# Transcript of Record — Frank v. Maryland > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386409_0153%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1959 - **Citation:** 359 U.S. 360 ## Text ite ss Be “oe . EME DN: AEE CREE Bt Sh Clerk’s certificate. (omitted in printing) Seat ae Order noting probable jurisdiction sae [fol. 1] In tHE Crimian Court OF BaLTIMorg, | ‘ State or MarytanD _ . ~~ ‘oc >. ~ JOomer Entries _ State or Maryann, vs. , i. 3 € } | Aaron Davin Frank » 9 Appeal Docket 1958. ; January Term. -- “Number 103. 3 March. 6, 1958 ‘Appeal Certificate Sais the-N wihers Dis- trict. of Baltimore City—filed. Traverser tried. and’ found Guilty by Magistrate _ Henry L. Rogers, on March 6th, ‘1958 aiid fined "$20.00: and costs: $1.70. | _ Charge: Violation of Sectign 120 of: Article 12 at Balti- -. © more City, Code in-that a nuisance is suspended ~ ‘at premises. 4335 Reisterstown Road, owned by - Aaron Frank, consisted of rat infestation, undue trash and debris and said Aaron Frank has re- “fused entry to said —— to said bi H. StaTE oF MARYLAND Cee a Aakon Davi Frank Before Judge Reuben Oppenheimer. — oe OE : ‘Pransoripe | of Castine, March 17, 1958— a - Filed June 25, 1958 3 gy aes Counsel Present: _ a--€ Norman Polski, Assistant ‘State’ S Attorney, for ‘the State. Beqyamin Lipsitz, Esq., for the Defendant, Mr, Lipsite? Before we plead, since there is no ‘indict- thent or- any information in this case, I would like to have. the charge read into the record and taken down by the’ Reporter. Will you read the charge, please, Mr. Clerk? The Clerk: In Appeal, #103 of thie docket of 1958, the State charges violation. of Section 120 of Article 12 of the Baltimore City’ Code in that a nuisance is suspected ‘at prémises 4335 Reisterstown Road, owned by Aaron Frank, . consisting of rat infestation, undue trash and debris, and (fol. 9] ‘said. Aaron Frank has refused entry to said prem- ises to said W. H. Gentry—I suppose he i is an inspector of the Health Departmegt——: =” Mr. Lipsitz: I believe‘ so. ; : The Clerk: On the 27th of February, y >. Sit aera Mr. Lipsitz: Before we plead, while I am aware of the | Givner case and while the Court may be reluctant to decide constitutional questions in the, abstract,. I wish to make a motion to dismiss the charge, on constitutional grounds, in open court and I shall file a written motion-to dismiss. The motion goes on the grounds that Section 120 of Article 12 of the Baltimore City Code is repugnant to the 23rd and 26th Articles of the Declaration of Rights of the . —€onstitution of Maryland and is repugnant to the Fourth ° - and Fourteenth Ameéndments-of-the Constitution of the ~ United States in that it deprives the defendant of his right—__. _to be secure from unreasonable~searches and seizures and _. subjects him to such searches and seizures, and, further, _to unlawful tresspasses (sic) on his property and to a wrong- ful taking there of. We have a written:motion that we many filed. .I am giving a copy to the State. “ae —s + rds we “The Court: I shall ‘te ruling until I have heatd the testimony. oe 10] Mr. Lipsita: The plea is nat guilty, court trial. . Thereupon De duced on behalf of the Stag, having been first duly sworn Wititium Howarp at a witness of lawful age, pro- . according to law, was: examined and testified as follows: By the Bailiff: Q. Give the Court your name. A. William Howard Gentry. © Q. And your official position? © A. I am a Sanitarian of the Baltimore City Health De- - partment. Direct examination. ae ; By.Mr. Polski: “ie I direct your uttdation to February 27, 1958. Did you have occasion to go to 4335 Reisterstown Road with reference to an investigation of those premises? A. I did. : ae Q.: Tell the Court what: you noticed = you got there - and, what happened next. The Court: Before you tell me that, ars did you have occasion to go to those premises? [fol. 11] The Witness: On February 26th, we had a com- . , plaint from a neighbor in the 4300 block where the defen- dant lives. She complained of rats in her basement. Mr. Lipsitz: Objected to. I move to strike out what the neighbor said: The Court: I will aiid out the testimony as to what ‘the neighbor said but permit to remain in the fact that there was a complaint from the — as to rats in her - basement. That was the complains? The Witness: « Yes sir. The Court: But strike out what the neighbor said. oe * Then what happened? ¥ . ‘ M——"" / es A. On inspection. of ‘the complainant’s cellar, we found a, that she -had rat proofed her cellar all the way ees e closed all openings in the concrete. : The Court: In the complainant’ s .cellar. The Witness: In the complainant's ‘cellar. Mr. Lipsitz: We object and move to strike. It ‘does: not . seem. relevant, what the neighbor did. he Court: Is this part‘ of the a) eae of the neigh- thot that you made? he Witne&s: Yes sir. [fol. 12] The Court: Motion aes The Witness: In the process of rat proofing the cellar, she trapped a rat ‘in her basement. Mr. Lipsitz: Objected to.. He.hasn’t connected the neigh- bor’s house with this house. ~ The Court: Is this part of the general sea tae a of the neighborhood that you made? The Witness: The complainant inféxmed me they figured the rats were.coming from the corner house. Mr. Lipsitz: Objected to.. We move to strike. The Court: Motion granted. You did receive a com- plaint as to rats in this. immediate neighborhood? ee hae The Witness: Yes sir. oie The Court; As a result of the complaint, did you or not make. an inspection of the houses in the viemity? _ The Witness: Yes sir. “ The Court: Was that part of your official duties? The Witness: Yes sir. Q. One of the -houses you inspected, was ‘that #4335 Reisterstown Road, the house of the defendant? ir . = Yow. \ Q.. What happened when you got to #4985 Reisterstown. _ Road? . - The. Court: That is the house of the defendant, [fol.13} Mr. Polski: Yes sir. .. The Witness? We-first knocked-on.the ie to get i attention of the occupant. After knocking on the door and getting no response, we proceeded to inspect, the outside, of the premises. - ea - —_— 4 . of February? v& Avoutid the area of the f ront poreh, there was consid able _ debris, dirt, and. trash, and openings pgig ra the front porch. : Around the side of the house— ey gira hy, The Court: Are there steps going up * the house? The Witness: Yes sir. I have pictures that were taken. — . Q. Were they. taken while you. were there? * A. They were taken on the-7th of March, after—— The Court; When. did you ‘make the inspection? The Witness: On the 27th of February. A$ Mr. Lipsitz: We object to the pictures. q:: Were you there when the pictures were taken? ee te Se ee Q. You went back on the 7th?.. °: A. Yes sik. : ! ga Q. The pictures taken on the 7th of iii, “do they | ~ [fol. 14]° depict the same condition you saw on the 27th. A. Exactly. i ee | "OFFER IN. Evmence b. “My. Polski: Your Honor, we offer the pictures. -Mr. Lipsitz: Objected to. hen. The Court: Overruled. -d Produce the pictures. | % * (Thereupon; : the witness produced . a group of : ee graphs. | eae Renae oe, iS ts Q. Who took these pictures (indicating) ? A. I took them ‘in, compelty with Mr. Charles Carroll, another sanitarian. - vee Q. Is he in -court today? Ses pact ‘A. He isin court today: z Q. Describe these pictures—— Mr. Lipsitz: Objected to. The Court: The pictures speak for aia Te I think. _ Mr. Lipsitz: How many are there, Mr. Bailiff? — -’The Bailiff: ee are — pictures. » y Viervianiis ‘the pictures just offered in evidence were . passed up. to the Court for its inspection. 4 Gare é The Court: These are all of the front of the. house? (fol: 15] “The Witness: .T the rear of the house. You an see a long view from the alley. mee ae OE ee i a 8 ose are of the front steps and - \S ‘ | *.Q. Going back to vines 27th , what did you see when - you went to the house? What was the condition you saw? | A. The condition of the house was an ‘extreme state of ‘decay. The rear of the porch, the foundation, were coming away. There was a deep pit:wnder the rear porch and an “oil tank. There were concrete: blocks, debris and trash. On a‘ the north- side ‘of the house, there was a cellar opening. Tt had been partially boarded up. | aN . The Court: Is.it a row house? - The Witness: It is. a detached, frame house : completely detached. . The opening in the side. of ‘the cellar where they had tried to board it up was about six by six inches. ~The shutters on ‘the ‘residence were. nailed.. You could see the nails: from the,side. sata In the rear of. the:house, there was a’ pile, later identified -as rodent feces mixed, with straw and trash and debris to approxitnately half. a ton. The appearance of the feces led me to believe it was rodent feces, probably chinchilla. The defendant told me . [fol. 16] he had been raising chinchillas but some children had stolen them. : Q. After finding those conditions on r the outside, wilint’ did. you do? A. While we were inspecting the rear of the ilasiace: the defendant came, around the side. I. did not know his _ name at the time. _ SHe said: “What are you tala on my saduadaig I nid that we were from the Health Department and we are in- ; specting your ,premises’ for rats-and that we had found considerable evidence of recent rodent infestation. I asked the defendant would he permit.us to inspect: his basement area for rats. He. denied us entrance, pf _ I then showed him my identifieation and read him Section _ 6, Article 12 of ine Baltimore City Code and he informed me he had plenty of money and he did not mind paying ’ a fine. Q. What is that section you tiferved tot Fe The Court: Yes, that has to be offered i in evidenee.. ae 3 _OrrEn IN Evipence Mr. Polski: We offer it in evidence. The Witness: Section 6—— : Vs Mr, Polski: “That is not the section he is indicted under [fol..17}° this morning. | He is indicted under Section 120. We offer that. | _ Mr. Lipsitz’: No. hdestion. I will ask the State’s At- ’ tornéy if he will not stipulate to the inclusion: of the — es Article in the record. The Cotrt: Yes, that is by agreement of: liad. ) Mr. Lipsitz: I have drawn up a stipulation, the entire © Article 12 and certain sections of the Charter of Baltimore __.City in order to make the record complete. - The Court: Any objection? aera, & . Mr: Polski: No sir. . “The Court: You may read. the etek: ne Mr. Polski:. The Section he read to the defendant says: “If any person shall knowingly obstruct or resist the Com! | missioner of Health, or any person by him appointed, in ‘the execution of the powers to them given, or in the per- . formance of the duties enjoined on them by this or any -other Ordinance’ in relation to the public health, such per- son shall forfeit and pay a sum not exceeding $200.00:” Q.°Was any mention made at the time of this —— ; 120? .. : . w& Na A Goons oe -Q.- What happened after ihat? ea ; ‘{fol.18]- A..The following day, Webtuary 28th, after’ I ‘had gotten: in touch with the sanitary police, Officer Me- - _ Allister, he suggested that I go out in company with Officer | “ Curlotta and Officer’ Bridénbach and see if we could not gain entranee by arbitration. : a . 8 % , . ° ‘ A ae a ®.. nok we oe, ? . ” z . “. ° “S% ; - . . ~ . . ; . . i _B- % 2 iF . ee er = - = E . ‘ ie Mr. hintin® Objected to sini we move to strike. ~ The Court: Sustained. What happened? .. The Witness: In. the company’ of Officer. Bridenbach: - and ‘Officer. Curlotta,. we went to the defendant’s ee 5; ~on February 28th. ~ ~The Court; About “~what_ time of the day did ‘you go. ‘there? .. The Witness: About slices o’cloelt in. the morning, to see if we could, through arbitration, gain entratice to in- spect. No one answered the door. I proceeded to reinspect the premises .in the. company of Officer: Bridenbach. and 2 Officer Curlotta.. ; *. The Court: You-mean the exterior ~. ‘ The Witness: ‘Yes sir. ~. Q. What happened. | ee ; A. We felt the onl hing't to i in that case was to have ~ the defendant in equrt under Section 120 of Article 12 so Y “us into his residence. ; e RE. Q Mi. Lipsitz: I object to ‘that part of the witness? s answer: as to what the Judge might do. oon _The Court: Sustained. ~ Q. You are referring to. Section 120: “Whenever the ~ Commissioner of Health shall have cause to suspect that: a nuisance exists in any house, cellar or enclosure, he may -* occupier shall refuse or delay to open the same and admit .- a free examination, he shall forfeit and pay for every such refusal the sum of Twenty Dollars. Wess A. That is right.. on “Q. Was Mr. Frank. unianied into Court? _A. He was. . | Q. Were you prebent at the time oe the court trial? © A. Yes sir. The Court :.. What court do you pars , The Witness: ~The Magistrate’s court at the Northern: ’ Police Station, Magistrate Rogers. - Mx, Polski: I have no further questions. , : The. Court: You did not’ go into the |: ae — g [fol. 19] ‘that maybe the Judge could convince yam to let’ . ‘demand- entry therein in the daytime; and:if the owner or | - * Tol, 20) The Wits: I hiive not made an inside i inspec. - tion. Cross examination. . ; By Mr. Lipsitz: Q. How long have you sient a Health Department Sani- : tana ; df ' A. One: year. o Do you work for a aiiaalad division or dotnet A. I am connected with the Bureau of Rodent Control. Q. You referred to “we” inspected when you testified. : . Wéth regard to the first inspection, who: was with you that day? ""- A, We are now in the process of training multiple dwell- ing inspectors.' I had inspectors Crane and Harberg, who | - are now multiple dwelling inspectors, with me. | " ' Q. Were they both F accu when you spoke “with Mr. * Frank? , A. Yes. ‘Q. What time of the day did you wes that first inspec- tion, which was on February 27th? A. About two thirty, betw een two oe two thirty i in thei — afternoon. is 2. Q. What was the’ ‘adie ‘of the person em made the 7 -complaint that led you to make this inspection? A.. We do not have to give that information. {fol. 21] Mr. Polski: L would object -any way. e don't believe it is relevant.. The Court: I’ sustain the objection as to any conversa- °* ‘tion with the person who made the complaint. : Mr, Lipsitz; I am asking the identity of the person ae ing the complaint. I.think it might be material. __ / . Mr. Polski: Objected to.. : Sib ‘© The Céurt: There is aude testimony as toa complaint. : of rodents in the neighborhood., I think the witness gaye the address of the person who made: the complaint. I see no, objection to giving the name as well. You may give - the name. ‘It goes to whether or not there was reasonable cause to suspect | that a nuisance existed. 4 . * F 4 t 3 Mr. Lipsitz: I wouldelike to see it before the’ witness testifies. cite 7 enor a ‘ 7 | ~ The Court: Yes. at Saas as Gone (Thereupon, the witness handed Mr. Lipsite -@. ‘paper for his examination.) : } Q. What is the-answer to the. enepeah A. Yo. "| The Court:: dive you putting this copy of the notice ‘[fol. 26] in: evidence? ma Mr, Lipsitz: I am not inclined to. If the State eae later, I have no objection to it. I wanted that one point ° from the witness. He consulted the notice for that purpose. | The Court.: Read it. | _ The Witness: “Mr. Aron Frank, 4335 Reisterstown Road, , ~ Baltimore 8 Maryland. Mr. Frank, owner, faces Reisters- town Road: 1, Clean and remove all trash and debris es the yard and maintain same in a clean and sanitary condition at all times, “2. Remove all trash and debris from under front and rear porches. “3. Surface the yard area, including the side yard, to a. distance of at least ten-feet from the rear Rica | wean wall with four inches of concrete. : “4, Provide all cellar windows with Aacesal removable, screens of galvanized hardware cloth of one quarter inch inieeh; of such construction the Mandeeni cloth extends to outer edge of the frame. boa * ’ “5. Provide proper regulation galvanized metal garbage - [fol. 27] containers with tight-fitting metal lids which are to be kept on the containers at all times. “6, Eliminate rats from the premises by trapping or Poisoning. adiataes eee Q. You: have testified that this is ile ¢ consisted i in Part of ‘rodent, feces, ; A. Idid. | Q. Would you say it iia’ chiefly of rodent. feces or - other material? | A. I would say it was. mixed with straw Pa other ma- terial. How much was feces, I could not determine. Q. Can you specifically, identify what kind of rodent feces you say was on the pile? - is “A. From the eonversation With Mr. Franka chincillla “ 8, (sic) is a rodent. It is seventeen inches long approximately. _ with a six inch tail. The feces of chincillas (sic) are about . the same shape as rat feces. "Chinchillas feed off pellets ‘and grass. The feces were green, of the same shape as — rodent feces. . Q. Were they rat, feces? - A. Rodent. | aes Q. Were they rat ‘feces—specify. ‘ A. I specify they were rodent. [fol; 28] Q. ‘They might have been chinchilla feces. © A. They might possibly. Q. When you testified in the Magistrate’s court, when you ‘were cross examined on what kind of feces they were, you | said you only supposed they were rat feces. A. I said they were rodent feces. Q. When cross examined,’ didn’t you ultimately state it .. was just a supposition on your part that they were rat feces? : A. I said rodent. Q.. They could just as well te chinchilla as ‘rat feces! ‘A. Rodent. ey CS Lipsitz: Will your Honor ask him to answert The Court: “Is not a chinchilla a rodent? ~ The Witness: Yes sir. - The Court: Is there any different (sic) from a health as- . _ pect between rodents which are rats and rodents which are chinchillas t prerks BESS aeaaeel The Witness: I intain—a nuisance—if he could — chinchillas in the place to such a degree that they re attracting Tats. in the a, ceperanatd — ‘constitute ~ a 5 wales. : * Q. Did you in your siialain made whieni | you — the (fol. 29] warrant for the defendant’s arrest asad him in that with chinchilla infestation? ? A. I charged ‘him with nothing except ——- us entry a ‘to inspect the premises. . . On the grounds that you had cause to suspect rat infcstation$ . : A. Rodent infestation. Mr. Lipsitz: May I see ‘the committment? (sic) (Thereupon, the Bailiff handed a paper to Mr. Lipsitz.) — — Q. I am reading to you from the Magistrate’ s committ- ment :—(sic) “Violation of Section 120 of Article’12 at ‘Baltimore City Code in that a nuisance is ‘suspected at’ ' premises 4335 Reisterstown Road, owned by Aaron Frank, consisted of rat infestation, undue trash and debris and said Aaron Frank has refused entry to said premises to said W. H. Gentry”. You did not charge him with any chinchilla infestation, A. At the time it was suspected there were inside saliciie. oe It could be-rat infestation. : _ Mr. Lipsitz: Your Honor, I contemplate contending with the State’s Attorney but not the witness. The Court: The document for which. you have called {fol. 30] speaks for itself in any case. You have asked the witness to interpret. | _Mr. Lipsitz: .I am trying to get the witness to specify what kind of feces he claims to have seen. In the warrant, ‘he claims t to have. suspected rat infestation. _ at premises 4335- Reisterstown Road, owned by Aaron The Court: The wording is “that a nuisance is suspected ff Frank, consisting of rat infestation, undue trash and debris ran oe ‘It speaks for itself. — 39 - : ee “ of Maryland. or i any Public General. or Public Local * Laws of the State of Maryland; and in particular, without limitation upon the foregoing, shall have power by ordi- nance, or such other. method as may be provided for in its _ - Charter, subject to the’ provisions of.said Constitution and - Public General Laws: A _ (1) Bumtprnes ene C en Pp. LL. (1860), Art. 4, secs, 29, 993, 864, 943. P. L. L. . (1888), Art. 4, seés, 121-124. 1892, ch. 10. 1998, ch. 123,” sec. 6. 1904, ch. 616. 1906, ch. ‘797. 1910, ch. 704, City Charter | fate sec. 62 1918, sec. 6. 1927, sec. 6. P. L. L. - (1930), Art. 4, -sec. 6. City Charter (1938), sec. 6(1). 1945, ch. a sec. 6(1). 1946, Res. 18, sec. 6(1). To regulate the location, construction, use,. operation, © ‘maintenance and removal of buildings and structures, or any part thereof, of. every kind. : = \o ——-—@ . * Se * * E-_(5) ENTRY ON ‘Private Propiry | 1945, ch. 548, sec. 6(4).. 1946, Res. 18, sec, 6(5). To enter, by its’ officers or. agents, the land or posses- sions of any person for the purpose of carrying out the powers enumerated in this Section 6, : . ee 2 * « oe (11) H&aLTu AND NUISANCES [fol. 157].).-P. LoL. (1860), Art. 4. sec. 797. 1886, ch. 396. 1890, ch. 509. P. L. L. (1888), Art. 4, secs. 378 ‘and 400. 1898,.ch. 123, sec. 6. City Charter (1915), sec. 6. 1918, sec. 6, 1927, sec. 6. P. L. L. (1930), Art. 4, sec.. 6. City _ Charter (1938), sec. 6(9). 1945, ch. 548, sec. 6(10). 1946, Res. 18, sec. 6(11). ~ . o>. To provide. for. the preservation of the health of all persons within the city; to prevent the introduction of contagious diseases within the city, and within three miles of the same upon Jand, and within fifteen miles thereof _ upon the navigable waters leading thereto; and to prevent and remove nuisances. : , . ae * ; ° 7 * -—¢ Cb * ? ma a 2 Se so” : ing )e — ; C . and 26th Articles. of the & & (8 ) Pouce Powen | P. L..L. (1860), Art. 4, sec. 32, P. L. L. (1988), Art. 4, * see. 721.’ 1898, ch. 123, sec. 6: City Charter (1915), sec. 6. 1918, see. 6. 1927, sec. 6. P. L.-L. (1930), Art. 4, see. .6. City Charter (1938), sec, 6(18). 1945, ch. 548, sec. 6(22). 1946, Res. 18, see. 6(23).: ; To have and exercise within the limits of Baltimore: City. | all the power commonly known as the Police Power to the same extent as the State has or could exercise said power within said limits; provided, however, that: no ordinance of the City or act: of any municipal officer shall conflict, impede, obstruct, hinder ‘or’. interfere with the poweérs of | the Police Commissioner. ) Py * * ” 7 * =: -*@ Clerk's Certificate to foregoing paper, (omitted in print. [fol. 158) ae ee “pt Iw THE CRIMINAL Court OF BattTimore “* [Title omitted) | : Motion. FOR Ce or “Nor ica TY”. AND “DentaL - THEREOF—Filed. March 17, 1958 | Now comes the defendant, Aaron D. Frank, by Benjamin Lipsitz, his attorney, and moves the Court for a verdict of “not guilty” on the ground that the -evidence in this . cause is legally insufficient to sunny his conv iction, in asses Tae a Section 120 of Article 12 of the Baltimore City ‘Code, 1950 Edition, denies to the defendant his right to be secure from unreasonable. searches and seizures and subjects the defendant to unreasonable searches and seizures of his property and/or an unlawful trespass theréupon and/or a wrongful taking re all in violation both of the 23rd . Jeclaration of Rights of the Mary- | land Constitution and of the Fourth and Fourteenth Ainend. ; ments to the Constitution of the United Statés and said 41 “Beetion | is repugnant to each. and all of said Articles and ’ Amendments and is therefore invalid. ze _ 2.» The evidence | Clerk JLY/ojr : | ee: Office of the State's Attorney of a Baltimore. City, Att’n: Norman Polski, Esq. Office of the Attorney General, Att’n; James H. re, Jr., » Esq COPY i ; Clerk’s Certificate to foregoing paper (omitted i in print- ing). ? : : ¢ A ke Oa es } In THE CRIMINAL , Court OF BaLTIMORE Court oF Apprats o¥ Maryann, | : J. Lioyp Youne _ ANNAPOLIS, MARYLAND | Clerk PRT ar Leh Oe, 4 June 17, 1958 Benjamin Lipsitz, Serene \ Attorney at.Law - 1525 Mathieson Building _ Baltimore 2, Maryland — Dear Mr. Lipsitz: . | In compliance with your letter of June . 16th, and per our. telephone conversation, this morning, I am enclosing here- ‘ with a copy of.the “Petition for Writ of CePtiorari. to the Criminal Court of Baltimore” {filed March 92nd, 1958) in’ - the matter of Aaron D. Frank vs, State of Maryland, ani. ° also a copy’of the Answer to .said petition (filed April . 17th, 1958), together with a copy of our aur to you dated : April PetB. = You will note the Court's denial on the copy of the peti- . tion itself. . There .were no Socket entries aes in this Const and the Court did not file an opinion in this matter. 1 truly yours, ee Less | : a Signed) J. Lloyd Young, Clerk. JLY/OJR vemaspsnaiig | / Clerk’s Certificate to for rregoing papér (omitted in print- Ing). . [fol. 176] Clerk’ s Certificate to foregoing transcript (oniit- ‘ted i in printing). | ite: * [fol.177} _ : eee oa! SuprREME Court OF THE UNITED STATES | No. 278, October Term, 1958 AARON D. Frank, Appellant, , ee ~ Strate or MaryLANp. Orper Notinc PROBABLE J URISDICTION—October 20, 1958 Appeal from the ‘Criminal Court @f Baltimore, State of Mage yland. The statement of jurisdiction in this case having been submitted. and ‘considered by the Court, probable jurisdic- tion is: noted. | | . mv, ele; October 20, 1958 ; 5 4 sy ys ° -@¢@ if . \ Ps \ s “BALTIMORE CITY HEALTH DEPARTMENT CITY HEALTH CODE | ARTICLE 12 | eee | | BALTIMORE ’CITY CODE OF 1950 (1952 . a es : r & yr ‘ . sis : 53 PREFACE ; 4 Toward the close of 1951 the Baltimore City Code of 1950 was published. This latest codification by Dr. Horace E: Flack, Director of the Department of Legislative Reference, contains the general — ordinances of the Mayor and City Council in force in Baltimore on May 21, 1951. It is a stout gray volume of 1,594 pages and replaced ‘a similar earlier volume, also codified by Dr. Flack,- the Ba timore City Code of 1927, which ee the my ordinances = force on May 21, 1928. : In the City Code of 1927, Article 16 constituted. the ae Health : Code. .In the 1950 edition, ‘the Health Code has been renumbered _.as Article 12, It is here republished and, includes a number of im- | _ portant new health ordinances that were passed during the period * 1928-1951. The Baltimore City Health Department wélcomed the . . opportunity of ‘assisting Dr. Flack-in preparing for the considera- tion-efthe City Council a series of revisions of the- earlier Code, _. designed.for the purpose of providing an. up-to- ante nem. ¢ of local - ‘ health legislation. 7 i It should be remembered that for Baltimore City important eleméfits in the public health law. are also to be found in Para- _ graph. 11 of Section 6,.and particularly i in Section 81 of the Balti- more City Charter of 1949; and in, addition in Article 43 of The Annotated: Code of the Public General. Laws of Maryland where the compulsory vaccination law of 1864 and other.specialized items are to be found. These two ‘elements ‘in the City: Charter and the State Health Law, together with the City Health Code of 1950, constitute the framework of the public health law for Baltimore City. - Of -particular significance is ‘the provision in Section 82 of the . Baltimore City Charter of 1949 that the Commissioner of Health of the city shall be an ex officio member of the City Advisory Wel- fare Committee. This thas been in the City Charter since 1934. Another similar provision which has been a part of the State Health Law since 1880 specifies that the Commissioner of Health of Balti- " more City shall be an ex officio. member of the State Board of Health of Maryland. A like requirement in the State Post Mortem ' . Examiners Law of 1939 places the Commissioner of Health on the Commission that directs the work of the Chief Medical Examiner of Maryland. These important provisioris are designed to insure the adrriftistrative integration that is essential for health liaison and teamwork, : _ The history of ciablic health legislation in. Balitinore City and_ in Maryland’is long and complicated. There were enactments dur- ing the colonial period. Following this, perhaps the earliest im- portant Taw for the Baltimore area was Chapter 56 of the Maryland are ; io ae e ? oa State Laws of 1793 which panes: the appointment of ‘a health "officer and the erection of a quarantine hospital for the port of | - Baltimore. The City Health Department had its re cog in the. » great yellow fever ap areay which ravaged Philadelp in that year; and it was built into the newly established ‘city at the time of its incorporation on January 1, 1797. From that time until the’ present, public- health. legislation in Baltimore has been in large _ measure an extension of the two- major health ordinances, Ordi- © nance No. 11 and Ordinance No. 15 of 1797.. The former dealt _ particularly with the control of pestilential diseases and. the latter with the control of ‘nuisances and other matters of general sani- crx a Wits, NP : Compiiciiney of H ealth _ tation. ‘November - 1, 1952. ——_ —— oh HEALTH B ____—GOMMISSIONER QF HEALTH City Code (1927), art. 16, sec. 2. 1879, art. 23, sec. 5. 1893, art. 23, sec. 5. Ord. 555 (1946-47), ae Se 1. It shall be the duty of the Commissioner of Health, from _ tirne to time, to. make a circuit of observation to the several parts = of the city and its environs, which, from their location, or from any collateral circumstances, may be deemed the cause of disease, and ~ _ in all cases where he may discover. the existence of any agent, the presence of which will prove dangerous to the health of the inhabi- tants of the city, he shall cause any ordinance in existence for its, correction to be enforced, or if there’ be no ordinance competent to the correction of the evil, he shall make a Tull report of all the attending circumstances to the Mayor, accompanied with his.opin- ion of the necessity of extraordinary or particular action. It shall be his duty also to make diligent inquiry and investigation into. all cases or reports of cases of communicable diséases which may occur _ -or come to his attention, and cause ‘such: immediate measures to be ’ taken as are. practicable to arrest their progress, and generally to notice all things that relate to the preservation of the health of the inhabitants of the City. It shall be’ the duty of the Commissioner of Health to give to the’ Mayor and other City authorities all such professional advice and information'as they may require, with a view to the preservation ° ‘of the health of the inhabitants of the city; to inquire into the , health of the inhabitants of the city, and to-report in writing-to the _ Mayor every circumstance likely to endanger the health of the ite inhabitants of the city; and it shall be the duty of each practicing | physician’in the city, at all convenient times, to: give information of the state of the health of the inhabitants of the city to the Com- _missioner of Health, and assist and aid him with his counsel and advice, in all matters that relate to the preservation of the health of the inhabitants of the city and to the. prevention of conmmquaucabte diseases. hg Sega” ‘ wr 3. All officers and employees of the Commissioner of Health; when on duty, shall wear or carry, and whenever called upon; dis- _ play.a.badge or official identifying paper denoting the character - of the office of said officer or employee. - Said badge or official identifying paper shall bear a ui Sites of the Battle Monument: (lettered City of Baltimore, date. employet, and the words “Health Department”. Any person who shall. ‘improperly or without authority use said = badge or. official identifying paper shall, upon conviction ‘of said offense, be liable to 4 fine of not-more than Twenty-five Dollars .* ($25.00). | . : eres. | : ? a. Vacant. si . City, Code (1927), art. 16, 6, fee. 17... ‘1879, art. 23, sec. 8. . ei haee. 1893, art...23, sec. 17. _ 1797) with a caduceus on each-side with the title of the officer or. . .4.° It shall be the duty of the police officers to execute all orders _ City Code (1927), art. 16, sec. 20. 1879, art. 23, sec. 11. 1893, art. 23, sec. 20.. > 6. If any person s shall knowingly obstruct or resist the Commis- ‘of the Commissioner of Health, so far as they may relate to the . . preservation of the health of the city. : sioner of Health, or-any person by him appointed, in the execution of the powers to them given, or in the performance of the duties. ~ enjoined on them by this or any other ordinance in relation. to the the). - ‘public health, such persons shall forfeit and Bey a sum 1 not exceed- ing Two Hundred ‘Dollars. City Code» (1927), art. 16, sec. 21. 1879, art. 23, sec. 12. | 1893, art. 23, sec. 21. 7. If any person or persons shall refuse or. neglect to comply with any order or notice of the Commissioner of Health, authorized «.. ° by any section of this ‘Article, and no other penalty jis herein’ pro- ‘vided for such neglect or refusal, such person or persons shall. for- feit and pay the sum of Twenty Dollars for each offense, and Five _ COWS AND DAIRIES © City Code (1927), art. 16, sec. 28. Ord. 56 (1901-02), sec. 1. Ord. 558: (1946-47). 8. It shall not be lawful for any. person or persons to keep or possess within the corporate limits-of Baltimore (/i:y any. cow or-_ cows, either’for the conduct of the dairy business pr for his'or her - + pers@hal use, unless a permit shall have first been btained from the Commissioner of Health permitting such cow or cows to be located within the city limits, which permit. must designate upon its face specifically the location for the keeping of such cow or cows, : Any person violating this section shall,-upon coriviction \o ie said ollars ¢ «. toes " °° Mine , 7 / . . : } | (925), and a further finé of One Dollar ($1) for each day that the | violation i is continued after notice is given to discontinue.) ! City ‘Code (1927), art.. 16, sec. 49, Ord. 65. (1895-96), sec. 14. » ‘9. It shall be the duty of any person having charge or control ° of any premises upon which milk or cream is produced, handled, - stored or distributed ‘to: notify the Commissioner of Health immedi- ately upon the discovery ‘of any case of Asiatic cholera, croup, . diphtheria, measles, scarlet fever, small-pox, typhoid fever, typhus __ 3 fever, or any other contagious or infectious disease upon such © ‘premises. No milk or cream shall be sold, exchanged, given away, ~~ or in any other manner distributed from such infectet premises until all danger of spread of disease has been removed, and the » Commissioner of Health certifies to that effect. .No person who at- - tends cows or milks them, or who has the: care or handling of vessels for the sale, storage or distribution of milk or cream, shall enter any place or premises whefein exists any of the diseases men- tioned herein, nor shall any such person have any communication, . direct or indirect, with any person who resides in or is an occupant of such infected place. : su ‘ —? DAY NURSERIES Ord. 270 (1932-33), sec. 1. : e 10.-A Day Nursery _ is defined to be any institution, “eataleh: ment, or place, in which are received at one time two (2): or more children not of common parentage, for temporary guardianship and nursery’ care, apart from their parents or guardians, whether for compensation, reward, or-otherwise, during that portion of the day or night in which their parents or guardians are engaged in other pursuits and occupations than versie en to and caring, for ° such children. 7 are 4 _ Ord. 270 (1932- 83), sec.. 2: ll. No person or persons or corporation shall sendeans: main- _ tain of operate, in Baltimore City, either 2s owner, lessee or agent, any Day Nursery without having first obtained a license therefor _ from the Commissioner of Health, authorizing him, them or it to do so. All such licenses shall be for the period of one year, and the charge of such license ‘issued to any such -institution shall be One Dollar ($1.00) and for the renewal of said license from ‘time to time the: charge shall be.One Dollar ( $1.00) per annum. ahtcy er Ord. 270 (1932-33), sec. 3. 12: The Commissioner of Health is hereby authorized and em- powered to make, adopt and enforce rules ‘and regulations for the | - operation and conduct of said Day Nurseries and said Commis- ~ sioner of Health shall, from time to time, inspect said Day Nurseries ‘and: require. them to. be saints in a proper [sanitary condition. Ord. 270 (1932- 33), sec. 4. 13. Any person violating this sub-title -or ‘any. order or regu- _ lation made. and seeped by the. Commissioner of .Health, in pur- e . He. LD 1. - suance heii, shall be guilty of a ict imeuiins shall ie subject to a fine of not exceeding One Hundred _ Dollars ($100. 00) for each ’. offense, and, in addition thereto, the Commissioner of Health may revoke the license of’ such Day Nuisery.* FOOD PRODUCTS. f° fa le ns eee ’ City Code (1997), art. 16, sec. 52. Ord. 103 (1907-08), . "Ord. 262 (1917-18), sec.°55A. Ord. 747 (1941-42),-sec. 52. 14. - (a) Every person or corporation desiring to bottle or handle for sale, or to offer or expose for sale, or to sell, dispose of, exchange ~ or deliver-milk or cream {the words ‘ ‘milk or cream” as herein: ‘used being intended to mean milk, cream, skimmed milk, ‘butter- _ milk or other fermented milk) or to manufacture for sale ice cream - “or butter, in the City of Baltimore, shall make application to the. » . Commissioner of Health for a permit so to do. Such application ’ shall be made on a printed form to be furnished by the Commis- | sioner of Health upon demand, and the applicant, if an individual, shall state therein his full name and residence, and if a corporation, - * shall state therein the name ‘of such corporation and the full name’ _ and residerice of each of its officers.. Such application shall also’ state the location of the place at which it is proposed to carry on: the business, and whether the applicant. desires to pasteurize or bottle milk or. cream, to sell milk or cream. in the original’ unbroken package, or to manufacture for sale ice. cream. or butter.. Such application shall also contain a statement ‘of the Aumber and :char- - acter of. wagons or other vehicles, if any, to be used by the applicant in, or about his business; also the number of cows, if any, owned’* or controlled by the applicant, and such other data concerning the conduct of-such business as the Commissioner of Health may. re- quire. The Commissioner of Health, upon receipt of such applica- tion, shall cause to be investigated the place of business, described . in such application, and the wagons and other vehicles, ‘if any, - intended to be used by such applicant. If such places of business and such wagons and other vehicles are found upon such investiga- | tion to be in a sanitary condition and fit for the uses and purposes’ to which they are intended to be put, said Commissioner of Health shall forthwith register said applicant i in a proper record to be kept for the purpose, and issue a permit authorizing such applicant to @carry on, engage in and conduct the business applied for in Balti- more City at the place designated in such application. Such per- mits shall specify the kind dr kinds of business to. be conducted. -The Commissioner of Health may refuse any applicant a permit to pasteurize, bottle, sell, offer for sale, distribute or otherwise dis- pose of milk, cream or. milk products where in the opinion of the Commissioner of Health, the equipment, ‘personnel or managerial control of the geo ay is inadequate to assure physical or working conditions which would render such milk, cream or milk products 1Sec. 5,:Ord. 270 (1932-33), aoe all Sedinmaces inconsistent - therewith. me yee 3% is : ae © ere . qo. iy - suitable for setanpantion. as human food and where a permit, after a hearing in accordance with the “provisions: ofthis section; i, SS re A _ been. revoked for violations at the place of. business described _ eet | the application. OF for violations for which, the applicant was Treé-: sponsible i : y ‘as eS, : (b) All vedaiie granted pursuant to this. section may ‘at any . time be revoked: by the Commissioner of Health for the persistent, repeated or willful violation of any law or ordinancé, or of any § *_ - regulation of the. Commissioner of Health, ‘governing the handling” .” or sale of -milk or Cream;.or the manufacture for sale of ice cream’. > or butter in Baltimore City; provided, however, that no“such per-. mit shall, at any time, be revoked by the Commissioner of Health | unless he shall first have given the holder of the same not less than, - ten days’ ‘notice in writing of his intention to revoke such permit, and an opportunity to be heard by him as to why’such should riot . . be done, this proviso not-to be taken’ to apply to cases where the» ~~~ sale of milk: or-cream or the manufacture for sale of ice cream or - butter may be temporarily -prohibited ‘by the Commissioner of. Health because of disease, temporary insanitary condition or similar causes. Such permits. ‘shall be non-transferable, and. no. permit issued hereunder shall entitle or authorize the, holder thereof to carry on, engage ‘in or Rint the business in-any-place or ish other than that described’ and set out in such permit. ( c). If any. person or corporation having a permit, as sleltenid. ae ‘shall change the location of his or its place of business, notice of | such proposed change ‘shall ‘be given to sai Commissionér of © ‘Health,.and his consent in writing received to-tonduct such busi- ~ ness at such-“fiew location; and no business shall be. conducted or ‘ carried on at such new location until such new consent has been received. : ees aS ates (d) Any person or persons or any corporation, or officer: agent - or servant thereof, who shall bottle or-otherwise handle for sale, or offer or expose for sale, or sell, dispose of, exchange or deliver, or ‘who shall cause to be bottled or otherwise, -handled. for sale or -offered or exposed for sale or sold, disposed of, exchanged or de- livered (or with intent so to do shall have in his, its or their pos- session, care, custody, or control in Baltimore City) milk orscream, or’ who: shall manufacture for sale ice cream or butter, in Balti- more City; without’ having: a’ proper permit so to do, as herein ‘ required, shall be fined not less than Five Dollars ( $5. 00) nor more than. One Hundred Dollars ($100. 00) for each offense. : ‘(e) The provisions of this section shal} not be construed to ‘apply to milk or cream which has been denatured in a manner satisfactory to the Commissioner of ‘Health and which is not atendless for . human food. . Ord; 262 (1917-18) held stisatibatincn’ te Creaghan v. - Balto., 132 Md. | 442: See also Balto. v. Gamble, 132 Md. 473. ee, ‘i a ee . D4 Q Pie. Wy ry Ord. 607 (1933- 34). o 15. No permit to pasteurize milk, cream, ice crear or other. ; “dairy products for sale in Baltimore City shall be granted to. any 6 s person, firm or corporation whose plant shall be located beyond the corporate limits of. Baltimore City. Nothing hcrein contained shall construed desk the rights of holders of permits on-May 14, e to hold or to renew the same ek. Eade 1934, to conti é City Code (1927), art. 16,- sec. 53. Ord. 103 (1907-08), sec. 55B. 16. Every vendor of milk having a permit as aforesaid, shall; _ whenever so required, furnish the Commissioner of Health a state- ment of all changes in the data and information provided for in . Section 14, and shall also, whenever so required, furnish him - a list of all persons from whom he of it recéives- milk or ‘cream for use in his said business, whether said shipments be from within or outside’the City of Baltimore, and said Commissioner of Health * shall -have, power by regulations. to require that changes or addi- Bons} in said lists of shippers shall bé furnished him from. time, to timé as they occur; said Commissioner of Health shall keep a record of such shippers, when furmshed as aforesaid, for. the use of his office, but the same shall not.be open to the inspection of other persons. Any P ‘officer of a corporation failing to furnish — lists, data or..information—aq-aforesaid, when so required by the ~~ Commissioner of Health, shal} be fined not, more than Fifty Dollars ‘for each offense. . oes. City Code (1927), art. 16, sec. 54. Ord. 103 (1907- 08), sec. 55C. 17, “lhe permit to engage in the vending of milk hereinbefore | feferred ‘to shall be posted conspicuously in the applicant’s place of business at a- point to be designated by the Commissi6ner of Health or health inspector. Each vendor of milk shall, before en- gaging in the’sale of milk or créam, cause-his name’or the name of the dairy and: the permit number, the former in letters of a read- able size and the permit number in figurés not less: than threé inches _in height, to be placed and remain on each outer side of. all wagons or other vehicles used by such venders. in the conveyance or sale of’ ‘milk or cream. Any person or corporation failing to so display said.» permit, or to’ cause the lettering aforesaid to be displayed on apy wagon. or other: Vehicle used as aforesaid, .as in.-this section _pro- “vided, shall: be fined not less than Ten Dollars nor more than One Hundred Dollars for each offense; and each and every day on which said persoh, or corporation shall fail to'‘display such permit as herein provided, or shall drive or operate or cause to be pti ah or’ + operated any such wagon or other vehicle i in violation of the : visions of this scetion shall constitute a separate, and distinct: offense. Q ‘City Code (1927), art..16, sec. 55.. Ord. 103 -(1907- 08), sec. “55D. 18.- The Commissioner of Health: shall have power to adopt --such- Eo peated as he may. deem proper and necessary to insure 7 } sais transported, stored, kept, distributed, ‘retailed = ~ aN k and cream intended for consumption in - ‘Baltimore City * > : delivered under —. “rendering them sibeebile for consump- tion as human food, and to-compel perfect ‘hygienic and sanitary- - conditions of all cow stables, crearneries and dairies from. which milk and cream so. intended. for consumption in Baltimore City are produced; such regulations not to be inconsistent with existing - laws or ordinanées, and copies of the same to be ‘printed and kept. for free distribution to the public; and said Commissioner of Health shall have power to prohibit the sale within the.corporate limits of © _ Baltimore City of milk or cream produced, ‘transported, stored, ‘ kept, distributed, retailed or delivered contrary to such regulations, — whether. said milk or cream be produted: within or outside the corporate limits of the City of Baltimore; and’ ‘t® the end that said regulations may be' enforced in the case of milk or cream pro- duced outside the corporate limits of. the City of Baltimore, but in- @ tended for consumption therein, said Commissioner of Health may . require such of the city milk inspectors as he -may designate. for the, purpose to make inspections at such intervals and times as he may ‘deem expedient of’ all dairy farms, stables and other places outside _ the City of Baltimore from which milk or cream are shipped for consumption in Baltimore City. In case full access to such permises or a full opportunity to investigate all the conditions under which milk is there produced or-kept shall be denied said inspectors, or in case upon such inspection the conditions are found such as in the opinion of said Commissioner of Health,render such milk or cream unsuitable or unsafe for human food’ and warrant the -ex- clusion .of said’ milk or créam from sale in -Baltimore City, said - Commissioner of Health shall have power to absolutely prohibit the sale thereof _at“any place in Baltimore City until such time’ as the reason for their exclusion shall in his opinion have ceased, and he shall adopt.such means of ‘identifying such milk and cream as. « _ to him may seem proper and expedient: In case of the exclusion of _ any milk or cream as aforesaid from sale within Baltimore City, said. Commissioner of Health shall immediately make a record of such ‘fact in a properly indexed book kept for that Purpose; said book ‘to be open to the inspection of all vendors of milk who may: desire to inspect the same.” Any person or corporation or officer, agent or ae servant thereof, who: shall sell, offer for sale, expose for sale, dis- pose of, exchange or deliver, or with intent so to do as aforesaid, have in his,.its or their possession, care, custody or control, any ‘milk or cream which said Commissioner ‘of Health. shall so record as excluded from sale in Baltimore.City, shall, upon conviction, be fined not less than sae nor more. than.One Hundred Dollars. for éach offense. . City Code (1927), art. 16, sec. 56. Ord. 262 (1917-1 18), sec. | 55E. 19. Every permit heretofore issued under the provisions of Sec- “tion 14 of this Article shall expire. five. months after June [, 1917, unless an application for renewal thereof be made on or ‘before that date, in which event such permit shall remain in force until - the Commissioner .of ‘Health’ acts upon the application for re: newal . and notifies the applicant in t WERE ena a renewal has ‘ - . oe Re ~ —e Sia) cs aaa Ae ona eens = eo ee i ne been granted or refbaed. Permits hereafter ee and vee hereafter renewed shall expire one year after the date on which _ they are granted or renewed; but if an application for renewal" be made any time within thirty. days prior to such time of ex- piration, such permit shall jremain in force until the Commis- ‘sioner of Health’ notifies the applicant in writing that a renewal - has been granted or refused. An inspection fee of Ten Dollars ($10.00). shall be paid to the Commissioner. of. Health. by .each ~ , itera for a permit to pasteurize or bottle milk or cream, and a fee of Two Dollars ($2.00) by each applicant for a permit to sell . milk or cream in the original unbroken package or to manufacture ‘ice cream or butter; said fees to be paid at the time of the making of the application, whether it be for an original permit or for a re- newal thereof. Only one inspection fee_is:to be paid where the application is for a permit to pasteurize or bottle milk or cream, and also to sell milk or cream or to mianufacture ice cream or butter upon the same premises, and in such cases, the’ fee shall be Ten Dollars ($10. 00)? All such inspection fees paid shall. be promptly _ accounted for by the Commissioner of. Health, and immediately - paid over by him to the Comptroller for the use’ of the City of Baltimore. : : Creaghan Vv. Balto., 152 Md. 442; Balto. v. Gamble,. 132 Md. 473, City Code ' (1927), art. 16, sec: 57. 1879, dit. 23, sec. 48. .1893, art: 23, sec. 70. 20. It shall not be lawful for any person or persons to adulterate | milk offered for sale or sold w ithin.the limits of. the City of Balti-. more, by mixing therewith water, chalk or any drug or other articles: whatsoever, under-a penalty of not less than Twenty Dollars for each and every-offens¢; and any person or persons who shall sell _or offer: for sale any milk of a diseased cow, within the limits of the city, shall pay a fine of. Twenty Dollars for each and every off ense. 2 Deems v. Mayor and City. Council of. Balto., 80 Md. 164. ' State v. Broadbelt, 89 Md. 565. City Code (1927), art. 16, sec. 58. Ord. 103 (1907- a8), sec. 56A. "Ord. 262 (1917-18), sec. 56A. a. All consumers who receive milk-or cream from a in cans, bottles, vessels or other containers, which are to-be. returned "+ to said vendors, shall immediately after.emptying the same and be- fore their return as aforesaid, cause such cans, bottles, vessels -or other containers to be washed: ‘and thoroughly cleansed. All dealers - in milk or cream receiving such milk or cream in egps, vessels, or ‘ other containers which are to be returned to the person shipping or delivering . the same to such dealers shall immediately after ~ emptying the same before’ their return as aforesaid cause such cans,. bottles, vessels or other containers to be cleansed and sterilized with boiling water or ‘otherwise subjected. to a moist heat at a temperature of 200 degrees Fahrenheit,or sterilized by other method approved by the Commissioner of. Health, and all dealers in milk | or cream retailing the same in cans, bottles, vessels, containers or iE .#) ) receptacles of any kind ‘shall thoroughly cleanse per wean in she manner above set forth all such cans, bottles, vessels, receptacles and containers before such milk or cream is placed therein for de- livery to customers.’ Any violation of or failure to comply with any of the provisions of this section shall be punishable by a fine of not less than Five Dollars = me? nor more than Fifty Dollars ($50.00) - s salient v. Balto., 132 Mad. 442; Balto. v. Gamble, 132 Md. 473. City Code (1927), art. 16; sec. 59. Ord. 103 (1907-08), sec. 56B. Ord. 262 (1917-18), sec. 56B. “tp: No person shall transfer milk or cream from one. receptacle, can, bottle, or vessel of any kind to another vessel of the same or | other kind on “wharves, railroad depots, on streets’ or in wagons, except for the purpose of salvage of milk, when the milk~can is damaged. Any violation of or failure to comply with any of the provisions of this section shall be punishable by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00). ———— v. Balto., 132 Md. 442; ‘hidie v. Gamble, 139 Md. 473. City Code (1927), art. 16, sec.. 60. Ord. 103 (1907-08), sec. 56C. 23. , It shall. be unlawful for any person, firm or corporation engaged in the business of bottling or vending milk or cream to . have on his, their or its premises, or in any wagon used in the delivery of milk or cream, any acid, drug, chemical substance or compound to be used for coloring; adulterating, sophisticating or preserving milk or-cream, and no such person, firm gr corporation | shall: have any such acid, drug, chemical substance or compound _ which can be used for ‘coloring, adulterating, sbphisticating or pre- _serving milk or cream, ‘unless. such person, firm or corporation shall have a written permit from the Commissioner of Health in Balti- ~ “more City, to keep the same for experimental or other purposes. not connected with Sr related to the coloring, adulterating, sophisticat- - ' ing or preserving of milk or cream as such.. Any violation of this | section shall be punished by.a fine of not less than Five Dollars rior more than One Hundred. Dollars for each offense. . City, Code (1927), art. 16, sec. 61. ' Ord. 87 (1893-94). Ord. 62 ( ¥903-04).° 24. It shall not be lawful for any person or persons to sell, offer for sale, expose for sale,. barter, deliver or bring to another, or have on his, her or their premises, store, stall, stand or vehicle, or. .In.or upon the premises of any other person or persons ‘whaisoever, from or in which milk or any other. food products are sold or de- livered, any impure, adulterated, sophisticat d or unwholesome milk or other food products, or any tainted, unsound, rotten or partly decomposed fish, fruit or vegetables or meat, or any food product that is kept fresh by ns dees or boracic a rid or. any other aii ’ servative. fs Ee f Ss : e e ———$— eee : : 1 4 ‘i RT ae ae =. ae ¢ , : ; : City Code (1927), art. 16, sec. 62. Ord. 62 (1903-04), s sec. 1A. . 25.: It- shall not be lawful for any person or persons ‘to secrete or: remove, or assist in secreting or removing, any impure or un- - sound food products as above specified, after the same shall have: been condemned as unsound by or by the authority of the Com- missioner of Health, or in any way to impede or hinder the action - of said: Commissioner of Health, his servants or agents, in confis- cating and destroying the aforesaid i impure food products so gon- demned as suck; but nothing herein contained shall.be taken as im-- sing when! the said Commissioner of Health; his servants or — agents, the duty or expense of removing the aforesaid J impure food . products so. condemned as such. — City Code (1927), art. 16, sec. 63.. Ord. 87 (1898-94), sec. 2. Ord. 103 (1907-08), sec. 59. Ord. 262 (1917-18), sec. 59. 26. ‘Only pure, unadulterated, unsophisticated, and wholesome milk shall be sold or offered for sale-in Baltimore City, and such articles shall be understood to be the natural product of healthy cows, which has not'been deprived of any part of its cream, and’ to which no additional liquid or solid or preservative has been added, and which at a temperature of 60 degrees Fahrenheit. shall have a specific. gravity of not less than 1.029 and contain not less. than 12 per cent. of total solids; of which not-less than 34% per cent. shall be milk fats, and of which not less than 8 VY per cent. shall be solids other than milk fats. No milk sold, received, kept, offered for sale, or delivered in the City of Baltimore, shali in any . particular be under the standard herein ‘described without" being considered impure, adulterated, sophisticated or unwholesome. Nothing in this section of this Article shall be construed to prevent the sale of skim milk, buttermilk, sour milk, milk prepared by fermentation or other processes, milk powder, condensed milk, or of modified milk prepared under the prescription of a physician, provided they be sold and plainly marked or labeled as such; and ‘nothing in this section shall be construed-to prevent the Commis- sioner of Health from permitting what is known as the standardiza- tion or adjustment of milk under such regulations as the Commis- sioner of Health may determine. Only pure, unadulterated, unsophisticated and wholesome cream shall be sold or offered for sale in Baltimore City, and ‘such article shall be understood to be the product of healthy .cows which is free from all.constituents foreign to normal milk; and which con- tains not less than 18 per cent. of milk fat. Nothing i in. this sec-. tion shall be construed to prevent the sale of cream containing less than 18 per cent. milk fat, provided the percentage of total solids and of milk fat of such cream does not fall below the requirements _of. milk as above defined and provided the container of such cream be plainly labeled with the percentage of milk fat of such cream. ' 1The word “upon” evidently intended. ce oa og Boneh rege eerie | Any violation or failure ‘to Cini with any of the provisions of ea ee this section shall-be-punishable by a fine of not less than Twenty ° Meare sh facet 2 3 Dollars ($20.00), nor more than One Hundred Dollars: “($100.00)” ; 3 Deems v. Balto., 80 Md. 164; Creaghan v. Balto., 132 Md. 442; Balto. v. So Gamble, 132 Md. "473. City Code (1927), art. 16, sec. 64. Ord. 262. (1917-18), sec. 59A. Beh 27. Milk and cream produced and handled in conformity with . the requirements of this section and such additional regulations as may ‘be prescribed by the Commissioner of Health shall be known .. as “Standard Milk Pasteurized” and “Standard ne Pasteurized” erpectiel The Commissioner of Health i is suthopioed to prohibit the sale or use in Baltimore City of any’ice cream or butter or other milk product. which is made from milk or cream which is below the requirements for Standard Milk Pasteurized or Standard Cream Pasteurized, or any ice cream, butter or other milk product which for any other reason is unfit for human food, and no person shall sell, offer: for sale, sell or deliver for consumption in the City of Baltimore any ice cream. or butter of other milk product the sale - or use of which shall have been so prohibited by the Commissioner | of Health. All milk,. skimmed milk, or cream held, nar offered for sale, sold or delivered for consumption in the City of Baltimore or used for the manufacture of ice cream or butter, buttermilk, or other fermented milks,.whey or curd, in the City of Baltimore, shall be produced, pasteurized and handled in the manner set forth in the o _ following rules and definitions, and in conformity with such addi- | tional regulations as may be prescribed by the Commissioner of _' Health, except as otherwise provided in Sections 28, = 31 and 32 — ‘ of this Article. Rule 1. Standard Milk: Pasteurized and Standard Creda’ Pas teurized shall be produced on dairy farms having dairy farm per- | mits issued pursuant to the provisions of Section 34 of this Article. Rule 2. Standard Milk Pasteurized: shall not contain more than 100,000 bacteria per cubic centimeter: after pasteurization and prior to delivery. Rule 3. Standard Milk Seseacetion shall not: contain moré than | 1 200,000 bacteria per cubic centimeter before pasteurization.’ - Rule 4. Pasteurized Milk shall be milk which has been‘ uni- formly heated to:a ‘temperature betwen 142 degrees Fahrenheit _and 150 degrees Fahrenheit and maintained at that .temperature for not less than 30 minutes, and cooled immediately to a tempera- ture of 45 degrees Fahrenheit or less; provided, however, that nothing in this sub-title shall be construed to prevent the Commis- | sioner of Health from permitting the heating of milk to tempera-- tures higher than 150 degrees: Fahrenheit, if, in the opinion of said . Commissioner of Health such on temperatures are desirable. Ss x 16 ot of) \ 66 Pasteuriaed milk or paELSS milk which is used for the manu- facture: of any milk products, or pasteurized cream shall be milk | -or cream which has been uniformly heated to a temperature of 142 degrees Fahrenheit, or higher, and maintained at their temper- _ ature for not less than 30 minutes. But the period of holding. may . be reduced one minute for each additional degree of uniform tem-- perature of heating of such milk or skimmed milk to be used for the manufacture of milk products or cream, with a minimum period ._ of holding of five minutes. Such milk or cream shall be cooled im- mediately after pasteurization to a temperature of 45 degrees Fahrenheit or less, unless the same is to be used for buttermilk or other ripened milk products. Rule 5. Milk or’ cream, while in the chin where it was pas- teurized or where it is held, kept or stored, shall be maintained at a temperature below 50 degrees F ahrenheit, and pasteurized milk - or cream shall be maintained at all times, prior to delivery, at a © temperature below 60 degrees F ahrenheit,’ ‘unless otherwise, per- mitted -by the Commissioner of Health. 3 - Rule 6. Pasteurized milk shall not be repasteurized sna sold as. milk, except by authorization of, and under regulations, prescribed by the Commissioner of Health. _ Rule 7. Pasteurized’ milk shall not’ be sold, delivered: or aifeced _ for sale after 36 hours from. the fay’ of pasteurization. ° — ~ Rule 8. No _pasteurizing apparatus | or appliances’ shall be sel for the pasteurization of milk or cream for sale or for use.in the manufacture of milk products in the City of Baltimore, until and unless such apparatus -and appliances are approved wd the Com- missioner of Health, or his subordinates. — Rule 9. No building, or any part of any building intended for ‘the pasteurization, bottling, storage or handling of milk or cream | shall be erected, altered or enlarged in the City of Baltimore with- out a-permit from the Commissioner of Health. All applications for such permits shall be made to the Commissioner. of Health and ° shall be accompanied with plans and full details of the contemplated erection, alteration or enlargement. Plans shall be submitted in duplicate. One copy shall be retained by the Commissioner and the other returned. to the applicant. This requirement is in addi- tion to any building permit required by law or ordinance. Rule 10. All apparatus and- appliances in a plant where milk-or — cream~is~ pasteurized _ shall be so constructed that ‘they can be readily. cleansed and sterilized. All such apparatus and appliances shall be thoroughly sterilized immediately prior to every time they: are used, and shall be thoroughly cleansed immediately following every use thereof. All bottles and other containers of milk or cream, °shall have been thoroughly cleansed and sterilized with Sine boiling water or otherwise subjected to a moist lieat at a tempera- _ ture ‘of 200 degrees F ahrenheit or sterilized by ater method ap- i —. mw Noy ngacd 67 a | ‘jail by ‘the Commissioner of Health, before being filled with milk or cream. : . 3 Rule 11. An automatic temperature recording apparatus ap-. proved by the Commissioner of Health; or his duly authorized sub- | ordinates, shall-be installed on pasteurizing appliances, and shall ‘be so maintairied that it will accurately record the temperature-to_, which the milk or cream has been raised, and so far as possible the duration of time the milk or cream is maintained : at the recorded temperature; and also-record the temperature to which pasteurized . milk or cream is cooled. All records and charts shall be dated and filed at the pasteurizing plant and subject at all times to the in- ordinate of the Commissioner of xeeasm, or his duly appa sub- ordinates. Rule 12. Pasteurized. mill, or cream. shall not - be bottled or ‘placed in other receptacles in any place other than in the plant where ‘it has beert pasteurized. No person or dealer in milk shall offer for sale, sell or deliver any milk or cream in quantities of ‘less than one gallon unless the same be kept, offered for sale, exposed’ for sale, sold. or delivered in sanitary glass bottles or such. other receptacles or in such other manner as may be approved by the | Commissioner of Health. ~ Rule 13... No person shall sell, or with intenit so to do, have in his | possession, care, custody or control any pasteurized milk or cream — “witiless such-milk or cream is contained in and jis sold in a tightly closed container in which it was pasteurized or placed immediately aftér pasteurization and then closed:and kept continuously closed until after sale. All milk or cream shall be placed in bottles or ’ other receptacles and capped or tightly closed in. such a manner: as to prevent the contact of the person of the operator with the milk or cream. The filling or capping of bottles by hand is oa hibited. Creaghan v. Balto.; 132’ Md. 442; Balto. v. Gamble, 132 Md. 473. Selected Raw Milk. and Selected Raw Gran City Code (1927), art. 16, sec. 65. Ord. 262 (1917-18), sec. 59B. 28. Milk and cream produced and handled in conformity with the proyisions of this. section shall be known as “Selected Raw Milk” and “Selected Raw Cream”, respectively. Any person or corporation desiring to sell, offer for sale, expose for sale, dispose of or exchange milk or cream which has not been pasteurized shall, | in addition to securing a permit for: the sale of milk and cream as . required by Section 14 of this Article, also make application to*the . Commissioner of Health for a permit to‘sell raw milk or cream. Such application shall contain the full name and residence of the applicant, and if a corporation the name and residencé of each of its officers. ‘Such application shall also state the location of all _premises upon which the milk or cream is to be produced, handled — - or stored. The Commissioner of Health, upon receipt of such application, shall —— the applicant with a set of rules —_ — 68 - 18 3 ra! | ; lations governing - the handling and distribution of : raw milk, and shall cause to be investigated-the premises described in such appli- | cation; and shall also cause to be inspected all equipment upon the ‘premises. If such premises and such equipment are found upon such investigation to be in a sanitary condition, and suitable for the uses and purposes of handling milk intended for consumption * ____in its raw state, the said Commissioner of, Health shall forthwith register said applicant in a proper record to be*kept for the pur- pose,-and shall issue a permit authorizing such applicant to carry on, engage in, and conduct the business of vendor of raw milk and cream in Baltimore City at the place designated in the application. ’ The. applicant for a permit to sell-milk or cream that has not been pasteurized shall secure from the Commissioner of Health a form of application for a permit for each producer from whom he pro- poses to procure such milk or cream, and when these applications __ shall have been properly filled out and filed the Commissioner: of | Health shall furnish the applicant for each of the producers a set. of rules and regulations governing the production. of Selected Raw Milk, and shall in each-casé cause a careful investigation to be . made of the condition of the herd, the farm and. its equipment, and if found satisfactory the Commissioner of Health shall register — _the said producer in a proper record to be kept for the purpose, and shall issue a “Raw Milk Farm Permit” authorizing said producer to ship milk or cream to the City of Baltimore, for sale or distribu- tion, without pasteurization. All ‘permits granted pursuant to t is sub-title may, at any time, be revoked by the Commissioner of — Health for failure to comply with the rules and regulations which - the Commissioner of Health shall have issued in accordance with + the power conferred upon him by.any ordinance. Selected raw milk and cream shall be: produced, handled, sold and. distributed in accordance with all the requirements of Section ‘27 of this Artiele;-except those relating to pasteurization, and in addition in conformity with the following rules and such other requirements as may be prescribed by regulation of the Commis sioner of Health in pursuance of: this sub-title. Rule 1.° “This milk shall be produced on dairy farms having Raw. Milk Dairy Farm Permits, issued pursuant to this section of | this Article.. This cream shall be cream from such milk. These permits shall be issued only to such farms as in their character and equipment meet.the requirements of the rules and regulations of the Commissioner of Health for the production of raw milk. These farms shall be inspected and scored at least quarterly. Rule 2. This milk shall be solely from cows annually subjected to the tuberculin test; and certified to be free from disease by a - veterinarian designated . or approved by the Commissioner of ‘Health. The tuberculin test shall have been applied in accordance . with rules and regulations approved by the Commissioner of Health. All reactors shall be immediately removed from possible contact with the dairy herd, and the premises disinfected in ac- cordance with the - rules and regulations of the United States — Bureau of Animal Industry. _. Examination | of the cattle and a eee 69 : a : Lamers ee premises shall be made as often as may be required by the Com- missioner of Health, and all animals found to be pot le shall be. - immediately removed from: ‘possible contact with the dairy herd; and if the nature of the disease is such as to ‘justify it, the owner may be required to disinfect the premises. in accordance: ‘with the rules and regulations of the United States Bureau of Animal In- dustry. ie . oe - Rule 3. All persons employed in or about the barns or ‘milk — house, or who in any manner come in contact with the milk on the~ farms on which such milk or cream is produced, or in any place where such milk ‘or cream is exposed or placed in any containers, _ shall have passed medical examination satisfactory to the Commis- _ sioner of Health, indicating that such employees are free from com- ‘ = distributor to whom the milk is shipped. The medical examina- © tions shall be made by a physician approved by the ommissioner municable diseases and are not carriers of disease producing organisms. All such persons shall be examined as often as may be required by the Commissioner of Health. Any communicable ill- hess of such persons, or of any members of the household in which they live,’ shall immediately ‘exclude such persons ‘from possible contact with the milk, and the: nature ‘of the illness shall be im- ; mediately reported’ to the Commissioner of Health, and to the of Health, and at the expense of the producer, : Rule 4. .Selected Raw Milk shall not contain more ‘than 50,000 bacteria per cubic centimeter prior to delivery and shall be de- livered to the consumer within forty-eight hours after production. ‘Creaghan v. Balto., 132 Md. 442; Bala. v. Gamble, ~ Md. 473. Labeling City Code (1927), art. f6, sec. 66. Ord. 262 (1917-18), see. 59C. 29. All containers in which milk.or cream is offered for sale, sold or delivered in the City of Baltimore shall be Raa: labeled as follows, namely: | All containers of milk or cream which confoom to ‘the require- ments_.of ‘Standard Milk Pasteurized or Standard Cream Pasteur- ized/ @s defined by' Section 27 hereof, shali be %plainly labeled “Standard Milk Pasteurized”, if the contents of the container be _ milk, and “Standard Cream Pasteurized”, if the contents be cream, respectively, except :in cases of such containers which are properly - - labeled in conformity with the provisioris of Section 31 hereof; and all containers of milk or cream, which conform to the requirements of Selected Raw Milk or Selected Raw Cream, as defined .by Sec- otion 28 hereof, shall be plainly labeled “Selected Raw Milk”, if the contents of the container be milk, and “Selected Raw Cream”) if ‘ the contents be cream, respectively, except in cases of such _con- tainers which are properly labeled.in conformity with the provisions \ of Section 30 hereof; and all containers of milk. or cream which is below the requirements for the Standard’“Milk Pasteurized and _, Standard Cream Pasteurized, shall be plainily labeled “Below Stand- ard. Milk”, if the contents of the container. be milk, and _Beow ; ‘ . _ 20 eget Peat Standard Cream”, if the contents of the container be ,cream, re- spectively, or With such other mark or marks~as the Commissioner of Health may require én the. exercise of Pe conferred | th . . All containers of cream which contain less 18 per cent. of milk fat, shall be plainly labeled. with the percentage of: milk fat which such cream . -contains,, and containers of lhe cream, the milk fat content of which is as much as or more th3m 18 per cent. _ may, at the option of the dealer, be labeled with the percentage — of milk fat of such cream. All such containers shall be plainly labeled with the name of the » person or corporation selling the milk or cream, and if the milk _ or cream’ is pasteurized, the container shall be plainly labeled with the location of the plant in which the milk or cream has been pasteurized and the day of the week on which'such milk or cream was pasteurized unless the Commissioner of Health. shall, otherwise direct. : No person or persons shall hold, keep, offer for tele or deliver - for.consumption in the City of Baltimore any milk or cream bearing a any label other than that- hereinbefore provided -for, unless eek ; other label be approved by the,.Commissioner of Health, ‘and any labeling contrary to the provisions hereof, or failure. to Jabel in | accordance with the requirements hereof or any other violation of - the provisions ‘hereof, shall be a misdemeanor, punishable under . the provisions of Section 37 of this’ Article. 2 Tf, at any time hereafter, lettering or other’ designation of milk or cream fulfilling the requirements of this sub-title shall come into’ such general . use that, in the judgment of the Commissioner ,of: | Health, it would be desirable, in the interest of uniformity of desi; - cous nation, to substitute such: lettering or other designation for the i he: labeling herein required, hé is authorized hereby to do so... ~ | / - Creaghan v. Balto., 132 :Md. 442; Balto. v. Gamble, 132 Md. 473, . [. _ City Code (1927), art. 16, sel 67. Ord. .262: (1917-18); sec. 59D. eT; 30.. The Commissioner of Health. may permit the sale in the: City of Baltimore of raw milk or raw cream, bearing the label “Cer- tified Milk” or “Certified, Cream”, provided that, such milk or cream shall conform to and shall be handled in-accordance with all. the requirements of Section 28 of this Article, and in addition to these requirements shall conform to the requirements for Certified Milk and Certified Cream as provided in Section 27 of Article 58 of the Annotated Code of Maryland (1939 Edition). as the same was re-enacted by Chaptér 337 of. the Acts of the General Assembly of Maryland ‘of 1916, or which may be provided. | in any amendment thereof which may hereafter be made. —_- en Vv. Balto., 13% Md. 442; Balto. v. Gamble, 132 Md. 473. oar "Selected Milk Pasteurized and Selected ‘oe Pasteurized City Code (1927), art 16, sec. 68. Ord. 262 (1917- 18), sec. 59E. 31. The Commissioner. of Health may permit. the sale. i the | City of Baltimore of pasteurized milk or pasteurized cream, b aring. ek qt: the label, ‘ ‘dass ‘Milk Pasteurized”. or “Selected Cais Pasteur- ized”, provided such’ milk or: cream conforms with and is handled in accordance with all the requirements of Section 27 of this-Article, | . and in addition conforms with and ‘is handled in ‘accordance with *- - the following rules for “Selected Milk Pasteurized” or “Selected. Cream Pasteurized”, and, ‘further, conforms with such additional rules: and regulations as the Commissioner of Health may. 9 blish. Rule 1. This milk shall be milk solely from cows , amined and subjected to the tuberculin test and certified to be free from disease by a veterinarian designated or approved by the Com- missioner of Health. ‘The tuberculin test shall have been, applied in accordance with rules and regulations approved by the Commis- sioner of Health. All reactors shalt be removed immediately from possible contact with the ‘dairy herd and the premises disinfected -in accordance with the rules and regulations of the United’ States ‘Bureau of Animal Industry. The tuberculin testing of herds pro-— ducing Selected. Milk .Pasteurized or Selected Cream Pasteurized ‘shall not be required prior to January 1, 1919, but such herds shall - “be regularly subjected to physical examination for tuberculosis prior to that date. -Examination of the cattle and premises shall be made as often as may be required by the Commissioner of Health, and at least semi-annually; and all animals found to be diseased shall be immediately removed from possible tontact with the dairy herd, and if the nature of the disease is such as to justify it, the owner’ may be required to disinfect the’ premises in accordgnce with the Pan and regulations: of the United State Bureau of Animal In- _ dustry. - 3 | | Rule 2. All ‘persons employed i in or ious the barns, ‘or milk’ ‘house. or who, in any manner, come in contact with the milk | on - the farms on which such milk ‘or cream is produced, or in any place where such milk or cream is exposed or placed in any con- _tainers, shall be examined for communicable diseases as often as @ may be required by the Commissioner of Health. | Rule 3. This milk shall contain not more than 200, 000 batiesin 9” per cubic centimeter before pasteurization, nor more than 30,000 bacteria per cubic centimeter after pasteurization, prior to delivery. Rule 4. This milk and cream shall be distributed only by a per- » "son, firm or corporation having a permit issued by the Commis- , sioner of Health for the. sale of Selected Milk Pasteurized and Selected Cream Pasteurized. ‘Rule 5. - The building arid the pasteurizing ‘and Solitier appa- ratus and appliances used for the pasteurizing, handling, storing or bottling of Selected Milk Pasteurized or Selected Cream Pasteurized~ shall not be used for the pasteurizing, handling, storing or bottling of any milk or cream not conforming to all requirements for the . sale of Selected Milk Pasteurized and Selected Cream Pasteurized, provided, however, that the Commissioner of Health may permit. the pasteurization, handling; bottling and storage in the same build- .. ing and with the same apparatus and appliances, of Selected Milk aA ‘ \ 22 . au eee er yee ) ‘ . i ° oe ; . ps ‘ %, 6. . - . rl y 4 ‘a . on . ° 3 ° ‘ , a es : : : ' : : ‘ ; 3 ; : ee e on. oe” | . ° . e . . e Paateurived .and. Selected Cream Pasteutised: wie ‘Standard Milk Pasteurized and Standard Cream Pasteurized and Below Standard - - Milk or Cream when, in his opinion, the complete and continued, separation of the different classes of milk and. cream is assured. a Vv. Balto., 132 -Md. 442; Balto. Vv. Gamble, 132 Mid. 473. ' Below Standard Milk and Cream ; City Code (1929), art. 16, sec. 69. Ord. 262 (1917- 18), sec. 59F. 32... Milk or cream which’ for any reason is below the require- ments for Standard Milk Pasteurized. or Standard Cream ‘Pasteur- | ized, shall be known as Below Standard Milk or Cream, and such _ milk or cream may be kept, . offered: for sale, sold, delivered ‘or - used in the City of Baltimore only -by authority of the Commis- ‘sioner of. Health® and only for such purposes and in accordance with such restrictions and regulations as may be prescribed by him. “FY If. the Commissioner of Health shall «authorizé, any such ‘milk or sam ‘to be kept, sold, delivered or used for human food or for _ the manufacture of food products, the same shall be pasteurized - and handled ‘in the manner set forth in Section 27 hereof, and the - Commissioner \of Health may.require that such milk ‘or creamshall - ‘be heated, in the process of pasteurization, to such temperature, _ higher than that required by said Section 27, as he may prescribe. If the Commissioner of Health shall authorize any. such milk or “\. cream to be kept, sold, delivered or used for any purpose other EE human food, or‘the manufacutre of food products, he gall . man uire that such fail or cream be discelored or denatured in such © r as he may prescribe, to\the end that the sale,or use thereof for-human ‘food or in the manufacture of: food products ‘may be - prevented. ae Bei _ , Containers of: such milk or cream shall be labeled Below Stendaid Milk § or Below Standard Crearh, as required by Section 29 hereof, ‘or with such other mark. or marks as the soi sneone gid of Health may require. | = “9 ’ Provided -that the Commissioner of Health shall net permit the - sale of milk ‘or cream below the requirements ‘for standard milk pasteurized or standard cream pasteurized for, ordinary domestic ,. Consumption except under general regulations applicable to all: milk, “ , coming under the standard prescribed in such regulations.” *-. Creaghan v. Balto., 132 Md. 442; (i Balto. v. Gamble, 132 Md. 473. Gity Code .(1927), art. 16, sec. 70. Ord. 262 (1917-18), sec. 59G. 33. The bacterial counts required in this sub-title or which may _ * be required in any regulation of the Commissioner of Health issued in pursuance of this sub-title shall be determined by the taking of not less than five consecutive bacterial counts taken over a period _ of not less. than one week nor‘more than one month and the result of at least 80 per cent. of.such tests agreeing’ in conformity. or lack _ of conformity with the requirements of this sub-title or of such regulation of the Commissioner of Health shall determine the rating ~ . orgrade of the milk or cream respectively as to the matters so’tested of the dairy, dairy farm or milk“ plant from which such samples | ~ ‘ : : ; : a : be oF © come ‘en of the milk. and cream at handled, or sold therein ae or therefrom. | Ste : ———* Balto., 132 Md. 442; ‘Balto. v: Gamble; 132 Md. 473. estar Dairy Farm Permits City Code’ (1927), art. 16, sec. 71. Ord. 262 (1917- 18), sec. 59H. ie 34. No person shall bring or ‘send into, the City of Baltimore for ae -.* + gale any ‘milk or cream without aidairy farm permit from the Com- missiorier Of Health so to do,’ Application for said permit shall be made in writing upon a form prescribed by said Commissioner and shall be accompanied by such detailed description of the dairy farm_ . or dairy .where said milk or cream is produced or stored as said ‘Commissioner may require. The. filing of- the application for a dairy farm. permit shall be sufficient authority for the shipment of milk or creani until such .time as the Commissioner of Health shall | —~have had the dairy herd and premises of the applicant inspected | and shall have issued a,dairy farm permit to such applicant, or «shall have notified the applicant that such permit will not be issued, _ 4° ‘after,which the applicant shall cease to send milk or cream into the | ) City of- Baltimore. The dairy farm permit may be revoked at any time by the Commissioner of Health for failure to comply with the | ety requirements of this sub-title or with any rules or regulations that Yh may be issued by the Commissioner “of Health in accordance with “power. conferred upon him by law or ordinance. Dairy farm per- - mits shall expire one year fyom the date of issue. No dealer, per-. “son or corporation shall role; sell, offer for sale, expose for sale, / dispose of or exchange in the ity of Baltimore without the written . permission of the Commissioner. of Health milk or cream which _ . has been produced on any premises for which a dairy farm/permit | * -. has not been issued or applied for. Creaghan v. Balto., ane Md. 442; Balto. v. ‘Gamble, 132, Md. 473. ae “Gity Code (1927), art. 16, sec. 72. Ord. 262 (1917-18), sec. 59-I:. Pte | 35. No person ‘shall offer for sale, ‘sell, give, furnish, exchange ~ | . or deliver in the City of Baltimore any milk or milk product from ‘any cow or cows fed either in whole or in part upon swill, wet _ distillery waste, starch waste, or any substance or, mixture to which swill, wét distillery waste, or starch waste has been added, or upon any cannery refuse, ‘unless the feeding of said cannery refuse shall be specifically permitted by the written permit of the Health Com-. — missioner of Baltimore City, which said permit shall be good only. for the season when issued and which said permit may he revoked. in the discretion of the said Commissioner; provided however, that y nothing herein contained shall be’ construed as affecting, ‘nor as >prohibiting, nor authorizing the prohibition of, the offering for f- sale, selling, giving, furnishing,.exchanging or delivering i in the City of Baltimore any milk or milk product, ‘because the same is a ‘product from any cow or cows fed _— what i is commonly known as brewers spent grain. ae . | on ent v. Balto., 132 Md. 449. Balto. v.. -Gamble, 132 Mad. 473. @) b a } 74 24 3 City Code (1927), art. 16, sec. 73.. Ord. 262 (1917- 18),. sec. 59J. « 36. The Commissioner of Health shall have power to adopt. ‘such regulations as he may deem proper and necessary -to insure that all condensed milk, .condensed.cream, evaporated milk, evapo-- _ rated’cream, or other milk or cream products in Baltimore ‘City be prodiiced, stored, kept, distributed, retailed and delivered under | conditions rendering them suitable for.consumption as human food — -and rendering impossible the sale of any such products ‘as fresh _milk or cream. : / * Creaghan v. Balto., 132 Md. 440; Balto. v. Gamble, 132, Md. 473. - City Code (1927), art. 16, sec. 74. Ord. 262. (1917- 18), : sec. 59K: _ 37." Any person or persons who violate, disobey, neglect, or {e- - fuse to comply with any of the provisions of Sections 26 to 36, in- - clusive, of this Article“shall be fined not less than Twenty Dollars = ($20.00), nor more than One Hundred Dollars ($100.00), for each offense, and the milk or food products in the possession of any per- son.or persons so violating, disobeying, refusing or neglecting to comply with the provisions of this sub-title may be confiscated, ‘destroyed or denatured by the ‘Commissioner of Health-or any inspector or other representative of the Health Department of the _ City of Baltimore who. examines the same. : ¥ . Gity Code (1927), art. 16, sec. 75.. “Ord. 87 (1893-94), sec. 3. 38. It shall be the duty of the Commissioner of Health to carry out the provisions of this sub-title, and to make or cause to be made - inspections of: milk, meats, vegetables; fruits and fish; wherever. such articles are sold, kept, or offered for sale in thé City of Balti- more, and to obtain samples of milk and all other food products whose qualities are“to be determined by chemical or microscopical examination. . It ‘shall also be the duty of the Commissioner of ‘Health to make such rules and regulations as may be required under this sub-title for the better: protection of the health of the city. City Code (1927), art. 16, sec. 76.. Ord. 87 (1893-94), sec. 4. > \ 39. In order to provide for the additional duties imposed by this sub-title ypon the Commissioner of Health, there shall. be ap- pointed, as other city officers are appointed, a competent analytical chemist and three inspectors of food, who shall. be wnder the direc- ’ tion of the Commissioner of Health, and who must be bona fide © residents and registered voters of Baltimore City; the chemist shall . be a practical analyst and skilled in the chemical and microscopic examination of milk and other food products; he shall not be a member of or intérested in any trust, corporation or company deal-. ing in food products; he shall make such chemical and microscopi- = examinations as will be required under this sub-title, and will _ rt the result of all such examinations to the Commissioner of _. Yicaith; he shall be ‘age at the hearing and trials of all cases © wherein he has made an examination. His salary shall be Fifteen Hundred Dollars per annum. bias specific duties of aaiea food 25 ‘ts oo inspector + shail be determined by the Caines of: Health; the salary of each food ae aera shall be One ? Thpasaa. Dollars per annum. 7 25) - City Code (1927) art. 16: seer17.. Ord. 103 (1907-08), as 40. The Commissioner of Health and all other officers of the -Heéalth Department, and any inspector or police officer authorized © by the Commissioner of Health shall have the right and power to enter and haye full access to any: building, structure or premises _ where any milk or cream, or either of them, is stored or kept for sale, and ‘shall have the right of access to all. wagons, railroad cars or other vehicles of any’kind used for the conyeyance or delivery of milk and cream, or either of them,:and to any building, structure or premises where he believes or has reason to believe milk and cream, or either of them, is stored or kept for sale; and shall have the right to take samples of milk and cream therefrom (such samples not to exceed one quart): for, the purpose. of inspecting, - testing or analyzing the same. Any person or corporation refusing to allow such right of entry or access, or refusing to allow such ‘samples of milk and cream to be taken, or hindering orsobstructing -any officer named herein in carrying out the power conferred by. this section, shall be.fined not less than Five Dollars nor more than | ‘One Hundred Dollars for each ve é ‘City Code (1927), art. 16, sec. 78. Ord. 103 (1907-08), sec..61B. 41.. Every sample of milk. delivered to any officer of the Health Department. or inspector shall- have a label attached to the vessel, containing such sample, which shall have written thereon, at the _ time of the delivery of such sample, the number of the dealer’s permit, the number of the sample, the date of colléction and the name of the inspector or officer taking the same; and a memoran- | dum shall be made by the officer or inspector collecting such . sample, of the number of the sample, and. the;name of the owner - -- and driver from whom collected; and no conviction shall be had. - . of any person for selling or having in his possession adulterate milk as ‘in this sub-title defined, unless at ‘the time of taking the sample upon the evidence of which a conviction is asked, a dupli- cate sample properly sealed and marked for identification, shall — have been’ delivered to the person from whose - ‘possession such original sample was taken. Na paking samples, the milk in the re- ceptacle from which the same is taken, shall be so agitated as to 3 insure a fair mixture of t contents. ’ City Code (1927), art. \6, sec. 79. Ord. 87 (1893- 94), sec. 5. 42. The term food’ protluct, as used in this sub-title, shall be construed to mean any . natural or artificial product, ‘that with or without admixture, preparation or cooking, is intended to be taken ~ into the human stomach by way of food and not as a medicine; provided that alcoholic or fermented drinks shall not be classed as food products; also, that the term adulteration shall be construed . to mean any artificial addition to normal constituents; and the term sophistication shall be construed to mean the substitution of 76 ae one product for another, or any abstraction of or artificial change in the normal constituents, .provided that goods. canned according - to the rules of the Canned Goods Exchange of Baltimore shall not be considered sophisticated; and the term unwholesome shall be -construed to mean deleterious to health, or liable to introduce, _ Cause or increase ‘sickness, or impairment or derangement of func- tions of the human body by the temporary or continuous use of the unwholesome product; and the term impure shall bé construed to mean natural change or decomposition of normal constituents, or absorption of or commingling with. deleterious gases, liquids or solids; provided, that in a warrant, indictment, or legal paper or proceeding, the term.impure as applied to a food product shall be a good and sufficient description to the. térm adulterated, sophisti- - cated, unwholesome, unsound, tainted, rotten, partly decomposed, or impure, as used i in this sub- title, or of two or more of these terms. City Code (1927), art. 16, sec;-80. Ord. 87 (1898-94), sec. 6. ~ Ord. 130°(1893-94). . Ord. 62 (1903-04), sec. 43. Any person or persons who violate, disobey, es or re- fuse to comply with any of the provisions of Sections 38-42, shall ° be subject to a penalty of not less than Twenty Dollars ($20). nor more'than One Hundred Dollars ($100) for each offense; said fine to be collected as other fines and forfeitures are collected. | . . : ad City Code (1927), art. 16, sec. 81. Ord. 103 (1907-08), sec. 203A.° 44. No prosecution of any person. or corporation, on a charge of violating any law, ordinance or regulation relating to or govern- ing the sale of milk or cream in Baltimore City shall be had or | ‘maintained unless, at the initial stage thereof, such prosecution shall have been authorized and directed by the written order of the ° Commissioner of Health, signed by him or: by-an Assistant ,Com- missioner of Health, such wricten order to-be filed with the ae in the proceeding. — MEAT INSPECTION! City Code (1927), art. 16; sec. 82. Ord. 431 (1925- 26), sec. 1. “Ord. 492 (1928-29), -sec. 1. 45, | There shall be in the Department of Health of Raliiiore City, a Bureau: designated as “Bureau of Meat Inspection”, and for the proper conduct of said Bureau: and for the purposes hereini- after set forth, the Commissioner of Health shall °appoint such number of inspectors at such salaries as shall be authorized by the ‘ Board of Estimates of Baltimore City. The Chief of said Bureau shall be a veterinarian; licensed by the State-of Maryland, who has - had practical experience in the Bureau of Animal Industry, in the ‘Department of Agriculture of the United States, or an equivalent experience, in ante and post mortem examination of animals © slaughtered for human consumption, and in supervising the process 1Sections 45-59 (Ord. 431 of 1925- 26) held constitutional in Balto..v. Bloecher and Schaaf, *149 Md. 648. Affirmed by U. S. Supreme’ Court . ” . 48 Sup. Ct. ics 33. ve Feit - of manufacturing food peodiscsi thereof. The Chief em, and all other employees of the said Bureau shall perform such duties in said. Bureau or elsewhere in the Department of Health as may be assigned to. them from time to time by - the Commissioner of Health or by his duly authorized Deputy. 2 Gity Code (1927), art. 16, sec. 83. Ord. 431% 1925-26), sec. 2. Ord. 466 (1933- 34), Ord. 741 (1938-39), sec. 83. 46. No person shall sell, have, keep or expose for sale for human food, or have in possession, the flesh, meat and products, or meat food products. of any cattle, calves, sheep, swine or goats unless the -same shall have been slaughtered or prepared under the super- vision of the Bureau of Animal Industry, U. S. Department of Agri- culture or under the supervision of the Commissioner of Health in| accordance with the provisions of this sub-title, or the same shall bear the‘inspection legend or other official mark of identification _ of a Board of Health whose meat inspection standard is equal to . that. of and tecognized by the Commissioner of Health. Any#person, firm“or corporation establishing, maintaining or | operating any business as herein classified shall procure a license from the GCommissigner of Health and pay therefor an annual. fee, | ‘in advance, in accordance with the following schedule: : Class A—Slau ghterers “Sleagitien shall be construed to include any person, firm or corporation engaged in the business of slaughtering of food animals, . such as:cattle, calves, swine, sheep, lambs or goats, and also includ- | ae fe ny person, firm or corporation having*any of the above ‘entmerated’ animals slaughtered. for him, them or it in any plant . maintaining or operating a slaughtering business; including the ight of processing of meat and meat food products: including the ight. of furnishing cold storage and refrigeration’ on premises; anufacturing meat food products, packing for market; rendering. of edible fats'and inedible by-products; handling: and selling of | -, such products at wholesale and/or retail upon the premises where slaughtered and prepared, or at the place of business of any _ “person, firm or corporatién. sending the above-named animals to be slaughtered. , ‘The annual license. fee under this class shall be heen ‘on the ‘maximum fee’ for any one species slaughtered in each such estab- _ - . lishment, said maximum fee to be the only fee. collectible for each such establishment, as follows: Cattle— | | Hy ree _ Not exceeding ............... 200 head per annum........$ 60 Not exceeding «.........:.:.. 1,000 head per annum........ 120 NOt CXCCOCING ...... ” a . TIAL A new Bureati, to be known as the Housing Bureau, shall be ~ and it hereby ‘is established in the Department of Health, to which ~ shall be transferred all the: personnel, duties,erecords and pending cases of the office é6f Housing and Law Enforcement, formerly the Division of Housing ‘of he Sanitary Section. There shall be a Ne Mayor in the mode prescribed under Section 12 of the Baltimore Approval of the Board of sEstimates. In case any vacancy shall ~ occur in the office of the Director, whether by. déath, resignation or Director of said Housing Bureau, who shall be-appointed by the . ity Charter, and shall hold his office as therein provided. Said - | u_shall in. addition be staffed by an‘ Assistant Director and_ “” with such additional personnel as the Commissioner of Health may __ - from time to time appoint in accordance with law, subject to the ; : | : “> Whereas, experience in the City a Baltimore has demonstrated that slum and blighted ‘areas result in’ large“measure from improper inaintenance of » ~ ‘dwellings, inadequate sanitation, over-crowding of dwellings: and general community neglect in these areas and nt oes ~ “Before granting the original license the Commissioner of . Health shall require each application: to be endorsed by four ’(4) - reputable citizens and as far as possible thereafter a record shall be kept by the Commissioner of Health, baséd upon such information _ as shall be obtained by agents or inspectors of the Department of | - Health and/or from other sources, containing the full name and -. address of each infant or child received, the date of its birth, the ' date of its ‘reception, and in case of a change i in address, the date and place of its removal. EES Ord. 984 (1929- $0) f sec. 3 19. Before issuing said original license the home or institution of each applicant shall. be visited by. an _agent or inspector of the: Commissioner of Health, and a full investigation made as to the sanitary conditions, accommodations, the ability and fitness of the - applicant to take charge of infants and young ‘children, and such other information bearing on the subject as in the opinion of the’ ae Commissioner of Health may be necessary Or desirable shall be ob- _-~ stained, and thé agent’s or inspector’s report and recommendation: - may bea basis for granting or rejecting the application for such _ license. The Commissioner-ofHealth- may also base his. action in granting or rejecting the application: for any renewal of such license upon information received from any. agent or inspector of ) _the Commissioner of Health as-to the sanitary conditions, accom- ‘modations, the ability and fitness of the applicant to: take charge . of infants and young children, and such other information, bearing —~ . on the subject (as revealed by the agent’s or in inspector’ s report and recommendation, or as‘may come to the notice of said Commis- _sioner of Health) as he may deem relevant. Em: : . Ore. 984 (1929- 30), sec.. 4. a Any midwife, ‘any’ person, any corporation and any home or institution not duly incorpoyated for such purpose, who or which . ‘ shall receive or board an infant or ‘child under three (3) years of age ‘with a view to compensation without: being in possession of such license, shall be deemed guilty of misdemeanor, and upon con- viction thereof shall be o oom Twenty-five Dollars ($25.00) and costs for each and every @fense, one-half of the said fine to be paid to the informer;! and upon failure to pay the fine imposed and the (aes of the. proceedings, the person or persons so convicted shall. 46— o be committed by the Court: or justice who imposed such’fine, to“ the City Jail for‘a period not less. _than ten ( 10) days, nor more ~ than thirty (30) days. 4 Informezs fees abolished by’ Sec.::3 of Art. 38 of the An. Code of | Md. wat: Ed. ) ee ale | : 4a Ord. 984 (1929- 30). sec.. 5. ; 81. The provisions of this sub-title shall in. no * way’ be re- garded .as applying’ to. such persons or homes as may be recom- mended by the Department of Welfare of. Baltimore Mat. . | MORGUE City Code (1927), art. 16, sec. 324: 1893,art. 23, sec. 199. Ord. 156, July 9, 1890. Ord. 571 (1946-47); sec. 324. 82. The city shall maintain a building to bé used as a morgue for the reception and preserving for identification of the.bodies of unknown persons dying within the limits of the City of Baltimore, and such other bodies ‘as may be directed to be placed therein by the Chief Medical Examiner, or his representative, of Baltimore ‘City, except the bodies which may be so far decomposed as to. be beyond the probability of recognition. . = ty Code (1927), art. 16, sec. 325. . 1893, art. 23, sec. - 200. Ord. 156, July 9; 1890. 83. All ‘Haidtes: not identified and claimed shall remain in — | morgue or dead-house for at least one day, or for such a length of time as the Commissioner of, Health may deem proper and neces- ‘_ sary. . In the erection of said morgue such arrangements shall be — made as may be deemed. necessary for the’ proper ahasih aid of © the bodies. : , City’ Code (1927), art 16, sec. $26. 189, art. 23, ‘sec. 201. At Ord. 156, July 9,' 1890. Ord. §71 (1946-47), sec. 326, - 84. A room shall be provided in said morgue for the preserva- tion of the clothing and effects for purpose of identification of all deceased persons buried therefroni, which clothing and effects shall be carefully numbered and retained for twelve months, after which _ time it shall be disposed of i in accordance with the provisions of law. City Code (1927), art. 16, sec.°330. 1893, art. 23, sec. 205:. " - acta : City Code (1927.), art. 16, sec. 137. Ord. 184 (1906-07), sec. .10. 96. The.owners, and in their absence, the agents of owners of all premises, lots, squares and parks in the City of Baltimore, shall ——«s—- be liable for violations of the provisions of Sections-87,-90,9t and -> We tic et ee |e 93 of this Article, except in cases whee, without the knowledge of such owner or agent, the tenant of or lot, square or park shall violate the provisions of this sub-title, in which event such tenant or trespasser shal be liable for such viola- tion; when the premises are vacant, or are. occupied jointly by the {is a eae a at = owner and his tenants or sub-tenants, the. owner, or in his absence, ; his agent, shall be liable for violations of Sections 88, 89, 92 and — 94 of this Article. The tenants or occupants of all premises, lots, etc., shall: be liable for violations of Sections.88, 89, 92 and 94 of this Article, and in the case above gh cee gate for. violations of Sec-— tions 87, 90, 91 and 93° thereof. | “City Code (1927), art. 16, sec. 138... Ord. 184 (1906-07); sec. 11. 97. Any person who shall violate any provision or section of - this sub-title, shall be punished by a fine of not. more than ten ($10) dollars: Each and every day of failure to comply with any - of the provisions of this sub-title shall constitute a acparate offense and be punished as such.’ City Code (1927), art. 16, sec. 139. Ord. 2 (1915- 16), sec. 1. 98. In order to get rid of the discomfort and annoyance and danger ‘to health from mosquitoes, send re regulations are . hereby ordained: It shall be the duty of the Sanftary Engineer ond his Assistants -and employees, to perform the duties imposed upon him by Sections 98-105 of this Article and it: shall’ be. the duty of all owners and, agents having charge of property within the limits of the City of . Baltimore, and all tenants and occupiers ‘of any land and premises within the city limits to obey the said’ regulations, as follows: It shall be unlawful to have, cause, maintain or permit within: et municipality of Baltimore, any collection of standing or flow- water in which mosquitoes breed, or are likely to breed, unless ret collection of water is treated so as to effectually prevent men . breeding. City Code (1927), art. 16" 96 sec. 140. Ord. 2 (1915-16), sec. 2. 99. The collections of water referred ‘to in Section 98 of this Article shall be held to be those contained in ditches, gutters, rain gutters or roof gutters, ponds, pools, excavations, holes, depressions, open cess-pools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs (except horse trough$ in. frequent use), ums, cans, boxes, bottles, tubs, buckets, or other similar containers. - City Code (1927), art. 16, sec. 141. Ord. 2 (1915- 16), sec. 3: 100. The methods of treatment of the collections of water specified i in Section 99 so as to prevent breeding of mosquitoes. shall _ be any one or more of the following: net (a) Screening with “wire netting or at least 16 ssiies to the “inch” each \ way, or any other material which will prevent the in- gress or oe of mosquitoes. 7 es e a ___(b)-Complete emptying every 7 days, ? » ; : : 101 as oo 51 or at shorter periods, —. ” Waecreened containers. (c) Using a larvicide approved and pplied under the direction. of Dr. Henry R. Carter, Assistant Surgeon Genetal of the United. States; or any one deputized by him for that purpose. (d) Covering completely once every 7 days the surface of the water with kerosene, petroleum or paraffine oil in. sufficient quanti- : ~ ties to.remain covered at least 12 hours each time. (e) Cleaning and keeping sufficiently free of vegetable, susie: and other obstructions, and stocking with mosquito destroying fish; a absence of halfgrown.or larger mosquito larvae to be .evidence -- compliance with this measure. | (f) Filling or draining to the tistecton of the ‘Sanitary Engi- i neer of Baltimore eee or any one — by him for that pur-, _ pose. ae eee Se (g) The removal’ of tin cans, tin — broken or empty ‘bottles and similar articles likely ‘to hold water, at least. once every, 7‘ days. If not removed they must be sO completely destroyed as not to _ es able to hold water. ¢ Sok z nee : Soa City Code (1927), art. 16, sec. 142. Ord. 2°(1915-16), sec. 4. 101. The natural presence of mosquito larvae in standing. or running’ water shall be evidence: that mosquitoes are breeding there, | -and failure by’ the‘owner or occupant of the premises to prevent such breeding within ‘five days after notice from the Sanitary ioe neer, aa be deemed | a violation of this ordinanet. . - City Code (1927), art 16, sec. 143. Ord. 2 (1915-16), gece... 5,; _@ 102. Should the person or ‘persons responsible for conditions * giving rise to the breeding of mosquitoes, fail or refuse to’ take necessary measures to prevent the same within ten days after due -* -notice has been received, the Sanitary: Engineer is hereby authorized to do so, and all necessary, costs incurred by him shall be a charge — the Property owner or r other person offending, as the case may City Code pane it we 1, OS (1915-16), « ema te 103. The Sanitary’ Engineer and _the-Police Department shall: enforce the provisions _ of Sectioris 98-105 of this Article, and: for premises within: the limits of Baltimore City, and any person or — persons/charged with any of the duties ‘imposed by Sections 98-105 failing, within. the time designated by said sections or within the time stated in any notice served in. pursuance hereof, as the case may be, to perform such duties, shall be deemed guilty of a viola- tion of said sections, and each day after the expiration of such time that said person fails to comply with said sections shall be deemed this ise il may.at all reasonable times enter in and upon any oe separate violation of said sections. : sa . XS nee ¥ . | - “9 ae City Code (1927), art. 16, sec. 145, Ord. 2 (1915-16), sec. 7 104. The owner of the premises, and in his absence, the agent likely to give rise to, breeding of mosquitoes, providing any tenant, trespasser or, other. persons causing said conditions without the knowledge or consent of the owner or agent shall be held ‘respon- . sible. Ged Code" (1927), art. 16,+sec. 146. Ord. 2 (1915-16), sec. 8, 105. Any person who shall violate any provision of ‘Sections. “of the owner, shall be held under Sections 98-105 to be responsible - ‘for the prevention or correction of conditions giving: rise to, or 98-105 of this Article shall on each conviction be subject to a ~ penalty of not less than one-nor more than ten, dollars, to be col- lected as other penalties imposed by ordinance, and the payment . . of any costs incurred under Section 102 hereof. NUISANCES AND THE PREVENTION OF DISEASE: © _ “City Code (1927), art 16, sec. 147. 1879, art. 23, sec. 14: - 1893, art. 23, sec. 23. Ord. 561 (1946-47). 106. It shall- be the duty of the Commissioner of Health to.. inspect or cause to be inspected all the streets, lanes, alleys, wharves, and all other places he may deem necessary, and to enforce all laws and ordinances having any relation to health, and to remove or ‘cause to be removed all nuisances. : peti 4 -City Code (1927), art. 16, sec: 148, 1879, art. 23, sec. 15. 7 1893, art. 23, sec. 24. Ord. 57 (1903-04). -~ 107.. It shall be the duty of the Commissioner of Health to carefully inspect all lots, grounds, suspected ¢ellars, premises, pos- sessions, streets, lanes and alleys within the City of ‘Baltimore; and whenever he shall be of opinion that any of said lots, grounds, sus- . pected cellars, premises, possessions, streets, lanes and alleys within the city are in a state of nuisance, or in such a condition that in. warm or unhealthy seasons a nuisance may be thereby created and the health of the citizens endangered, it shall be his duty, and he is hereby directed, to nptify the owner or owners, occupier or occu- piers, of such lots, grounds, suspected cellars, premises and posses- sions, and the. owner or owners, occupier or, occupiers, of the prop- erty fronting on, such streets, lanes and alleys, his, her or’ their agents, to have said nuisance, or cause of said nuisance, removed and abated within the time and in the manner prescribed in said - notice; and if the said owner or owners, occupier or ocdupiers, his, her or their agents, shall neglect or refuse to comply with the terms warehouses, cellars, yards, lumber yards, lots and ‘docks of the city, _ of said ndffte, the said Commissioner, upon the- expifation of the . time set out in the notice, is hereby directed and empowered to remove the said nuisance, or cause of said: nuisance, at the ex- pense of said owner or owners, occupier or occupiers; and the cost 1°As to- what constitutes a nuisance, see King v. Hamill, 97 Md. 103. See 11, of City Charter (1949. Ed.). “also Block v. Balto., ‘149 Md. 39,.and digest of casessunder sec. 6, sub-sec. ~ . \ , ed ‘2 - 4 Gio RS a : : ees 4 of removing said nuisance,’ or cause of said nuisance, may\ be: re- covered by the said Commissioner in the.name.of the .May(r. and . City Council of Baltimore from the said owner. or owners, occupier er occupiers, by suit if necessary; and, in addition thereto, the said owner or owners, occupier or occupiers, who shall” neglect ‘and _ refuse to comply with the terms and. conditions of said notice, shall ‘- be guilty of.a misdemeanor, and upon conviction shall be subject to x fine of not less than Ten Dollars ($10),:nor more than One. Hundred Dollars ($100).. - Ware ON te Mayor v. Hughes, | G. & J. 480; Canton Co. v. State, 126 Md. 352; King v. Hamill, 97 Md. 103. ae ee Ae, | City Code (1927), art. 16, sec. 149. 1879, art. 23, sec. 16. : \'. +1893, art. 23, sec. 25." « wR Poe -108. In case no agent, occupier or owner can be found on whom to serve such notice, the said Commissioner is hereby author- ized after giving, five days’ public’ notice in one or more of the daily newspapers published in the city, to have any nuisance or cause of nuisance removed at.the expense of the.city in the first instance, and the Treasurer shall keep an actount of the expenses incurred, to be recgvered’ from the owner when ascertained and - found. ae Gis 3 : **.. Tenement Houses | City Code (1927), art. 16, sec. 154. 1893, art. 23, sec. 30. Ord. 79, June 4, 1886. ~~ €, OF keeper of any tenement, boarding or- 109. No owner, lesse € lodging-house shall cause, or allow the same to be over-crowded, or cause or allow too great a number of persons to dwell, be, or sleep in any such house, or portion thereof, as thereby to cause any danger or detriment to life or health. . | City Code’ (1927), art. 16, sec. 155. 1893, art. 23, sec. 31. Ba aie Scr _ Ord. 79, June 4, 1886. BAe ei 9 110. _ Every tenement or loadging-house, and every part thereof, . shall be kept clean and free from any accumulation of filth, gar-— bage, or other matter, in or on the same, or in the yard, court, area, _ passage or alley connected with or belonging to the same; the owner or lessee of any lodging or tenement house shall thoroughly ‘cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, and privies, to the satisfaction of the Commissioner of Health, as often as shall be required by said Commissioner, and. shall also whitewash the walls and ceilings thereof at least once in each year. . Bae te Vac Se pep at ys Se SA 2A City Code (1927), art. 16, sec. 156. 1893, art. 23, sec. 32. Ord. 79, June 4,. 1886. |. ; ig 111. Any person or persons, ‘owner or owners, agent or lessee, ' of any tenement or lodging-house violating any of the six preced- ing sections, shall be subject to a fine or penalty of Twenty Dollars, © _and a further fine of Five Dollars for every day thereafter that he, or she, or they, neglect to comply therewith. -— Ree he? 3 TE NO Sind (104 HHYGIENE OF, HOUSING ~~ Ord. 384 (1940-41), sec. 156A. Ordy 902 (1942-43), sec. 156A. 112. Every dwelling and every part thereof shall be kept clean _.- - and free from any accumulation of dirt, filth, rubbish, garbage or: similar matter, and shall be kept free from vermin or rodent in- ’. festation. - All ‘yards, lawns and courts shall be.similarly keft clean . and free from rodent infestation. It shall be the duty of each occu- pant of a dwelling unit to keep-in a clean condition that portion - of the property which.he occupies or over which he has exclusive © ~ control.’ If the occupant shall fail to keep his portion of the prop- - erty clean the Commissioner of Health may send a written notice . to the occupant to abate such nuisance within the time specified in | said notice; provided, however, that.when in the opinion of the Commissioner of Health such nyisance constitutes an actual menace © . to health he shall proceed forthwith to cause such nuisance to be . _- abated. Failure of the octupant to comply with such notice shall ‘be deemed a violation of this sub-heading and upon conviction the : _ occupant shall be subject to. the pena or penalties herein pro- ° .. vided. It‘shall be unlawful for any person wilfully or maliciously to de- posit any material in any toilet, bath tub, sink or other plumbing - fixture which may result in the obstruction of any saintary sewer. This liahility:on the part of the occupant shall ‘not, relieve the. _ owner of the responsibility of cleaning any’ resultant: chokage but | shall subject the occupant to the penalties of this sub -heading. upon proper. proof, of, such wilful or malicious act. 3 ee Ord. 384 (1940-41), sec: 1568. : : 113. Every dwelling and every. part thereof shall be itatitned . in. good repair by the owner or agent, and fit for human habitation. The roof shall be maintained so as not to leak, and all rain water | "~ shall be drained and conveyed therefrom SO as not to cause damp- ~ hess in the. ‘walls or. canner Ord. 384 (1940- 41), sec, 156C. Ord. 902 (1942-43), sec. 156C. ; 114. Whenever any dwelling, or any building, structure, exca- vation, business pursuit, matter, condition or thing in or about a - dwelling or the lot on which it is situated, or the plumbing, sewer- ‘age,glrainage, light or ventilation thereof, is found by the Commis- sioner of Health to be dangerous or detrimental to vife or health,. > -the Commissioner of Health may order that the matter,’ ‘condition ‘or thing be removed, abated, suspended, altered or. otherwise im-. proved, as his order shall specify. If any such order of the Com- “missioner of Health, issued under the authority of the provisions “ef this section, is not complied with within. ten days: after the service thereof, or within such shorter time as he may designate as being necessary under the circumstances, then such order may be - * executed by said Commissioner of Health through his officers, agents, employees or contractors, and the expense incurred incident -to said order shall be paid by the owner of said property,-and until so paid shall be a lien st the realty and recoverable as other liens “ee , ae Pa on realty in Baltimore’City, or he may order the premises vacated Bicid provided, however, that when in the opinion of ‘the Commissioner — of Health such matter, condition or thing is in’a state of’ nuisance. — which constitutes ari actual menace to health he shall proceed forth- with to ‘cause such nuisance to be abated, but in no case shall, a- . lien attach to the property unless a notice, as hereiribefore provided, * has. been issued. @ “Ord. 384 (1940-41), sec. 156D. 115. Before » proceeding to execute such order; -the Commis-» sioner of Health shall post a notice on the front of the: building, stating that since such order ‘was not complied with within the. - time mentioned in said notice, the Commissioner ’of Health ‘will. | proceed to execut [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386409_0153%3A1. Public record. Not legal advice.