ,.■,.!-,. . j Kept in any building, or on any premises, or on grounds of which he may be the owner, lessee, tenant or occupant, more cows or other cattle than at the rate of fifteen to an acre, (in or near the built up portions of any city or vil- lage,) without a permit from this Board. And every such person shall cause every stable and place where any cows, horses or other animals may be, to be kept at all times in a cleanly and wholesome condition, and shall not allow any animal to be therein, while infected with any disease contagious or pestilential among such animals, without a permit from this Board. Snow, Ice and Sidewalks. YH,'LPpWSi46 Seo* 12^ That evei7 owner) lessee, tenant and occu- u> 142. " pant of any building or lot in the built up portions of the cities of New-York or Brooklyn, shall, within two hours after the fall of any snow exceeding one inch in depth, and within two hours after the forming of any ice on the sidewalk or in the gutter in front of or against the side of any such building or lot, remove, or cause the same to be removed, from such sidewalk and gutter; or in case of great difficulty in removing such ice, that every such person do sprinkle or cause to be sprinkled thereon sand or ashes, so that travelling thereon shall not be peril- ous ; but that where said snow falls or ice forms between the hours of eight o'clock of the evening and daylight in 43 the morning, this ordinance will be complied with by removing or sprinkling the same within two hours after sunrise of the morning succeeding its fall or formation. Sec. 125. That every owner, tenant, lessee and occu- H.LawsN. Yd 132 pant of any building or lot, (whether vacant or occupied,) § 40. within or near the built up portions of any city or village, shall keep and cause to be kept the sidewalk and flag- ging, and curb-stone in front thereof, in good repair and condition ; and that every such person shall keep and cause every such sidewalk to be kept free from obstruc- tions, as well as also free from incumbrances that may be a nuisance, and free from all substances of every kind. Sec 126. That no person shall take or allow to go or be taken (having the right and ability to prevent the same) any horse or other animal above the size of a dog, nor any vehicle other than a baby vehicle, upon any side- walk or foot-path in front of any building, or to the peril of any person ; nor shall any person block up or obstruct any street or place, or contribute thereto. Nuisances. Sec 127. That no person shall commit or create, or H.LawsN. contribute to the commitment or creating of any nuisance, 82V96P,P§48.1' either public or private; nor shall any person (having the right or ability to prevent or remove the same) allow the commitment or erection of or continuance of any nuisance upon any premises or ground, or in any build- ing of which such person is the owner, lessee, tenant or occupant. Tenement Houses, Boarding Houses, Lodging Houses, Manufactories and Saloons. Sec 128. That the phrase " tenement house" shall be held to include every building, public or private, (and every story and portion thereof,) which is rented, leased, let 44 or hired out to be occupied for any period (certain or un- certain) as the residence, home or house of any person, or is intended so to be. The phrase " boarding house " shall be held to include every building (and every story and portion thereof; which is at any time or usually used, leased or occupied (or intended so to be) by any number of persons, exceeding ten, as boarders thereat. The phrase "lodging house" shall be held to include every building, public or private, (and every story and portion thereof,) which is let at any time or is usually hired, occupied (or intended so to be) as sleeping apart- ments of any persons, exceeding ten, (not being the owner or lessee thereof;) and the word " manufactory" shall be held to include every building (and every story and portion thereof) in which any sort of labor or work is done, which calls for the continual or usual presence of several persons during several hours of the day or night engaged abont said work or labor; and the word "sa- loons " shall be held to include every portion of any building in which the business of selling meals, liquors, drinks or refreshments of any kind shall be conducted, and includes concert saloons. h. Laws Sec 129. That no person, being the owner, lessee, N. Y. P. 80 I'D 7 5 M5,'§ii. 'tenant or occupant of any building, shall engage in, or Brooklyn, permit the conducting therein of the business of keening p. 122, § 6. i o a lodging house or saloon, without having first stated to this Board, in writing, the street and number of such building, the name of the owner or owners thereof, and the name of the tenants and persons who conduct or in- tend to conduct such business thereat, or is about so to do, and the portion of any building so occupied or in- tended to be, and such other particulars as the regulations of this Board may require. Sec ISO. That it shall be the duty of every owner and lessee (which lessee holds or took any portion of any 45 building to be rented or hired out to any other person or persons) of any and every building, and of every room and apartment thereof, occupied as a tenement house, lodging house, boarding house, manufactory or saloon, (and neither such persons shall omit) to have every such building, room or apartment so adequately lighted, ventilated, purified and cleansed, and so provided with all needful drainage and sewerage, that no person occu- pying or being employed at or in such room, building or apartment shall, through default of a compliance herewith, suffer any effects or incur any hazards, danger- ous or prejudicial to life or health. Sec 131. That no person, being the manager or keeper of any saloon, boarding house or lodging house, or being employed as a clerk, servant or agent thereat, shall therein or thereat offer or have for food or drink, or to be eaten or drank, any poisonous, deleterious or unwhole- some substance, nor allow any thing to be done or to occur dangerous to life or prejudicial to health. Water Closets. Sec 132. That every person who shall be the owner, lessee or keeper or manager of any lodging house, board- ing house, tenement house or manufactory, shall provide or cause to be provided for the accommodation thereof, and for the use of the lodgers and boarders and workers thereat, adequate privies or water closets, and the same shall be so adequately ventilated, and shall at all times be kept in such cleanly and wholesome condition as not to be offensive, or be dangerous or deleterious to life or health. And no offensive smell or gasses, from or through any outlet or sewer, (up through any such privy or water closets,) shall be allowed, by any person aforesaid, to pass into such house or any part thereof, or into any other house or building.. 46 Sec 133. That no owner, lessee or keeper of any tene- ment house, lodging house, boarding house or manufac- tory shall cause or allow the same to be overcrowded, <»r cause or allow so great a number of persons to dwell, be or sleep in any such house, or any portion thereof, as thereby to cause any danger or detriment to life or health ; nor shall more persons than one for one thousand feet of cubic contents be allowed to sleep in any apart- ment of any such boarding house, tenement house or lodging house ; nor shall more than one person for every one thousand cubic feet of contents be allowed to dwell in any such last mentioned houses. And for the pur- pose of computing such space, no cellar, nor any closet, hall, cupboard, nor any room not properly lighted and ventilated, nor any room or space not used as a part of the dwelling apartments of the family or other occupant, shall be computed or taken into account. Sec 134. That every owner, lessee and tenant and manager of any boarding house, tenant house and lodging house or manufactory shall (with all reasonable dispatch) cause every part thereof and its appurtenances to be put (and shall thereafter cause the same to be kept) in a cleanly and wholesome condition, and shall speedily cause every apartment thereof (in which any person may sleep, dwell or work) to be adequately lighted and ventilated ; and (if the same be a manufactory) shall cause every part thereof in which any person may work to be main- tained at such temperature, and be provided with such accommodations and safeguards, as not, by reason of the want thereof, or of any thing about the condition of any such manufactory or its appurtenances, to cause unneces- sary danger or detriment to the life or health of any per- son being properly therein or thereat. Sec 135. That no owner or lessee of any building or any part thereof, shall lease or let, or hire out the samT, or any portion thereof, to be occupied by any person (or 47 allow the same to be occupied) as a place in which (or for any one) to dwell or lodge; except when said build- ings or any parts thereof are lighted, ventilated, provided and accommodated, and are in all respects in that condi- tion of cleanliness and wholesomeness, for which these ordinances or any law of this State provide, or in which they or either of them require any such premises to be kept. Nor shall any such person rent, let, hire out or allow (having power to prevent the same) to be used as or for a lodging house, tenement house or any building, any portion or apartment of any building, which apart- ment or portion has not at least one-half of its height and space above the level of every part of the sidewalk and curbstone of any adjacent street, nor of which the floor is damp, (by reason of water from the ground,) or which is impregnated or penetrated by any offensive gas, smell or exhalation prejudicial to health. But this section shall not prevent the leasing, renting or occupancy of cellars or rooms, (less elevated than aforesaid, and as a part of any building rented or let,) when they are not let or in- tended to be occupied or used by any person as a sleep- ing apartment, or as a principal or sole dwelling apart- ment. Sec 136. That no person (having the right and power to prevent the same) shall knowingly cause or permit any person to sleep or remain in any cellar, or in any place dangerous or prejudicial to life or health, by rea- son of a want of ventilation or drainage, or by reason of the presence of any poisonous, noxious or offensive sub- stance or otherwise. Sec 137. That no building or any apartment thereof, hereafter built or rebuilt for such purpose, shall be leased, rented or occupied for the purpose of a tenement house, lodging house or boarding house in any city, (if intended or allowed to contain more than twenty boarders,) unless it conform to the foregoing ordinances, nor until the fol- 48 lowing conditions exist and are fulfilled in respect thereto: (1.) Adequate sewerage and drainage of the most approved construction. (2.) Adequate and wholesome ventilation of every room in which any person is to sleep or dwell. (3.) Adequate chimneys running through every floor, and an open fire-place or grate or stove properly connected with said chimney, to each family and set of apartments. (4.) Adequate and well ventilated and sewered or vaulted privies or water closets, so situated and easily preserved in a wholesome condition, as not to become offensive to the inmates of any apartment, or to any persons. (5.) The least clear perpendicular space of any story (between the floor and ceiling thereof) to be nine feet. (6.) Adequate [halls, passages and stair cases, and proper conveniences and receptacles for ashes and rubbish for the use of all the contemplated occupants. (7.) A cellar, or an open space beneath the lowest wooden floor and story, of not less than two feet from the lowest part of the beams, and in which space or cellar no water shall stand or can accumulate. (8.) An open area in the front and rear of the whole of such building, and extending to the bottom 49 of such open space, or at least one foot below the lowest floor aforesaid; and said area, not being less than three feet deep (both in front and in rear) of such building, shall be open and unobstructed, except by the entrance, up to the flag-stone and surface at all times. (9.) Croton or other water furnished at one or more places on such premises, so that the same may be adequate and reasonably convenient for the use of all the occupants thereof, on their making the usual payments to the proper authorities. (10. No appurtenances, or anything therewith con- nected, that shall peril life or health. (11.) The usual and all reasonable precautions and provisions in every other particular, and ade- quate space for all occupants, so that the occu- pancy of said building or any apartment shall not be dangerous to life or health. (12.) A correct and detailed outline sketch of each story, showing the height of each, the sev- eral windows and passages, rooms, and the di- mensions of each, to be filed with this Board. And all the provisions of the foregoing sections shall apply, so far as reasonably applicable, to all saloons and manufactories which may be hereafter built or rebuilt. Sec 138. That no person shall hereafter erect, or cause L&*TB00kl$ to be erected or converted to a new purpose, by altera-§21-' tion of any building or structure, which (or any part of which) shall be inadequate or defective in respect to strength, ventilation, light, sewerage, or of any other usual, proper or necessary provision or precaution ; nor shall the builder, lessee, tenant or occupant of any such 4 MATtnwM HRRARY OF MEDICiNL 50 or of any other building or structure, (within the right or ability of either to remedy or prevent the same,) cause or allow any matter or thing to be or to be done in or about any such building or structure dangerous or preju- dicial to life or health. Nor shall, any tenement house or lodging house be used as a place of storage. Interments. Laws Sec 139. That no interments of any dead body of any pp. 356,357, human being, or disposition thereof in any tomb, vault H.'LawsN. or cemetery, shall be made either within the City of 68?70,si, 88» New-York or Brooklyn, without a permit therefor granted 151 to 154. . , . , by this Board, nor otherwise than in accordance there- with, and no sexton or other person shall assist in or assent to or allow any 6uch interment, or aid or assist about preparing any grave or place of deposit for any such body, for which such permit has not been given authorizing the same. And it shall be the duty of every person who shall receive any such permit to preserve, . and to return the same to this Board, as its regulations may require. Sec 140. That no new burying ground, cemetery, tomb or vault for dead bodies shall be established, nof 6hall the remains of any dead human body be placed in any existing burying grounds, vault, tomb or cemetery, in either of said cities, nor any of said receptacles be opened, exposed or disturbed, except- according to the terms of a permit therefor given by this Board ; and every body buried in any such place shall be buried to a depth of six feet below the surface of the ground and six feet below any adjacent street. Sec 141. That every sexton and other person having charge of any burying ground, cemetery, tomb or vault, in either of said cities, shall, before twelve o'clock of Monday of each week, make return to this Board of the 51 bodies and persons buried since their last return, and in such form, and specifying such particulars, as the special regulations of this Board shall require. Sec 142. That no captain, agent or person having charge of or attached to any ferry-boat, sailing or other vessel, nor any person in charge of any car, stage or other vehicle or public or private conveyance, shall convey or allow to be conveyed (thereon or by any means afore- said) from or in either the City of New-York or Brook- lyn, the dead body for any part thereof) of any human being, without a permit therefor from this Board. And the proper coupon for that purpose (attached to any such permit when issued) shall be preserved and returned to this Board (as its regulations may require) b}' the proper officer or person on such boat or vessel, and by the proper person in charge of any train of cars (or vehicle) on which any such body may be carried from either of said cities. Sec. 143. That no person shall retain, expose or allow to be retained or exposed, the dead body of any human being, to the peril or prejudice of the life or health of any person. Sec 144. That no large or church bell shall be rung or tolled at any funeral in either of said cities without a permit therefor from this Board; nor shall such bell be rung or tolled at any other time (therein) to the preju- dice or peril of the life or health of any human being. Sec 145. That every person who acts as a sexton or undertaker in the City of New-York or Brooklyn, or has the .charge or care of any vault, tomb, burying ground or cemetery for the reception of the dead, or where the bodies of any human being is deposited, shall cause his and her name and residence, and the nature of his charge and duties, to be registered with this Board. 52 G-as. lTwK y'8 Sec- 146- That no person or company being a roanu- P<1 Act 13th facturer of gas, or engaged about the manufacture May, 1845. thereof, shall throw or deposit, or allow to run (or hav- ing the right and power to 'prevent the same, shall permit to be thrown or deposited) into any public waters, river or stream, or into any sewer therewith connected, or into any street or public place, any gas, tar or any refuse matter of or from any gas house, works or manu- factory ; nor shall any such person o? company allow any substance to escape from such house, works or manufac- tory, (or make any gas of such ingredients or quality that any substance shall escape therefrom or be formed in the process of burning any gas,) which shall be needlessly offensive or dangerous, or prejudicial to life or health. Fire Arms and Deadly "Weapons. Laws Sec 147. That no person'shall sell;- loan or give to, or pp. 836'toallow to betaken by any other person, any fire arm, or other deadly or dangerous weapon, when there shall be any reason for such first named person to think or believe that any danger to life may illegally result from the giv- ing, loaning, selling, or from the use of such arm or weapon. Sec 148. That no person shall, except according to a permit or the regulations of this Board, set off or fire any gun or other fire arm, or rock blast in any public street, alley or place within the built up portions of any city in said District, unless pursuant to some competent authority. Drink—Liquors. Sec 149. That no person shall sell or give to any other person (or permit such other person to get, having the 53 right and ability to prevent the same) any intoxicating or exciting drink, when such first named person may have reason to think or believe that such drink may cause or contribute to danger, or detriment to life or health. And no person shall give or sell to any child under twelve years of age any intoxicating liquid or drink. Sec 150. That no person shall sell, give away, or keep for sale as a drink or beverage at any building or place in said District any intoxicating or alcoholic fluid or sub- stance, unless and except while the keeping and selling of the same at such place is according to and under a suf- ficient license for such purpose issued and existing ac- cording to law. Sec. 151. That no distiller, or brewer or other person, shall manufacture, or have or keep for sale any liquid designed as a drink or beverage for human beings which would be, if used, needlessly dangerous or detrimental to life or health, or which is not wholesome, genuine and safe as such drink. Fighting. Sec 152. That no person shall engage in or encourage any fight, or dealing of any blow by any human being in said District; nor shall any person permit such fight, having power and authority to prevent the same. Horse-racing, Fireworks, Kites, &c. Sec 153. That no person shall race, or run any horse ^Brooklyn or other animal, (or allow the same to be run,) or throw or send up any kite, stone or other substance, or burn or set off any fireworks, fire-cracker9 or other substance, whereby, or by reason of which, any human life may be put in danger or peril. 54 Explosive Substances. Laws Sec 154. That no person shall store, or have in any rJPV building or place within the built up portions of any city T'm or village, (except in the State arsenals,) or in any vessel, or in or on the docks, wharves, slips or piers thereof, or load, or have or transport in any vehicle in such city more than twenty-five pounds of gunpowder, without a permit from this Board ; nor without such permit shall any person have or keep more than twenty-five pounds of combustible fireworks, explosive fluid or similar mate- rials in any building, vessel or vehicle in any such city. Prisons. Sec 155. That no keeper, or other officer or person having control or authority in any jail, prison or other place where any person may be kept or confined, shall needlessly or illegally cause or allow any peril, or detri- ment to the life or health of any such person, by reason of too little or too much heat, or of a want of food, drink or ventilation, or from the want or neglect of any other reasonable care, protection or precaution. Theatres. Sec 156. That the term " theatre" shall be held to in- clude the building, rooms and place where any play, concerts, opera, circus, trick of jugglery, show, gymnastic or other exhibition, masquerade, public dance, drill, lec- ture, address or other public or frequent gathering or amusement, are, is or may be held, given, performed or take place, and the approach and appurtenances thereof. Sec 157. That no person, being the lessee, manager, conductor or owner of any theatre, shall cause or permit or allow the same, or any part or appurtenance thereof, to be so far overcrowded, or inadequate, faulty or insuf- ficient, in respect of strength, ingress or egress, cleanli- 55 ness, ventilation, over or under heating or exposure to drafts, or in any other particular, as that thereby or by reason thereof, any needless peril or detriment shall qome or happen to, or be incurred or suffered by, any person being properly at or in any such theatre. Schools and Churches. Sec 158. That no master or teacher, or manager of or in any school, public or private, or of or in any Sunday school or gymnasium, nor the officers or managers thereof, nor officers or managers, or persons having charge of any place of public worship, shall so far omit or neglect any duty or reasonable care or precaution respecting the safety or health of any scholar, pupil or attendant, or respecting the temperature, ventilation or cleanliness or strength of any church, hall of worship, school-house, school-room or place of practice or exercise, or relative to any thing ap- purtenant thereto, as that by reason of such neglect or omission the life or health of any person shall suffer or incur any needless peril or detriment. Pounds. Sec 159. That no person shall act as or be a keeper of .h.Lawsn. any public pound in the City of New-York, except Pur-n£c^-^' suant to a permit from this Board. p- 4|^'okly^ That the keepers of all such pounds shall not allow the^aw».P-836- same, or any animal therein, by reason of any want of care, food, ventilation or cleanliness, or otherwise, to be or become dangerous or detrimental to human life or health. Sec 160. That every such pound-keeper shall from time to time report to this Board as its special regulations may require, and shall obey and conform to all such regulations ; and that in the meantime such pounds shall (in the particulars not herein mentioned) be regulated 56 by the rules heretofore enacted by the proper authorities of said cities respectively. Dogs. Brooklyn Sec 161. That no person shall take or call any dog liTsk pp' into, or allow any dog to go into any street or public nances, 1859^ place, in either the cities of New-York or Brooklyn, unless properly muzzled, or unless when being led by a chain or string; and nothing in this section shall repeal or supersede any existing regulations as to such dogs, not inconsistent herewith. Manufactories. Laws Sec 162. That no person shall hereafter erect, start p.r856,1§n28. or establish in any city in this District (nor in any village, without the consent of this Board) any manu- factory or place of business for boiling any varnish or oil, or for the distilling of any ardent or alcoholic spirits, or for making any lampblack, turpentine, or tar, or for conducting any other business that will or does generate any unwholesome, offensive or deleterious gas, smoke, deposit or exhalation, or any business that is or would be dangerous to life or detrimental to health. Police and General Sanitary Powers. Sec 163. That, except as herein specially or other- wise provided, or as may be hereafter provided, or as is otherwise made necessary by the said seventy-fourth chapter of the Laws of 1866, the Board of Metropolitan Police shall (through its proper officers and men, and as near as may be according to its existing regulations, or amendments to be made thereto, on advice with this Board, and subject to the supervision of this Board) carry into effect and exercise the sanitary powers here- tofore exercised by said Board of Police ; and that said Board of Police 6hall keep this Board regularly advised 57 of its action in that behalf, and shall conform to these and all future ordinances, and to all special regulations of this Board. Special Regulations. Sec 164. That every person shall observe and'obey each and every special regulation, and every order of this Board that is or may be made, for carrying into effect any of the foregoing ordinances or powers, or any law of this State, or otherwise, whether issued directly by the Board, or promulgated by its Sanitary Superintend- ent, as if the same had been herein inserted at length. Sec 165. That every person who omits or refuses to comply with, or who resists any of the provisions of these rules, orders, sanitary regulations or ordinances, or any of the provisions of said seventy-fourth chapter of the Laws of 1866, or its amendments, or the execution of any order or special regulation of this Board, will be liable to the arrest, penalty, fines and punishment in said law pro- vided and declared ; of all of which notice must be taken. Made, ordered and proclaimed by " The Metropolitan Board of Health of the State of New - York? the day and year first above written. The above is the Code of Health Ordinances adopted by the Metropolitan Board of Health, and the whole thereof. April 20, 1866. Jackson S. Schultz, President. [L. S.] Emmons Clark, Secretary. INDEX. SECTION Act forbidden, doing............ 2 " required, omitting,......... 2 Air, number of cubic feet to each person,...................... 133 Amusement, places of, to report,. 9 Animal matter, putrid, not to be thrown into streets or sewers, . 76 Animals, dangerous or offensive, not to go at large............. 103 Animals, dead, entrails, &c, of, to be removed,................. 49 Animals, dead, not to be thrown in streets, sewers, nna„ 1 . 8E0TI0N Cesspools, care in transporting contents of,............\ 94 Cesspools, offal, ashes] garbage,'„ . , SECTION -ran owner, who is,....... 1 Part owners, duties of,..'""' " \ \ "' q Pavement to be replaced*.*."."*.'.".' 72 " Permit," meaning of,........'". i Permit to remove persons sick of contagious disease,............ 25 Permit to remove articles exposed to contagion............... 26 Permit for burial........'.* '.'."'.* 139 Permit for burial to be returned by eexton................... 139 Permit to remove bodies,........ 142 Permit to engage in certain occu- pations...................121, 162 Permit for certain factories, 1, 121,162 " to sell oysters,.......... 58 " to deposit manure, offal,