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8 2646. HIGHWAYS IN CHARGE OF SUPERVISORS.

Whenever any of the highways of a county have been constructed or improved under the provisions of an act entitled "An act providing for the laying out, constructing, straightening, improvement and repair of main public highways in any county, providing for the voting, issuing and selling of county bonds and the acceptance of donations to pay for such work and improvements, providing for a highway commission to have charge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporate limits and to issue and sell bonds therefor,” approved March 19, 1907, and all acts amendatory thereof or supplementary thereto, the board of supervisors of said county shall have the charge of the maintenance and repair of said highways and may employ a superintendent or inspector to have charge of the repairing and maintenance of all of said roads under the orders and direction of said board, and may employ such workmen and purchase such materials, equipments, tools and appliances as may be necessary to maintain said roads and keep them in repair, the cost of such maintenance and repair to be paid out of the general fund of the county. Nothing herein contained shall prevent the board from having any such work of repair or maintenance done by contract under the provisions of section two thousand six hundred forty-three, if they deem it advisable. At the option of the board of supervisors, expressed by resolution, the provisions of this section shall apply to such highways of the county as may be specified in such resolution, constructed or improved under the provisions of subdivision ten of section two thousand six hundred forty-three of the Political Code, and paid for out of the general fund of said county.

History: Enacted March 9, 1911, Stats. and Amdts. 1911, p. 318; amended April 16, 1917, Stats, and Amdts. 1917, p. 137. In effect July 27, 1917.

ARTICLE VI.

LAYING OUT, ALTERING AND DISCONTINUING ROADS.

$ 2697. Petition to abandon highway. 8 2697. PETITION TO ABANDON HIGHWAY. Any ten freeholders, two of whom must be residents of the road district in which some part of the property affected is situated, and who are taxable therein for road purposes, may petition the board of supervisors in writing to vacate, discontinue, abandon and abolish any public highway, road, street, avenue, alley, lane or place, or any part of any such road, street, avenue, alley, lane or place.

History: Enactment approved June 9, 1915, Stats. and Amdts. 1915, p. 1333; amended March 23, 1917, Stats. and Amdts. 1917, p. 24. In effect July 27, 1917.

ARTICLE IX.

PERMANENT ROAD DIVISIONS.

$ 2745. Road divisions, formation of.

8 2745. ROAD DIVISIONS, FORMATION OF. Any portion of a county not contained in a permanent road division may be formed into a permanent road division under the provision of this act, and when so formed shall have the powers herein enumerated and such as may hereafter be conferred thereon by law;

[Municipal corporation may be included in road division.) provided, that a municipal corporation for the purpose of this act shall not be considered a permanent road division and may be included therein.

History: Original section, relating to road divisions, enacted March 12, 1872, and repealed February 28, 1883, Stats. and Amdts. 1883, p. 5. A new section March 13, 1901, Stats. and Amdts. 1900-1, p. 277, and repealed and the present section enacted March 19, 1907,

Stats, and Amdts, 1907, p. 635. Kerr's Stats. and Amdts. 1906-7, p. 154;
amended April 19, 1917, Stats. and Amdts. 1917, p. 144. In effect July 27,
1917.

§ 2853.

1. In general.-As to the facts of an exclusive franchise within the meaning of the law, and especially within this section, which forbids the erection and operation of a second toll-bridge or ferry unless, etc. See Vallejo Ferry Co. v. Solano Aquatic Club, 165 Cal. 255, Ann. Cas. 1914C 1197, 131 Pac. 864.

constructing and operating wharves for its own business, without authority from the board, at places where the railroad extends to navigable water, where such wharves are necessary for the successful operation of the road. It was intended to give the board of supervisors discretion to grant an additional franchise to such railroad, enabling it to carry on a public wharf and charge tolls thereon, where the board finds that such public wharf is necessary to the railroad franchise, and it was not intended to forbid the railroad from maintaining wharf for its own purposes without the additional authority to be granted under this section by the board of supervisors.Vallejo & Northern R. Co. v. Reed Orchard Co., 169 Cal. 545, 147 Pac. 238.

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$ 2921.

1. Purpose of statute.-Clearly it is the purpose of this section to authorize the board of supervisors to grant franchises for public wharves to be used by the public generally in consideration of the tolls to be exacted. There is nothing in the section which prohibits a railroad company from

TITLE VII.

GENERAL POLICE OF THE STATE.

CHAPTER II.

PRESERVATION OF PUBLIC HEALTH.

ARTICLE I.

STATE BOARD OF HEALTH.

8 2979a. Duties of coroner regarding contagious diseases. 8 2984. Local boards of health to enforce rules made by state board of health. [Reports

to state board.] 8 2979a. DUTIES OF CORONER REGARDING CONTAGIOUS DISEASES. It is the duty of each coroner, and of every county, city and county, city or town health officer, knowing or having reason to believe, that any case of cholera, plague, yellow fever, malaria, leprosy, diphtheria, scarlet fever, smallpox, typhus fever, typhoid fever, paratyphoid fever, anthrax, glanders, epidemic cerebrospinal meningitis, tuberculosis, pneumonia, dysentery, erysipelas, uncinariasis or hookworm, trachoma, dengue, tetanus, measles, German measles, chickenpox, whooping cough, mumps, pellagra, beriberi, Rocky Mountain spotted (or tick) fever, syphilis, gonococcus infection, rabies, poliomyelitis, or any other contagious or infectious disease exists, or has recently existed, within the city, county, city and county, town, or township of which he is such officer, to take such measures as may be necessary to prevent the spread of such disease, and to report at once in writing such cases to the secretary of the state board of health at Sacramento.

[Duties of physician.] It is also the duty of every attending or consulting physician, nurse, or other person having charge of or caring for any person afflicted with any of said contagious diseases, to report at once in writing to the local health officer the nature of the disease, the name of the person afflicted and the place of his or her confinement; provided, however, that syphilis and gonococcus infection shall be reported by office number only; provided, further, that official records of tuberculosis cases shall be for official use only and not open to private inspection.

(Duties of state board of health.] The state board of health, or its secretary, upon being informed of any such contagious or infectious disease, may thereupon take such measures as may be necessary to ascertain the nature of such disease and prevent the spread of such contagion, and to that end, said state board of health, or its secretary, may, if deemed proper, take possession or control of the body of any living person, or the corpse of any deceased person, and may direct and take such means as may be deemed expedient to arrest or prevent the further spread of such disease.

History: Enactment approved March 6, 1901, Stats. and Amdts. 1900-1, p. 99; amended March 4, 1907, Stats. and Amdts. 1907, p. 105, Kerr's Stats. and Amdts. 1906-7, p. 161; March 22, 1911, Stats, and Amdts. 1911, p. 40; April 24, 1917, Stats. and Amdts. 1917, p. 171. In effect July 27, 1917.

8 2984. LOCAL BOARDS OF HEALTH TO ENFORCE RULES MADE BY STATE BOARD OF HEALTH. [REPORTS TO STATE BOARD.] It shall be the duty of the health officer of each municipality and incorporated town within this state to enforce within such municipality and incorporated town all orders, rules, and regulations concerning health and quarantine and the registration, certification, and reporting of births, marriages and deaths as prescribed or directed by the state board of health, and it shall be the duty of such health officer to report in writing to the state board of health at such times as said board shall require, all infectious, contagious and communicable diseases in man or beast which shall come to his knowledge, upon blanks furnished by the state board of health, Said health officer, in cases of local epidemic of disease shall report to the state board of health all facts concerning the disease and the measures taken to prevent or abate its spread, infection, or contagion.

[Registration of deaths, enforcement of act for.) Every such health officer shall strictly observe and enforce within such municipality or incorporated town the provisions of “An act for the registration of deaths, the issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act," approved March 18, 1905, and also the provisions of chapter three of title seven of part three (sections three thousand seventy-four to three thousand eighty-four) of the Political Code of the State of California relating to the registration, certification and reporting of marriages, births, and deaths, and shall promptly report to the state board of health all violations of the state health laws and of the law relating to the registration, certification and reporting of marriages, births and deaths which shall come to his knowledge.

History: Enactment approved March 7, 1905, Stats. and Amdts.
1905, p. 84; amended March 1, 1907, Stats, and Amdts. 1907, p. 74,
Kerr's Stats. and Amdts. 1906-7, p. 162; April 24, 1917, Stats. and
Amdts. 1917, p. 172. In effect July 27, 1917.

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ARTICLE V.

HEALTH AND QUARANTINE OF OTHER CITIES, TOWNS, AND HARBORS.

$ 3061. Board of health established in towns and cities.
$ 3062. Appointment of health officer in lieu of board [repealed).
$ 3064. Salary of board of health officers.

83061. BOARD OF HEALTH ESTABLISHED IN TOWNS AND CITIES. The board of trustees, council or other legislative body, by whatever name known, of any incorporated city or town of this state, shall by ordinance adopt for the regulation of sanitary matters within the city or town, such rules and regulations relative thereto as are necessary and proper, and not contrary to law, and shall supervise all matters pertaining to the sanitary condition of the city or town; provided, that no part of this section shall be construed to prevent the appointment by the board or council or other legislative body of a board of health which shall be advisory to the health officer. [Health officer appointed.] Every such board or council or other legislative body shall appoint a health officer who shall receive for his services such compensation as may be determined by said appointing body and shall hold office at its pleasure. Immediately after the appointment of the health officer the board or council shall notify the secretary of the state board of health of the appointment and the name and address of the appointee.

[Duties.] Each health officer of an incorporated city or town must: First. Enforce and observe

(a) All orders and ordinances of the board of trustees or council of his city or town pertaining to health and sanitary matters.

(b) All orders, quarantine regulations and rules prescribed by the state board of health.

(c) All statutes relating to the public health and to vital statistics.

Second. Report to the secretary of the state board of health at Sacramento at such times as the state board may require:

(a) The sanitary condition of his locality.

(b) The number of deaths, with the cause of each, as near as can be ascertained, within his jurisdiction during the preceding month.

(c) The presence of epidemic or other dangerous, contagious, or infectious diseases and such other matters within his knowledge or jurisdiction as the state board may require.

History: Enacted March 12, 1872; amended March 19, 1878, Code Amdts. 1877-8, p. 59; April 24, 1917, Stats. and Amdts. 1917, p. 172. In effect July 27, 1917.

8 3062. APPOINTMENT OF HEALTH OFFICER IN LIEU OF BOARD [repealed].

History: Enacted March 12, 1872; amended March 1, 1889, Stats. and Amdts. 1889, p. 43; repealed April 19, 1917, Stats. and Amdts. 1917, p. 144. In effect July 27, 1917.

$ 3064. SALARY OF BOARD OF HEALTH OFFICERS. The board of supervisors must fix the salary or compensation of health officers, and provide for the expenses of enforcing the provisions of this article.

[Failure to provide health officer.] If the board of supervisors or board of trustees, council, or other corresponding board of any incorporated town, neglects to provide a health officer by the first day of July, eighteen hundred and eighty-seven, the state board of health may direct the district attorney of the county to begin an action against such board of supervisors, or board of trustees, or corresponding board, to compel the performance of their duty, or may appoint a health officer for such town or city, and the expenses of such health officer shall be a charge against the incorporated city or town for which such appointment shall be made; and when the appointment is made for unincorporated towns, the expenses of the health officer are a charge against tho county.

History: Enactment approved March 1, 1889, Stats, and Amdts. 1889, p. 43; amended April 24, 1917, Stats. and Amdts. 1917, p. 173. In effect July 27, 1917.

CHAPTER III.

REGISTRY OF BIRTHS, MARRIAGES AND DEATHS.

$ 3074. Bureau of vital statistics.

$ 3075. Employees of state board of health. Salary. § 3074. BUREAU OF VITAL STATISTICS. The state board of health shall maintain, at the city of Sacramento, a bureau of vital statistics for the complete

and proper registration of births, marriages and deaths, for legal, sanitary and statistical purposes, which bureau shall be under the supervision of the state registrar of vital statistics.

[Duty of state registrar.] The duty of the state registrar of vital statistics shall be to promulgate and enforce all rules and regulations required to carry out the provisions of this chapter and that may be adopted from time to time by the state board of health.

History: Enacted March 12, 1872; amended March 16, 1878, Code
Amdts. 1877-8, p. 60; March 18, 1905, Stats. and Amdts. 1905, p. 103;
April 5, 1917, Stats. and Amdts. 1917, p. 41. In effect July 27, 1917.

8 3075. EMPLOYEES OF STATE BOARD OF HEALTH. SALARY. There shall be a clerk of the state board of health who shall receive an annual salary of one thousand six hundred dollars, such salary to be paid in the same manner and at the same time as salaries of state officers.

[Additional assistants; compensation.) The state board of health may employ and fix the compensation of other additional clerical and professional assistants, but such compensation shall be paid from its fund for contingent expenses provided for in the general appropriation act.

History: Enacted March 12, 1872; amended March 18, 1905, Stats. and Amdts. 1905, p. 104; March 4, 1907, Stats. and Amdts. 1907, p. 91, Kerr's Stats. and Amdts. 1906-7, p. 163; March 9, 1909, Stats. and Amdts. 1909, p. 232 (amendment became a law, under a provision of the constitution, without the governor's sanction). May 1, 1911, Stats, and Amdts. 1911, p. 1261; May 14, 1917, Stats, and Amdts. 1917, p. 436. In effect July 27, 1917.

CHAPTER XV.

LICENSES.

ARTICLE I.

GENERAL PROVISIONS.

$ 3366. License-tax, upon whom may be imposed.

8 3366. LICENSE-TAX, UPON WHOM MAY BE IMPOSED. Boards of supervisors of the counties of the state, and the legislative bodies of the incorporated cities and towns therein, shall, in the exercise of their police powers, and for the purpose of regulation, as herein provided, and not otherwise, have power to license all and every kind of business not probibited by law, and transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions and lawful games carried on therein, to fix the rates of license-tax upon the same, and to provide for the collection of the same by suit or otherwise; provided, that every honorably discharged soldier, sailor, or marine of the United States or confederate states who has served in the Civil War, any Indian War, the Spanish-American War, any Philippine insurrection or in the Chinese relief expedition, who is physically unable to obtain a livelihood by manual labor, and who shall be a qualified elector of the State of California, shall have the right to distribute circulars, and to hawk, peddle, and vend any goods, wares or merchandise, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license-tax or fee whatsoever, whether municipal, county or state, and the board of supervisors or legislative body shall issue to such soldier, sailor or marine, without cost, a license therefor; provided, however, no license can be collected or any penalty for the nonpayment thereof enforced against any commercial traveler whose business is limited to the goods, wares, and merchandise sold or dealt in in this state at wholesale.

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