some, are hereby declared nuisances injurious to health; and any person who shall commit or create such nuisance shall, upon conviction, be fined not less than five nor more than fifty dollars for every such offense. SEC. 6. That any wells, springs, or waters used for drinking or cooking purposes, which are impure and unwholesome, or which have been rendered impure and unwholesome by reason of any defiling or poisonous substance, are hereby declared nuisances injurious to health; and any person who shall maintain or continue such nuisance, after due notice from this board to abate the same, shall, upon conviction, be fined not less than ten nor more than fifty dollars for every such offense. SEC. 8. That ailantus trees, the flowers of which produce offensive and noxious odors, in bloom, in the cities of Washington or Georgetown, or the more densely populated suburbs of said cities, are hereby declared nuisances injurious to health; and any person maintaining such nuisance, who shall fail, after due notice from this board, to abate the same, shall, upon conviction, be fined not less than five nor more than ten dollars for every such offense. SEC. 10. And be it further ordained and enacted, That drainpipes, soil pipes, or passages into sewers which are of inadequate and insufficient size, or which are not provided with proper sewer traps, within the District of Columbia, are hereby declared nuisances, injurious to health; and any person or persons, whether owner or tenant (board, department, or corporation officer), using or possessing any drainpipe, soil pipe, passage, or connection between any sewer and any ground, building, or place of business, who shall fail to make such drainpipe, soil pipe, passage, or connection of adequate or sufficient size to allow the free and entire passage of all that enters or should enter the same, and provide them with proper sewer traps; and who shall fail, after notice duly served upon him, to supply such pipes of adequate and sufficient size, and provided with proper sewer traps, shall be deemed guilty of keeping and maintaining a nuisance, and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than ten dollars. (Amendment of July 30, 1875. See 1 Sup. R. S., 2d ed., 308.) SEC. 11. That all water-closets and privies connected with any house, building, or premises within the District of Columbia in and upon which people live, or where they do congregate or assemble, or any kind of business is done, kept in an uncleanly and foul condition, and from which offensive smells and noxious gases arise, and all water-closets located within and being a part of any such house or building not provided with proper sewer traps, so as to prevent the return and escape of noxious gases and offensive odors from any public or private sewer connected therewith, are hereby declared to be nuisances, injurious to health; and any person creating, keeping, and maintaining such nuisance, after due notice served upon him by this board to abate the same within twenty-four hours or within such reasonable time as may be determined by this board, shall, upon conviction thereof, be punished by a fine of not less than five dollars nor more than twenty-five dollars for each and every day such nuisance is allowed to remain unabated. (An ordinance to amend an ordinance passed May 13, 1873, adopted July 30, 1875. See 1 Sup. R. S., 2d ed., 308.) SEC. 11. No person shall place any refuse matter or permit any such matter to be placed in any water-closet, bath tub, washstand, sink, cesspool, downspout, or other fixture in the District of Columbia connected with any public sewer or with any sewage disposal field, when such connection is obstructed or defective and permits the escape of such refuse material elsewhere than into the public sewer and on such disposal field; any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than five nor more than twenty-five dollars for each and every such offense. (Order of January 2, 1902.) SEC. 12. (Repealed by act of January 25, 1898.) SEC. 17. That the keeping, herding, and feeding of hogs, in pens or otherwise, within the cities of Washington or Georgetown, or the more densely populated suburbs of said cities, is hereby declared a nuisance injurious to health; and any person creating or maintaining such nuisance, who shall fail, after due notice from this board, to abate the same, shall, upon conviction, be fined not less than five nor more than twenty-five dollars for every such offense. SEC. 18. A. No person owning, occupying or having use of any stable, shed, pen, stall, or other place within any of the more densely populated parts of the District of Columbia, where animals of any kind are kept shall permit such stable, shed, pen, stall, or place to become or to remain filthy or unwholesome. 18. B. No person shall use any stable, nor shall any person having the power and authority to prevent permit any person to use any stable, within any of the more densely populated parts of the District of Columbia, after the 1st day of July, 1907, unless the surface of the ground beneath every stall and for a distance of four feet from the rear thereof be covered with a watertight floor laid with such grades as will cause all fluids that fall upon it to flow as promptly as possible, if a public sewer be available, into the public sewer, and, if a public sewer be not available, to that portion of the premises where they will cause the least possible nuisance.-Order of May 3, 1907. C. Every person owning or occupying any building or part of a building within any of the more densely populated parts of the District of Columbia, where one or more horses, mules, cows, or similar animals are kept, shall maintain in connection therewith a bin or pit for the reception of manure, and, pending the removal from the premises of the manure from the animal or animals aforesaid, shall place such manure in said bin or pit. The bin or pit required by this regulation shall be located at a point as remote as practicable from any dwelling, church, school, or similar structure, owned or occupied by any person or persons in the neighborhood of said bin or pit, other than the owner or occupant of the building or part of building aforesaid, and as remote as practicable from any public street or avenue; shall be so constructed as to exclude rain water, and shall in all other respects be watertight except as it may be connected with the public sewer or as other definite provision may be made for cleaning and flushing from time to time; shall be provided with a suitable cover, and constructed so as to prevent in so far as may be practicable the ingress and egress of flies. No bin or pit shall be constructed the bottom of which is below the level of the surface of the surrounding earth unless it be of substantial masonry and connected with the public sewer. The provisions of this paragraph shall take effect from and after the expiration of three months immediately following its promulgation. D. No person owning or occupying any building or part of a building located within any of the more densely populated parts of the District of Columbia, in which building or part of a building any horse, mule, cow, or similar animal is kept, shall keep any manure, or permit any manure to ke kept, in or upon any portion of the premises other than the bin or pit provided for that purpose; nor shall any person aforesaid allow any such bin or pit to be overfilled or to be needlessly uncovered. E. The provisions of paragraphs C and D shall not apply to the keeping of manure from horses when such manure is kept tightly rammed into well-covered barrels for the purpose of removal in such barrels. F. No person shall permit any manure to accumulate on premises under his control in such manner or to such an extent as to give rise to objectionable odors upon any public highway or upon any premises owned or occupied by any person other than the person owning or occupying the premises on which said manure is located. Every person having the use of any manure bin or pit and every person keeping manure, in any of the more densely populated parts of the District of Columbia, shall cause all such manure to be removed from the premises at least twice every week between June first and October thirty-first, inclusive, of each year, and at least once every week between November first of each year and May thirty-first of the following year, both dates inclusive. SEC. 18 G. Every person using within the District of Columbia any building, or any portion of a building, in the city of Washington, or in any of the more densely populated suburbs thereof, as a stable for one or more horses, mules, or cows, shall report that fact to the health officer in writing, within thirty days after this regulation takes effect, giving his or her name, and the location of such stable, and the number and the kind of the animals stabled therein; and thereafter every person occupying any building, or any portion of a building, in the city of Washington, or in any of the more densely populated suburbs thereof, for the purpose aforesaid, shall report in like manner his or her name and the location of said stable and the number and kind of animals stabled therein, within five days after the beginning of his or her occupancy of such buildings; provided, that stables recorded at the health office as parts of dairy farms in the District of Columbia need not be so reported. H. No person who has removed manure from any bin or pit, or any other place where manure has been accumulated, shall deposit such manure in any place within any of the more densely populated parts of the District of Columbia without a permit from the health officer authorizing him so to do and then only in accordance with the terms of such permit. The provisions of this paragraph shall not apply to the distribution of manure over lawns and parking when such manure has been so thoroughly rotted or decomposed that its distribution gives rise to no offensive odors on adjacent properties or on public thoroughfares. I. Any person violating any of the provisions of this section shall upon conviction thereof be punished by a fine of not more than forty dollars for each offense. (Commissioners' Regulation of April 4, 1906.) SEC. 19. That any animal affected by glanders or other contagious or pestilential disease, kept or remaining in any stable, shed, pen, or place within the cities of Washington or Georgetown, or the more densely populated suburbs of said cities, is hereby declared a nuisance injurious to health; and any person keeping or maintaining such a nuisance who shall fail, after due notice from this board, to abate the same, shall, upon conviction, be fined not less than five nor more than twenty-five dollars for every such offense. SEC. 20. That all establishments or places of business for tanning, skinning, scouring, or dressing hides or leather within the District of Columbia, in a filthy condition, or from which noisome odors or noxious gases arise, are hereby declared nuisances injurious to health; and any person who shall erect, create, maintain, or continue such nuisance, and who shall fail, after due notice from this board, to abate the same, shall, upon conviction, be fined not less than ten nor more than fifty dollars for every such offense. SEC. 21. That the boiling of offal, swill, bones, fat, tallow, or lard; the crushing, grinding, or burning of bones or shells; cleansing guts; making glue from any dead animal or part thereof; making or boiling varnish or oil; making lampblack, turpentine, or tar; distilling ardent, alcoholic, or fermented spirits; storing or keeping scraps, fat, grease, or other offensive animal matter; rendering or trying out dead, undressed, and unslaughtered animals, or any other business or trade, whereby noisome stenches and odors and noxious gases arise or are generated, within the cities of Washington or Georgetown, or the more densely populated suburbs of said cities, are hereby declared nuisances injurious to health; and any person who shall cause, erect, create, maintain, or continue any such nuisance, and who shall fail, after due notice from this board, to abate the same, shall, upon conviction thereof, be fined not less than ten nor more than one hundred dollars for every such offense. SEC. 22. That unclean and filthy slaughterhouses, rooms, buildings, or places where sheep, hogs, cattle, or other animals are slaughtered, within the District of Columbia, are hereby declared nuisances injurious to health; and any person creating, keeping, or maintaining such nuisance, who shall fail, after due notice from this board, to abate the same, shall, upon conviction, be fined not less than ten nor more than fifty dollars for every such offense. SEC. 23. That the crushing or breaking of stone within the cities of Washington or Georgetown or the more densely populated suburbs of said cities, by machines or otherwise, in such manner as to create offensive and deleterious dust, is hereby declared a nuisance injurious to health; and any person creating or maintaining said nuisance, who shall fail, after due notice from this board, to remove or abate the same shall, upon conviction, be fined not less than ten or more than fifty dollars for every such offense. SEC. 24. That undressed dead animals being or lying in any part of the cities of Washington or Georgetown, or the more densely populated suburbs or said cities, viz: Any of the horse, mule, or jack kinds, or any cow, goat, calf, sheep, dog, or swine, are hereby declared nuisances injurious to health; and any person owning, possessing, or controlling any such dead animal, or any person who shall knowingly place or allow such dead animal to remain in any part of said cities or their said suburbs, and who shall fail to give notice thereof to the board of health within eight hours after the death of said animal, shall upon conviction, be fined not less than five nor more than ten dollars for every such offense. SEC. 25. That unmuzzled dogs going upon any street, avenue, or other public place, between the fifteenth day of May and the fifteenth day of October in any year, mad dogs, and dogs bitten by hydrophobic dogs, are hereby declared nuisances injurious to health; and any person owning or keeping any dog who shall allow the same to go unmuzzled upon any street, alley, or other public place, between the fifteenth day of May and the fifteenth day of October, in any year, or who shall refuse to kill, or cause to be killed, any such dog owned or kept by him, which has gone mad, or given symptoms of hydrophobia, or who shall omit to confine any such animal exposed to such disease, or which has been bitten by a hydrophobic dog or animal, shall be deemed guilty of maintaining a nuisance, and, upon conviction thereof, shall be fined not less than one nor more than twenty-five dollars; and any dog going at large between the fifteenth day of May and the fifteenth day of October in any year, without a proper muzzle, shall be taken up by the poundmaster, who shall charge the owner of the same one dollar for its redemption; and every such dog not redeemed within twenty-four hours after having been taken up as aforesaid shall be liable to be shot by said poundmaster. (See act of June 19, 1878.) SEC. 25a. That no person owning or having possession or control of any land in the District of Columbia shall allow water to stand thereon in any manner whatsoever so as to endanger the health of persons living in the vicinity of such land. Any person who shall violate the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars. (Commissioners' Regulation of June 25, 1901.) SEC. 26. That it shall be the duty of the health officer appointed by this board, upon receiving information or obtaining knowledge of the existence of any thing or things herein declared to be nuisances, or any thing or things which may hereafter be declared to be nuisances by any ordinance or resolution enacted or adopted by this board to notify the person or persons committing, creating, keeping, or maintaining the same, to remove, or cause to be removed, the same within twenty-four hours, or such other reasonable time as may be determined by this board, after such notice be duly given; and if the same be not removed by such person or persons within the time prescribed in said notice it shall be the duty of the health officer aforesaid to remove or cause to be removed, such nuisance or nuisances, and all costs and expenses of such removal shall be paid by the persons committing, creating, keeping, or maintaining such nuisance or nuisances; and if the said costs and expenses thus accruing shall not be paid within ten days after such removal by said health officer, the same shall be collected from the person or persons committing, creating, keeping, or maintaining such nuisances by suit at law. |