2. The manufacture and sale of poisons and the sale of unsound and adulterated drugs.
23. The regulation of public baths, laundries, and wash houses.
4. The compulsory reporting of infectious, contagious, or communicable diseases.
14. The President or Vice-President shall give directions for carrying out and giving effect to the decisions of the Board.
15. All Bye-Laws made by the Board under the provisions of this Ordinance shall be submitted to the Governor, and shall not take effect until approved by the Legislative Council. And all such Bye-Laws, when so approved, shall be published in the Government Gazette in English and Chinese and shall have the same force of law and be equally binding and valid, as if they had been contained in this Ordinance.
16. The word Nuisance as used in this Ordinance shall include:-
1. Any failure to supply, or any inadequate or defective provision of drain, drain-trap, ventilating pipe, subsoil-drainage, or cess-pool accommodation, or any building or part of a building so dark, or so ill-ventilated as to be dangerous, or prejudicial to the health of the inmates.
2. Any street or road, or any part thereof, or any water-course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, privy, urinal, or cess-pool so foul as to be noxious, or noisome, or unhealthy.
3. Any water-course, well, tank, pool, pond, canal, cistern, or the water of which, from any cause, is so tainted with impurities, or so unwholesome as to be injurious to the health of persons living near, or using such water, or which is likely to promote or aggravate epidemic disease.
4. Any stable, cow-house, pig-sty or other premises for the use of animals, which is in such a condition as to be injurious to health.
5. Any accumulation, or deposit of stagnant water, sullage-water, manure, dirt, house-refuse, or other matter, wherever situated, which is unhealthy.
6. Any noxious matter, or waste waters, flowing or discharged from any premises, wherever situated, into any public street, road, or into the gutter or side-channel of any street, or road, or into any nullah, or water-course, or the bed thereof.
7. Any manufactory, trade, or business of a noxious, noisome, or unhealthy nature.
8. Any cemetery, or place of burial, so situated, or so conducted, as to be unhealthy.
9. Any act, omission, or thing which is, or may be, dangerous to life, or injurious to health or property.
17. It shall be lawful for the Board, on reasonable presumption of the existence of a nuisance, on any premises, by an order in writing, to authorize any Sanitary Officer, with an Assistant, or Assistants, to enter such premises, at any time between six in the morning and six in the evening, and to inspect the same.
The Inspecting Officer shall produce and show the order to any person being, or claiming to be, the occupier of such premises. Provided that the Inspecting Officer shall not enter any house, or upon any land which may be occupied at the time, unless with the consent of the occupier thereof, without previously giving the said occupier six hours' notice in writing of his intention to do so.
Any person refusing admittance to the said Inspecting Officer, after such notice has been given, shall be liable to a fine not exceeding twenty-five dollars.
18. On the receipt of any information respecting the existence of a nuisance, the Board shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default, or sufferance, the nuisance arises, or continues, or, if such person cannot be found, on the owner, or occupier, of the premises on which the nuisance arises, requiring him to abate the same, within a time to be specified in the notice, and to execute such works, and do such things, as may be necessary for that purpose: Provided.
Powers of President and Vice-President.
Legislative Council to approve Bye-Laws.
Definition of Nuisance.
Right of entry.
Method of entry.
Penalty.
First. That, where the nuisance arises from the want, or defective construction, of any structural convenience, or, where there is no occupier of the premises, notice under this section shall be served on the owner:
Secondly. That, where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise, or continue, by the act, default, or sufferance of the owner, or occupier, of the premises, the Board may themselves abate the same, without further order.
19. It shall be lawful for the Board, in any case where there is a contravention of any of the requirements of any of the Bye-Laws, made under Section 13, to issue a notice to the offender, stating what is required to be done to carry out the provisions of such Bye-Laws; and to call upon him to comply with such notice within a reasonable time to be stated in the said notice.
20. If the person served with notice, under Section 18 or 19 is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his application, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.
21. If the person on whom a notice has been served in pursuance of Section 18 or 19, has not obtained from the Board a modification or withdrawal of the notice, and continues to make default in complying with the requirements of such notice, or, in the case of a nuisance, if the same, although abated since the service of the notice, is, in the opinion of the Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a Magistrate; and such Magistrate shall, thereupon, issue a Summons, requiring the person on whom the notice was served to appear before him.
22. If the Magistrate is satisfied that the requirement of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magistrate shall make an order on such person, requiring him to comply with all, or any, of the requisitions of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or an order prohibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.
The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order for obeying the requirements of the Bye-Law, for abatement or prohibition of the nuisance, as the case may be.
23. Where the nuisance proved to exist is such as to render a house or building, in the judgment of the Magistrate, unfit for human habitation, the Magistrate may prohibit the using thereof for that purpose, until, in his judgment, the house or building is rendered fit for that purpose; and, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the house or building habitable, and, from the date thereof, such house or building may be let or inhabited.
24. Any person not obeying an order to comply with the requisitions of the Board, and failing to satisfy the Magistrate that he has used all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars per day, during his default; and any person knowingly and wilfully acting contrary to an order of prohibition, shall be liable to a penalty not exceeding twenty-five dollars per day, during such contrary action; moreover, the Board may enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.
Sanitary Board to serve notice requiring compliance with Bye-Laws.
Board may review notice.
On non-compliance with notice complaint to be made to Magistrate.
Power of Magistrate to make order to abate nuisance.
Order of prohibition and use of house or building unfit for human habitation.
Penalty for contravention of order of Magistrate.