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eThekwini
South Africa
South Africa
Public Health By-law, 1911
- Published in KwaZulu-Natal Provincial Gazette no. 93 on 28 December 1911
- Commenced on 27 December 1911
- [Up to date as at 7 August 2020]
- [Note: The original publication document is not available and this content could not be verified.]
1. Prohibited trades, etc.
No person shall—(a)Carry on or conduct any trade, calling or manufacture in such a way or manner as to be a nuisance or likely to be injurious to public health.(b)Keep any factory, workshop, workroom, workplace, store, or shop in an insanitary or unclean condition, or not ventilated in such a manner as to render harmless, as far as practicable, any gases, vapours, dust, or other impurities generated in the course of the work carried on therein.(c)Use any bakehouse, store, or other place where articles of food or foodstuffs are prepared, manufactured, or stored for the purpose of sale, as a sleeping apartment; or keep, prepare, manufacture, or store in any sleeping apartment any article of food which is intended for sale.(d)Use any room or store where articles of merchandise are stored for the purpose of sale as a sleeping apartment.(e)Keep any bakehouse, store, or other place where articles of food or foodstuffs are prepared, manufactured or stored for the purpose of sale in an insanitary or unclean condition, or allow or suffer any person to be employed in or about such bakehouse, store, or such other place whose person or clothing is unclean.(f)Keep any fowl, goat, sheep, or pig in any sleeping or living apartment.(g)Keep any dead body or corpse in any room, building, or other place so as to be a nuisance or dangerous to health.(h)Bury or dispose of any dead body or carcase or part of a carcase in any unauthorised place or allow any carcase or any other dead matter or any decomposing of offensive material or thing, his property or in his charge or under his control, to be deposited or remain on his premises or elsewhere so as to be a nuisance.(i)Expose or exhibit or convey in public any object causing a nuisance or dangerous to health.(j)Keep in a foul or improper manner any pool, ditch, gutter, water-course, privy, urinal, cesspool, drain, yard, gulley, water closet, sink or bath.(k)Otherwise than in conformity with the provisions of section 13, deposit in any street, highway, land or other unauthorised place, any refuse or rubbish.[Para. (k) substituted by r. 1 of PN 363 of 1979.](l)[Para. (l) deleted by PN 200 of 1984.](m)Cause or allow any foul or polluted water, or any foul liquid or matter to run or flow from any factory or other premises into any public or private street, road, or lane; or allow any such water, liquid, or matter to run or flow into any land or premises so as to cause a nuisance.(n)Commit any act tending to the pollution of water intended for public use.(o)Cleanse or wash any vehicle, animal, or any offensive article or utensil in any street or road.(p)Bathe or wash in any public water trough or at any public hydrant or fountain, or wash any animal or any article of clothing or any offensive article in any public water trough or at any public hydrant or fountain.(q)Beat or shake any carpet, rug, or mat in or over any street, road, footpath, public garden, or public place.(r)Commit a nuisance by depositing human excrement or urine in any improper or unauthorised place.(s)Foul or misuse any public latrine, privy, water-closet, or urinal, or foul or misuse any latrine, privy, water-closet, or other convenience at any public building, theatre, or public place or entertainment.1bis.
The owner of any premises shall ensure that all water supply pipes, including flush and sparge pipes, and all cisterns, taps or other water fittings or apparatus on such premises are maintained in good repair, order and condition, and provided, where necessary, with a constant, uninterrupted and adequate supply of water, and shall, whenever necessary, repair, renew or make good any such pipe, cistern, tap or other fitting or apparatus which becomes leaky, defective, broken, in disrepair or internally obstructed.[R. 1(bis) inserted by PN 3 of 1944 and substituted by PN 178 of 1958.]1ter.
2.
Any person being—(a)The occupier of any premises who shall keep such premises in such a state as to be a nuisance, or in a condition likely to be injurious to public health, or(b)The occupier of any dwelling-house or dwelling-room who shall keep the walls, floors, ceilings, windows, or other internal part of such house or room or the furniture or clothing in such a condition as to be a nuisance, or likely to be injurious to public health, or(c)The occupier of any dwelling-house or dwelling-room, which house or room is infested with bugs or other vermin, who shall not promptly take all reasonable measures for the destruction and eradication from such house or room of such vermin,shall be deemed to have contravened this By-law.2A. Nondiscrimination.
3. Maintenance of Cleanliness.
3bis.
(a)Whenever, in the opinion of the Council, any premises are not provided with a permanent or sufficient supply of wholesome water for drinking or domestic purposes, it may cause notice to be served upon the owner thereof requiring him to take water from the Council and, for that purpose, to provide the necessary piping and fittings for connection to any pipeline of the Council situated within a reasonable distance from the premises.(b)In such notice the Council may prescribe the points upon the premises at which such water supply should be made available to the occupier thereof to constitute a sufficient supply in its opinion.(c)If the owner of the premises fails, within a period of one month from the date upon which such notice is served upon him, to comply therewith, he shall be guilty of an offence, and the Council shall be entitled by its officers and servants to enter upon the premises and carry out the works required by the notice and to recover the cost thereof from the owner.(d)For the purpose of this By-law, “the Council” shall include any Committee of the Council to whom the Council may delegate the matters referred to herein pursuant to Section 8 of Ordinance No. 11 of 1934.[R. 3(bis) inserted by PN 9 of 1949.]4. House, bedding, clothing, etc., to be purified on notice from Health Officer.
If any house or part thereof or any article of bedding or clothing therein, is in such a filthy or unwholesome condition as to be a nuisance or likely to be injurious to public health, and if the occupier of such house or part thereof fails to promptly clean such house or part thereof or any article as aforesaid therein on receiving notice from the Medical Officer of Health or Inspector of Nuisances, requiring him, the said occupier, to clean and purify such house, or part thereof or any article as aforesaid therein, such Medical Officer of Health or Inspector of Nuisances is hereby authorised to cause such cleaning and purification of such house or part thereof or any such article, as he may deem necessary for the protection of public health.5. Keeping animals so as to be a nuisance.
Any person—(a)Who shall keep any animal or animals so as to be a nuisance or likely to be injurious to public health, or[Para. (a) amended by r. (i) of PN 73 of 1948 and by para. (a) (i) of PN 89 of 1951.](b)Who shall keep any stable or other building or premises or any enclosure in which any animal is kept in an unclean condition, or so as to be a nuisance or likely to be injurious to public health, or[Para. (b) amended by PN 249 of 1930, by r. (ii) of PN 73 of 1948 and by para. (a) (ii) of PN 89 of 1951.](c)Who shall keep animals other than those referred to in Section 101 of these By-laws in a kraal or other enclosure without the consent in writing of the Town Council, shall be deemed to have contravened this By-law.[Para. (c) amended by r. (iii) of PN 73 of 1948 and by para. (a) (iii) of PN 89 of 1951.](d)[Para. (d) inserted by PN 249 of 1930 and deleted by PN 157 of 1953.](e)[Para. (e) inserted by PN 249 of 1930 and deleted by PN 157 of 1953.](f)[Para. (f) inserted by PN 249 of 1930 and deleted by PN 157 of 1953.](g)[Para. (g) inserted by PN 249 of 1930 and deleted by PN 157 of 1953.]5bis.
6. Stables.
No person shall keep any horse or any other draught animal or any cattle in any stable or other building of which the floor is not properly and sufficientlypaved, or otherwise so prepared and maintained as to prevent stagnation of any urine or other liquid on such floor or the absorption by the ground of liquids or other noxious matter, or which floor is not provided with a sufficient drain constructed in such a manner and of such materials and maintained at all times in such condition as effectually to convey all urine or other liquids therefrom into a drain or other proper receptacle.7. Mosquitoes, flies, rats, etc.
8. Removal of weeds, undergrowth, etc.
(a)The owner of any vacant land or premises and the owner of occupier of any occupied land or premises shall destroy or cut down and remove therefrom all rank grass or weeds and the undergrowth of bush growing on such land or premises, on being served with a notice to that effect signed by the Medical Officer of Health of any officer duly authorised by him to do so, indicating that such conditions constitute a public health nuisance, and these measures shall be carried out within the time specified in such notice.[Para. (a) substituted by PN 421 of 1988.](b)Any owner or occupier who fails to carry out or comply with the requirements of any notice as aforesaid shall be guilty of an offence.(c)If the owner or occupier refuses to carry out the measures specified in a notice under this By-law or fails to do so within the time specified the City Medical Officer of Health may arrange for such measures to be carried out and the expenses incurred in so doing shall be recoverable by the Council from the person on whom the notice is served.(d)[Para. (d) amended by r. 2 in PN 139 of 1971, by PN 596 of 1974, by PN 45 of 1976, substituted by MN 10 of 1977 and deleted by PN 205 of 1987.][R. 8 amended by PN 166 of 1942, substituted by PN 207 of 1955 and by PN 373 of 1962.]8bis.
[R. 8(bis) inserted by PN 491 of 1948, amended by r. 3 of PN 139 of 1971 and deleted by PN 660 of 1973.]9. Smoke from furnaces, chimneys, etc.
Every fireplace or furnace in connection with any engine, mill, manufactory, bakery, or other business or trade process shall be so constructed or so regulated or used as to consume, as far as practicable, the smoke arising from the combustible matter used therein, and every chimney of any such engine, mill, manufactory, bakery or other place where any business or trade is carried on shall be carried to such a height as the Council may from time to time in each particular case direct.Any person using any fireplace or furnace as aforesaid, which shall not consume, as far as practicable, the smoke arising from the combustible matter used therein, orAny person using any engine, mill, or carrying on any manufactory, bakery, or other business or trade who shall allow smoke or soot from any chimney in connection with any such engine, mill, manufactory, bakery, or other business or trade process, to be emitted in such quantity as to be a nuisance, orAny person using any engine, mill, or carrying on any manufactory, bakery, or other business or trade who shall fail to construct or raise to such a height any chimney in connection therewith, as the Council may from time to time direct,shall be deemed to have contravened this By-law.10. Nuisance arising from defective premises.
The owner of any premises shall—(a)maintain all buildings, hardened areas and stormwater drains in good order and condition;(b)maintain all sanitary fitments, waste pipes, soil pipes, drains, drainage connections and other drainage fittings and pipes, together with the necessary accessories, in good order and condition;(c)provide suitable and effective means of drainage and disposal of all waste liquids and stormwater;(d)ensure that every room or other structure or accommodation used for human habitation or occupation is adequately lighted and ventilated in accordance with the requirements of the Building By-laws;(e)paint, colour-wash, lime-wash or otherwise suitably renovate any exterior part of the premises when so required by the Medical Officer of Health.[R. 10 amended by PN 1 of 1945 and substituted by r. (ii) of PN 178 of 1958.]11. Water from roof of premises, how to be conveyed away.
No owner or occupier of any house or building shall permit or suffer the water from the roof or top of any such house or building, or from any balcony, verandah, or portico belonging thereto, to be conveyed or to pass or fall to the ground on any street or public thoroughfares otherwise than by suitable eaves-troughing and down-piping, and no owner or occupier of any such house or other building shall permit or suffer the water from the roof or top of any such house or building, or from any balcony, verandah, or portico belonging thereto, to fall upon or flow or pass over any public footpath or thoroughfare, but such water shall be conveyed across and below the surface of any footpath into the gutter or channel of any street or thoroughfare by proper and substantial pipes or other appliances, subject to the approval of the City Engineer.12.
[R. 12 substituted by r. (i) of PN 561 of 1959, amended by para. (a), (b) and (c) of PN 462 of 1961, by r. 4 (i) and (ii) of PN 139 of 1971, by r. 1 of PN 612 of 1971, by r. 1 and r. 2 of PN 118 of 1978 and deleted by PN 97 of 1985.]13. Removal of Refuse.
14.
[R. 14 substituted by r. (iii) of PN 61 of 1959 and deleted by PN 97 of 1985.]15.
[R. 15 amended by r. (iv) of PN 61 of 1959 and deleted by PN 97 of 1985.]15bis.
[R. 15bis inserted by r. (v) of PN 61 of 1959, substituted by r. 4 of PN 612 of 1971, amended by Proc. No. 199 of 1971, by r. 1 of PN 119 of 1972, by r. 2 (i) and (ii) of PN 660 of 1974, by para. (C) 5 of MN 96 of 1976, by r. 2 of MN 124 of 1977, by r. (4) of MN 161 of 1979, by MN 62 of 1981 and by r. 10 and r. 11 of MN 156 of 1982, by r. 9 and r. 10 of MN 84 of 1983, by r. 5, r. 6 and r. 7 of MN 98 of 1984 and deleted by PN 97 of 1985.]15ter.
[R. 15ter inserted by PN 114 of 1972, amended by para. (a) of PN 391 of 1981 and deleted by PN 97 of 1985.]15quat.
[R. 15quat inserted by PN 114 of 1972 and deleted by PN 97 of 1985.]15quin.
[R. 15 quin inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]15sext.
[R. 15sext inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]15sept.
[R. 15sept inserted by PN 391 of 1981 and deleted by PN 97 of 1985.]16.
[R. 16 amended by r. (ii) of PN 406 of 1956, substituted by r. (vi) of PN 61 of 1959 and deleted by PN 97 of 1985.]17.
[R. 17 substituted by r. (vii) of PN 61 of 1959, amended by PN 26 of 1977 and deleted by PN 97 of 1985.]Slaughter of animals
18. Place of Slaughter.
No person shall slaughter or cause or permit to be slaughtered any animal or bird within the City except as such place or places as shall be appointed or approved by the Medical Officer of Health; provided that this shall not apply to any case where—(a)it is necessary to destroy any injured, diseased or dangerous animal or bird and where it could not safely be taken to any authorised place of slaughter; or(b)the meat therefrom is not intended for consumption by humans, animals or birds and suitable means are available for the disposal of every part of such animal or bird; or(c)a rabbit or bird, is intended for consumption by such person or his household, exclusively.[R. 18 substituted by PN 345 of 1958, amended by r. 2 in PN 370 of 1971, and substituted by r. 1 in PN 585 of 1975.]19. Introduction of Meat.
20. Inspected Meat.
No person shall sell, expose for sale, use or have in his possession in any premises, or cause or permit the same, any meat which has not been duly inspected, passed and marked or stamped in accordance with these By-laws unless such meat—(a)is not intended for consumption; or(b)is intended for the consumption by such person or his household exclusively; or(c)is being conveyed or detained in accordance with the requirements of Section 19.[R. 20 amended by PN 48 of 1983, by r. (i) of PN 340 of 1966 and substituted by r. 3 of PN 585 of 1975.]Prevention of overcrowding or persons in houses and workshops
21. Provisions for preventing overcrowding.
The following provisions shall have effect for the purpose of preventing the overcrowding of premises and buildings with human beings—(a)There shall not be at any time a larger number of persons living or sleeping in any house than the sleeping rooms or accommodation such house contains space for on the calculation of 8.5m³ and 2.8m² of floor area for each and every person living or sleeping therein, any space taken up by furniture, boxes, or other articles to be deducted in calculating the space contained in any such house, and[Para. (a) amended by r. 6 of PN 139 of 1971.]any person, the occupier of or in whose charge or control any such house may be, who shall occupy or allow to be occupied any such house, by a greater number of persons than such house contains space for on the aforesaid calculation shall be deemed to have contravened this By-law.(b)If owing to the structural or other condition of any such house, or to the habits of the persons residing therein, and notwithstanding that there may be a space of 8.5m³ and a floor area of 2.8m² in respect of each and every person living or sleeping in such house, if the air of any such house shall be so impure as to be a nuisance or likely to be injurious to the health of the occupants therein, any person, the occupier of, or in whose charge or control any such house may be, upon receiving a notice signed by the Medical Officer of Health, shall cause the number of persons residing in such house to be reduced to such extent as shall be specified in such notice, and any such occupier in whose charge or control any such house may be who shall fail to comply with such notice, or who shall comply or allow to be occupied any such house by a greater number of persons than shall be specified in the aforesaid notice shall be deemed to have contravened this By-law.[Para. (b) amended by r. 6 of PN 139 of 1971.]21bis. Overcrowding, etc., in Flats in Ocean Beach Area.
22. 8,5m3 to be allowed for each person.
There shall not be a greater number of persons employed in any factory, workshop, or workroom than such factory, workshop, or workroom contains space for on the calculation of 8.5m³ for each and every person employed or being therein.Any person, the occupier of, or person carrying on any business or trade in any such factory, workshop, or workroom in which a greater number of persons shall be or shall be employed than such factory, workshop, or workroom contains space for on the aforesaid calculation, shall be deemed to have contravened this By-law.[R. 22 amended by r. 9 of PN 139 of 1971.]23. Floors, Light and Ventilation of Houses.
No person shall let, hire, occupy, or cause or allow to be let, hired, or occupied for human habitation any house, building, barrack, room, or apartment unless the ground floor shall be constructed of concrete, tiles, or boards, or of such other material as will admit of thorough cleansing, nor in case of any boarded floor unless there shall be a clear space of 225 mm least in every part between such floor and the ground, and with sufficient through ventilation between such floor and such ground.[R. 23 amended by r. 10 of 1971.]24. Windows.
No person shall let, hire, occupy, or cause or allow to be let, hired, or occupied for human habitation any house, building, barrack, room, or apartment unless there shall be in such house, building, barrack, room or apartment one or more windows of an area equal at least to one-tenth of the floor space of such house, building, barrack, room, or apartment, and so constructed that one-half at least of every such window can be opened at all times into the external air.25. Ventilation.
No person shall let, hire, occupy, or cause or allow to be let, hired, occupied for human habitation any house, building, barrack, room, or apartment unless there shall be provided special and adequate means of ventilation in addition to any window or chimney which may be in such house, building, barrack, room, or apartment.25A. Sleeping Rooms.
No person shall let, hire, occupy, or cause or allow to be let, hired, occupied any room for sleeping in—(a)which was approved as—(i)a kitchen, pantry or food preparation room;(ii)a bathroom, water closet, privy or laundry;(iii)a hallway, stairway, landing or passage; or(b)which does not comply with the relevant standards prescribed in the Building By-laws relating to minimum dimensions, and lighting and ventilation by natural means.[R. 25A inserted by PN 471 of 1972.]Relating to privies and cesspools
26. Privies.
No persons shall have or use a privy at any place within the Borough where sewerage is available. Provided that this shall not apply to any privy which the Inspector of Nuisances may authorise to be used on any premises as a temporary convenience and for a specified time only.Every privy shall be—(a)Constructed in a manner as provided for in the Building By-laws of the Borough.(b)In such a position as will be proper for the purpose of decency, and for avoiding unsightliness or nuisance therefrom.(c)In such a position as will admit of all nightsoil being removed from such privy and from the premises on which such privy shall be situated without being carried through any dwelling-house, shop, or public building, and any person, the owner of any premises, who shall fail to comply with any of the provisions hereof shall be deemed to have contravened this By-lay.27. Repair.
Every owner or occupier of premises shall make such necessary privy or water-closet provision as shall be requisite for the proper accommodation of the persons residing or being employed on or using such premises, and shall also maintain every such privy or water-closet in a proper condition of repair.[R. 27 amended by PN 529 of 1953.]28. Night soil buckets.
No occupier of premises shall put or allow to be put into any night soil receptacle in any privy any matter other than faecal matter, disinfectants only excepted.29. Cesspools.
No person shall construct a cesspool or allow a cesspool to be on his premises.Houses unfit for habitation
30. Notices to owners.
Where a notice, in the form hereunto appended, or to be like effect, signed by the Town Clerk, has been duly served upon the owner of a building or part of a building, by which notice such owner shall be informed that it has been represented to the Town Council that such building or part of a building is unfit for human habitation, and that, unless on or before such day as shall be specified in such notice, such owner by a statement in writing under his hand, or under the hand of his agent, and addressed to and duly served upon the Town Clerk, shall, in the opinion of the Town Council, show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, or unless, on such day and at such time and place as shall be specified in such notice, such owner personally or by his agent shall attend before the Council, and, in the opinion of the Town Council, show sufficient cause why such building or part of a building shall not be declared unfit for human habitation, the Council may declare such building or part of a building unfit for human habitation, and direct that such building or part of a building shall be closed, and prohibit the use of human habitation of such building or part of a building until the same shall have been rendered fit for human habitation and authority given by the Council, in writing, for such building or part of a building to be again used for human habitation.Any where such owner shall disregard any notice as aforesaid served by the Corporation or fail to show sufficient cause to such Council why such building or part of a building shall not be declared unfit for human habitation the Council may declare that such building or part of a building is unfit for human habitation and direct that such building or part of a building shall be closed and the use thereof for human habitation prohibited until such building or part of a building shall have been rendered fit for human habitation and authority given by the Council, in writing, for such building or part of a building to be again used for human habitation—Any person who shall inhabit or continue to inhabit or cause or suffer to be inhabited such building or part of a building after having been served with notice of such declaration of unfitness by the Council and before the aforesaid authority in writing shall having been given for such building or part of a building to be again used for human habitation shall be liable to be prosecuted for contravening this By-law.Form of notice
Town Office,DurbanToWhereas by a statement in writing under the hand of ……………………, Medical Officer of Health, of which statement a copy is hereunto annexed, it has been certified to the Town Council that a certain building or part of a building situate at …………………………………………………………………………………………… within the Borough of Durban is unfit for human habitation.And whereas it has been shown to the said Council that you are the owner of such building;Now, I ………………………………………………………………………, Town Clerk to the said Council, do hereby give you notice that, unless on or before the …………………… day of ……………………………19…………, by a statement in writing under your hand or under the hand of an agent duly authorised by you in that behalf, and addressed to any duly served upon or delivered to the said Council, you shall show to the said Council sufficient cause why such building or part of a building shall not be declared unfit for human habitation;Or unless you shall attend personally or by an agent duly authorised in that behalf before the said Council on day of 19…………, at ……………… o’ clock in the noon, and shall then and there show to the said Council ……………… on …………………… day of …………………………, 19…………, at ……………… o’clock in the noon, and shall then and there show to the said council sufficient cause why such building or part of a building shall not be declared unfit for human habitation;The said Council may declare that such building or part of a building is unfit for human habitation, and direct that such building or part of a building shall be closed and the use thereof for human habitation prohibited, until such building or part of a building shall have been rendered fit for human habitation and authority given by the Council in writing, for such building or part of a building to be again used for human habitation.Witness my hand, this …………………………………………………… day of …………………………………………, 19……………….Town ClerkRelating to infectious diseases and quarantine
31. If any person—
(a)While suffering from any infectious disease wilfully exposes himself without proper precautions against spreading the said disease in any street, public place, shop, store, hotel, boarding or lodging house, place of refreshment, entertainment, or assembly, or any place used in common by any person other than members of the family or household to which such infected person belongs; or(b)Being in charge of a person suffering from any infectious disease, wilfully exposes such sufferer without proper precautions against spreading the said disease in any street, public place, shop, store, hotel, boarding or lodging house, place of refreshment, entertainment, or assembly, or any place used in common by any person other than members of the family or household to which such infected person belongs; or(c)Knowingly gives, lends, sells, pawns, transmits, removes, or exposes any bedding, clothing, or other articles which have been exposed to infection from any infectious disease without previous disinfection to the satisfaction of the Medical Officer of Health; or(d)Permits any person to assemble or congregate in any house, room, or place over which he has control in which there shall be the body of any person who has died of any infectious disease;(e)After receiving a written or printed notice to this effect, deposits, or causes or permits to be deposited any filth, rubbish, or matter has been exposed to infection, without previous disinfection, in any sewer or drain, or any receptacle or elsewhere than in a receptacle specially provided by the Medical Officer of Health or other person employed under him, to receive and contain such filth, rubbish, or matter;He shall be liable to a penalty for a breach of these By-laws; Provided, however, that any person transmitting with proper precautions any bedding, clothing, or other articles for the purpose of having the same disinfected shall not be liable to any penalty hereunder.32. Handling of goods likely to cause infection may be stopped.
The Medical Officer of Health is hereby authorised and empowered to stop the removal or handling of goods, articles, or materials which, in the opinion of the Medical Officer of Health, are likely to convey infection. A written order prohibiting such removal and handling shall be served on the owner of, or person under whose care or control such goods, articles or materials may be, and no person shall remove or handle, or in any way attempt to remove or handle such goods, articles or materials, after such order shall have been so served, until the order prohibiting such removal has been cancelled in writing by the Medical Officer of Health. The Medical Officer of Health may further, on an order countersigned by the Mayor, order the whole or any part of such goods, articles or materials, the removal or handling of which shall have been prohibited as aforesaid, to be destroyed or otherwise dealt with as he may consider necessary to prevent the spread of infection, and any person failing to comply with such written order or who removes or handles or attempts to remove or handle any such goods, articles and materials after such prohibitive order shall be deemed to have contravened this By-law.33. Children suffering from infectious diseases restricted as regards attending school.
Every parent or person having care or charge of a child who is or has been suffering from any infectious disease, or resides in a house where such disease exists, or has existed within a period of three months, who shall knowingly or negligently permit such child to attend school without procuring and producing to the teacher or other person in charge of such school a certificate from the Medical Officer of Health, which he shall grant free of charge, that such child has become free from disease and infection, and that the house and everything therein exposed to infection has been disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.34. Contravention by teacher.
Any teacher or person in charge of any school who shall knowingly permit any child as aforesaid to attend such school without first receiving from the parent or guardian of such child a certificate as aforesaid shall be deemed to have contravened this By-law.35. Person suffering from infectious disease may be removed under order signed by Mayor.
When any person is suffering from any infectious disease and is without proper lodging or accommodation, or is so lodged that proper precautions cannot be taken for preventing the spread of the disease, or is lodged in a room occupied by others besides those necessarily in attendance on such person, or in any lodging-house, boarding-house, hotel, or any other premises where such person cannot be effectually isolated so as to prevent the spread of the disease, the Medical Officer of Health may, with an order countersigned by the Mayor, direct the removal of such person at the cost of the Council to any suitable hospital, or place provided or used for the reception of the sick, and his detention therein for so long as he continues in an infected condition, or may direct the removal from the room or house occupied by such person of all others not in attendance on him, the Council providing suitable accommodation for such person or persons. Any person who wilfully disobeys or obstructs the execution of such order shall be liable to a prosecution for a contravention of this By-law. Provided always that no such order shall be necessary where the removal is carried out with the consent of the patient or his parent or guardian.36. Plague and Smallpox, special powers.
Notwithstanding any of the foregoing provisions as to infected persons, the Medical Officer of Health may direct the removal to hospital of any person found to be suffering or suspected to be suffering from Plague or Smallpox, and such Medical Officer of Health, when authorised thereto by an order signed by the Mayor, shall have power, if circumstances appear to him to warrant such action, to order the removal to any place appointed therefor of any persons who may have been exposed to infection, either by living in the said premises with any person affected with Plague or Smallpox, or by visiting any such person, or by entering any such premises, or on account of unusual mortality among rats, mice, or other animals in or around such premises in which the aforesaid persons live or to which they rest.If any order or removal or detention as aforesaid shall be resisted or disobeyed by any person the Medical Officer of Health may take all reasonable steps for the carrying out of such order.Any person so removed to hospital or other place of accommodation under the provisions of this By-law shall be detained until discharged by order of the Medical Officer of Health, and during his stay he shall conduct himself in accordance with the rules of the institution and the instructions of the Officer or person in charge of such hospital or place of accommodation.37. Unburied bodies.
No person shall, without the sanction of the Medical Officer of Health, in writing, retain unburied elsewhere than in a public mortuary, for more than twenty-four hours the body of any person who has died from any infectious disease.38. Persons dying from infectious disease.
If any person dies from any infectious disease in a hospital or place of temporary accommodation for the sick the dead body shall not be removed from such hospital or place except for the purpose of being forthwith buried, and it shall not be lawful for any person to remove such body except for that purpose; and the body when taken out of such hospital or place shall be forthwith taken direct to the place of burial and there buried. Nothing in this section shall prevent the removal of a dead body from a hospital or place of temporary accommodation to a public mortuary, and such mortuary shall for the purpose of this By-law be deemed part of such hospital or place as aforesaid.39. Regulations as to disposal of body.
If the dead body of any person who has died from an infectious disease is retained or kept in any house, building, or other place so as to be, in the opinion of the Medical Officer of Health, dangerous to health, he may order that the body shall be removed, or he may order that such body shall be removed to a burial place and there buried within a time to be specified in such order, and in the event of such order not being complied with in all respects, the Medical Officer of Health may cause the body to be removed and buried, and any person who shall retain or keep any such dead body in any house, building, or other place contrary to any order as aforesaid, served on or received by him shall be liable to be prosecuted for contravening this Bylaw.40. Disinfection of clothing.
No person shall knowingly send or deliver to any person engaged in a laundry or washing business any clothing, linen, or other textile article which has been used by or in connection with any person suffering from an infectious disease, until such clothing, linen, or such other article shall have been disinfected to the satisfaction of the Medical Officer of Health, and no person shall knowingly send or deliver as aforesaid such article without first giving notice in writing to the person carrying on such laundry or washing business that the same has been so used and disinfected.41. Laundry-keepers to furnish names of customers.
Any person or company earning a livelihood or deriving gain by the washing of clothes shall furnish to the Medical Officer of Health, when requested by him, a full and complete list of the names and addresses of the owners of clothes for whom such person or company washes or has washed during the previous six weeks; and every person who shall refuse to furnish such list, or shall furnish an incomplete or incorrect list, shall be liable to prosecution for contravening this By-law.42. Books exposed to infection - lending libraries.
No person shall return to any lending library any book which has to his knowledge been exposed to infection from any infectious disease, but any person having in his charge any such book belonging to any lending library shall at one give notice that it has been exposed to infection to the Medical Officer of Health, who shall take possession of such book, and deal with it as he may consider necessary to prevent the spread of infection.43. Vehicles.
If any owner or person in charge of a public vehicle knowingly convey therein, or any other person knowingly place therein, a person suffering from any infectious disease, or if a person suffering from any such disease enter any public vehicle, he shall be deemed to have contravened this By-law.44. Disinfection of vehicles.
The owner or person in charge of any public vehicle in which a person suffering from any infectious disease has been conveyed or been placed or has entered shall forthwith inform the Medical Officer of Health and shall send such vehicle to such place as the Medical Officer of Health shall then appoint to be disinfected by such Medical Officer, and any owner or person as aforesaid failing to comply with the provisions hereof shall be deemed to have contravened this By-law.45. Transportation of body through Borough.
Any person who shall transport through the Borough the body of any person who has died from any infectious disease unless and until the Medical Officer of Health shall be satisfied that every precaution necessary for the public safety has been taken shall be deemed to have contravened this By-law.46. Driver or owner of vehicle to be notified.
Any person who hires or uses a public vehicle other than a hearse for the conveyance of the body of a person who has died from any infectious disease, without previously notifying to the owner or driver or puller of such public vehicle that the person whose body is intended to be conveyed has died from such disease, and any owner or driver or puller of a public vehicle, other than a hearse, which had to the knowledge of such owner or driver or puller has been used for conveying the body of a person who has died from any infectious disease, who shall not immediately provide for the disinfection of such vehicle, shall be deemed to have contravened this By-law.47. Swimming and other Pools.
48. Harbouring Plague or Smallpox patient.
Any person who shall harbour, or conceal, or assist to harbour or conceal any person suffering from Plague or Smallpox shall be deemed to have contravened this By-law.49. Compensation for goods destroyed.
The owner of any goods, articles, or merchandise which shall be destroyed or unnecessarily damaged in the course of the carrying out of measures for the arrest or prevention of the spread of infectious disease, shall be entitled to compensation.50. Duties of dairymen.
Whenever the Medical Officer of Health shall be of opinion that the outbreak or spread of sickness or disease within the Borough is attributable to milk sold by any dairyman such dairyman shall on request being made to him by the Medical Officer of Health furnish forthwith to such Medical Officer of Health—(a)A full and complete list of the names and addresses of the customers or persons supplied with milk by such dairyman, and(b)A full and complete list of the names and addresses of the farmers, cowkeepers, or other parties from whom during a period to be specified by such Medical Officer of Health the milk or any part of the milk sold or distributed by such dairyman was obtained,and any dairyman who shall fail to comply with the provisions hereof shall be deemed to have contravened this By-law.ADDITIONAL BY-LAWS FOR THE BOROUGH OF DURBAN RELATING TO INFECTIOUS DISEASE AND QUARANTINE51. Demolition of premises.
The Medical Officer of Health shall have power to order the demolition of any hut, shanty, shed, or like structure, and -the destruction or removal of the materials thereof, when, in his opinion, such is necessary for then prevention of the spread of infection.[R. 51 previously r. 66 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]52. Compulsory disinfection or decontamination.
Where any person who is known or suspected to have been exposed to any infection or to have been exposed to contamination by any matter to thing which the Medical Officer of Health considers to be actually or potentially dangerous to health refuses or is unable to wash and cleanse himself to the satisfaction of the Medical Officer of Health, such officer may order the bathing, cleansing, disinfection or decontamination of such person at such place and in such manner as he deems fit free of charge.[R. 52 previously r. 67 inserted by PN 12 of 1912, renumbered by r. (vii) of PN 285 of 1954 and substituted by r. 1 of PN 20 of 1971.]53.
[R. 53 previously r. 68 inserted by PN 12 of 1912, substituted by r. 1 of PN 92 of 1927, renumbered by r. (vii) of PN 285 of 1954 and deleted by r. 2 of PN 20 of 1971.]54. Destruction of bedding, etc.
The Medical Officer of Health may order the destruction of any bedding, clothing, or other articles which have been exposed or are suspected of having been exposed to infection from any infections disease.[R. 54 previously r. 69 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]55. Notice to purify premises.
If the Medical Officer of Health or the Inspector of Nuisance is of opinion that the limewashing, cleansing, purifying, or disinfecting of any premises, or part thereof, or of any articles therein likely to retain infection, or the destruction of such articles would tend to prevent the incidence of or check the spread of infectious disease, he shall give notice to the owner or occupier of such premises, or part thereof, to whitewash, cleanse, purify, or disinfect, or (as regards the articles) destroy the same to his satisfaction, within a time specified in the notice, and if the person to whom such notice is so given fails to comply therewith he shall be deemed to have contravened this By-law, and the Medical Officer of Health or the Inspector of Nuisances may forthwith cause such premises, or part thereof, to be limewashed cleansed, purified, or disinfected, and such articles aforesaid to be purified or disinfected or destroyed.[R. 55 previously r. 70 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]56. Entry on premises by Health Officer.
If infectious disease shall exist in any premises the Medical Officer of Health may, by such persons as he may authorise, enter upon such premises and carry out such process of disinfection to such premises and any furniture and effects therein as he may deem necessary both during the period of infection and also at the termination of the disease.[R. 56 previously r. 71 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]57. Knowingly letting infected house.
Any person who knowingly lets for hire any house, or part of a house, in which any person has been suffering from any infectious disease without having such house, or part of house, and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.For the purpose of this By-law, the keeper of an hotel, boarding-house, or lodginghouse shall be deemed to let for hire part of a house to any person receiving lodging or food in such hotel, boarding-house, or lodging-house.[R. 57 previously r. 72 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]58. Neglecting to disinfect rooms.
Any person who shall cease to occupy any house, room, or part of a house in which any per has within six weeks previously been suffering from any infectious disease without having such house, room, or part of house, and all articles therein liable to retain infection, disinfected to the satisfaction of the Medical Officer of Health, shall be deemed to have contravened this By-law.[R. 58 previously r. 73 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]59. Entry by Health Officer on suspected premises.
The Medical Officer of Health, or any official specially authorised by him in writing, may enter upon any premises in which infectious disease has been reported or is suspected to exist, and may make such inquiries and inspections of premises as may be necessary, and the Medical Officer of Health may further, for the purpose of discovering infectious disease, inspect such persons as he may deem it necessary to inspect, and any person who directly or indirectly wilfully hinders, obstructs, or resists such entry, inquiry, or inspection or refuses to answer of knowingly makes false answers to any such inquiry, shall be deemed to have contravened this By-law.[R. 59 previously r. 74 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]60. House may be closed if likely to be a source of danger.
If it shall appear to the Medical Officer or Health that any premises are, owing to their condition or that of the neighbourhood, or to the condition of their occupation, for any other reason, likely to be a source of danger to the public health or to favour the spread of plague or small-pox, it shall be lawful for the Medical Officer of Health, on the authority of the Mayor, to order that any house or building on such premises shall be closed and the inmates removed therefrom until such time as the Medical Officer of Health shall advise that such house or building may with safety be re-occupied. If such order be not complied with within the time specified by the Medical Officer of Health he may instruct any person to remove the inmates therefrom and close up with the provisions hereof shall be deemed to have contravened this By-law.[R. 60 previously r. 75 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]61. Regulations for persons dealing in grain, produce, etc.
Every person keeping, storing, or dealing in any corn, grain, rice, meal, flour, forage, hay, fodder, sugar, potatoes, foodstuffs, or fruit, shall comply with the following regulations—(a)Such goods, articles, or materials shall be kept or stored at all time in such a manner as will protect them as far as possible from rats and mice.(b)Any building or store in which any such goods, articles, or materials are kept or stored shall be maintained as far as possible free from rats and mice.(c)Such building or store shall also, as regards the floor, walls, and roof, and all other parts thereof, be made and kept inaccessible to rats and mice.In addition to the foregoing, any person as aforesaid shall carry out such other works as may be notified to him by the Borough Medical Officer of Health as being necessary for the prevention of the spread of plague.[R. 61 previously r. 76 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]62. Duties of employers of coloured labour in time of plague.
If at any time the Borough is affected by or threatened with plague or small-pox, and notice to this effect is published in one or other of the local newspapers every person employing coloured workers in the said Borough shall ascertain each morning whether any of such workers are sick. If any such workers shall be sick the employer of such worker shall immediately engage the services of a qualified medical practitioner to examine such worker then and each day subsequently until he shall be restored to health. Such employer shall obtain from the medical practitioner a certificate stating the nature of the sickness from which such worker is suffering, and such medical practitioner shall clearly state in such certificate if there is anything in the nature of the sickness to arouse any suspicion of the disease being plague or small-pox.In the event of any such statement being endorsed on the certificate the employer shall forthwith despatch the certificate to the Medical Officer of Health, together with the name in full and the accurate address of the place where the patient is residing or is to be found.It shall also be the duty of the employer in such case to make adequate provision against the possibility of the person so sick with symptoms suspicious of plague or smallpox leaving the place where he then is until he shall have been dealt with or removed by order of the Medical Officer of Health.Every employer hereinbefore referred to shall keep proper records of the persons in his employ, and of cases of absence and of sickness amongst them, which records, as well as all medical certificates granted under the foregoing regulations, shall at all times be open to inspection by the Medical Officer of Health, or by any officer acting under his instructions. Any employer or medical practitioner as hereinbefore mentioned who shall fail to comply with any of these provisions herein contained shall be deemed to have contravened this By-law.[R. 62 previously r. 77 inserted by PN 12 of 1912 and renumbered by r. (vii) of PN 285 of 1954.]Infectious diseases and quarantine
63. Mayor may declare a quarantine area.
Notwithstanding anything contained in the provisions of Sections 35, 36 and 60 of the By-Laws for the Borough of Durban relating to Infectious Diseases and Quarantine, in the event of the occurrence of Smallpox, Scarlet Fever, or other infectious as defined by Proclamation to be infectious, i shall be lawful for the Mayor, upon the certificate in writing of the Medical Officer of Health that such a case of infectious disease exists in the Borough, and that persons residing, or being within, or being in near proximity to the dwelling-house or other place where such case of infectious disease has taken place, are likely, under the circumstances, to be infected with any such infectious disease, to declare the dwelling-house or other place as aforesaid, and also an area; within a radius not exceeding 180 m from such dwellinghouse or other place as aforesaid, to be a quarantine; area, and to issue such orders and give, such directions as may be necessary to cut off all communication between any person infected within the said area or under the circumstances likely to be infected, and the rest of the inhabitants of the Borough.The Mayor may appoint such officers, agents, or servants as he may consider necessary for the purpose of preventing any such communication as aforesaid and for rendering effectual the quarantine established.The Medical Officer of Health may, by writing under his hand, release from the operation of any such quarantine as aforesaid any person whom he may deem to have been sufficiently vaccinated (in the case of Small-pox being the infectious disease aforesaid), or who may, in his opinion, have otherwise been sufficiently disinfected, and he may also release from the quarantine area any goods wares, letters, merchandise, which shall have been, to his satisfaction, sufficiently purified or disinfected.The period of time during which the persons residing or being within such area as aforesaid shall be kept in quarantine shall be determined by the Mayor upon the written advice and recommendation of the Medical Officer of Health.Any person—Who, having been ordered to remain in quarantine, shall escape from quarantine, or who shall depart therefrom without being released from the operation of such quarantine by authority in writing of the Medical Officer of Health, orWho shall disobey or disregard any proper instruction or order given by any official, agent, or servant appointed for the establishing or carrying out of quarantine, shall be guilty of an offence.[R. 63 previously r. 78 inserted by PN 117 of 1912, renumbered by r. (i) of PN 285 of 1954, amended by r. (vii) of PN 285 of 1954, by r. (ii) of PN 340 of 1966 and by r. 11 of PN 139 of 1971.]Additional public health by-laws for the borough of Durban relating to Typhus
[Additional Public Health By-laws for the Borough of Durban relating to Typhus inserted by PN 8 of 1918.]64.
If it shall appear to the Medical Officer of Health that any premises are, owing to their condition or that of the neighbourhood, or to the condition of their occupation, or for any other reasons, likely to be a source of danger to the public health or to favour the spread of Typhus, it shall be lawful for the :Medical Officer of Health, on the authority of the Mayor, to order that any house or building on such premises shall be closed and the inmates removed therefrom until such time as the Medical Officer of Health shall advise that such house or building may with safety be re-occupied. If such order be not complied with within the time specified by the Medical Officer of Health he may instruct any person to remove the inmates therefrom and close up such premises, and any person neglecting to comply with the provisions hereof shall be deemed to have contravened this By-law.[R. 64 previously r. 94 renumbered by r. (ix) of PN 285 of 1954.]65.
If at any time the Borough of Durban is affected or threatened with Typhus, and notice to this effect is published in one or other of the local newspapers, every person employing Natives or coloured persons or Asiatics within the Borough of Durban shall ascertain each and every morning whether any of such employees are sick. If any such employees shall be sick, the employer shall immediately engage the services of a qualified medical practitioner to examine such employee then and each day subsequently until he shall be restored to health. Such employer shall obtain from the medical practitioner a certificate stating the nature of the sickness from which such employees is suffering, and such medical practitioner shall clearly state in such certificate if there is anything in the nature of the sickness to arouse any suspicion of the disease being Typhus.In the event of any such statement being endorsed on the certificate, the employer shall forthwith despatch the certificate to the Medical Officer of Health for the said Borough, together with the name in full and the accurate address of the place where the patient is residing or is to be found.It shall also be the duty of the employer in such case to make adequate provision against the possibility of the persons so sick with symptoms of Typhus leaving the place where he then is until he shall have been dealt with or removed by order of the said Medical Officer of Health.Every employer herinbefore referred to shall keep proper records of the persons in his employ and of cases of absence and of sickness amongst them, which records, as well as all medical certificates granted under the foregoing Regulations, shall at all times be open to inspection by the said Medical Officer of Health or by any official acting under his instructions[Editorial Note: Wording as per original Provincial Gazette. It is suggested that the word “herinbefore” is intended to be “hereinbefore”.]Any employer or medical practitioner as hereinbefore mentioned who shall fail to comply with any of the provisions herein contained shall be deemed to have contravened this By-law.[R. 65 previously r. 95 renumbered by r. (ix) of PN 285 of 1954.]66.
In terms of Sections 3 and 8 of Act No. 14 of 1899, the Medical Officer of Health, the Inspector of Nuisances, or any Assistant Inspector of Nuisances or any Sanitary Inspector are authorised to carry out within the Borough the functions prescribed by Section 3 of the said Act. Any officer authorised to act under this By-law is hereby further authorised to take any person within the Borough whom (by reason of the foul condition of his clothing or person or otherwise) the officer may have reasonable cause to suspect of being infested (whether in respect of clothing or person) with lice or other parasites capable of causing or conveying the disease known as Typhus Fever to a cleansing station to be there subjected to such cleansing as may be necessary for the purpose of cleansing his person and clothes of vermin.[R. 66 previously r. 96 renumbered by r. (ix) of PN 285 of 1954.]67.
Every owner and/or occupier of premises within the Borough of Durban on which premises there shall be employed or housed Natives or coloured persons or Asiatics shall provide means and facilities for the washing, cleansing, and freeing from vermin of such persons and all their clothing, effects, and dwellings, and any such occupier who, after reasonable notice from the Mayor or Medical Officer of Health for the said Borough, fails to provide such means and facilities shall be deemed to have contravened this By-law.[R. 67 previously r. 97 renumbered by r. (ix) of PN 285 of 1954.]68.
Any Sanitary Inspector or any member of the Police or any other person duly authorised thereto by the Mayor or the Medical Officer for the Borough of Durban is hereby empowered to use such force as may be necessary to enforce any requirement under or to prevent any contravention of these By-laws in relation to Typhus Fever.[R. 68 previously r. 98 renumbered by r. (ix) of PN 285 of 1954.]69.
It shall be lawful for the Mayor to issue an order prohibiting the movement of Native or Coloured persons or Asiatics into or out of any area within the Borough (such area to be defined in such order) in which typhus exists or is suspected to exist.Every owner or occupier or manager or person in charge of any premises within the Borough and every employer of Native or coloured persons or Asiatics shall restrict the movements of or detain such persons and their families on his premises or in his employ in such manner as the Mayor or Medical Officer of Health, Sanitary Inspector, or any officer of police or other duly authorised officer may direct.[R. 69 previously r. 99 inserted by PN 138 of 1918 and renumbered by r. (ix) of PN 285 of 1954.]70.
(a)Whenever the Medical Officer of Health is of opinion that it is necessary to do so for the purposes of safeguarding the public health and the personal safety of the in habitants, or with a view to avoiding an outbreak or spread of any infectious or contagious disease or of any formidable epidemic disease enumerated or proclaimed as such under Section 37 of the Public Health Act, No. 36 of 1919, he may, by written notice directed to and served upon the owner or the occupier or both, order that any premises ordinarily used or intended to be used for ally public entertainment, public meeting or any other gathering of people shall not be used for any such purpose within a period not exceeding seven (7) days, which period shall be defined by the said order.For the purpose of this By-law, the words “Occupier,” “Owner” and “Premises” shall have the meanings assigned to them in Section 159 of the said Act.(b)On the advice of the Medical Officer of Health, the City Council may by resolution from time to time extend or re-impose any such prohibition, provided that no such prohibition may be so extended or re-imposed for a longer period than fourteen (14) days by anyone such resolution. Notice of any such extension or re-imposition shall be directed to and served upon the owner or occupier or both, as provided for in Sub-section (a) hereof.(c)Any person who contravenes any prohibition made by the Medical Officer of Health under Sub-section (a) or any extension or re-imposition thereof by the City Council under Sub-section (b), after written notice thereof has been given to him, shall be guilty of an offence.[Para. (c) amended by r. (iii) of PN 340 of 1966.][R. 70 previously r. 100(bis) inserted by PN 1 of 1945 and renumbered by r. (xi) of PN 285 of 1954.]Relating to hairdressers’ and barbers’ establishments
[Relating to Hairdressers’ and Barber’s Establishments inserted by PN 95 of 1912.]71.
Every person who shall conduct or carry on or assist in conducting or carrying on the business of a hairdresser or barber shall, in the conducting or carrying on of such business, comply with the following Regulations, that is to say—(a)Every shelf, fitting and table on which any haircutting, hairdressing or shaving instrument or implement shall be placed, shall be of glass, marble, slate, enamel or similar material;(b)All combs, razors, scissors, clippers, brushes, shaving brushes or other instruments, appliances or implements after being used on any person shall be sterilised by being immersed in boiling water or by being placed for at least five minutes in a disinfecting solution;(c)Razors when used for shaving any person shall be wiped of lather on clean paper or other clean material of a similar nature;(d)No cake, stick or tablet soap shall be used in shaving or shampooing any person, but liquid or powder soap or shaving cream may be used;(e)No alum or other astringent shall be used as a styptic on any person in stick or block form;(f)No sponge or general powder puff shall be used on any person, but a liquid or powder may be applied by spray or by use of a·clean piece of cotton wool for each customer.;(g)A clean towel shall be used for each and every person attended to, and a towel once used shall not be again used on another person until it has been washed.(h)All hair falling on the floor shall be immediately swept up and removed;(i)No person or customer suffering from any cutaneous disease shall be attended to, shaved or have his hair cut in any general room, but any such person or customer may be attended to in any private room;(j)All hairdressers’ or barbers’ shops or premises shall be kept at all times in a good state of cleanliness and ventilation, and every implement, appliance, instrument, overall or other article used in such business hall be kept clean;(k)Every hairdresser or barber shall, after attending to a customer, wash his hands before attending to a subsequent customer;(l)Every hairdresser and barber shall, when cutting, washing, or dressing the hair of or shaving any, person or customer, wear a clean overall garment of cotton, linen, or other similar material;(m)A copy of these Regulations shall be conspicuously displayed in, every hairdresser’s and barber’s shop,Any person conducting or carrying on or assisting in conducting or carrying on the business of a hairdresser or barber who shall fail to carry out any of the aforesaid Regulations shall be deemed to have contravened this By-Law.[R. 71 previously r. 93 renumbered by r. (viii) of PN 285 of 1954.]72. Keeping of Animals.
No person shall use or permit to be used any premises or any stable, kraal, shed, sty, kennel or other enclosure thereon for—(i)the keeping of bovines, horses, mules, donkeys, goats, sheep or pigs; or(ii)the accommodation for reward of dogs or cats which are the property of some other person;except under and in terms of the authority of a permit issued by the Medical Officer of Health.[R. 72 previously r. 101 renumbered by r. (xii) of PN 285 of 1954 and substituted by para. (a) of PN 447 of 1974.]73.
Application for a permit shall be made to the Medical Officer of Health in the form presented in Schedule “A” hereto, and every applicant, when so required by the Medical Officer of Health, shall lodge with his application the following—(i)A locality plan, drawn to a scale of not less than 1:1 000, showing all roads and dwellings within a radius of 90 m from the premises in respect of which a permit is sought.[Sub-para. (i) amended by r. 12 (i) of PN 139 of 1971.](ii)Plans and sections to a scale of at least 1:1 000 of the buildings erected and to be used or proposed to be erected and used for the purposes for which the permit is sought.[Sub-para. (ii) amended by r. 12 (i) of PN 139 of 1971.](iii)Particulars with any necessary explanatory drawings of the means proposed to be adopted for the disposal of and to prevent nuisance arising from—(a)fluids and liquid waste matters discharged from the premises;(b)solid waste matters.(iv)Particulars of—(a)the materials used or to be used in the construction of and the dimensions of the Native quarters (including sleeping, living, mess and change rooms, kitchens, bath or wash rooms and latrines and the like) proposed to be used;(b)the nature of the proposed water supply and the situation of the proposed points of distribution;(c)the type of sanitation proposed and the number of seats to be provided.(v)Particulars of the total area of the land to be used in connection with the animals in respect of which the permit is sought, the portion or portions to be used as paddocks and the number of bovines, horses, mules, donkeys, goats, sheep, pigs, or dogs be kept.[R. 73 previously r. 102 renumbered by r. (xii) of PN 285 of 1954.]74.
(a)The Medical Officer of Health shall not issue any permit authorising the keeping of pigs upon any premises situate outside of the area described in Schedule B.(b)Except in the case of premises so used prior to 1951, the Medical Officer of Health shall not issue a permit for the keeping of bovines, horses, donkeys or mules for trading purposes or in connection with any business in respect of premises having an area of less than 0,8 ha.[Para. (b) amended by r. 13 of PN 139 of 1971 and substituted by para. (b) of PN 447 of 1974.](c)Save as above provided, the Medical Officer of Health shall issue a permit, subject to such conditions, limitations or restrictions as he may deem necessary, if he is of opinion that the premises proposed to be used are fit for the purpose proposed and that if the situation and construction of the premises is such that if a permit were issued in respect thereof a nuisance or a danger to health would not be likely to arise therefrom.[R. 74 previously r. 103 renumbered by r. (xii) of PN 285 of 1954.]75.
Every permit issued by the Medical Officer of Health shall be in the form prescribed in Schedule “C” hereof, and shall be valid only for the period stated thereon and shall be subject to any conditions, restrictions or limitations or restrictions contained therein.[R. 75 previously r. 104 renumbered by r. (xii) of PN 285 of 1954.]76.
Every permit issued by the Medical Officer of Health shall be deemed to contain the conditions that the person to whom it is issued shall—(a)provide, maintain and use in connection with the premises to which the permit relates—(i)a pure, sufficient and convenient water supply; and(ii)means, approved by the Medical Officer of Health, for the temporary storage, if necessary, of liquid waste and manure pending the final disposal thereof and means similarly approved for the disposal of stormwater, liquid wastes and manure; and(iii)a rodent-proof and fly-proof feed store; and(iv)washing and sanitary accommodation, approved by the Medical Officer of Health, for all persons employed on the premises;(b)maintain all buildings, drains, drainage connections and other appurtenances of the premises in good repair and condition and in the case of any building, kraal, sty or kennel or any hardened surface—(i)cause the floors thereof to be cleaned and thoroughly washed daily; and(ii)cause all manure to be removed therefrom at least once daily and to be so treated in accordance with any directions the Medical Officer of Health may give to avoid the creation of a nuisance or a danger to health; and(iii)cause the inner surface of all walls to be thoroughly cleansed and limewashed at least once in three months and whenever the Medical Officer of Health so directs;(c)not make any structural alterations to the premises to which the permit relates without the approval in writing of the Medical Officer of Health.[R. 76 previously r. 105 renumbered by r. (xii) of PN 285 of 1954.]77.
No person to whom a permit has been issued shall use any padlock or the like for the exercising of any animal in respect of which the permit has been issued (except racehorses) unless such paddock or the like has been fenced, paved and drained to the satisfaction of the Medical Officer of Health, so as not to give rise to any nuisance, and has been surrounded by a curb of not less than 300 mm in height and inverted at the top so as to prevent the escape of fly larvae; provided that in any case in which the Medical Officer of Health is of opinion that the soil is sufficiently absorbent he may by endorsement on the permit exempt the holder thereof from this By-law or any part of it.[R. 77 previously r. 106 renumbered by r. (xii) of PN 285 of 1954 and amended by r. 14 of PN 139 of 1971.]78.
The Medical Officer of Health or any officer thereto deputed by him may, at any reasonable time, inspect and examine any premises upon which any animals referred to in By-law No. 72 are kept, whether or not a permit has been issued in respect thereof, and no person shall—(i)without lawful reason fail or refuse to give access to any such officer if he requests entrance to or upon any premises;(ii)without lawful reason fail or refuse to give any information lawfully required by such officer;(iii)obstruct or hinder such officer in the execution of any of his duties or the exercise of any of his powers under these By-laws.[R. 78 previously r. 107 amended by r. (ii) of PN 285 of 1954 and renumbered by r. (xii) of PN 285 of 1954.]79.
These By-laws shall be additional to and not in substitution of the requirements of the Building By-laws.[R. 79 previously r. 108 renumbered by r. (xii) of PN 285 of 1954.]80.
- Entire By-law
- Preface
- 1. Prohibited trades, etc.
- Section 1bis.
- Section 1ter.
- Section 2.
- 2A. Nondiscrimination.
- 3. Maintenance of Cleanliness.
- Section 3bis.
- 4. House, bedding, clothing, etc., to be purified on notice from Health Officer.
- 5. Keeping animals so as to be a nuisance.
- Section 5bis.
- 6. Stables.
- 7. Mosquitoes, flies, rats, etc.
- 8. Removal of weeds, undergrowth, etc.
- Section 8bis.
- 9. Smoke from furnaces, chimneys, etc.
- 10. Nuisance arising from defective premises.
- 11. Water from roof of premises, how to be conveyed away.
- Section 12.
- 13. Removal of Refuse.
- Section 14.
- Section 15.
- Section 15bis.
- Section 15ter.
- Section 15quat.
- Section 15quin.
- Section 15sext.
- Section 15sept.
- Section 16.
- Section 17.
- 18. Place of Slaughter.
- 19. Introduction of Meat.
- 20. Inspected Meat.
- 21. Provisions for preventing overcrowding.
- 21bis. Overcrowding, etc., in Flats in Ocean Beach Area.
- 22. 8,5m3 to be allowed for each person.
- 23. Floors, Light and Ventilation of Houses.
- 24. Windows.
- 25. Ventilation.
- 25A. Sleeping Rooms.
- 26. Privies.
- 27. Repair.
- 28. Night soil buckets.
- 29. Cesspools.
- 30. Notices to owners.
- 31. If any person—
- 32. Handling of goods likely to cause infection may be stopped.
- 33. Children suffering from infectious diseases restricted as regards attending school.
- 34. Contravention by teacher.
- 35. Person suffering from infectious disease may be removed under order signed by Mayor.
- 36. Plague and Smallpox, special powers.
- 37. Unburied bodies.
- 38. Persons dying from infectious disease.
- 39. Regulations as to disposal of body.
- 40. Disinfection of clothing.
- 41. Laundry-keepers to furnish names of customers.
- 42. Books exposed to infection - lending libraries.
- 43. Vehicles.
- 44. Disinfection of vehicles.
- 45. Transportation of body through Borough.
- 46. Driver or owner of vehicle to be notified.
- 47. Swimming and other Pools.
- 48. Harbouring Plague or Smallpox patient.
- 49. Compensation for goods destroyed.
- 50. Duties of dairymen.
- 51. Demolition of premises.
- 52. Compulsory disinfection or decontamination.
- Section 53.
- 54. Destruction of bedding, etc.
- 55. Notice to purify premises.
- 56. Entry on premises by Health Officer.
- 57. Knowingly letting infected house.
- 58. Neglecting to disinfect rooms.
- 59. Entry by Health Officer on suspected premises.
- 60. House may be closed if likely to be a source of danger.
- 61. Regulations for persons dealing in grain, produce, etc.
- 62. Duties of employers of coloured labour in time of plague.
- 63. Mayor may declare a quarantine area.
- Section 64.
- Section 65.
- Section 66.
- Section 67.
- Section 68.
- Section 69.
- Section 70.
- Section 71.
- 72. Keeping of Animals.
- Section 73.
- Section 74.
- Section 75.
- Section 76.
- Section 77.
- Section 78.
- Section 79.
- Section 80.
History of this By-law
-
28 December 1911 this version
Published in KwaZulu-Natal Provincial Gazette no. 93 -
27 December 1911
By-law commences.
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