CHAPTER VIII. HEALTH AND SANITATIONCHAPTER VIII. HEALTH AND SANITATION\ARTICLE 1. BOARD OF HEALTH

ARTICLE 1. BOARD OF HEALTH

The board of health shall consist of the mayor, the city manager, a city health officer, who shall be a practicing doctor of medicine and two additional members who may or may not be members of the council. The city health officer and the two additional members of the board of health shall be appointed annually by the mayor at the first regular meeting of the governing body in April of each year, to serve for one year terms subject to confirmation by the council: Provided, That a member of the council appointed to the board of health shall have no right to vote for or against his or her own confirmation. The board shall adopt such rules and regulations as may be necessary to guide its operations. The city clerk shall be secretary of the board but shall have no vote. He or she shall preserve its records, rules and regulations and shall issue all orders and notices which may be required by ordinance or order of the board.

(Code 1973, 7-101)

The city health officer shall:

(a)   Cause health investigations and inspections to be made as required by the laws of Kansas and the ordinances of the city;

(b)   Make recommendations to the board respecting the improvement of health of the inhabitants of the city;

(c)   Make all health reports required by the State Board of Health;

(d)   Prepare an annual health report of the city for submission to the governing body;

(e)   Perform such other duties as may be required of him or her under the laws of the State of Kansas or the ordinances of the city.

(Code 1973, 7-102)

The board of health shall have such meetings as the business thereof may require upon the call of the mayor or the city health officer, or by any other two members thereof filing a request in writing with the secretary of the board who shall issue a call for such meeting. Three members of the board shall constitute a quorum.

(Code 1973, 7-103)

The board of health shall enforce the health ordinances of the city and all rules of the State Board of Health pertaining to the city, and may adopt such other health rules and regulations not inconsistent therewith and in accordance with the laws of Kansas and city ordinances respecting the accumulation and removal of garbage and trash, the inspection of milk and food products in the city, the construction and use of sanitary’ privies and septic tanks, the prevention or abatement of nuisances, and other conditions affecting the health of inhabitants of the city as may be required from time to time. Copies of all such rules and regulations shall be filed and preserved by the city clerk.

(Code 1973, 7-104)

The board of health shall have power and authority to investigate all nuisances, sources of filth, and causes of sickness that may in their opinion be injurious to the health of the inhabitants of the city, and whenever any such nuisance, source of filth, or cause of sickness shall be found to exist on any private property or upon any watercourse over which the city has police jurisdiction, it shall have power and authority to order in writing the owner of occupant thereof, at his or her own expense, to remove the same within 24 hours or without such reasonable time thereafter as such board may order.

(K.S.A. 65-159; Code 1973, 7-105)

The city health officer may with the approval of the board of health condemn and order the destruction of all unwholesome milk, meat, fruit and provisions of any kind unfit for human consumption. He or she shall from time to time inspect all places where the same may be sold or stored within the city, and he or she may at the expense of the city have laboratory tests performed on all such articles of food deemed to be unwholesome and unfit for human consumption.

(Code 1973, 7-106)

The city health officer may require the quarantine of persons or places afflicted with communicable diseases, or make orders concerning the vaccination of persons, post warning signs, make orders concerning the cleansing or disinfecting of places where communicable diseases may have been found, and shall make such other orders and rules to prevent the spread of contagious or infectious diseases as authorized by law.

(Code 1973, 7-107)

Any person violating any provisions of this article or any lawful rule or regulation of the board of health adopted by this article shall, upon conviction thereof, be fined not less than $50 nor more than $500; Provided, That each day’s continuance of a health nuisance or source of filth or cause of sickness, after the owner or occupant thereof shall have been notified to remove the same, shall constitute a separate offense.

(Code 1973, 7-108; Code 2017)