HomeMy WebLinkAboutOrdinance - 2758-1959 - Amending City Code By Adding A New Article,Article V Chapter 15 - 04/09/1959JWF:wc
·I·•; .Y ORDINANCE NO. 2758
AN ORDINANCE AMENDING THE LUBBOCK CITY CODE BY ADDING A NE
ARTICLE, BEING ARTICLE V, TO CHAPTER 15 THEREOF, SO AS TO REQUIR
EVIDENCE AS TO NURSING HOME PATIENTS' HEALTH TO BE GIVEN TO THE
CITY HEALTH OFFICER AND PROJUBIT ADMISSION OF PATIENTS TO NURSI
HOMES UNTIL THE CITY HEALTH OFFICER IS FURNISHED EVIDENCE THAT
SUCH PATIENTS ARE FREE FROM INFECTIOUS AND/OR CONTAGIOUS DISEAS
PRESCRIBING A PENALTY; DEClARING AN EMERGENCY AND THE EFFECT!
DATE OF THIS ORDINANCE AND PROVIDING FOR PUBliCATION.
WHEREAS, Rule 17 of the "Sanitary Code for Texas11 (being Article 4477,
.V.A. C. S.) authorizes local health authorities to take additional restrictive measu es
"in matters of public health when the necessity arises,., more especially in the mor '
densely populated cities and towns; and,
WHEREAS, the City Health Officer of the City of Lubbock has recommended
that additional restrictive measurers be adopted to regulate the admission of
patients to nursing homes in order to prevent the spread of infectious and/or con-
tagious diseases; and,
WHEREAS, the City Commission finds that the City of Lubbock is a densely
populated city and that such additional restrictive measurers are needed to correc
conditions which imperil the health, safety and general welfare of the citizens of
the City of Lubbock, which creates an emergency; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the existing Lubbock City Code and revised L11bbock City
Code (which becomes effective April 27, 1959) is hereby amended by adding a new
~ article to Chapter 15 thereof which shall read as follows:
11Chapter 15
Health and Sanitation
Article V. Admission of Patients to Nursing Homes
Sec. 15-38 DEFINITIONS:
Nursing Home. The term nursin~ home means an institution
as defined in Vernon's Texas Civd Statutes, Art. 4442 c., Sec. 2.
Patient. The word patient means any person who is furnished
food and shelter in a nursing home and, in addition, is provided
with minor treatment or services which meet some need beyond
the basic provision of food, shelter and laundry.
Sec. 15·39 EVIDENCE TO BE FURNISHED HEALTH OFFICER:
It shall be the duty of the proprietor, manager and/or an employee
of every nursing home to give satisfactory evidence to the City
Health Officer, that all patients of said nursing home·are free
from infectious and/ or contagious disease within ten days after
the effective date of this ordinance. Such evidence shall include
a chest x-ray which excludes the existence of pulmonary tuber-
culosis. The City Health Ofiicer is hereby authorized in his
discretion to order the removal of any patient from a nursing
home who is found to have a contagious and/ or i nfectious disease
to protect the other patients of the nursing home.
Sec. 15-40. ADMISSION OF PATIENT:
It shall be unlawful and a misdemeanor for any proprietor,
manager or employee of a nursing home or any person, firm
or corporation possessing or owning any right, title. or interest
in a nursing home, to in any manner suffer, permit, or allow
the admission of a patient to a nursing home until satisfactory
evidence has been furnished to the City Health Officer that such
patient is free from infectious and/or contagious diseases. Such
evidence shall include a chest x-ray which excludes the existence
of pulmonary tuberculosis.
Sec. 15-41. PENALTY:
Any person, firm or corporation violating any provision of
this article shall upon conviction be fined in any sum not to
exceed TWO HUNDRED AND N0/100 ($ZOO. 00) DOLLARS. 11
SECTION Z. The fact that the possible spread of infectious and contagious
disease imperils the safety and health of the citizens of Lubbock which creates a
necessity for declaring this ordinance to be an emergency measure, this ordinanc
is hereby enacted as an emergency measure and the rule requiring two readings
thereof is suspended, and this ordinance shall take effect immediately after its
passage.
SECTION 3. The City Secretary shall cause the publication of this ordinance
once a week for two consecutive weeks. in a newspaper regularly published in the ..
City of Lubbock.
AND IT IS SO ORDERED
On motion of Commissioner Casey , seconded by
Commissioner Max·ey , the foregoing emergency ordinance
was unanimously passed by the City Commission this 9th day of -·
Apr 11 , 19 .12...· , by the following vote:
Commissioners voting "AYE": Commissioners Thompaon ,Maner,Casey,Haxey,
and Mayor Baker
Commissioners voting "NAY": None ·
-~+.• ;.=-~ .D .. -______ _
La ema Lowe, ~tary-Treasurer
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