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visions of the first three sections of this ordinance.

Approved October 20, 1877.

[10,990.]

AN ORDINANCE regulating cemeteries and the interment of
the dead within the limits of the City of St. Louis.

Be it ordained by the Municipal Assembly of the City of /St. Louis,
as follows :

Section 1. The following named cemeteries, as now estab-
lished within the limits of the city, are hereby recognized and



30 Laws and Ordinances

authorized as legal and proper places for the interment of persons
who may die in the City of St. Louis, or who may be brought to
the city for burial, namely : First, Bellefontaine Cemetery ;
second, Old Picker's, or Holy Ghost Cemetery; third, Rock
Spring Cemetery ; fourth, Wesleyan Cemetery ; fifth. The Western
alias Western Evangelical Lutheran Cemetery; sixth ( Bremen-
Saxon Cemetery; seventh. Calvary Cemetery; eighth, Holy
Trinity Cemetery; ninth, St. Paul's Evangelical Cemetery; tenth,
St. Peter's and Paul's Cemetery; eleventh, Episcopal Ceme-
tery ; twelfth. Public Cemetery at City Poor House ; thirteenth,
St. Matthews's Cemetery ; and all other cemeteries established
and now in use within the present city limits, of not less than two
acres in extent.

Sec. 2. None of the above named cemeteries, or any other
that may hereafter be established bylaw, shall extend their limits,
unless permission to do so has been authorized by ordinance.

Sec. 3. From and after the passage of this ordinance, it shall
not be lawful for any person or persons to lay out or establish a
public or private burying ground within the limits of the City of
St. Louis, unless the authority to do so shall have first been
granted by ordinance.

Sec. 4. It shall not be lawful for any person or persons to
bury the body of any deceased person anywhere within the limits
of the City of St. Louis, except in a cemetery duly authorized
and recognized as a public or private burying ground, and within
the meaning of and as provided for by this ordinance, except by
special permission granted by the Health Commissioner. Any
person violating the provisions of this section shall upon convic-
tion be fined not less than one hundred dollars, to be recovered
for the use of the City of St. Louis, as in other cases of misde-
meanor, before any court or officer having competent jurisdiction.
Sec. 5. Any owner or owners, or his, or their agents, or any
tenant, or any other person who shall bury, or permit to be
buried, the body of any deceased person on any lot of ground
within the limits of the city, except the same be authorized
as a cemetery, except by special permission of the Health
Commissioner, shall, upon conviction, be fined not less than
two hundred and fifty, nor more than five hundred dollars,
to be recovered for the use of the City of St. Louis, as in other
cases of misdemeanor, before any court or officer having com-
petent jurisdiction, and such persons shall be subject to a like
tine for each and every day the body of any deceased person shall
remain interred in said lot.

Sec. 6. If the body of any deceased person or persons be
found buried on any lot of ground in the City of St. Louis, the
owner or agent of which cannot be found, it shall be lawful, and



Governing the Health Department, 31

it is hereby made the duty of the Health Commissioner to cause
said body or bodies to be disinterred and buried in the public
burying ground. Provided, however, the provisions of this sec-
tion shall have no application to the remains of deceased persons
which have been interred prior to the passage of this ordinance.

Sec. 7. All cemeteries shall be in charge of a sexton or over-
seer, and the name of such sexton or overseer shall be certified to
and recorded in the oflSce of the Health Commissioner by the
person or persons owning or controlling such cemetery.

Sec. 8. No body of any deceased person shall be buried in any
cemetery within the limits of the City of St. Louis at a less depth
than six feet below the surface of the ground. Provided, that
the provisions of this section shall not be applied to cases where
burial vaults or tombs have been, or may be, erected for the
reception of deceased persons.

Sec. 9. Every person who shall convey or remove or assist in
conveying or removing the body of any deceased person (whether
such person shall have died in the city or shall have been brought
to the city after death) outside of the limits of the city without
first having obtained from the oflice of the Health (yommissioner
permission so to do, shall, upon conviction, be fined not less than
two hundred and fifty nor more than five hundred dollars, to be
recovered for the use of the City of St. Louis, as in other cases
of misdemeanors, before any court or officer having competent
jurisdiction. Provided, that the provisions of this section shall
have no application where bodies in course of transportation pass
through St. Louis on their way from one point to another.

Sec. 10. Every person who shall willfully destroy, disfigure
or injure any wall, fence, hedge, monument, tomb-stone, tree or
shrubbery, around or within any cemetery, graveyard or burial
ground, or shall use such a cemetery, graveyard, or burial ground
for any other purpose than a burying ground, shall be deemed
guilty of a misdemeanor, and upon conviction, shall be fined not
less than twenty nor more than five hundred dollars, to be re-
covered for the use of the City of St. Louis, before any court or
officer having competent jurisdiction.

Sec. 11. The Health Commissioner shall not issue a permit to
bury the body of a person elsewhere, except upon the certificate
of a physician given at the place of death, or the certificate of the
Coroner of St. Louis.

Sec. 12. It shall not be lawful for any person to carry the
body of any deceased person to any of the cemeteries or burying
grounds within the limits of the City of St. Louis, or for any
sexton or other person in charge of said cemetery or burying ground
to receive the body of any deceased person, unless accompanied



32 Laws and Ordinances

by a burial certificate, properly signed and certified to by the
Health Commissioner, or his clerk.

Sec. 13. Every person who shall violate any of the provisions
of this ordinance, for which no penalty has been provided, shall,
upon conviction, be fined not less than ten nor^more than five
hundred dollars, to be recovered for the use of the City of St.
Louis before any court or officer having competent jurisdiction.

Sec. 14. Nothing in this ordinance shall be so construed or
understood as repealing or alterins: any of the provisions or por-
tions of ordinance ten thousand three hundred and twenty-nine,
entitled, **An ordinance to provide for keeping mortuary records
and establishing rules and regulations governing sextons and
cemeteries," approved July the seventeenth, eighteen hundred and
seventy-seven.

Approved February 12, 1879.

[10,358.]

AN ORDINANCE providing for the abatement of nuisances,
defining the manner how, and by whom, said nuisances shall be
abated and removed, and how the expense of same shall be paid
for, and also providing for the destruction of property which shall
have been declared by the Board of Health dangerous to the
Health of the inhabitants of the city, and also providing what
steps and measures shall be taken in case any malignant or conta-
gious disease is prevalent in the city, and repealing all ordinances,
and parts of ordinances, conflicting herewith.

Be it ordained by the Municipal Assembly of the City of St. Louis^
asfolloios :

Section 1. In order to effect the abatement of nuisances or
removal of accumulated filth, the Health Commissioner shall have
power, whenever in his opinion such nuisance or filth exists, and
after officially so declared of record by the Board of Health, to
notify the owner or owners thereof, or his or their agents, to
abate or remove the same, either by filling up,, draining, clean-
ing, purifying or removing same, as the case may be, which notice
shall be served upon the owner or agent having charge of such
property, in the same manner as writs of summons are required
to be served in civil cases. If the owner, who shall have. been so
served with such notice, shall fail, within the time indicated in such
notice, which shall be discretionary with said Health Commis-
sioner, to comply with such order, or fail to show good cause to
said Health Commissioner why he cannot, or ought not to, com-
ply with such order, for which purpose he shall be entitled to be



Governing the Health Defpartment, 33

heard before said Health Commissioner and Board of Health, if he
so requests it, he shall be deemed guilt}^ of a misdemeanor, and,
on conviction, shall be fined not exceeding five hundred dollars ;
and the nuisance shall be abated, and special tax bills rendered
against the property in same manner as against non-residents, ex-
cept that notice by advertisement shall not be necessary. If such
service cannot be made for the reason that the owner, agents or
other persons having charge of the property upon which the nuis-
ance may exist, cannot be found in the city, of which fact the re-
turn upon such notice of the officer serving the same shall be con-
clusive evidence, then the Health Commissioner shall cause such
notice to be published in the newspapers doing the city printing,
for two consecutive days (Sundays excepted). And if within
two days after the service of such notice, or after its publication
as aforesaid, such nuisance shall not be abated, or the order ob-
served by the owner, then the Health Commissioner may order
the same to be done as hereinafter directed ; and the cost of the
same, when fully completed, shall be ascertained under the direc-
tion of the President of the Board of Public Improvements, in
the same manner as special tax bills for street improvements, and
the amount thereof shall be assessed as a special tax against the
property so improved, or upon which" such work has been done,
in the name of the owners thereof, of which the books of the As-
sessor shall be proof, and the certified bills of such assessment
shall describe therein the property upon which the work was done.
Said bills shall be recorded and shall be collected and paid as pro-
vided in the Charter in relation to the collection of other special
tax bills, and shall be a lien on said property, and the Health
Commissioner shall keep a record of his proceedings in all cases
of abatements ordered by him.

Sec. 2. All contracts for work contemplated by this ordinance
on which special tax bills are to be issued, shall be entered into
by the President of the Board of Public Improvements, in the
name of the city, based on the estimates of the cost by the Presi-
dents of the Board of Public Improvements, accompanied by.
reports of surveys and profiles, in cases requiring the same in the
judgment of such President, and shall be approved by the Mayor
and registered in the office of the Comptroller.

Sec. 3. It is made the duty of all police officers to observe the
sanitary condition of their districts, and through the Chief of
Police to report to the Health Commissioner promptly, any
nuisance or accumulated filth found to exist in any portion of the
city.

Sec. 4. Whenever any bedding, clothing, putrid or unsound
meat, beef, pork, fish, hides or skins of any kind, decayed or
unsound vegetables, oriruit, or any other article found within the




34 Laws and Ordinances

City of St. Louis, which in the opinion of the Health Commission-
er, shall be dangerous to the health of the inhabitants thereof, and
which shall be officially so declared of record by the Board of
Health, the Health Commissioner shall have the power and
authority to cause to be destroyed any and all such articles above
named, in such manner as he may direct, and he may employ such
persons as he may deem proper to remove or destroy such articles,
and every person who shall in any manner resist or hinder any
person so employed, shall be deemed guilty of a misdeuieanor,
and on conviction thereof, shall be fined not less than ^yq, nor
more than one hundred dollars, and all such fines when collected
shall be paid into the City Treasury.

Sec. 5. It shall be the duty of the Board of Health, whenever
the Health Commissioner has officially notified said Board, or
when any complaint has been made to said Board by any citizen,
that any business, trade or profession carried on by any person
or persons or corporations in the City of St. Louis, is detrimental
to public health, or wherever any nuisance or filth exists on the
property of any person or corporation, to notify such person or
persons or corporations to show cause before said Board of Health,
at a time and place to be specified in such notice, why the same
should not be abated, discontinued or removed ; which notice
shall not be valid unless served at least five days before the time
specified in such notice (except in case of epidemic or pestilence,
when the Health Commissioner, with the approval of the Board of
Health, may by general order direct a shorter time), and may be
served by 1 aving the same at the place of business or residence
of the parties to be aifected thereby, or their agents, by some
officer or person duly qualified to certify to such notice ; and all
notices of this kind issued by the Board of Health shall be signed
and certified to by the person or officer delegated to make such
service. If such notice cannot be given for the reason that the
owner, agents or other persons named in such notice cannot be
found in the city, of which fact the return upon such notice of the
officer or person serving the same shall be conclusive evidence,
then the Board of Health shall cause such notice to be published
in the newspapers doing the city printing for two consecutive
days, Sundays excepted. At the time fixed in said notice the
parties may appear in person, by attorney, or cause may be shown
by affidavit, and if in the opinion of the Board of Health and
Health Commissioner, no good and sufficient cause be shown why
the said nuisance, business, trade or profession should not be
abated, discontinued or removed, the Health Commissioner shall
order the said parties to abate, discontinue or remove the same
within such time as the Health Commissioner may deem reasona-



Governing the Health Department. 35

ble and necessary. If, upon the hearing of the affidavits, and the
evidence adduced in the case, tho Board shall find the facts to be
in favor of the parties before them, and so decide, the case shall
be dismissed.

Sec. H. Any person or persons failing or refusing to obey such
order of said Health Commissioner shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than twenty nor more than five hundred dollars ; and such person
or persons shall be subject to like fines, for each and every day
he, she or they, shall continue such nuisance, business, trade or
profession after the expiration of the time specified in the order
of the Health Commissioner for the abatement, removal or dis-
continuance of the same. . The fines mentioned in this ordinance
shall be collected as other fines, and paid into the City Treasury.

Sec. 7. Whenever it shall come to the knowledge of the
Mayor that any malignant, infectious or contageous disease or
epidemic is prevalent in the city, or will probably become so, he
may make proclamation of such fact to the inhabitants ; and after
such proclamation, the Health Commissioner, with the approval of
the Board of Health, may have power by order, to take all steps
and use all measures necessary to avoid, suppress or mitigate such
disease, without the intervention of the Assembly, iu the same man-
ner and as effectually as the Assembly could itself do by ordin-
ance, and may employ such officers, agents, servant and assistants,
establish temporary hospitals, provide necessary furniture, medi-
cal attendance and nurses, as in the opinion of the said Commis-
sioner, with the advice and counsel of said Board of Health may
be necessary and advisable ; provided, that the amount expended
shall not exceed the appropriation for the Health Department.
The Health Commissioner shall have and exercise such power un-
til he shall declare, or until the Mayor shall proclaim that the epi-
demic or disease, iu view of which the proclamation was made, is
no longer imminent or prevalent, whereupon the said power shall
cease.

Sec. 8. Whenever one or more resident tax-payers, living in
the immediate vicinity of any pond or ponds of putrid or stagnant
water, shall notify the Health Commissioner that said pond or
ponds are a nuisance by being dangerous to life, detrimental to the
health of the neighborhood in which they are situated, it shall be
the duty of the Health Commissioner to examine or cause to be
examined the same, and report the result of such examination and
all the facts connected therewith to the Board of Health within a
reasonable length of time after such examination is made. If,
after a careful inquiry into the same, the said Board of Health
shall decide that said pond or ponds are a nuisance, and dangerous
to life, detrimental or injurious to the health of the neighborhood ;



i.



36 Laws and Ordinances

due notice having been given to the owner or owners, agents,
representatives of the property whereon said ponds are situated,
as provided for by section 5 of this ordinance, the Board of Health
shall officially declare the same a nuisance, and the Health Com-
missioner shall order the abatement of the same. The Health
Commissioner thereupon shall notify the owner, owners, agents or
representatives, as provided for in section 5 of this ordinance, of
the action of the Board of Health in the premises, and it shall be
the duty of the Health Commissioner to see that said nuisance or
nuisances are abated, either by filling or draining. If the owner,
owners, their agents or legal representatives refuse or neglect to
comply with the order of the Health Commissioner, or fail in any
manner to abate the said nuisances within a given time, the Health
Commissioner shall report the same to the President of the Board
of Public Improvements, who shall at once proceed to abate the
same as provided for by sections 1 and 2 of this ordinance.

Sec. 9. All ordinances and parts of ordinances inconsistent
herewith are hereby repealed.

Approved August 14, 1877.

[10,805.]

AN ORDINANCE concerning the construction of privies,
sinks, basins and stationary tubs and their connection with sewers,
and prescribing the duties of the Health Commissioner, in rela-
tion thereto and repealing ordinance number ten thousand three
hundred and sixty -one, entitled '* An ordinance concerning the
construction of privies and their connection with sewers, and pre-
scribing the duties of the Health Commissioner in relation there-
to, and repealing sections one, two, three, four, five and six, of
article two of chapter twelve of the Revised Ordinances of the
City of St. Louis, approved March thirty -first, eighteen hundred
and seventy-one," and repealing sections one, two, three, four,
five and six, of article two of chapter twelve of the Revised
Ordinances of the City of St. Louis, approved March thirty-first,
eighteen hundred and seventy-one.

Be it ordained by the Municipal Assembly of the City of jSt.
Louis f as follows:

Section 1. Each and every tenement within this city, except
such parts which are not laid out in blocks, or where streets have
not been opened, used as a dwelling house or factory shall be fur-
nished with a suitable privy, the vault of which shall be sunk
under ground at least ten feet deep and walled up with brick or
stone, except in cases where said privies are connected with dis-
trict or public sewers, and shall be so constructed that the iuside



/



I



Governing the Health Department. 37

of the same shall be at least two feet distance from the line of
every adjoining lot, unless the owner of the adjoining lot shall
otherwise agree, and also the same distance from every street,
lane or avenue, and no privy shall be constructed at vjiriance with
these regulations, except by special permission of the Health
Commissioner.

Sec. 2. The Health Commissioner being satisfied that any
tenement is not provided with a suitable privy, and that such
l)rivy is a nuisance, and after it shall have been officially declared
a nuisance by the Board of Health, shall serve a written or
printed notice of such action thereon and shall direct and order
that a proper and lawful privy shall be constructed or that such
privy vault shall be cleaned and put into good sanitary condition
for such tenement within a time to be designated by the Health
Commissioner, not less than five days from the date of service of
вАҐsuch notice to the owner thereof or his agent or the tenant occu-
pying said premises, which notice shall be served upon the owner,
tenant or agent having charge of such property in the same man-
ner as writs of summons are required to be served in civil cases.
If the owner, agent or tenant, who shall have been so served with
such notice, shall fail within the time indicated in such notice,
which shall be discretionary with said Health Commissioner, to
comply with such order, or fail to show good cause to said Health
Commissioner why he can not or ought not to comply with such
order, for which purpose he shall be entitled to be heard before
said Health Commissioner and Board of Health, if he so requests
it, he shall be deemed guilty of a misdemeanor and on conviction
shall be fined not less than twenty nor more than five hundred
dollars, to be recovered for the use of the City of St. Louis, before
any court or officer having competent jurisdiction. The owner,
tenant or agent shall be subject to like fine, for each and every day
he, she or they shall continue to refuse to obey said order of said
Health Commissioner after the expiration of the time specified in
the order of the Health Commissioner for the abatement of the
same.

Sec. 3. The vaults or privies in or belonging to all residences,
factories, mills and warehouses located on a line of any street or
alley through which there is a public, private or district sewer,
shall be connected by the owners, tenants or lessees of said prop-
erty with such public, district or private sewer, when possible,
whenever required to do so by order of the Health Commissioner,
approved by the Board of Health, and so declared of record, which
notice or order shall be served upon the owner, tenant or agent
having charge of such property, in the same manner as writs of
summons are required to be served in civil cases, and if the owner,
tenant or agent, who shall have been served with such notice, shall



38 Laws and Ordinances

fail within the time indicated in such notice, which shall be discre-
tionary with said Health Commissioner, to comply with such order,
or fail to show good cause to said Health Commissioner, why he
cannot or ought not to comply with such order, for which pur-
pose he shall be entitled to be heard before said Health Commis-
sioner and Board of Health, if he so request it, he shall be deemed
guilty of a misdemeanor, and on conviction, shall be fined not less
than twenty nor more than five hundred dollars, to be recovered
for the use of the City of St. Louis before any court or officer
having competent jurisdiction.

Sec. 4. No privy within the limits of the City of St. Louis,
as they existed in the year eighteen hundred and seventy-five,
shall be emptied between the fifteenth day of May and the fifteenth
day of October, unless the Health Commissioner shall be satisfied
that the same is absolutely necessary for the health and comfort of
the inhabitants, and in such case they shall be thoroughly cleaned
by vault cleaners only, upon a permit obtained from the Health
Commissioner, for which the party applying shall pay the sum of
twenty-five cents, and the Clerk of the Health Commissioner shall
keep a full record of all permits thus issued, and report the same
to the Comptroller and pay the same into the City Treasury once
every week. No privy shall be emptied at any other time than
between the hours of twelve p. m. and four a. m., unless by
special permission or order from the Health Commissioner.

Sec. 5. The owner or occupant of any premises where tubs or
other vessels are used in a privy, shall not permit such tubs or
other vessels to remain more than one day without being emptied.

Sec. 6. All sinks, basins and stationary tubs in every hotel,


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Online LibrarySaint Louis (Mo.)Laws and ordinances for the government of the Health Department of the city of St. Louis, 1879 .. → online text (page 4 of 8)