references-Charges for rescue or ambulance calls, § 2-2; rabies
vaccination for animals, § 4-4; garbage and trash, Ch. 10; littering
prohibited, § 14-43; report of violent injury to police, § 14-162; nuisances,
Ch. 17; sewers and sewage disposal, § 26-56 et seq.
reference-Power of city to enact health regulations, R.R.S. 1943, 16-240.
||In General, §§ 11-1--11-15
||Health Division, §§ 11-16--11-30
||Public Swimming Pools, §§ 11-31--11-49
|| Div. 1. Generally, §§ 11-31--11-45
|| Div. 2. Operating Permit, §§ 11-46--11-49
ARTICLE I. IN GENERAL
Sec. 11-1. Board of health.
There is hereby created a board
of health which shall have the composition and functions required by Reissue Revised
Statutes of Nebraska, 1943, section 16-238.
The board of health shall keep a record of all of its transactions,
which records shall be filed with the clerk and made a public record of the
city to be accessible to the public for inspection in the office of the clerk
during the hours said office is open.
Source: Code 1962, § 2-1-2
State law reference-Board
of health required, R.R.S. 1943, § 16-238.
Sec. 11-2. Contagious disease control.
In every case of a contagious
infectious disease, it shall be the duty of the attending physician, and the
head of the family in which such diseases exists, to keep the house purified by
disinfectants and to take all reasonable precautions and to exercise such
care as may be necessary to prevent the carrying or spreading of such
disease. In case of the neglect or
failure of compliance with the provisions of this section, the physician shall
cause the disinfection of such house in such manner as to prevent danger
Source: Code 1962, §§ 2-1-3--2-1-5
ARTICLE II. HEALTH DIVISION*
reference-Local health departments, R.R.S. 1943, 71-1626 et seq.
The health division may charge
fees for laboratory services and such other services as it may render. A schedule of fees shall be kept on file at
the clerk's office.
Source: Code 1962, § 3-4-6
ARTICLE III. PUBLIC
reference-Swimming pools, R.R.S. 1943, 71-4301 et seq.
DIVISION 1. GENERALLY
Sec. 11-31. Definitions.
As used in this article the
term "swimming pool" shall mean any artificial basin of water which
has been wholly designed, modified, improved, constructed or installed solely
for the purpose of public swimming.
This definition shall not apply to pools at private residences intended
for the use of the owner and guests and without charge for such use. Class A pools shall consist of pools
operated by the city. Class B pools
shall consist of pools operated by entities such as hotels, motels, apartment
houses and YMCA's which serve as adjuncts or additional services to the main
Source: Code 1962, § 5-22-1
The health division shall
conduct such inspections as it deems necessary to insure compliance with all
provisions of this article and of Article 43 of Chapter 71 of the Reissue
Revised Statutes of Nebraska, 1943, as now or hereafter amended, and rules and
regulations promulgated thereunder. The
health division shall have the right of entry at any reasonable time to the
swimming pool and accompanying facilities for this purpose.
Source: Code 1962, § 5-22-5
Sec. 11-33. Closing.
If and when the duly authorized
representative of the health division upon inspection and investigation of a
swimming pool considers that the conditions are such to warrant prompt closing
of such swimming pool until the provisions of Article 43 of Chapter 71 of the
Reissue Revised Statutes of Nebraska, 1943, as now or hereafter amended, or of
the rules and regulations promulgated thereunder are complied with, the department
shall notify the owner and operator of the swimming pool in writing to prohibit
any person from using the swimming pool.
Source: Code 1962, § 5-22-4
2. OPERATING PERMIT
Sec. 11-46. Generally.
No person shall operate or
maintain a swimming pool unless he has applied for and obtained a permit to
operate such pool from the health division.
The permit shall be valid for one year thereafter unless otherwise
suspended or revoked for cause, and must be renewed annually. The permit shall be conspicuously posted on
the pool premises.
Source: Code 1962, §
The annual fee for the permit
required by the provisions of this division shall be as set forth in
Section 2-5 of this Code for
all Class B pools. All fees are payable
to the clerk and no fees will be refunded.
No fee shall be required for a permit on any pool owned or operated by
Source: Code 1962, § 5-22-3; Ord. No. 3088, § 10,
9-7-82; Ord. No. 3209, § 12, 5-7-84; Ord. No. 5135, § 8,
Sec. 11-48. Expiration.
All swimming pool permits shall expire on April 30 of
Source: Ord. No. 3088, § 11, 9-7-82
Sec. 11-49. Denial, suspension or revocation.
(a) The health division may deny, suspend, or revoke any permit for
construction or operation of a swimming pool for failure to comply with any of
the provisions of Article 43 of Chapter 71 of the Reissue Revised Statutes of
Nebraska, 1943, as now or hereafter amended, or any of the provisions of the
state rules and regulations adopted thereunder or in cases where the permit has
been obtained through nondisclosure, misrepresentation or deliberate
misstatement of a material fact.
(b) Before a permit is denied, suspended or revoked the applicant or
the person to whom the permit has been issued shall have notice in writing
enumerating instances of failure to comply with such state law or the rules and
regulations or of the nature of the invalidity of his original application for
a permit. If the permit is denied,
suspended, or revoked, he may request a hearing before the council. On the basis of such hearing the council
shall affirm or reverse such action.
(c) The denial, suspension, or revocation of the permit shall
terminate and the permit shall not be issued or reissued, as the case may be,
except upon proper application and upon the presentation of evidence sufficient
to show that the deficiencies and the unsafe or unsanitary conditions requiring
such denial, suspension, or revocation have been corrected.
Source: Code 1962, § 5-22-4