Sec. 11-1.  Board of health. 

 

There is hereby created a board of health which shall have the composition and functions required by Reissue Re­vised Statutes of Nebraska, 1943, section 16-238.  The board of health shall keep a record of all of its transactions, which records shall be filed with the clerk and made a public record of the city to be accessible to the public for inspection in the office of the clerk during the hours said office is open.

 

Source: Code 1962, § 2-1-2

State law reference-Board of health required, R.R.S. 1943, § 16-238.

 

Sec. 11-2.  Contagious disease control.

 

In every case of a contagious infectious disease, it shall be the duty of the attending physician, and the head of the family in which such diseases exists, to keep the house purified by dis­infectants and to take all reasonable precautions and to exer­cise such care as may be necessary to prevent the carrying or spreading of such disease.  In case of the neglect or failure of compliance with the provisions of this section, the physician shall cause the disinfection of such house in such manner as to prevent danger therefrom.

 

Source: Code 1962, §§ 2-1-3--2-1-5

 

Secs. 11-3--11-15.  Reserved.

 

Sec. 11-16.  Established.

 

There is hereby established a health division.

 

Source: Code 1962, § 3-4-1

 

Sec. 11-17.  Service charges.

 

The health division may charge fees for laboratory serv­ices and such other services as it may render.  A schedule of fees shall be kept on file at the clerk's office.

 

Source: Code 1962, § 3-4-6

 

Secs. 11-18--11-30.  Reserved.

 

Sec. 11-31.  Definitions.

 

As used in this article the term "swimming pool" shall mean any artificial basin of water which has been wholly designed, modified, improved, constructed or installed solely for the purpose of public swimming.  This definition shall not apply to pools at private residences intended for the use of the owner and guests and without charge for such use.  Class A pools shall consist of pools operated by the city.  Class B pools shall consist of pools operated by entities such as hotels, motels, apartment houses and YMCA's which serve as ad­juncts or additional services to the main facility.

 

Source: Code 1962, § 5-22-1

 

Sec. 11-32.  Inspections.

 

The health division shall conduct such inspections as it deems necessary to insure compliance with all provisions of this article and of Article 43 of Chapter 71 of the Reissue Revised Statutes of Nebraska, 1943, as now or hereafter amended, and rules and regulations promulgated thereunder.  The health division shall have the right of entry at any reason­able time to the swimming pool and accompanying facilities for this purpose.

 

Source: Code 1962, § 5-22-5

 

Sec. 11-33.  Closing.

 

If and when the duly authorized representative of the health division upon inspection and investigation of a swim­ming pool considers that the conditions are such to warrant prompt closing of such swimming pool until the provisions of Article 43 of Chapter 71 of the Reissue Revised Statutes of Nebraska, 1943, as now or hereafter amended, or of the rules and regulations promulgated thereunder are complied with, the department shall notify the owner and operator of the swimming pool in writing to prohibit any person from using the swimming pool.

 

Source: Code 1962, § 5-22-4

 

Secs. 11-34--11-45.  Reserved.

 

Sec. 11-46.  Generally.

 

No person shall operate or maintain a swimming pool un­less he has applied for and obtained a permit to operate such pool from the health division.  The permit shall be valid for one year thereafter unless otherwise suspended or revoked for cause, and must be renewed annually.  The permit shall be conspicuously posted on the pool premises.

 

Source: Code 1962, § 5-22-2

 

Sec. 11-47.  Fee.

 

The annual fee for the permit required by the provisions of this division shall be as set forth in Section 2-5 of this Code for all Class B pools.  All fees are payable to the clerk and no fees will be refunded.  No fee shall be required for a permit on any pool owned or operated by the city.

 

Source: Code 1962, § 5-22-3; Ord. No. 3088, § 10, 9-7-82; Ord. No. 3209, § 12, 5-7-84; Ord. No. 5135, § 8, 9-7-10

 

Sec. 11-48.  Expiration.

 

All swimming pool permits shall expire on April 30 of each year.

 

Source: Ord. No. 3088, § 11, 9-7-82

 

Sec. 11-49.  Denial, suspension or revocation.

 

(a)   The health division may deny, suspend, or revoke any permit for construction or operation of a swimming pool for failure to comply with any of the provisions of Article 43 of Chapter 71 of the Reissue Revised Statutes of Nebraska, 1943, as now or hereafter amended, or any of the provisions of the state rules and regulations adopted thereunder or in cases where the permit has been obtained through nondis­closure, misrepresentation or deliberate misstatement of a material fact.

 

(b)   Before a permit is denied, suspended or revoked the applicant or the person to whom the permit has been issued shall have notice in writing enumerating instances of failure to comply with such state law or the rules and regulations or of the nature of the invalidity of his original application for a permit.  If the permit is denied, suspended, or revoked, he may request a hearing before the council.  On the basis of such hearing the council shall affirm or reverse such action.

 

(c)   The denial, suspension, or revocation of the permit shall terminate and the permit shall not be issued or re­issued, as the case may be, except upon proper application and upon the presentation of evidence sufficient to show that the deficiencies and the unsafe or unsanitary conditions re­quiring such denial, suspension, or revocation have been cor­rected.

 

Source: Code 1962, § 5-22-4