Page images
PDF
EPUB

court may appoint a receiver to take possession of the property and hold the same while the action may be pending or until the defendant shall execute and file a bond, with sufficient sureties, conditioned for the payment of any judgment that may be received against him in the action and all costs.

Bureau of Vital Statistics-Maintenance-Duty of State Registrar. (Ch. 46, Act Apr. 5, 1917.)

SECTION 1. Section 3074 of the Political Code is hereby amended to read as follows: 3074. The State board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the complete and proper registration of births, marriages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the State registrar of vital statistics. The duty of the State registrar of vital statistics shall be to promulgate and enforce all rules and regulations required to carry out the provisions of this chapter and that may be adopted from time to time by the State board of health.

State Board of Health-Employees-Appointment and Compensation. (Ch. 231, Act May 14, 1917.)

SECTION 1. Section 3075 of the Political Code is hereby amended to read as follows: 3075. There shall be a clerk of the State board of health who shall receive an annual salary of $1,600, such salary to be paid in the same manner and at the same time as salaries of State officers. The State board of health may employ and fix the compensation of other additional clerical and professional assistants, but such compensation shall be paid from its fund for contingent expenses provided for in the general appropriation act.

Health Officers-Appointment in Unincorporated Cities and Towns-Law Repealed. (Ch. 102, Act Apr. 19, 1917.)

SECTION 1. Section 3062 of the Political Code is hereby repealed.
The section repealed reads as follows:

SEC. 3062. The board of supervisors of each county must appoint, in each unincorporated city or town of 500 or more inhabitants, a health officer, who has all the duties and powers of a board of health and health officer, as specified in this and the two preceding articles.

Local Health Districts-Organization, Government, and Dissolution. Local District Health Officers-Appointment, Powers, and Duties. (Ch. 571, Act May 21, 1917.)

SECTION 1. A local health district may be organized, incorporated and managed as herein provided, and may exercise the powers herein granted or necessarily implied. Such a district may include incorporated or unincorporated territory or both, in any one or more counties: Provided, That the territory of the district consists of contiguous parcels and that the territory of no municipal corporation is divided.

For

SEC. 2. Whenever the formation of a local health district is desired, a petition, which may consist of any number of instruments, may be presented at a regular meeting of the board of supervisors of the county in which the proposed district or portion thereof is situated, signed by registered voters of each unit of the district equal in number to at least 10 per cent of the number of votes cast in each unit respectively for the office of governor at the last preceding general election at which a governor was elected. the purposes of this act all unincorporated territory in a proposed district and in one and the same county shall be regarded as an entirety and as a unit, and each incorporated city or town in a district shall likewise be regarded as a unit. If an incorporated city or town is included, the common council, board of trustees or other governing body thereof shall, by resolution duly authenticated, request the inclusion of the

city or town in the proposed district. The petition shall set forth and describe the proposed boundaries of the district and shall pray that the same be created under the provisions of this act. Prior to the time at which the petition is to be presented, the text thereof shall be posted for 30 successive days in three public places in each incorporated city or town and unincorporated district; and a reference to said text shall be published along with the notice herein mentioned in this paragraph and the following paragraph for four successive publications in a daily, semiweekly or weekly newspaper of general circulation printed and published in each incorporated city or town included therein, and if there is no such newspaper published in the city or town, then the text of the petition shall be posted for the same length of time in three public places as herein specified. The text of the petition so posted and published by reference as herein mentioned shall have annexed thereto a notice stating the time and place of the meeting of the board of supervisors at which the same will be presented. When the petition is composed of more than one instrument, one copy only thereof need be published or posted as herein specified in the posting and publication of the text and notice. No more than five of the names attached to the petition need appear in such publication or posting, but the number of signers must be stated. At least one month prior to the time at which the petition is to be presented, a copy of the text, notice and petition must be filed with the State board of health and board of supervisors of the county or counties.

With such publication there shall also be published, and if posted, there shall also be posted, a notice of the time of the meeting of the board when such petition will be presented and that all persons interested therein may then appear and he heard. At such time the board of supervisors shall hear the petition and those appearing thereon, and also all protests and objections to the same, and may adjourn such hearing from time to time, not exceeding two months in all. No defect in the contents of the petition or in the title to or form of the notice or signatures, or lack of signatures thereto, shall vitiate any proceedings thereon, provided such petition or petitions have a sufficient number of qualified signatures attached thereto. On the final hearing the board shall make such changes in the proposed boundaries as may be deemed advisable and shall define and establish such boundaries: Provided, That if the board deems it proper to include therein any territory not included within the proposed boundaries, they shall first give notice of their intention so to do, in the same manner as required for notice of the initial hearing.

SEC. 3. Upon the hearing of the petition the board of supervisors shall determine whether it complies with the provisions of this act and whether the public necessity or the welfare of the inhabitants of the proposed territory requires the formation of the district, and for that purpose must hear all competent and relevant testimony offered in support of or in opposition thereto. The findings of the board shall be final and conclusive against all persons except the State of California upon suit commenced by the attorney general. If it appears to the board that the petition complies with the provisions of this act and that the public necessity or the welfare of the inhabitants requires the formation of the district, it shall by an order entered on its minutes so declare its findings, and shall further declare and order that the territory within the boundaries so fixed and determined be established as a local health district, under an appropriate name selected by the board, which name shall include the words "local health district." The county clerk shall immediately file a certified copy of the order with the secretary of state and with the county clerk of each county in which the district or any portion thereof is situated. Within 10 days of such filing the secretary of state shall issue and deliver to the county clerk a certificate reciting that the local health district (naming it) has been duly incorporated under the laws of the State of California. The county clerk shall deliver this certificate to the board of trustees of the district at the first meeting of the board. From and after the date of the certificate of the secretary of state, the district named therein, shall be deemed incorporated as a local health

district with all the rights, privileges and powers set forth in this act and necessarily incident thereto,

SEC. 4. Within 30 days of the issuance by the secretary of state of the certificate of incorporation of the district, a board of trustees for the district shall be appointed. The board shall consist of one trustee to be appointed from each unit in the case of unincorporated territory by the board of supervisors, and in the case of an incorporated city or town, by the local governing body thereof: Provided, That if the board of trustees thereby created consists of less than five members, then the board of supervisors shall appoint from the district at large enough additional members to make a board of five trustees, if the unit of the district at large is within one county; and if there are several units of the district at large in more than one county, then by the board of supervisors of the county where such unit is situated; and by the boards of supervisors jointly if the district at large constitutes units in several counties and one additional member is to be appointed. A vacancy shall be filled by the appointing power for the unexpired term. The governing board of the district shall be called "the board of trustees of .... local health district" (inserting the name of the particular district. The trustees shall hold office for the term of two years from and after the second day of the calendar year next succeeding their appointment: Provided, however, That the first board of trustees appointed in a district shall at their first meeting so classify themselves by lot that one-half of their number, if the total membership is an even number, and if uneven, then that a bare majority of their number, shall go out of office at the expiration of one year, and the remainder at the expiration of two years from the second day of the calendar year next succeeding their appointment.

SEC. 5. The members of the board of trustees shall meet on the first Monday subsequent to 30 days after the issuance of the certificate of incorporation by the secretary of state, and shall organize by the election of one of their members as president and one as secretary. The members of the board shall serve without compensation except that each shall be allowed his actual necessary traveling and incidental expenses incurred in attending meetings of the board. The board shall provide for the time and place of holding its regular meetings and the manner of calling the same, and shall establish rules for its proceedings and may adopt such rules and regulations not inconsistent with law as may be necessary for the exercise of the powers conferred and the performance of the duties imposed upon the board. Special meetings may be called by three trustees and notice of the holding thereof shall be mailed to each member at least 48 hours before the meeting. All of its sessions, whether regular or special, shall be open to the public, and a majority of the members of the board shall constitute a quorum for the transaction of business.

SEC. 6. Each local health district shall have and exercise the following powers: (1) To have and use a corporate seal and alter it at pleasure;

(2) To sue and be sued in all courts and places and in all actions and proceedings whatever;

(3) To purchase, receive, have, take, hold, lease, use and enjoy property of every kind and description, both within and without the limits of the district, and to control, dispose of, convey and encumber the same and create a leasehold interest in same for the benefit of the district;

(4) To acquire, construct, maintain and operate all works and equipment necessary for the inspection of water, milk, meat and other foods, the extermination of rodents and the disposal of garbage and waste;

(5) To employ public health nurses and health visitors and to cooperate with educational authorities in health inspection in public or private schools in the district; (6) To exercise the right of eminent domain for the purpose of acquiring real or personal property of every kind necessary to the exercise of any of the powers of the district;

(7) To enforce all statutes relating to the public health and vital statistics, and all orders, quarantine regulations and rules prescribed by the State board of health; (8) To enforce such local orders and ordinances pertaining to health and sanitary matters within the district as may be authorized by the appropriate local authorities; (9) To unite with any other local health district or districts in the exercise of any of the powers herein granted to and vested in each district, the cost thereof to be paid by bach district in such proportion as may be agreed upon by the respective district boards of trustees;

(10) To exercise all other needful powers for the preservation of the health of the inhabitants of the district, whether such powers are herein expressly enumerated or not;

(11) This grant of power is to be liberally construed for the purpose of securing the well-being of the inhabitants of the district.

SEC. 7. The board shall appɔint and fix the compensation of a district health officer, who may be removed by the board only by a two-thirds vote of the members thereof. He shall be the holder of a degree in medicine, sanitary engineering or public health and shall have had at least one year's experience in public health work. He shall devote his entire time to the duties of his office and is expressly prohibited from engaging in any other occupation or business. The board shall provide suitable supplies, equipment and office facilities for the health officer and, upon the recommendation of the health officer, shall fix the compensation and define the powers and duties of such deputies and assistants to the health officer as the board may deem necessary to carry out the provisions of this act. If a meat inspector is employed, he shall be a graduate veterinarian legally qualified to practice veterinary medicine in the State of California.

The health officer, his deputies and assistants, shall receive their actual necessary expenses incurred in the performance of their duties. In enforcing State statutes, orders, regulations and rules and local orders and ordinances the health officer shall have such powers as are or may be hereafter conferred by general law upon county or municipal health officers. All district officers, deputies and assistants other than the health officer and the members of the board of trustees shall be appointed and may be removed by the board of trustees on the recommendation of the health officer, subject to such rules and regulations as the board of trustees, in its discretion, may adopt for the appointment and employment of deputies and assistants, based on merit, efficiency, character and industry.

SEC. 8. The health officer shall be recognized as the administrative head of the district and, except as herein otherwise prescribed, shall exercise the powers granted to and vested in the district: Provided, That he may not purchase property or incur expenditures without the approval or ratification of the board of trustees.

SEC. 9. Annually, at least 15 days before the first day of the month in which county taxes are levied, the board of trustees of each local health district shall furnish to the board of supervisors of the county in which the district or any part thereof is situated an estimate in writing of the amount of money necessary for all purposes required under the provisions of this act during the next ensuing fiscal year. Thereupon it shall be the duty of the board of supervisors to levy a special tax upon all taxable property of the county lying within the district sufficient in amount to maintain the district. The tax shall in no case exceed the rate of 15 cents on each $100 of the assessed valuation of all taxable property within the district, but it may be in addition to all other taxes allowed by law to be levied upon such property. The tax shall be computed, entered upon the tax rolls and collected in the same manner as county taxes are computed, entered and collected. All moneys so collected shall be paid into the county treasury to the credit of the particular local health district fund and shall be paid out on the order of the district board, signed by the president and secretary thereof. If the district embraces territory lying in more than one

county, the amount estimated shall be ratably apportioned among the several counties in the district in proportion to the assessed value of the property in the several counties included within said district as shown upon the last assessment rolls of the said counties, and the estimate apportioned to the several counties shall be rendered to their respective boards of supervisors and the tax shall be levied and collected by the officials of each county upon the property of the district lying therein.

SEC. 10. Any territory, incorporated or unincorporated, lying adjacent and contiguous to a local health district, may be added and annexed to such district at any time upon proceedings being had and taken as in this act prescribed: Provided, That in such annexation the territory of no municipal corporation may be divided. The board of trustees of such district, upon receiving a written petition therefor containing a description of the new territory sought to be annexed to such district, signed by the owners comprising more than one-half of the assessed value of such territory as shown by the last county assessment roll, must thereupon submit to the electors of the district and also to the electors residing in the territory sought to be annexed, the proposition of whether such proposed territory shall be annexed and added to such district. The proposition to be submitted to the electors at such election, both within said district and within said territory so proposed to be annexed, shall be as follows: "For annexation," or "Against annexation," or words equivalent thereto. Such election must be called and held, and notice thereof shall be published for at least four weeks prior to such election in a newspaper printed and published in such district, and also in a newspaper printed and published in such territory so proposed to be annexed. The board of trustees shall canvass, separately, the votes cast within said district, and the votes cast within said territory so proposed to be annexed, and if it shall appear from such canvass that a majority of all the ballots cast in such district and a majority of all the ballots cast in such territory so proposed to be annexed are in favor of annexation, the board of trustees shall certify such fact to the secretary of state describing said property proposed to be annexed and upon receipt of such last mentioned certificate, the secretary of state shall thereupon issue his certificate reciting that the territory (describing the same) has been annexed and added to the local health district (naming it), and a copy

of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of each county in which such local health district or any portion thereof is situated. From and after the date of such certificate the territory named therein shall be deemed added and annexed to and shall form a part of said local health district, with all the rights, privileges and powers set forth in this act and necessarily incident thereto. If the property so proposed to be annexed includes a municipal corporation, consent to annexation shall first be obtained from the governing board thereof, and an authentic copy of the resolution or order of such board so consenting to such annexation shall be attached to the petition and be made a part thereof.

SEC. 11. A district may at any time be dissolved upon the vote of two-thirds of the qualified electors thereof, upon an election called by its board of trustees upon the question of dissolution and the proposition which shall be submitted to the electors at such election shall be as follows: "Shall the district be dissolved?" Such election must be called and held, and notice thereof shall be published for at least four weeks prior to such election in a newspaper printed and published in the district. If two-thirds of the votes at such election shall be in favor of the dissolution of the district, the board of trustees shall certify such fact to the secretary of state, and upon receipt of such last mentioned certificate, the secretary of state shall thereupon issue his certificate reciting that the local health district (naming it) has been dissolved, and a copy of such certificate of the secretary of state shall be transmitted to and filed with the county clerk of each county in which the district or any portion thereof is situated. From and after the date of such certificate the district named therein shall be deemed disincorporated and the property of the district shall be

« PreviousContinue »