Bishop's Oakland directory for 1874, Part 35

Author: D.M. Bishop & Co
Publication date: 1874
Publisher: Oakland : B.C. Vandall
Number of Pages: 412


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SEC. 17. Any person may procure a license to use a vehicle for three months or less, upon payment of one half the annual rates.


SEC. 18. All licences shall be considered due and collectable as soon as any person engages in, or enters upon, or commences any of the trades, business, or employments mentioned in section nine of this ordinance, and at the commencement of the several terms for which licenses are to be issued by the provisions of this ordinance .- [Amendment, August 14, 1871.]


PAGE & JORDAN, Collections made, 462 Tenth St. near Broadway, Oakland


Fire Insurance Policies issued immediately upon application, by BABER & ROFF, Agents, Oakland.


E. W. WOODWARD, 952 Eroadway; Loans negotiated.


364


OAKLAND DIRECTORY.


SEC. 19. A license as owner of a hackney carriage shall not entitle the holder thereof to act as driver ; but such holder may take out in his own name a license to act as driver, which shall be unassignable.


SEC. 20. Every license for a vehicle shall state the number of the vehicle for which it shall be issued, and the kind thereof, which number and vehicle shall be registered by the License Collector in a book prepared for that purpose.


SEC. 21. In all cases where the rate of license depends upon the receipts or profits upon the amount of business done, or upon any other matter peculiarly within the knowledge of the appli- cant for license, such applicant may be examined in regard to such matters, and may be required to subscribe to a sworn state- ment or affidavit that he has, to the best of his knowledge and belief, truly answered all questions touching the amount for which he applies or is liable. And if any person applying for a license shall make any false statement in regard to his business, with intent thereby to procure a license at less rates than those provided in this ordinance, he shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punished as pro- vided by this ordinance.


SEC. 22. The conviction and punishment of any person for transacting any business without a license, shall not excuse or exempt such person from the payment of any license under the provisions of this ordinance due and unpaid at the time of such conviction.


SEC. 23. The Collector of Licenses shall keep a public office in the City Hall, with suitable books, stationery, and blanks, which shall be furnished by authority of the City Council.


SEC. 24. It shall be the especial duty of the License Collector to attend to all collections or licenses, and to examine all places of business, and persons liable to pay licenses, and to see that such licenses are taken out, and that no other business than that described in the license is carried on or transacted. He shall number, sign, and keep a record of all municipal licenses. He shall also keep a record of the names, occupations, and places of business of all persons to whom he shall issue licenses, and the amount of licenses, and the amount of license paid, and the date of issuing and expiration thereof, in which record the names shall be arranged in alphabetical order, and he shall at the end of each quarter render to the City Council a report of all the li- censes issued and collected by him, the amount of money re- ceived, which report shall be under oath of the License Col- lector that the same is true and correct, and at the end of each quarter pay over to the City Treasurer the gross amount of the licenses collected for the quarter then last past; and said License Collector is hereby authorized to procure the necessary books, blanks, and stationery at the expense of the city, which are re- quired in complying with the provisions of this ordinance. And the Mayor shall provide a book at the expense of the city, in which he shall keep an account of the license countersigned by


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PUBLIC HEALTHI. 365


him, containing the number, date, business, name, and amount of license; and when said licenses are countersigned by him and delivered to the License Collector, he shall take his receipt there- for, and the License Collector shall be chargeable therefor. The Mayor shall be entitled to the sum of fifty cents for each and every license countersigned by him, and the License Collector shall be entitled to the sum of fifty cents for each and every li- cense signed, issued, and collected by him.


SEC. 25. If any person, firm, or corporation, who is required to pay for and take a license by the provisions of this ordinance, shall fail, neglect, or refuse to do so, it shall be the duty of the City Attorney to prosecute the person or persons so offending and violating the provisions of the same, by instituting a criminal action against the persons so offending, and, if in his judgment the same is necessary to enforce the collection of the license, to institute a civil suit against all persons neglecting or refusing to pay said licenses, in the name of the City of Oakland as plaint- iff, to recover the license money which may be due by the pro- visions of this ordinance; and in such a case the License Col- lector may make the necessary affidavits, and an attachment may issue as in other cases; and in case of recovery by the plaintiff, the plaintiff shall recover costs .- [ Amendment, August 14, 1871.]


PUBLIC HEALTH.


AN ORDINANCE CONCERNING PUBLIC HEALTH, APPROVED JULY 31, 1868; AND THE AMENDMENTS THERETO, APPROVED DECEMBER 24, 1868, AND MAY 16 AND 30, 1870.


The Council of the City of Oakland do ordain as follows:


SECTION 1. There shall be elected by the Council of the City of Oakland, at their first meeting in the month of June, 1870, and regularly at their first meeting in the month of June in every second year thereafter, a Board of Health, consisting of three members and a Health Officer, all of whom shall be practicing physicians of this city, and regular graduates of some respect- able medical college; but the Council hereby retain the power to declare vacant the office of any elected member of the Board on good and sufficient cause being shown .- [Amendment, May 24, 1870.]


- A special election shall be held by the Council to fill any vacancy or vacancies that may occur in the interval between the regular elections .- [Ordinance, May 24, 1870, Sec. 2. ]


- The Mayor and Health Officer shall be ex officio members of the Board of Health .- [ Ordinance, May 24, 1870, Sec. 3.]


-- The Mayor shall act as chairman of said Board, and in case the Mayor, from any cause, shall be unable to attend to the dis- charge of his duties as chairman of the Board, the Board may choose any other member of said Board as chairman thereof, and the member so chosen shall possess the powers and perform the


PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland.


For information concerning, or rates of, Fire Insurance, apply or write to BABER & ROFF, Agents, Oakland.


E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.


366


OAKLAND DIRECTORY.


duties of the Mayor in that respect .- [ Ordinance, May 24, 1870, Sec. 4.1


- The regular meetings of the Board shall be held once in three months, upon the call of the Health Officer, who shall also be empowered to call the members of the Board together when in his opinion an emergency requires it .- [ Ordinance, May 24, 1870, Sec. 5.]


SEC. 2. The Board of Health shall have power, whenever in their judgment public health shall require it :


First-To require the removal of all persons landed into the city from any vessel or railroad, or in the vicinity of the city.


Second-To direct the cleansing and fumigation of any vessel or its cargo, within the limits of the city, and the destruction of any bedding, clothing, or portion of a cargo, that they may deem infected and likely to spread disease.


Third-To give such directions and adopt such measures as in their judgment may be necessary for cleansing and purifying any building or premises, and to cause to be done, in relation there- to, everything which, in their opinion, may be proper to preserve the health of the city.


Fourth-To prevent the spreading of contagious disease, by for- bidding all communication with a house, vessel, or person infect- ed with such a disease, except such as they may deem necessary for any purpose ; and by causing to be removed to a place pro- vided therefor, any indigent person who shall be homeless, and infected with such a disease; and by doing, and causing to be done, any other act that they may deem necessary to effect such object.


Fifth-To provide (with the consent of the Council) a suitable hospital building, and furnish the same with such physicians, nurses, attendants, and supplies as they may deem necessary or advisable.


Sixth-To abate in a summary manner any nuisance which they may deem prejudicial to the health of the community; and in any case of apparent emergency, when prompt sanitary meas- ures may be deemed necessary by said Board, and the orders of said Board appear to be disregarded, then said Board shall have power to enforce said orders by calling into requisition the aid of the police of the city.


- * To district the city for purposes of vaccination and gen- eral health, and assign to each district a physician, whose duty it shall be to immediately visit every house and residence in his district, and to vaccinate every person who cannot show satis- factory evidence of recent successful vaccination, and to visit every school in his district, and by a careful examination of every pupil in such school, to learn if each and every one of such


* The Health Districts are as follows : First-Embraces all west of Adeline Street. Second-Embraces all south of Seventh Street, east of Adeline Street, and all west of Oak Street, south of Twelfth Street. Third-Embraces all between Seventh and Twelfth streets, Oak and Adeline streets. Fourth-Embraces all north of Twelfth Street, and east of Broadway to city limits. Fifth-Embraces all north of Twelfth Street, between Broadway and Adeline streets, to city limits.


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Maps copied, Views of Buildings made to order, by HOUSEWORTH, 9 and 12 Montgomery Street, S. F.


ÆTNA INS. CO. has Cash Capital of $3.000.000: Cash Assets over $6,000,000.


PUBLIC HEALTH.


367


pupils have been recently vaccinated; and if it be found that any such pupil has not been vaccinated, to immediately vaccinate such pupil. Every adult person who shall fail to produce the evi- dence above required of vaccination, and shall refuse to be imme- diately vaccinated; and every parent or guardian who shall pre- vent or obstruct the examination and vaccination of any pupil or child, as heretofore required, shall be deemed guilty of misde- meanor, and upon conviction, shall be fined not less than ten or more than one hundred dollars, or be imprisoned one day for every two dollars of such fine .- [Ordinance, December 24, 1868, Sec. 1.]


SEC. 3. The expense incurred in carrying out the provisions of section two of this ordinance, shall be paid by the persons and property removed, or by the property subjected to sanitary regulations in other respects, or by the city, as in the judgment of the Board of Health may in each case be deemed just.


SEC. 4. It shall be the duty of each physician in this city to report to the Board of Health, in writing, every patient he shall have laboring under the small-pox, or any other contagious or infectious disease or epidemic, within twelve hours after he shall be satisfied of the nature of the disease, and to report to the same Board every case of death from such disease as soon as possible; in no case to exceed twenty-four hours after the occur- rence of death.


- It shall be the duty of every district physician to watch the general health and cleanliness of his district, and to report the same, weekly, to the Board of Health .- [ Ordinance, December 24, 1868, Sec. 1.]


- It shall be the duty of every attending physician, while at- tending upon any sick person suffering from any injury, com- plaint, or disease, to ascertain, if possible, their age, when and where born, previous residence, whether single or married, oc- cupation, and cause of death; to report the same immediately to the Health Officer of the City of Oakland, with time of death and cause of death, which report shall be signed by such attend- ing physician .- [ Ordinance, December 24, 1868, Sec. 2.]


SEC. 5. It shall be the duty of every person who is a house- keeper, keeper of a boarding-house or lodging-house of this city, to report to the Board of Health, immediately after the discovery of the presence of any eruptive disease, the name of every person living, boarding, or lodging at his or her house, whom he or she shall have reason to believe to be sick with such disease; and every master, or owner, or consignee of a vessel lying at a wharf, or in any creek, or anywhere in the harbor, within the city, shall make a like report, and within the time specified.


SEC. 6. It shall be optional with any housekeeper, keeper of a boarding-house or lodging-house, to retain within his or her premises any persons having the small-pox, duly providing them with a physician, nurses, and supplies: provided, that in that case said housekeeper, keeper of a boarding-house, or lodging- house, shall immediately after the knowledge of the presence of


PAGE & JORDAN, Loans negotiated, 462 Tenth St. near Broadway, Oakland.


For Fire Insurance in strong Companies, apply to BABER & ROFF, Agents, Broadway and Tenth, Oakland.


E. W. WOODWARD, 952 Broadway ; Bargains in Oakland Property.


368


OAKLAND DIRECTORY.


the disease place or cause to be placed in a conspicuous place in front of the building containing such patient, a yellow flag, not less than eighteen inches long and twelve inches wide, and fully spread open to public view.


SEC. 7. No person shall knowingly transport or convey, or cause to be transported or conveyed, within the limits of this city, in any hack, carriage, railroad car, or steamboat, or other vehi- cle or public conveyance, any person affected with small-pox, or the body of any person who may have died of small-pox, except by written permission from the Health Officer .- [ Amendment, May 30,1870.]


- Every person who shall rent any house or building, or land, knowing that the same is to be used and occupied by any person or persons affected with any contagious disease, or any person affected with a contagious disease, to come into and remain in any house occupied or controlled by him or her, except such person be a member of the family, shall be deemed guilty of misde- meanor, and upon conviction shall be fined not less than fifty nor more than one hundred dollars, or be imprisoned one day for every two dollars of such fine. Every day such person so af- fected is allowed to remain in any such house or building, or land, shall be deemed a new offense. And it shall be the duty of every officer of this municipal government to immediately re- port to the City Attorney, every violation of this ordinance that comes to his knowledge, and every violation of " An ordinance concerning the Public Health," approved July 31, 1868, and it shall be the duty of the City Attorney to immediately prosecute every such violation. The same fees shall be allowed for vacci- nation as provided in section ten of said ordinance .- [Ordinance, December 24, 1868, Sec. 3.]


- Every sexton, undertaker, superintendent of a cemetery or burial place or ground, or other persons who shall inter or cause to be interred any human body, or who shall remove or cause to be removed from the City of Oakland any human body, without first having obtained a permit in writing for the same from the Health Officer, or who, having interred or caused to be interred any human body under said permit, shall neglect to report on or before the succeeding Saturday the place of interment, num- ber of lot or grave to the Health Officer, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in this ordinance .- [ Ordinance, May 16, 1870, Sec. 3.]


- In each and every case of death within the corporation limits of the City of Oakland, reported to or coming to the knowledge of the Health Officer, where there shall be any suspicious cir- cumstances relating to or connected with such death, he shall cause to be had a post-mortem examination of such person, before being permitted to be buried; at which post-mortem examination it shall be the duty of one or more of the physicians composing the Board of Health of said city to be present and assist in said post-mortem examination .- [Ordinance, May 16, 1870, Sec. 4.]


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PUBLIC HEALTH. 369


- No person attending upon or otherwise coming in contact with any person affected with small-pox in such manner or to such an extent as to render him or her liable to communicate the disease shall go upon any public street, or in any way mingle with people not affected with the disease: provided, that nothing . contained in this section shall be so construed as to apply to physicians, or annul any existing health regulation or order .- [ Ordinance, May 30, 1870, Sec. 7.]


SEC. 8. [Repealed-Ordinance, May 30, 1870, Sec. 9.]


SEC. 9. The Health Officer shall visit and examine all cases of small-pox that may be brought to his notice, and shall report to the Board of Health thereupon in writing.


SEC. 10. The Health Officer shall keep an office and shall keep the same open for gratituous vaccination during certain hours of certain days, of which he shall give public notice by advertisment from time to time in two daily newspapers. He shall give his personal attention and services to the work of gra- tituous vaccination, selecting and preserving the vaccine virus with his utmost care and skill. He shall keep a correct list of such persons as receive gratuitous vaccination, and shall be al- lowed not more than fifty cents for each such gratuitous vacci- nation, to be paid out of the city treasury .- [ Amendment, May 30, 1870, Sec. 8.]


- It shall be the duty of the Health Officer to keep a record of all deaths occurring within the City of Oakland, in books duly prepared for that purpose, which shall be deposited when filled, and duly preserved in the office of the City Clerk, for public in- spection. Said record shall contain, as nearly as possible, the names of all persons who shall die in said city, the date of their death, when born, their age, previous residence, single or mar- ried, their sex, color, occupation, cause of death, the name of the attending physician, in what cemetery or burial ground in- terred, date of burial, and such other remarks as said Health Officer shall see fit to make; and it shall be his duty to make and deliver to any person requesting the same, a certificate of such record in detail, signed by him officially, for which certificate he shall be entitled to demand and receive from the person request- ing the same, as compensation for the services of said Health Officer for making such certificate, the sum of two dollars .- [Or- dinance, May 16, 1870, Sec. 1.]


SEC. 11. [Repealed-Ordinance, May 30, 1870, Sec. 8.]


SEC. 12. [Repealed-Ordinance, May 30, 1870, Sec. 8.]


SEC. 13. Every person having been vaccinated by the Health Officer, shall present himself or herself to said officer for exam- ination or revaccination, on the sixth day after being vacci- nated.


- Any person who shall violate any of the provisions of this ordinance, or any person who shall neglect or refuse to obey any order or regulation of the Board of Health made in the exercise of the power conferred by law, shall be deemed guilty of mis- demeanor, and upon conviction thereof shall be punished by


PAGE & JORDAN, Real Estate, 462 Tenth Street near Broadway, Oakland. 24


Phoenix Insurance Co. (Fire) of Hartford, BABER & ROFF, Agents, Broadway and Tenth, Oakland.


E. W. WOODWARD, 952 Broadway, Real Estate Agent and Collector.


370


OAKLAND DIRECTORY.


fine of not more than one hundred dollars, and in default of payment thereof, by imprisonment in the city jail one day for every two dollars of such fine .- [ Ordinance, May 16, 1870, Sec. 5.]


HEALTH OFFICER.


AN ORDINANCE IN RELATION TO THE POWERS AND DUTIES OF THE HEALTH OFFICER AND BOARD OF HEALTH OF THE CITY OF OAK- LAND, APPROVED APRIL 21, 1873.


The Council of the City of Oakland do ordain as follows :


SECTION 1. All nuisances in the first instance shall be reported to the Health Officer of the City of Oakland in writing, stating the precise locality of the same and what it consists of, who and what causes the same, and the Health Officer shall Jay the same before the Board of Health at the next meeting of the said Board, who shall investigate the same, the effect upon the public health, and if in the judgment of said Board the same is deleterious to the public health and ought to be suppressed and abated as a sani- tary measure, they shall make an order such as in the judgment of said Board will best conduce to the general health and wel- fare and cleanliness of the city in relation to the nuisance re- ported : provided, however, that such order does not conflict with any law or ordinance pertaining to the rights of property.


SEC. 2. It shall be the duty of all policemen to serve all or- ders of the Board of Health (which order shall be served by copy) and a return of service upon the original, which shall be filed with the Board of Health.


SEC. 3. If any nuisance is not abated or regulated in accord- ance with the order of the Board of Health within three days after the service of such order as aforesaid, it shall be the duty of the Health Officer to enter a complaint before the Police Court against all persons creating, causing, and maintaining such nui- sance.


SEC. 4. All ordinances and parts of ordinances in conflict with this ordinance, so far as they conflict therewith, are hereby re- pealed.


SEC. 5. This ordinance shall take effect and be in full force on and after its approval.


NUISANCES.


AN ORDINANCE CONCERNING NUISANCES IN THE CITY OF OAKLAND, APPROVED OCTOBER 7, 1872.


The Council of the City of Oakland do ordain as follows :


SECTION 1. From and after the approval of this ordinance, it shall be unlawful for any person or persons to keep cows, horses,


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NUISANCES.


371


cattle, goats, swine, or other animal or animals within the city of Oakland in a way and manner that will produce a public nui- sance, or in any manner which shall or may affect the healthı or peace and quietude of any person or persons; but all stables, yards, pens, or places where such animals shall be kept, stabled, or yarded, shall be kept clean by the owner or possessor thereof and in a manner which shall be approved by the Health Officer or Board of Health of said city.


SEC. 2. Any person or persons who shall violate any of the provisions of this ordinance shall be deemed guilty of a misde- meanor, and on conviction thereof shall be fined in the sum of twenty-five dollars, and in default of payment thereof shall be imprisoned in the City Prison one day for every two dollars of such fine.


SEC. 3. Any person making complaint that a public nuisance exists under this ordinance and is being maintained and con- tinued, shall obtain the certificate of the Health Officer or the Board of Health of said city that a public nuisance exists under this ordinance, which certificate shall state at what particular point in said city the same is located, who and what causes the nuisance, and that the said Health Officer or Board of Health has given the party or parties causing and maintaining the same three days' verbal notice to abate said nuisance and comply with the provisions of this ordinance, and that said notice has not been complied with. Then and in that case a violation of this ordinance shall be deemed to have accrued, and a complaint may then be made by any person or persons aggrieved and affected by said nuisance, in the proper Court, and a certificate of the said Health Officer or Board of Health shall be attached thereto and form a part thereof.


SEC. 4. It shall be the duty of the Health Officer or Board of Health of said city, at the request of any party or person, to ex- amine all yards, stables, pens, or other places where cows, horses, cattle, goats, swine, or other animals are kept in said city, and if in his or their judgment a public nuisance exists, shall immediately verbally notify the person or persons so caus- ing said nuisance to forthwith abate the same and comply with the provisions of this ordinance; and if the same is not so abated within three days thereafter, the said Health Officer or Board of Health shall make the required certificate named in this ordi- nance to the person so requesting such examination and certificate; and said Health Officer or Board of Health shall be entitled to a fee of three dollars for such examination and certificate made and delivered under this ordinance, to be paid out of the fines collected and paid for violating the same.




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