Public Health Act

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap040.pdf
Published: 2000

CAP. 40, PUBLIC HEALTH ACT BELIZE

PUBLIC HEALTH ACT CHAPTER 40

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

PUBLIC HEALTH ACT 21 Amendments in force as at 31st December, 2000.

BELIZE

PUBLIC HEALTH ACT CHAPTER 40

REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

PUBLIC HEALTH ACT 21 Amendments in force as at 31st December, 2000.

Public Health [CAP. 40

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Printed in Belize by the Government Printer, No. 1 Power Lane, Belmopan,

by the authority of the Government of Belize.[ ]

CHAPTER 40

PUBLIC HEALTH

ARRANGEMENT OF SECTIONS

1. Short title.

PART I

Preliminary 2. Interpretation.

3. Appointment of Director of Health Services, medical officers of health and public health inspectors.

4. Power of Director of Health Services to make regulations regulat- ing the performance of the duties of health officers.

5. Central Board of Health.

6. Inquiries as to public health matters.

7. Power to inspect water and sewerage works.

8. Police and Village Council to aid in carrying out provisions.

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PART II

Buildings and Privies

9. Power to make regulations respecting buildings, etc.

10. Commencement of works and removal of works made contrary to regulations.

11. Recovery of expenses for removal of works done contrary to regula- tions.

12. Continuing offence.

13. Plans deposited with Director of Health Services.

14. Penalty for erecting buildings on ground filled up with offensive mat- ter.

15. Provision of privy accommodation for houses - power to enforce.

16. Penalty for using a pit not properly constructed.

17. Power to require privy accommodation to be provided for dwelling houses.

18. Power to exempt a populous building area from section 16.

19. Tenants erecting privies. How compensated.

20. Regulations to control lavatories, wash houses, swimming pools.

21. Cleansing of unwholesome latrines.

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22. Use of particular kind of privy may be prohibited.

23. Schools and factories to be provided with privies for both sexes.

24. Privies over sea, river, or canal not to be erected without permis- sion of the Director of Health Services.

25. Procedure when privy is so situated as to be a nuisance.

PART III

Burials and Cemeteries

26. Public cemeteries how established and controlled.

27. Funeral services at burials in public cemeteries.

28. Portion of cemetery may be assigned to a denomination.

29. Penalty for burial in denominational part of person not belonging to that denomination.

30. Burials in certain towns to be in public or approved cemeteries.

31. Private cemeteries how established.

32. By-laws for cemeteries.

33. Register of burials.

34. Closure of cemeteries.

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35. Burials in closed cemeteries unlawful.

36. Rights of sepulture, deed of acknowledgement and confirmation of.

37. Judge to investigate claims.

38. Form of grant of exclusive right of burial.

39. Register of grants.

40. Who entitled to grant of right of sepulture.

41. Fines, etc., to credit of Town Fund or Consolidated Revenue Fund.

42. Disused cemeteries.

43. Certain animals found trespassing in or near cemeteries how dealt with.

Intramural Burial

44. Burial of bishops.

Cremation

45. Cremation of human remains by permission of the Director of Health Services.

Disinterment of Bodies

46. Power of Director of Health Services to grant permission to disinter.

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47. Disinterment to be supervised by applicant.

48. Penalty for breach of conditions by applicant.

49. Penalty for breach of agreement by persons employed by applicant.

50. Penalty for disinterment without permission.

51. “Body” includes remains.

PART IV

Drains and Water Supply

Drains

52. Surface drains.

53. Draining of houses and lots, etc.

Water Supply

54. Public tanks.

55. By-laws regulating issue of water.

56. Penalty for fouling or wasting water.

57. Polluted well water.

58. Regulations for manufacture of ice.

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Water Supply in Certain Towns and Areas

59. Sections 60 to 64 inclusive to apply only to certain towns and such other areas to which they are applied by the Minister.

60. When Town Council may erect tanks on private property.

61. Dwelling-houses to be provided with tanks.

62. Notice.

63. Inspection of premises and receptacles for water.

64. Interpretation of sections 60 to 63 inclusive.

65. Power to make regulations.

66. Examination and seizure of unsound meat, etc.

PART V

Infectious Diseases

67. Interpretation of “infectious disease”.

68. Interpretation of “dangerous infectious disease”.

Notification of Disease

69. Notification by head of family.

70. Notification by medical practitioner.

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71. Notification to be transmitted to medical officer of health.

72. Medical officers of health to report to Director of Health Services.

73. Certificates, how sent to medical officer of health.

74. Act to apply to vessels, tents, etc.

75. Penalty on failing to notify.

General Prevention and Mitigation of Infectious and Epidemic Disease

76. When town or place in bordering countries may be declared infected.

77. When places within Belize may be declared infected.

78. Inland quarantine.

79. Isolation and disinfecting stations.

80. Infectious diseases hospitals.

81. Dispensaries.

82. Minister to make regulations.

83. Director of Health Services to make regulations to be observed dur- ing prevalence of infectious disease.

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84. Director of Health Services to see to the execution of rules and regu- lations.

85. Penalty on violation of regulations.

86. Removal of infected persons without proper lodging.

87. Penalty on unauthorised persons visiting infected person.

88. Disinfection of houses or articles liable to retain infection.

89. Disinfection of bedding, clothing, etc.

90. Provision of means of disinfection.

91. Destruction of bedding, etc.

92. Removal of infected person to hospital.

93. Penalty for exposing infected person or articles.

94. Public conveyance to be disinfected after carrying infected person.

95. Penalty for letting infected house without previous disinfection.

96. Closure of schools, etc., when dangerous infectious disease exists on premises.

97. Penalty on sending child to school so as to spread infection.

98. Prohibiting retention of dead bodies.

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99. Bodies of persons dying of infectious diseases in hospital, etc., to be removed only for burial.

100. Justices may in certain cases order dead bodies to be buried.

101. Penalty for throwing infectious rubbish into ash-pits.

102. Penalty for holding a wake over the body of a person dying of an infectious disease.

103. Power of medical officer of health to order destruction of vermin.

104. Recovery of expenses.

105. Penalty for obstructing work.

106. Powers for detection and control of certain diseases.

107. Removal to hospital of infectious persons suffering from tuberculosis of the respiratory tract.

PART VI

Lepers

108. Appointment of asylum.

109. Penalty for neglecting to report existence of any leper.

110. Action to be taken on receipt of a report.

111. Order for removal to and detention in asylum.

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112. Leper not to leave asylum without permission.

113. Penalty for person found within limits of asylum without authority.

114. Landing of lepers prohibited.

115. Lepers unlawfully landed may be returned to place whence they came.

116. Medical officer may detain leper on vessel.

117. Lepers landing may be sent to asylum.

118. Cleansing and disinfecting premises.

119. Regulations.

PART VII

Mosquito Destruction

120. Interpretation of terms.

121. Power to inspect and to spray premises.

122. Power to treat stagnant water by applying oil.

123. Power to order fumigation of premises in certain events.

124. Director of Health Services empowered to carry out necessary work and to recover cost.

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125. Power of Director of Health Services with approval of Minister to make regulations.

PART VIII

Offensive Trades

126. Interpretation.

127. Nuisance arising from offensive trade.

128. Regulations as to prevention of nuisances from factories.

129. Restrictions on carrying on of offensive businesses.

130. Incidental provisions relating to the sanctioning of offensive businesses.

131. Regulations as to offensive businesses.

PART IX

Sanitation and Prevention of Nuisances

132. Regulations for sanitation.

133. Nuisances prohibited.

134. Interpretation of Local Authority.

135. What constitutes nuisance.

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136. Author of nuisance.

137. Notice to remove nuisance.

138. Procedure in case owner fails to comply with notice.

139. Penalties in relation to nuisances.

140. Court may order Local Authority to execute works in certain cases.

141. Provision in case of two orders for overcrowding relating to the same house.

142. Power of sale.

143. Persons jointly responsible for nuisances may be proceeded against.

144. Demolition of unfit dwellings.

145. Cost of execution of provisions relating to nuisances.

146. Examination of premises.

147. Cleansing etc., of swampy land.

148. Unsuitable material for fillings.

PART X

Vaccination

149. Interpretation.

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150. Child to be vaccinated within three months.

151. Inspection after vaccination.

152. Where child is unfit.

153. Where child is insusceptible.

154. Public vaccination gratis.

155. Vaccination by public vaccinator or by surgeon.

156. Manner of vaccination.

157. Duties of Registrar.

158. Non-observance of law. Proceedings by officer of Police.

159. Vaccination returns.

160. Books, forms, etc.

161. Penalty - parents.

162. Penalty - public vaccinator or surgeon.

163. Vaccination compulsory, order of magistrate.

164. Compulsory vaccination.

165. Vaccination in prisons, etc.

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166. Production of smallpox by variolous matter - penalty.

167. Lymph supply.

168. Supply of forms, etc.

169. Production of a certificate, etc., as defence in a charge of neglect.

170. Limitation of time for complaints.

171. False entries, penalty.

172. Power of the Director of Health Services.

PART XI

Miscellaneous

Hotels and Lodging Houses

173. Hotels and lodging houses to be registered and subject to regulation and inspection.

Barbers and Hairdressers

174. Regulations.

Inspection of Shipping, etc.

175. Inspection of shipping-disinfection.

176. Expenses of inspection, etc., to be met by owner of ship.

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Private Improvement Expenses

177. Powers as to private improvements.

178. Method of meeting, and securing repayment of, improvement ex- penses.

179. Private improvement expenses to be a first charge.

180. Memorandum of charges to be registered.

181. Recovery of private improvement expenses.

182. What deemed prima facie evidence of charge.

PART XII

Legal Procedure

183. Offences punishable summarily.

184. Complaint to be within six months.

185. Proceedings by whom to be taken.

186. How owner of premises may be described.

187. Provisions relating to expenses incurred by Director of Health Ser- vices or local authority.

188. Removal of proceedings to Belize District.

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189. Legal proceedings by, and appearance in court of, Director of Health Services.

190. How Town Council may appear.

191. Not necessary to prove corporate name.

192. Documents requiring to be signed by Town Council to be signed by Mayor.

Regulations and By-Laws

193. Prescribing fines for breach of regulations or by-laws.

194. By-laws of Town Council to be under hand of Mayor.

195. By-laws of Town Council subject to confirmation of the Director of Health Services.

196. Alterations in by-laws.

197. Regulations to be laid before National Assembly.

198. Regulations or by-laws to be binding.

199. Regulations governing spraying of premises.

Notices

200. Notices, etc., to be signed by Mayor.

201. Notices, etc., purporting to be duly signed to be admitted in evidence.

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202. Notices, etc., how served.

203. Notice having reference to a ship or aircraft how served.

204. Notice to an owner or occupier, how addressed.

Miscellaneous Provisions

205. Power of visitation.

206. Procedure where owner obstructs surveying, etc.

207. Where occupier obstructs the carrying out of the orders of the Director of Health Services.

208. Penalty for assaulting, resisting or obstructing Health Officer.

209. Penalty for damage to property.

210. Who deemed occupier of school.

211. Penalties in addition to others already prescribed.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

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____________

FOURTH SCHEDULE ____________

FIFTH SCHEDULE ____________

SIXTH SCHEDULE ____________

SEVENTH SCHEDULE ____________

EIGHTH SCHEDULE ____________

NINTH SCHEDULE ____________

TENTH SCHEDULE ____________

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CHAPTER 40

PUBLIC HEALTH

[15th November, 1943]

1. This Act may be cited as the Public Health Act.

PART I

Preliminary

2. In this Act, unless the context otherwise requires:-

“Director of Health Services” includes all persons employed by the Public Services Commission in the exercise and performance of any powers and duties conferred on the Director of Health Services by this Act;

“health officer” means the Director of Health Services, any medical officer of health or public health inspector;

“house” includes schools and buildings in which more than ten per- sons are employed at one time;

“improvement” means the work in respect of which private im- provement expenses have been incurred;

Ch. 87, R.L., 1958. CAP. 31, R.E. 1980-1990. 40 of 1963. 1 of 1969. 25 of 1972. 20 of 1973. 7 of 1983. 22 of 1987. 42 of 1999. S.I. 17 of 1964. Short title.

Interpretation.

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“improved property” means the property on which any improvement has been executed;

“master” means the master, officer, or other person for the time being in charge or command of a vessel;

“medical officer of health” means a duly qualified medical practitioner appointed as such under section 3;

“new building” includes-

(a) the re-erection, wholly or partially, of any build- ing of which an outer wall is pulled down or burnt down to or within ten feet of the surface of the ground adjoining the lowest storey of the build- ing, and of any frame building so far pulled down or burnt down as to leave only the frame work of the lowest storey; or

(b) the conversion into a dwelling-house of any build- ing not originally constructed for human habitation, or the conversion into more than one dwelling- house of a building originally constructed as one dwelling-house only; or

(c) the re-conversion into a dwelling-house of any building which has been discontinued as or appro- priated for any purpose other than that of a dwell- ing-house; or

(d) the making of any addition to an existing building by raising any part of the roof, by altering a wall, or

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making any projection from the building, but so far as regards the addition only; or

(e) the roofing or covering over of an open space bet- ween walls or buildings;

“officer” means any person employed by the Public Services Com- mission or a Town Council to perform any duty under this Act;

“owner” means the person for the time receiving the rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or representative for any other person, or who would so receive it if such lands or premises were let at a rent;

“person” includes any body of persons whether corporate or unincorporate;

“premises” includes messuages, buildings, lands, easements, and her- editaments;

“private improvement expenses” means expenses declared to be pri- vate improvement expenses under this Act, or under any other law for the time being in force;

“regulations” means the regulations made under this Act;

“reservoir” means any receptacle for the storage of fresh water which is not a tank as defined in this section;

“sanitary purposes” means purposes of this Act;

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“street” includes any highway and any public bridge, also any road, lane, footway, square, court, alley, or passage, whether a thorough- fare or not;

“tank” means any receptacle for the storage of rain water made of wood, iron, brick, stone or concrete;

“Town Council” means the Belize City Council, the Belmopan City Council and any Town Council constituted under the Town Councils Act;

“vermin” includes rats, mice, fleas, lice, bugs, cockroaches, and mos- quitoes, and all animals or insects considered capable of spreading disease among human beings or animals, whether directly or indirectly, and the expression “verminous” has a corresponding meaning;

“vessel” means any ship, vessel, boat or other floating craft.

3.-(1) The Governor-General may, pursuant to section 107 of the Belize Constitution, appoint a Director of Health Services.

(2) The Public Services Commission may, pursuant to section 106 of the Belize Constitution, appoint:-

(a) medical officers of health;

(b) a Principal Health Inspector and such other public health inspectors as may be necessary; and

(c) such other officers as may be necessary to discharge the functions and duties prescribed by this Act or the regulations.

Appointment of Director of Health Services and medical officers of health and public health inspectors. CAP. 4.

CAP. 87.

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(3) A Medical Officer appointed under the Medical Service and Insti- tutions Act shall be a health officer for Belize; unless provided otherwise under any law.

4.-(1) The Director of Health Services may from time to time make regu- lations for the performance by health officers of their duties and for the carrying out of the powers vested in them by this or any other Act dealing with public health or any regulations made thereunder.

(2) Regulations made under subsection (1) shall be subject to the ap- proval of the Minister.

5. The Minister may for the purposes of this Act appoint a Central Board of Health which shall act in an advisory capacity, and shall consist of such persons as the Minister may in his discretion appoint.

6. The Director of Health Services may cause to be made such inquir- ies as he thinks fit in relation to any matters concerning the public health or in relation to any matters in respect of which his sanction, approval, or consent is required by this Act, and for that purpose, any person authorised in writing by the Director of Health Services may at any reasonable time enter any premises.

7.-(1) A health officer, whenever he thinks it necessary in the interests of the public health or the health of any persons may, at all reasonable hours enter in or upon any premises vested in or under the control of any Town Council or other person for the purposes of water supply or sewerage or the disposal of sewage, and inspect them and any works thereon or therein constructed or used for the said purposes.

(2) A Town Council or other person mentioned in subsection (1), shall instruct their officers and servants to assist such health officer in making

Power of Director of Health Services to make regulations regulating the performance of their duties by health officers.

Central Board of Health. 40 of 1963.

Inquiries as to public health matters.

Power to inspect water and sewerage works.

CAP. 39.

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the inspection, and shall permit him to inspect any apparatus and things used in connection with any works of water supply or sewerage or the disposal of sewage of the Town Council or other person, and any records, books or plans relating to those works, or to any works connected there- with.

8. Every member of the police department and the members of any village council shall aid and assist in carrying out the provisions and objects of this Act, and if any violation of any of the provisions of this Act or the regulations, orders, directions or by-laws made in pursuance thereof be- comes known to any member of the police department or to any member of a village council, he shall forthwith report it to a health officer.

PART II

Buildings and Privies

9.-(1) The Minister may make regulations regarding the following matters-

(a) the structure of floors, walls, staircases, foundations, roofs, chim- neys and height of new buildings for securing stability and the pre- vention of fires, and for purposes of health;

(b) the height and floor area of rooms intended to be used for human habitation;

(c) the ventilation of buildings and the sufficiency of the space about or distance between buildings to secure a free circulation of air;

Police and village council to aid in carrying out provisions. 42 of 1999. 25 of 1972. 42 of 1999.

Power to make regulations respecting buildings, etc.

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(d) the drainage of buildings, the construction of water-closets, earth- closets, privies, ash-pits and cesspools in connection with build- ings, and the closing of buildings or parts of buildings unfit for hu- man habitation, and prohibition of their use for such habitation;

(e) the keeping of water-closets supplied with sufficient water for flush- ing;

(f) the filling of swampy or low-lying lots;

(g) the depositing of plans and sections by persons intending to con- struct buildings;

(h) the percentage of the area of building lots that may be covered by buildings;

(i) the minimum dimensions of building lots; and

(j) the line of buildings.

(2) The Director of Health Services may remove, alter, or pull down any work begun or done in contravention of any such regulations.

10.-(1) Where a notice, plan or description of any work is required by any regulation made under section 9 to be laid before the Director of Health Services, the Director of Health Services shall, within one month after it has been so delivered, signify in writing his approval or disapproval of the intended work to the person proposing to execute it.

(2) If the work is commenced after the notice of disapproval, or be- fore the expiration of the month without such approval, and is in any re- spect not in conformity with any regulation made under section 9 he may cause so much of the work as has been executed to be pulled down or removed.

Commencement of works and removal of works made contrary to regulations.

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11. Where the Director of Health Services expends any public money in connection with the removal or alteration of any work executed contrary to any regulation, that money may be recovered from the person who con- structed the building or did the work contrary to the regulation in the man- ner provided by section 187 (1) (c).

12. Where the Director of Health Services may under this Act pull down or remove any work begun or executed in contravention of any regulation, or where the beginning or the execution of the work is an offence in respect of which the offender is liable to a penalty, the existence of the work during its continuance in such a form and state as to be in contravention of any regulation shall be deemed to be a continuing offence, but a penalty shall not be incurred in respect thereof after the expiration of one year from the day when the offence was committed or the regulation was broken.

13. The Director of Health Services may retain any drawings, plans, speci- fications, written particulars, descriptions or details deposited with and ap- proved by him in pursuance of this Act or the regulations.

14.-(1) It shall not be lawful to erect a new building on any ground which has been filled up with any material impregnated with faecal, animal or other noxious matter, or upon which any such matter has been deposited unless such matter has been removed by excavation or otherwise, or has been rendered, or has become innocuous.

(2) Any person who does or causes, or wilfully permits to be done any act in contravention of this section is guilty of an offence and for every such offence is liable to a fine not exceeding twenty-five dollars and to a further fine not exceeding one dollar for every day during which such building is inhabited.

Recovery of expenses for removal of works done contrary to regulations.

Continuing offence.

Plans deposited with Director of Health Services.

Penalty for erecting build- ings on ground filled up with offensive matter.

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15.-(1) The Minister may declare any town or place to be a populous building area within the meaning of this section, and thereafter it shall not be lawful to erect any new building within such town or place without providing sufficient water-closet, earth-closet, or privy accommodation for use in connection therewith, and all then existing buildings within such town or place shall, within six months after the date of its being declared a populous building area, be provided with sufficient water-closet, earth- closet, or privy accommodation.

(2) Any person guilty of a contravention of this section is liable to a fine not exceeding one hundred dollars, and to a further fine not exceeding two dollars for every day during which the offence is continued.

16.-(1) It shall not be lawful for any person to construct or keep for use in any populous building area as defined in section 15 any pit, or well, sunk in the soil to serve as a receptacle for faecal matter, or other offensive or noxious matter or liquid, unless such pit or well is so constructed as to prevent the escape of its contents on to the surrounding soil.

(2) Any person who offends against this section is liable to a fine not exceeding fifty dollars, and to a further fine not exceeding two dollars for every day during which the offence is continued.

17.-(1) Any health officer may by notice in writing require the owner of any dwelling house or the occupier of any agricultural estate to provide for the inmates or labourers as the case may be sufficient privy accommoda- tions of such description and in such situation as may be specified in the notice, or to put any existing privy accommodation into a proper state of repair.

(2) If the owner or occupier as the case may be fails to comply with such notice within one month from the receipt of the notice, he is guilty of

Provision of privy accommo- dation for houses - power to enforce.

40 of 1963

Penalty for using a pit not properly constructed.

Power to require privy accommo- dation to be provided for dwelling houses.

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an offence and is liable to a fine not exceeding fifty dollars, and the health officer may, if he thinks fit, cause the privy accommodation to be provided or repaired as required by the notice, and may, in the case of a dwelling house or of an agricultural estate of which the occupier is the owner, de- clare the expenses of so doing to be private improvement expenses or, in the case of an agricultural estate of which the occupier is not the owner, may summarily recover the expenses of so doing from the occupier.

18. The Minister may from time to time, by Order published in the Ga- zette, declare that section 16 shall not apply to any populous building area or part of such area specified in the Order, and may at any time revoke any such Order.

19.-(1) In all cases in which the tenant of any land is, by reason of his ownership of any building erected or to be erected thereon, compelled by this Act to provide sufficient water-closet, earth-closet, or privy accom- modation for use in connection with such building, and constructs it upon the said land or upon other land of the same landlord so that it is a fixture thereon, the tenant shall, in the event of his tenancy being determined by the landlord, be entitled to payment from the landlord of the value of such wa- ter-closet, earth-closet, or privy at the date of the tenancy being so deter- mined, and in the absence of any special circumstances the value of such water-closet, earth-closet or privy shall be assumed to be the cost of and incidental to constructing it, less ten per centum of such cost for each com- plete year which elapses between the construction and the termination of the tenancy.

(2) Any agreement whereby a tenant is sought to be deprived of his right to payment as required by this section shall as to such deprivation be wholly void.

Power to exempt a populous building area from section 16.

Tenants erecting privies. How compensated.

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20. The Minister may from time to time make regulations for the con- struction, control, use, maintenance and sanitation of any lavatories, la- trines, bath houses, wash houses and swimming pools for use by the pub- lic, and for the imposition of fees or charges for use of public lavatories, latrines, bath houses, wash houses and swimming pools.

21.-(1) On the written application of any person to any health officer stat- ing that any water-closet, earth-closet, privy, ash-pit, soakage pit, sump pit, or cesspool on or belonging to any premises is a nuisance or injurious to health, any health officer may enter such premises with or without assis- tants and examine the water-closet, earth-closet, privy, ash-pit, soakage pit, sump pit or cesspool.

(2) If the water-closet, earth-closet, privy, ash-pit, soakage pit, sump pit, or cesspool on examination appears to be in bad condition or to re- quire alteration or repair, he shall forthwith cause notice in writing to be given to the owner or occupier of such premises requiring him forthwith or within a reasonable time specified, to do the necessary works, and if the notice is not complied with, the person to whom it is given is guilty of an offence and is liable to a fine not exceeding ten dollars for every day dur- ing which he continues to make default, and the Director of Health Ser- vices may, if he thinks fit, execute such works and may recover in a sum- mary manner from the owner or occupiers the expenses incurred by him in doing so.

22.-(1) The Minister may by order published in the Gazette prohibit the use of any particular kind of privy, water-closet, latrine or cesspool.

(2) Any person who, after the publication of an order under this sec- tion, uses or keeps for use a privy, water-closet, latrine, or cesspool of the kind prohibited is guilty of an offence and is liable to a fine not exceeding fifty dollars and to a further fine not exceeding ten dollars for every day

Regulations to control lavato- ries, wash houses, swim- ming pools. 20 of 1973.

Cleansing of unwholesome latrines.

Use of particular kind of privy may be prohibited.

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THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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during which he continues to use or keep for use such privy, water-closet, latrine, or cesspool.

23.-(1) Where it appears to the Director of Health Services, that any house or building is used or intended to be used as a factory or school by persons of both sexes he may if he thinks fit by written notice require the owner or occupier to construct a sufficient number of water-closets, earth- closets or privies, for the separate use of each sex within a time specified therein.

(2) Any person who neglects or refuses to comply with any such notice is guilty of an offence and is liable to a fine not exceeding two hundred dollars and to a further fine not exceeding ten dollars for every day during which he makes default.

24.-(1) It shall not be lawful for any person to erect any water-closet or privy over any shore of the sea or over any shore of any river, or over any canal without first having obtained the sanction of the Director of Health Services to do so.

(2) Any person who erects any water-closet or privy over any place described in subsection (1) without first having obtained the sanction of the Director of Health Services to do so is guilty of an offence and is liable to a fine not exceeding fifty dollars, and to a further fine not exceeding ten dol- lars for every day during which he allows the water-closet or privy to re- main over such place after having received notice in writing from the Direc- tor of Health Services to remove it, and the Director of Health Services may, if he thinks fit, remove such water-closet or privy, and recover in a summary manner all the expenses to which he was put in such removal.

25.-(1) Where it appears to the Director of Health Services that any water- closet, privy or urinal is so situated or constructed that it will injuriously affect the health of any person, or is a nuisance to any person, or that its

Schools and factories to be provided with privies for both sexes.

Privies over sea, river, or canal not to be erected without permis- sion of Director of Health Services.

Procedure when privy is so situated as to be a nuisance.

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removal or reconstruction will tend to check or prevent disease, the Di- rector of Health Services shall give notice to the owner thereof to remove or reconstruct the water-closet, privy or urinal within a certain specified time.

(2) Any person who refuses or neglects to comply with such notice is guilty of an offence and is liable to a fine not exceeding two hundred dol- lars and to a further fine of ten dollars for every day during which the default continues, and the Director of Health Services may if he thinks fit remove the water-closet, privy or urinal and recover the cost of the re- moval or reconstruction in a summary manner from the owner thereof.

PART III

Burials and Cemeteries

26. It shall be lawful, in the case of any town under the jurisdiction of a Town Council for such Town Council, and in respect of any other town, village or place, for the Director of Health Services, from time to time to establish public cemeteries and such cemeteries shall thereafter be vested in and be under the charge, management, and control of the Town Council or Director of Health Services as the case may be.

27.-(1) At all burials in public cemeteries, the burial service according to the rites of the church or denomination to which the deceased belonged, may be performed or celebrated by the proper ministers of such church or denomination.

(2) Nothing in this section shall extend or be construed to extend to making it necessary or compulsory that a minister of any church or de- nomination shall be present at any burial.

Public cemeteries how established and controlled.

Funeral services at burials in public cemeteries.

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28.-(1) The Town Council or Director of Health Services, as the case may be, may upon petition from any church or denomination direct that any part of a public cemetery be set aside for the burial of the bodies of members of the particular church or denomination, and thereupon a portion shall be set aside for such purpose.

(2) That portion of a public cemetery set aside for the purpose speci- fied in subsection (1) shall be governed and managed under by-laws or regulations for the time being in force for the rest of the cemetery, in respect of general management, registration of burials and fees.

29. Any person who wilfully buries or causes to be buried, within such part of a cemetery assigned for the use of any church or denomination, the body of any person who did not belong to such church or denomination, without permission from the recognised authority of such church or de- nomination is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

30.-(1) The bodies of dead persons or of stillborn children shall not be buried within the limits of the towns and villages named and described in the First Schedule or any other place which may from time to time be included in this provision by an order of the Minister published in the Gazette, ex- cept in some public or other approved cemetery or place duly set apart for burials within such limits.

(2) Any person who wilfully buries in the ground or place or puts any such body in any superterrene receptable within such limits, or who per- forms any service or ceremony whatever over any body buried or placed as aforesaid is guilty of an offence and is liable to a fine not exceeding one thousand dollars.

Portion of cemetery may be assigned to a denomination.

Penalty for burial in denomina- tional part, of person not belonging to that denomination.

Burials in certain towns to be in public or approved cemeteries. First Schedule.

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31. It shall not be lawful for any person or for any religious body or denomination to establish any cemetery within the limits of any town with- out the previous approval of the Director of Health Services, and all cem- eteries so established, and all private cemeteries now existing within such limits, shall be subject to all regulations or by-laws passed from time to time for the management and control of public cemeteries within such town.

32.-(1) In the case of a cemetery situate within the jurisdiction of any Town Council, it shall be lawful for such Town Council, and in the case of any other cemetery for the Director of Health Services respectively to make by-laws-

(a) for the general management and control of cemeteries within their jurisdiction; and

(b) for the digging and allotting of graves therein; and

(c) in the case of public cemeteries, for disposing of the right of erect- ing and placing any monument, gravestone, tablet or monumental inscription in such cemeteries; and

(d) for the payment of fees for vaults, graves and monuments therein.

(2) By-laws made pursuant to subsection (1) shall be subject to the approval of the Minister who may sanction, disallow, alter, or annul any such by-laws.

(3) Any person who contravenes any by-law made under this section is guilty of an offence and is liable to a fine not exceeding for any one offence the sum of fifty dollars.

Private cemeter- ies how estab- lished.

By-laws for cemeteries.

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33. All burials within public cemeteries shall be registered in a register book to be provided and kept for that purpose, and the register book shall be kept by the keeper of such cemetery, in such form and with such par- ticulars as are prescribed by any by-laws made under section 32, and such register book, or copies or extracts purporting to be true copies or ex- tracts thereof, under the hand of the keeper of the public cemetery, shall be received in all courts as prima facie evidence of the burials entered therein.

34. Whenever it appears to the Minister, upon representation made by the Director of Health Services that, for the protection of the public health, burials in any public or private cemetery should be discontinued, wholly or subject to any exception or qualification, the Minister may order that after a time to be mentioned in the order burials in such cemetery shall be dis- continued wholly or subject to any exception or qualification mentioned in such order:

Provided that notice of any such representation, and of the time when it will be taken into consideration by the Minister, shall be published in the Gazette fourteen days at least before such representation is so consid- ered, and any order made in pursuance of such representation shall be published forthwith in the Gazette.

35. It shall not be lawful after the time mentioned in any order made under section 34 for the discontinuance of burials, to bury the dead in any cemetery in which burials have by any such order been ordered to be dis- continued.

36. Upon the application of any person, or of the lawful representative of any person, having or claiming to have any right of sepulture in any public cemetery, acquired or alleged to have been acquired before 25th July, 1878, the Minister may, upon being satisfied with the claim, execute

Register of burials.

Closure of cemeteries.

Burials in closed cemeteries unlawful.

Rights of sepulture, deed of acknowledge- ment and confirmation of.

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and deliver at the applicant’s expense a deed of acknowledgment and confirmation thereof, and, in the event of the Minister entertaining any doubt respecting the right so claimed he may require from the applicant the production and delivery of a certificate under the hand of a judge of the Supreme Court stating that the right of sepulture claimed has been made out to his satisfaction by the party applying, and upon the produc- tion and delivery of such certificate to the Minister, he shall execute and deliver to and at the expense of the applicant a deed in accordance with the certificate.

37. A judge may, upon petition duly verified, investigate and deter- mine the validity of any claim to a right of sepulture in any public cemetery acquired or alleged to have been acquired before 25th July, 1878, and thereupon certify under his hand to the Minister his determination thereon, and every such petition with a notice of the time when it will be heard shall be delivered to the Attorney General for the Minister, and be served upon any person or persons who is or are known to assert any right in opposi- tion thereto, at least three weeks before the hearing of such petition.

38. A grant of the exclusive right of burial in any part of a cemetery, either in perpetuity or for a limited time, and of the right of one or more burials therein, or of placing therein any monument, tablet or gravestone may be made in the form in the Second Schedule by the Town Council or the Director of Health Services, as the case may be, within whose juris- diction such cemetery is situated.

39.-(1) A register of grants made under section 38 shall be kept by the keeper of the cemetery, and in the register he shall enter the date of the grant, the parties thereto, the consideration for such grant, and the de- scription of the ground described in the grant, so that the situation thereof may be ascertained.

40 of 1963.

Judge to investigate claims.

Form of grant of exclusive right of burial.

Register of grants.

Second Sched- ule.

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(2) The register may be perused at all reasonable times by any person upon the payment of the sum of twenty-five cents to the keeper of the cemetery, to be paid to the account of the Town Council or the Director of Health Services, as the case may be.

40. Every person having or claiming to have the right of sepulture in any cemetery who makes application for a grant in respect thereof within twelve calendar months from the coming into effect of this Act shall be entitled on proof thereof to receive free of cost a grant in the form mentioned in section 38.

41. All fines, penalties and payments receivable under the authority of sections 28 to 40 shall, in respect of cemeteries under the jurisdiction of any Town Council, be placed to the credit of such Town Council but, in all other cases, shall be paid to the Consolidated Revenue Fund.

42. If at any time hereafter any cemetery becomes disused it shall be lawful for the Town Council within whose jurisdiction such cemetery is situ- ated, or the Director of Health Services, as the case may be, to take pos- session thereof, and if no protest is made against such possession within six months from the date when it has been taken it shall be lawful for the Town Council or Director of Health Services, as the case may be, to keep it in repair and properly fence it or to deal therewith in any other manner what- ever as to them or him shall seem fit:

Provided that-

(a) in the case of cemeteries which have become disused prior to 1st March 1896, the same shall be kept in repair and fenced as afore- said not out of the ordinary local fund at the disposal of the Town Council, but with such moneys only as shall from time to time be expressly voted for that purpose by the National Assembly;

Who entitled to grant of right of sepulture.

Fines, etc., to credit of Town Fund or Consolidated Revenue Fund.

Disused cemeter- ies.

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(b) the Minister may at any time with the consent of the National As- sembly declare a place to be no longer a cemetery.

43.-(1) Any health officer or any officer of a Town Council or any police officer may kill by shooting or otherwise any boar, sow or pig found in or in the vicinity of or on any road traversing any cemetery:

Provided that-

(a) on the killing of the same the Health Officer, officer of the Town Council or police, as the case may be, shall immediately give no- tice to the owner thereof, if known, who shall remove the carcass within six hours of the receipt of such notice;

(b) if the owner is not known, or the owner, after notice, does not remove the carcass, then such health officer, officer of the Town Council or the police force, as the case may be, shall cause the same to be buried or otherwise disposed of.

(2) If any boar, sow or pig be at any time found in or in the vicinity of or on any road traversing any cemetery, whether or not the same has been killed under the provisions of this section the owner or owners thereof and the person or persons, if any, in immediate charge thereof, shall each be guilty of an offence and shall be liable to a fine not exceeding fifty dollars, and in default of payment, to imprisonment for a term not exceeding one month.

Intramural Burial

44.-(1) Notwithstanding anything contained in this Act, it shall be lawful to inter the body of any person-

Certain animals found trespass- ing in or near cemeteries how dealt with.

Burial of bishops.

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(a) who has been a bishop of the Church of England in the Diocese of Belize within the walls of the Cathedral Church of Saint John the Baptist in Belize City or within the churchyard of the said Cathe- dral;

(b) who has been a bishop of the Roman Catholic Church in Belize within the walls of the Cathedral of the Holy Redeemer in Belize City or within the churchyard of the said Cathedral.

(2) No such burial shall take place except in accordance with any regu- lations made under the authority of subsection (3).

(3) The Minister may from time to time make regulations governing or determining the situation, dimensions, materials and method of construction and the manner of filling up of any vault to be used in any such burial, and the materials with which any such vault may be filled up, and the time after any such burial within which any such vault shall be covered in and com- pleted and the precautions to be adopted for ensuring that such burials are conducted in accordance with such regulations and for preventing any in- jury or risk of injury to the public health, and imposing fines not exceeding five hundred dollars for any single offence, for any breach of any such regu- lation, and prescribing the procedure to be adopted for the recovery of any such fine.

Cremation

45.-(1) The Director of Health Services may permit the burning of any hu- man remains and prescribe in what cases, at what places, and under what conditions any such cremation may take place, what is to be done with the ashes, and what fees if any are to be paid.

Cremation of human remains by permission of the Director of Health Services.

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(2) The Director of Health Services with the approval of the Minister may make by-laws for carrying into effect the provisions and objects of this section.

(3) Any person who knowingly carries out or procures or takes part in the burning of any human remains, without the permission of the Director of Health Services, or except at the place appointed and in ac- cordance with the conditions prescribed by him, or except in accordance with this section or any by-law is guilty of an offence and is liable to a fine not exceeding five hundred dollars.

(4) Any person who wilfully makes any false declaration or represen- tation, or signs or utters any false certificate with a view to procuring the burning of any human remains is liable on conviction upon indictment to imprisonment for a term not exceeding two years.

(5) Any person who, with intent to conceal the commission of any offence or impede the prosecution of any offender, procures or attempts to procure the cremation of any body, or with such intent makes any dec- laration or gives any certificate required by the Director of Health Ser- vices under this section or under any regulations made thereunder is liable on conviction upon indictment to imprisonment for any term not exceeding five years.

(6) Any person who contravenes any by-law made under this section is guilty of an offence and is liable to a fine not exceeding five hundred dollars.

Disinterment of Bodies

46. The Director of Health Services may, on application made to him grant permission, subject to such conditions as he may think fit to impose, to disinter the body of any person buried within Belize in order that such body may be cremated or reinterred at some other place within, or re- moved from, Belize:

Power of Director of Health Services to grant permission to disinter.

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Provided that-

(a) the applicant is, by reason of kinship, connection by marriage, or friendship with the deceased, or on any other grounds of whatever kind, a fit and proper person to make the application;

(b) such disinterment can be effected without danger to the public health; and

(c) having regard to all the circumstances of the case it is expedient to grant such permission.

47.-(1) Every permission under section 46 is granted either to the appli- cant, if he is able and intends to supervise the disinterment, or to some other person nominated by him, who is able and willing to supervise the disinterment.

(2) Every such permission shall be in writing, and shall state the name of the person to whom it is granted, and the conditions upon which it is granted, and shall be void if the grantee shall not personally supervise the disinterment.

(3) In this section the expression “disinterment” shall also include the subsequent conveyance and custody of the body until it is cremated or reinterred within, or removed from, Belize, or duly received on board a ship or boat in order to be exported from Belize.

48. If any person to whom permission is granted under section 46 com- mits, after disinterment has commenced a breach of any of the conditions of such permission, he is liable on the information of a health officer to impris- onment for a term not exceeding six months or to a fine not exceeding five hundred dollars.

Disinterment to be supervised by applicant.

Penalty for breach of conditions by applicant.

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49. A person who, having agreed with any grantee to fulfil or assist in fulfilling any of the conditions of a permission granted under section 46 commits any breach of the agreement so far as it relates to the fulfilling or assisting in the fulfilling of any such condition, shall, unless prior to the commencement of the disinterment he gave notice of his intention not to carry out his agreement to the grantee, be liable on the information of a health officer, to imprisonment for a period not exceeding six months, or to a fine not exceeding five hundred dollars:

Provided that no information shall be laid under this section unless in the opinion of the Director of Health Services the breach of agreement is such that it is expedient in the public interest that an information should be laid, but it shall not be necessary in any proceedings consequent on any such information for the informant to prove such opinion.

50. Any person who, without such permission disinters the body of any person buried within Belize is guilty of an offence and is liable to imprison- ment for a period not exceeding six months or to a fine not exceeding five hundred dollars.

51. For the purposes of sections 46 to 50 “body” includes remains.

PART IV

Drains and Water Supply

Drains

52. Every Town Council may, and when required by the Director of Health Services shall, construct and maintain in proper order in conve- nient places drains for the removal of surface and flood water and for the proper drainage of swamp-lands situated within its jurisdiction.

Penalty for breach of agreement by persons em- ployed by applicant.

Penalty for disinterment without permis- sion.

“Body” includes remains.

Surface drains.

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53.-(1) Where any lot, house or premises is without a drain sufficient for the effectual drainage of flood water or domestic waste water a medical officer of health may by written notice require the owner or occupier of the lot, house or premises within a reasonable time therein specified to make a drain or drains emptying, in the case of flood water, into any public drain, and in the case of domestic waste water, emptying into such sump or pit or place as a medical officer of health may direct.

(2) A medical officer of health may require any such drain or drains to be of such material, construction and size and to be laid at such level and with such fall as may appear to him to be necessary and proper and may require any sump to be of a size and type approved by the Director of Health Services.

(3) If such notice is not complied with the medical officer of health may after the time specified in the notice do the work required and may recover in a summary manner the expenses incurred by him in so doing from the owner, or may declare the same to be private improvement expenses.

(4) For the purposes of this section “domestic waste water” means any water or liquid matter other than ordinary flood water.

Water Supply

54. Every Town Council may, and when required by the Minister shall, construct and maintain tanks and reservoirs for the storage of rain or fresh water as may be necessary, and may sell the water so stored or permit the free use thereof.

55. Every Town Council may make by-laws for regulating the issue of water from any tank or reservoir under its charge.

Draining of houses and lots, etc.

Public tanks.

By-laws regulat- ing issue of water.

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56.-(1) Every person who-

(a) wilfully fouls any water in a tank or reservoir; or

(b) drinks from the tap of or wilfully wastes any water stored in a tank or reservoir; or

(c) wilfully damages any tank or reservoir, or any guttering, pipe, cover, platform, roof, tap or pump connected therewith,

is guilty of an offence and is liable to imprisonment for a term not ex- ceeding four months, or in the discretion of the court to a fine not ex- ceeding one hundred dollars.

(2) Every such person shall in addition be liable to pay to the person aggrieved a sum not exceeding two hundred dollars by way of compensa- tion for so fouling or wasting the water as the court may consider ad- equate, and in the case of damage to pay to such person the costs of repairing the same, such cost being ascertained and determined by the court.

57.-(1) Where any health officer considers that the water of any well sunk in the ground is used or likely to be used for drinking or cooking purposes by man, or for the manufacture of drinks for the use of man, or in any dairy, and that the water of the well is polluted or otherwise rendered unfit for such use, or that the use of the water for any such purposes will be likely to injure the health of any persons so using it, he shall give notice to the owner or occupier of the premises wherein the well is situated to cleanse or purify the well, or to close the well.

(2) If the person to whom notice is given fails to comply therewith within a period of ten days of the date of the notice, or permits the use of

Penalty for fouling or wasting water.

Polluted well water.

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such water without having performed the acts specified in the notice he is guilty of an offence and is liable to a fine not exceeding twenty dollars and to a further fine not exceeding five dollars for every day he continues in default.

(3) The health officer may, if he thinks fit, cause such well to be cleansed, purified or closed, and may recover in a summary manner the expenses incurred by him in so doing from the person in default.

58. The Director of Health Services may with the approval of the Minis- ter make regulations prescribing the quality of water to be used in the manu- facture of ice, and, generally, for the control of such manufacture.

Water Supply in Certain Towns and Areas

59. Sections 60 to 64 inclusive shall apply only to the towns named and described in the Third Schedule and to such other towns or areas to which the same may from time to time be applied by the Minister by notice pub- lished in the Gazette, and sections 60 to 64 shall come into force within such other towns or areas-

(a) as regards buildings not then completed, from the date of the pub- lication of the notice; and

(b) as regards other buildings, at the expiration of a period of six months from the date of the publication.

60.-(1) Any Town Council may utilise the roof of any building within their jurisdiction and not used as a dwelling-house to serve as a collection area for rain water, and to fix gutters and pipes to such roof and to erect tanks on the land on which such building is situated for the purpose of storing rain water.

Regulations for manufacture of ice.

Sections 60 to 64 inclusive to apply only to certain towns and such other areas to which they are applied by the Minister. Third Schedule.

When Town Council may erect tanks on private property.

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(2) Before proceeding to erect any tank as aforesaid the Town Coun- cil shall give at least one month’s written notice to the owner of the land and shall erect the tank on such suitable part of the land as the owner shall by writing before the expiration of the notice direct.

(3) The rain water stored in any tank so erected shall be the prop- erty of the Town Council whose officers shall have such right of access to the tank for themselves and the recipients of water as may be neces- sary for the purposes of water supply or for repairs:

Provided that-

(a) this section shall not apply to any roof the rain water of which is properly collected in a tank of a capacity of not less than five thousand gallons;

(b) the owner of any roof from which any Town Council is collecting water may purchase the gutters, pipes and tanks from such local authority at a price to be fixed by the magistrate.

61.-(1) Every owner of a dwelling-house, the roof of which is not a thatched one, shall erect and maintain in good order a tank or tanks in connection with the dwelling-house, for the storage of rain water, and in respect of every new building to be used as a dwelling-house erected on or after the coming into force of this Act, the tank or tanks shall be capable of storing not less than five gallons of water for each square foot of floor space contained within such dwelling-house.

(2) No tank required to be maintained under this section shall be deemed to be in good order-

Dwelling houses to be provided with tanks.

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(a) if it is not connected by suitable pipes to gutters attached to a suffi- cient surface of roof or platform exposed to the weather or if such gutters or pipes are not in good order; or

(b) if the tank is not fitted with apparatus for draining off water there- from without waste; or

(c) if the tank is not watertight; or

(d) if the tank is not provided with a suitable covered or screened open- ing for conveniently inspecting and repairing the inlet and outlet, and for cleaning.

62. The Director of Health Services or any Town Council may order the owner of any house or building to which sections 61 to 65 inclusive apply to comply with the requirements of the said sections within a time specified in the order, and any such owner failing to comply with the order is guilty of an offence and is liable to a fine not exceeding fifty dollars and a further fine of five dollars a day until such time as the order is complied with.

63. Any health officer may from time to time with or without assistance enter into, visit and inspect for the purposes of sections 60 to 63 inclusive all or any premises, tanks and receptacles for water.

64. For the purposes of sections 60 to 63 inclusive the term “dwelling- house”, means any building which or any part of which is ordinarily occupied by any person other than a caretaker with or without his family as a sleeping place at night.

65. The Minister may make regulations-

Notice.

Inspection of premises and receptacles for water.

Interpretation of sections 60 to 63 inclusive.

Power to make regulations.

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(a) regulating the manner in which any article of food or drink intended for human consumption shall be manufactured, produced, stored, sold or exposed for sale;

(b) for the establishment, regulation, control, maintenance and man- agement of markets and slaughter houses and for regulating the rent and fees payable by persons using or benefited by such mar- kets, slaughter houses, meat or other stalls therein;

(c) prohibiting the killing or slaughtering of any animal the flesh of which is intended for human consumption within the limits of any town or village other than in the slaughter house;

(d) providing for the licensing, registration and medical examination of all persons engaged in the manufacture, production, storage or sale of any article of food or drink intended for human consumption, and preventing unlicensed persons from being so engaged;

(e) providing for the licensing, registration and control of all premises used for the manufacture, preparation or storage of articles of food or drink for sale, and for prohibiting the use of premises not com- plying structurally or otherwise with such regulations; and

(f) generally for the purpose of giving effect to this Part.

66.-(1) Any health officer may at all reasonable times inspect and examine any animal, carcass, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk or any other article of food, solid or liquid, exposed for sale or deposited in any place for the purpose of sale or preparation for sale and intended for the food of man, and if any such animal, carcass, meat, poultry, game, flesh, fish, fruit, vegetable, corn, bread, flour, milk or other article of food appears to such health officer to be diseased or un-

Examination and seizure of unsound meat, etc.

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sound or unwholesome or unfit for the food of man he may seize and carry away the same himself or by an assistant or order it to be destroyed or so disposed of as to prevent such article being used for the food of man.

(2) The person in whose custody any such animal, carcass, meat, poultry, game, flesh, fish, fruit, vegetable, corn, bread, flour, milk or other article of food as aforesaid is found is guilty of an offence and is liable to a fine not exceeding one hundred dollars, the proof that the same was not exposed or deposited for any such purpose or was not intended for the food of man resting with the party charged.

PART V

Infectious Diseases

67.-(1) In this Part, “infectious disease” means any of the following dis- eases, namely, acute poliomyelitis, alastrim, anthrax, bubonic plague, cerebro-spinal meningitis, chicken pox, cholera, diphtheria, dysentery, en- cephalitis lethargica, erysipelas, ophthalmia neonatorum, pneumonia, pul- monary tuberculosis, rabies, scarlet fever, small-pox, enteric fever, puer- peral fever, yellow fever and any other disease which the Director of Health Services with the approval of the Minister may have notified or may notify in the Gazette as being an infectious disease within the meaning of this Act.

(2) No person shall be liable to any penalty under this Part until thirty days after the first publication of notification in the Gazette.

68. In this Part wherever “dangerous infectious disease” occurs such term shall be construed to mean alastrim, bubonic plague, cholera, diphtheria, small-pox, yellow fever, and any other disease which the Director of Health Services with the approval of the Minister may notify in the Gazette as being a dangerous infectious disease within the meaning of this Part.

Interpretation of “infectious disease”.

Interpretation of “dangerous infectious disease”.

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Notification of Disease

69. Where any inmate of any building is suffering from any infectious disease, unless such building is a hospital in which persons suffering from any infectious disease are received, the head of the family to which such inmate hereinafter termed “the patient” belongs or in the event of his ab- sence or incapacity the nearest relation of the patient resident in the same building, or in the event of the absence or incapacity of such relation, the person principally in charge of or in attendance on the patient, or if there is no such person the occupier of the building, shall as soon as he becomes aware that the patient is suffering from an infectious disease, either-

(a) give notice thereof verbally or in writing to the medical officer of health; or

(b) if no medical officer of health be resident within a radius of three miles of the building in which such infectious disease exists, give notice verbally or in writing to the nearest magistrate, justice of the peace, health officer, deputy registrar, schoolmaster, alcalde or po- lice officer; or

(c) call in a registered medical practitioner and place the patient under his care;

and shall also in the event of the death of the patient, immediately after such death, unless the patient was then attended by some registered medi- cal practitioner, give notice verbally or in writing to the medical officer of health, or if no medical officer of health is resident within a radius of three miles, to the nearest magistrate, justice of the peace, health officer, deputy registrar, schoolmaster, alcalde or police officer, stating the name of the patient, the situation of the building, the infectious disease of which the patient is believed to have died and the day and hour of his death.

Notification by head of family.

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70. Every medical practitioner attending on or called in to visit a patient shall forthwith on becoming aware that the patient is suffering from an in- fectious disease send to the nearest medical officer of health a certificate stating the name of the patient, the situation of the building and the infec- tious disease from which in his opinion the patient is suffering and shall in the event of the subsequent death of the patient send to the medical officer of health for the district a certificate to the same effect specifying likewise the hour and day of death:

Provided that if the medical officer of health is resident at a greater distance than three miles from the building in which the patient resides, or the same distance from the residence of such medical practitioner, the certificate may be forwarded to the nearest magistrate, justice of the peace, health officer, deputy registrar, schoolmaster, alcalde or police officer.

71. Every magistrate, justice of the peace, health officer, deputy registrar, schoolmaster, alcalde or police officer who receives notification or a cer- tificate of the occurrence of infectious disease or of death therefrom shall forthwith transmit information thereof to the medical officer of health for the district.

72. The medical officer of health on receiving a notice of the occurrence of infectious disease or of death therefrom shall as soon as possible there- after report the same to the Director of Health Services.

73. A certificate required to be sent to a medical officer of health under the foregoing provisions of this Part may be sent by being left at his office.

Notification by medical practitio- ner.

Notification to be transmitted to Director of Health Services.

Medical Officers of Health to report to Director of Health Services.

Certificates, how sent to Medical Officer of Health.

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74. The provisions of this Part relative to the notification of the occur- rence of infectious disease, or of death therefrom shall apply to every ves- sel within the limits of Belize and to every tent, van, shed or similar struc- ture used for human habitation in like manner as nearly as may be as if it were a building, but shall not apply to any ship, vessel or boat belonging to the Government of Belize or to any foreign government.

75. Every person required to give notice or a certificate of the occur- rence of infectious disease or death therefrom who fails to give it is guilty of an offence and is liable to a fine not exceeding two hundred dollars.

General Prevention and Mitigation of Infectious and Epidemic Disease

76. Whenever it appears to the Director of Health Services that a dan- gerous infectious disease prevails in any town or place or district within any of the countries bordering upon Belize, or that it is probable that such disease may be brought into Belize from such town, place or district it shall be lawful for the Director of Health Services with the approval of the Minister to declare by public notification that such town, place or district is an infected town, place or district and it shall be lawful for the Director of Health Services by a like notification to withdraw and declare the same to be no longer in force.

77. Whenever it appears to the Director of Health Services that a dan- gerous infectious disease prevails in any town, place or district within Be- lize, or that it is probable that any such disease may spread from any such town, place or district to other parts of Belize, it shall be lawful for the Director of Health Services to declare by public notification that such town or place or district or that any area within certain limits of such town, place or district is an infected town, place, district or area, and it shall be lawful for the Director of Health Services by a like notification to withdraw and declare the same to be no longer in force.

Act to apply to vessels, tents, etc.

Penalty on failing to notify.

When town or place in border- ing countries may be declared infected.

When places within Belize may be declared infected.

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78. Whenever any town, place, district or area is declared to be in- fected under this Part all persons coming therefrom, together with their goods and effects and all vessels, doreys, pitpans and bungays that have come from or touched at any such town, place, district or area together with all persons, goods and merchandise whatever thereon shall be liable on arriving at any place in Belize outside of the infected town, place, dis- trict or area to undergo quarantine in such place, for such time and in such manner as shall be prescribed in regulations made by the Minister under this Part.

79. The Minister may provide in suitable places one or more buildings to be termed “isolation stations” for the reception of persons liable to undergo quarantine, and such other buildings, tents, vans, sheds and other places to be termed “disinfecting stations”, for the reception and disinfec- tion of personal effects, goods, merchandise and other articles, and such isolation and disinfecting stations shall be under the general control and management of the Director of Health Services.

80. The Minister may provide at the public expense in such places as he may think fit, suitable accommodation for the reception and treatment of persons suffering from infectious disease, to equip the same with furniture, appliances, medicines and instruments necessary for the proper treatment of such infectious diseases and to appoint the necessary officers and ser- vants, and the places at which such accommodation shall be thus pro- vided shall be termed “infectious diseases hospitals”, and shall be under the general control and management of the Director of Health Services.

81. The Director of Health Services may, on the occurrence of any epi- demic or infectious disease in any place, establish a dispensary or dispen- saries provided with a proper and sufficient supply of medicines and medical appliances and other comforts to be furnished gratuitously to such per- sons as are unable to pay for the same, and to appoint duly qualified medi-

Inland quarantine.

Isolation and disinfecting stations.

40 of 1963.

Infectious diseases hospital.

40 of 1963.

Dispensaries.

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cal practitioners and dispensers to take charge of and superintend such dispensaries who shall receive such remuneration as the Public Services Commission shall determine.

82. The Minister may make regulations-

(a) for the enforcement of quarantine under this Part in respect of any infected town, place, district or area;

(b) for the good government and management of isolation and disin- fecting stations, infectious diseases hospitals and dispensaries;

(c) for the payment, if any, to be made by persons received into isola- tion stations or infectious diseases hospitals;

(d) for payment, if any, to be made in respect of disinfection of goods, merchandise and other articles coming from any infected town, place, district or area,

and for securing the due observance of them may by such regulations pre- scribe as penalty for any breach thereof a fine not exceeding two hundred dollars.

83.-(1) The Director of Health Services may from time to time make regu- lations to be observed whenever any part of Belize appears to be threat- ened with or is affected by any infectious disease-

(a) for the disinfection of houses or parts thereof in which any person is suffering from, has recovered from, or has died of any infectious disease, and for the destruction or disinfection of articles likely to retain infection from such cases;

Minister to make regulations.

Director of Health Services to make regulations to be observed during prevalence of infectious disease.

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(b) for the manner of dealing with discharges and dejecta from patients suffering from infectious disease;

(c) for the safe and speedy interment of the dead in cemeteries as may be set apart for the purpose;

(d) for house to house visitation;

(e) for guarding against the spread of disease by notice and such other means as he shall see expedient.

(2) All regulations made under this section shall be approved by the Minister and published in the Gazette.

84.-(1) The Director of Health Services shall see to the execution of the regulations made under section 83 and shall appoint such officers as may be necessary for the purpose of carrying out such regulations.

(2) Any health officer and any officer acting under his authority shall have power to enter on any premises or vessel for the purpose of executing or superintending the execution of any such regulations, and the Director of Health Services may from time to time direct any prosecution or legal pro- ceedings for or in respect of the violation of such regulations.

85. Every person who wilfully violates any regulations made under sec- tion 83, or who wilfully obstructs any person acting under the authority or in the execution of any such regulations is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

86.-(1) Where any person is suffering from a dangerous infectious disease and is lodged in a room or dwelling occupied by others besides those in attendance on him in which proper precautions cannot be taken for pre-

Director of Health Services

Penalty on violation of regulations.

Removal of infected persons without proper lodging.

to see to the execution of rules and regulations.

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venting the spread of the disease, any justice of the peace may, on the application of a medical officer of health, by order on a certificate signed by him or by a duly registered medical practitioner, direct the removal at public expense, from the room or dwelling in which such person suffering from such disease is lodged, of all others not in attendance on him, making suitable accommodation for such other persons:

Provided that no such order shall be necessary where the removal is carried out with the consent of such other persons or their parents or guard- ians.

(2) The order may be addressed to any police officer, and if any per- son wilfully disobeys or obstructs the execution of such order he is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

87.-(1) Where any person is suffering from a dangerous infectious dis- ease, it shall be lawful for any justice of the peace or medical officer of health or duly registered medical practitioner attending such person, to prohibit all persons not in attendance on such person from entering the room where such person suffering from such disease is lodged.

(2) If any person wilfully disobeys any such prohibition he is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

88. Whenever it appears to any medical officer of health or to any reg- istered medical practitioner, that the cleansing and disinfecting of any house or part thereof, or of any articles therein likely to retain infection, would tend to prevent or check infectious disease, it shall be the duty of that medical officer to cleanse and disinfect such house or part thereof and the articles therein likely to retain infection.

Penalty on unauthorised persons visiting infected person.

Disinfection of houses or articles liable to retain infection.

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89.-(1) Any medical officer of health may by notice in writing require the owner of any bedding, clothing or other articles which have been exposed to the infection of any infectious disease to cause the same to be delivered over to him for removal for the purpose of disinfection, and any person who fails to comply with such requirement is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

(2) The bedding, clothing, and articles shall be disinfected, and shall be brought back and delivered to the owner free of charge, and if any of them suffer any unnecessary damage the Director of Health Services shall com- pensate the owner for the same and the amount of compensation shall be recoverable in, and in case of dispute shall be settled by, a court of sum- mary jurisdiction.

90. The Director of Health Services may provide a proper place, with all necessary apparatus and attendance, for the disinfection of bedding, cloth- ing or other articles which have been exposed to the infection of any infec- tious disease, and may cause any such articles to be disinfected free of charge.

91. The Director of Health Services may destroy or direct the destruc- tion of any bedding, clothing, or other articles which have been exposed to infection from any infectious disease.

92.-(1) Where any hospital or place suitable for the reception of the sick is within convenient distance, any person who is suffering from any infectious disease, and is either without proper lodging and accommodation, or is lodging in a room occupied by more than one person or in a common lodg- ing house, or is on board any vessel, may be removed by order of any medical officer of health to such hospital or place.

Disinfection of bedding, clothing, etc.

Provision of means of disinfection.

Destruction of bedding, etc.

Removal of infected person to hospital.

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(2) Any order under this section may be addressed to any police officer or to such officer or officers as the medical officer of health may determine, and any person who wilfully disobeys or obstructs the ex- ecution of such order shall be liable to a fine not exceeding one hundred dollars.

93. Any person who-

(a) while suffering from any infectious disease, wilfully exposes him- self without proper precautions against spreading the said dis- ease in any street, public place, school, store, factory, shop, inn or public conveyance or enters any public conveyance without previously notifying the owner, conductor or driver thereof that he is so suffering; or

(b) being in charge of any person so suffering, so exposes such suf- ferer; or

(c) gives, lends, sells, transmits or exposes without previous disin- fection any bedding, clothing, rags or other things which have been exposed to infection from any such disease,

is guilty of an offence and is liable to a fine not exceeding two hundred dollars.

94.-(1) Every owner, conductor or driver of a public conveyance shall immediately provide for the efficient disinfection of such conveyance af- ter it has to his knowledge conveyed any person suffering from any in- fectious disease, and if he fails to do so is guilty of an offence and is liable to a fine not exceeding two hundred dollars.

(2) No such owner, conductor or driver shall be required to convey any person so suffering until he is paid a sum sufficient to cover any loss

Penalty for exposing infected person or articles.

Public convey- ance to be disinfected after carrying infected person.

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or expenses he may incur in carrying into effect the provisions of this sec- tion.

95. Every person who knowingly lets on hire any house, room or part of a house in which any person has been suffering from any infectious disease without having such house, room or part of a house and all articles therein liable to retain infection disinfected to the satisfaction of a medical officer of health or registered medical practitioner as testified by a certificate signed by such medical officer of health or medical practitioner is guilty of an of- fence and is liable to a fine not exceeding two hundred dollars.

96. Whenever any part of any building is used as a dwelling, and another part is used as a school, factory, shop, store, public house or place of public resort or meeting, and a medical officer of health is satisfied that any dangerous infectious disease exists in that part of the building used as a dwelling, he may declare such building to be infected, and may direct the owner or manager of the school, factory, shop, store, public house or place of public resort or meeting to close such part of the said building so used, and such owner or manager shall close such school, factory, shop, store, public house, or place of public resort or meeting and keep it closed till otherwise directed by the medical officer of health, or till the removal of the patient or patients from the premises, and the efficient disinfection of the rooms used by such patient and articles therein, and in case of non-compli- ance with this section such owner or manager is guilty of an offence and is liable to a fine not exceeding two hundred dollars, and to a further fine not exceeding twenty dollars for every day he continues in default.

97.-(1) Every parent or person having care or charge of a child who is or has been suffering from an infectious disease, or who resides in a house where such disease exists or has existed within a period of three months, who shall knowingly or negligently permit such child to attend school with- out procuring and producing to the teacher or other person in charge of

Penalty for letting infected house without previous disinfection.

Closure of schools, etc., when dangerous infectious disease exists on premises.

Penalty on sending child to school so as to spread infection.

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such school a certificate from a medical officer of health or registered medical practitioner that such child has become free from disease and infection, and that the house and everything therein exposed to infection has been disinfected to the satisfaction of such medical officer or practi- tioner is guilty of an offence and is liable to a fine not exceeding twenty dollars:

Provided that if a person is not required to send notice in the first in- stance but only in default of some other person, he shall not be liable to any penalty, if he satisfies the court that he had reasonable cause to sup- pose that the notice had been duly sent.

(2) Every teacher or person in charge of any school, who knowingly permits any child to attend such school in contravention of this section is guilty of an offence and is liable to a fine not exceeding twenty dollars.

(3) Whenever the Director of Health Services is satisfied that a dan- gerous infectious disease exists in any town or place, and that the closure of any school is necessary for checking the spread of such disease, the Director of Health Services may order the manager or person in charge of any such school to close the school, and such manager or person in charge shall forthwith carry out that order, till otherwise directed by the Director of Health Services.

(4) The principal of a school in which any scholar is suffering from an infectious disease shall, if required by a medical officer of health, furnish to him within a reasonable time fixed by him a complete list of the names and addresses of the scholars, in or attending the school, or any specified de- partment of the school.

(5) If the principal of a school fails to comply with subsection (4) he is guilty of an offence and is liable to a fine not exceeding twenty-five dollars.

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(6) In subsections (4) and (5) “the principal” means the person in charge of a school, and includes, where the school is divided into departments and where no one person is in charge of the whole school, the head of any department.

98. No person, without the sanction in writing of a medical officer of health or of a registered medical practitioner, shall retain unburied else- where than in a public mortuary or in a room not used at the time as a dwelling-place, sleeping-place or work-room, for more than twelve hours, the body of any person who has died of any infectious disease.

99.-(1) If any person dies from any infectious disease in any hospital or place of temporary accommodation for the sick, and a medical officer of health, or registered medical practitioner, certifies that in his opinion it is desirable, in order to prevent the risk of communicating any infectious dis- ease or of spreading infection, that the body should not be removed from such hospital or place except for the purpose of being forthwith buried, it shall not be lawful for any person or persons to remove such body from such hospital or place except for the last-mentioned purpose, and when the body is taken out of such hospital or place for that purpose it shall be forthwith carried or taken direct to some cemetery or place of burial, and shall be forthwith there buried.

(2) Nothing in this section shall prevent the removal of any dead body from any hospital or temporary place of accommodation for the sick to any mortuary, and such mortuary shall, for the purposes of this section, be deemed part of such hospital or place as aforesaid.

100.-(1) Where the body of any person who has died from any infectious disease remains unburied elsewhere than in a mortuary or in a room not used at the time as a dwelling-place, sleeping-place or work-room, for more than twelve hours after death without the sanction of a medical officer

Prohibiting retention of dead bodies.

Bodies of persons dying of infectious diseases in hospital, etc., to be removed only for burial.

Justices may in certain cases order dead bodies to be buried.

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of health or of a registered medical practitioner, or where the dead body of any person is retained in any house or building so as to endanger the health of the inmates of such house or building, or of any adjoining or neighbouring house or building, any justice of the peace may, on the appli- cation of a medical officer of health, order the body to be removed to any available mortuary, and direct the same to be buried within a time to be stated in the order, and any justice of the peace may, in the case of the body of any person who has died of any infectious disease, or in any case in which he considers immediate burial necessary, direct the body to be so buried.

(2) Unless the friends or relatives of the deceased undertake to bury and do bury the body within the time stated in such order, it shall be the duty of an officer employed for the purpose by the Public Services Com- mission or a local authority to bury such body, and any expense so in- curred may be recovered by such officer in a summary manner from any person legally liable to pay the expenses of such burial.

101. Any person who shall knowingly cast, or cause or permit to be cast, into any ash-pit, ash-tub or other receptacle for the deposit of refuse mat- ter any infectious rubbish without previous disinfection, is guilty of an of- fence.

102. If any person holds a wake or permits a wake to be held in any house, room or place, over which he has control, over the body of any person who has died of any infectious disease he is guilty of an offence and is liable to a fine not exceeding one hundred dollars.

103.-(1) Any medical officer of health, who considers that any building, or any vessel, whether in quarantine or not, or any article, whether in a build- ing or vessel or not, or any person or the clothing of any person is in such

Penalty for throwing infec- tious rubbish into ash-pits.

Penalty for holding a wake over the body of a person dying of an infectious disease.

Power of medical officer of health to order destruction of vermin.

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a verminous state as to be likely to spread disease, may direct such building or vessel or any part thereof or such article or clothing to be fumigated or otherwise treated, or such person to bathe or otherwise treat his entire body in such manner as may be necessary to ensure the complete destruc- tion of all vermin.

(2) Such fumigation or treatment shall be carried out by or under the orders of a medical officer of health.

104. All expenses incurred in connection with any fumigation or other treat- ment may be recovered by a health officer summarily-

(a) in the case of a building or any article in a building, from the occu- pier or, if there is no occupier, from the owner of the building;

(b) in the case of a vessel or any article in any vessel, from the owner, master, or agent of the vessel;

(c) in the case of any article not in a building or vessel, from the owner of the article;

(d) in the case of any person in a vessel in quarantine, from the owner, master, or agent of the vessel;

(e) in the case of any person not in a vessel or in a vessel not in quaran- tine, from that person.

105. Any person who obstructs the carrying out under this Act of any fumigation or other treatment, and any person who fails to bathe or other- wise treat his entire body as directed by a medical officer of health acting under the powers conferred upon him by this Act shall be liable to a fine not exceeding one hundred dollars, and in the latter case the person may be

Recovery of expenses.

Penalty for obstructing work.

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bathed or otherwise treated as directed as aforesaid by force.

106.-(1) In order to facilitate the detection of hookworm disease, en- teric and other forms of intestinal infestation and infections, or of syphi- lis, gonorrhea, malaria, tuberculosis, a medical officer of health, or a member of the Medical or Health Services authorised by him, may by notice in writing require any person, at such time and reasonable place as may be appointed by such officer, to-

(a) bring and leave a sample of his faeces or urine;

(b) attend for the purpose of providing such a sample; and

(c) undergo such clinical examination or tests as may be required.

(2) In order to control the spread of any disease mentioned in this section, a medical officer of health may by notice in writing require any person who in his opinion is a carrier-

(a) not to engage in any occupation which involves the preparation, handling or distribution to the public of any article of food or drink; or

(b) not to do any work connected with the maintenance of any pub- lic water supply; or

(c) not to reside on any premises connected with the functions de- scribed in paragraphs (a) and (b);

(d) not to associate or consort with persons who are not in atten- dance upon him;

Powers for detection and control of certain diseases. 20 of 1973.

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(e) to do or to refrain from doing anything not otherwise specified herein;

(f) to submit to medical treatment for the disease carried and for that purpose to attend at the place and the time appointed.

(3) “Carrier” in this section means a person appearing to a medical officer of health to be infected by a disease mentioned in this section.

(4) Any person on whom a notice has been served under this section who without reasonable cause refuses or fails either to comply with it, or to submit to medical treatment intended to cure him so as to control the spread of the disease carried by him is guilty of an offence and upon conviction liable to a fine not exceeding one hundred dollars, and in addition shall, on the application of a medical officer of health, be detained in custody by such person and in such place as the court orders until after the necessary treatment has been fully administered, reasonable force being used if nec- essary.

(5) In the proceedings for failure or refusal to comply with the notice under subsection (1), no person shall be convicted unless the failure or refusal alleged against him persisted for forty-eight hours or more after re- ceipt by him of the notice.

107.- (1) Where a court of summary jurisdiction is satisfied-

(a) that a person suffering from tuberculosis of the respiratory tract, in this section referred to as “the patient”, is in an infectious state; and

(b) that his circumstances are such that proper precautions to prevent the spread of infection cannot be taken, or that such precautions are not being taken; and

Removal to hospital of infectious persons suffering from tuberculosis of the respiratory tract.

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(c) that serious risk of infection is thereby caused to other persons; and

(d) that accommodation for him is available in a suitable hospital or institution,

it may on the application of the Director of Health Services order him to be removed thereto and to be detained and maintained therein for such period not exceeding three months as the court thinks fit.

(2) Where, before the expiration of any period for which a patient has been ordered to be detained under this section, a court of summary ju- risdiction acting for the same district is satisfied that the conditions which led to the order of such patient’s detention will again exist if he is not detained for a further period, it may on the application of the Director of Health Services order his detention for a further period not exceeding three months.

(3) Before making an application for an order under this section, the Director of Health Services shall give to the patient, or to some person having the care of him, not less than three clear days’ notice of the time and place at which the application will be made.

(4) On the hearing of any application under this section, the court may, if it thinks it necessary to do so, require the patient to be examined by such registered medical practitioner as it may direct.

(5) The Director of Health Services on whose application an order has been made under this section shall, if so directed by the court-

(a) pay the whole, or such part as the court may direct, of the cost of the patient’s removal to and maintenance in the hospital or institu- tion;

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(b) make towards the maintenance of any of his dependents such con- tribution as the court may direct,

and, in the absence of any direction by the court, may pay the whole or such part, if any, as he thinks fit of the said cost and make such contribu- tion, if any, as he thinks fit.

(6) At any time after the expiration of six weeks from the date of an order made under subsection (1), application for the recession of that or- der if it is still in force, or of any further order made under subsection (2), may, upon not less than three clear days’ notice to the Director of Health Services, be made to a court of summary jurisdiction acting for the same district, and upon the hearing of any such application the court may rescind the order.

(7) An order under this section may be addressed to the Director of Health Services and that officer and any officer of the hospital or institution named in such order may do all acts necessary for giving effect to the order.

PART V

Lepers

108. The Minister may from time to time by order published in the Gazette appoint any place to be a leper asylum for the segregation and treatment of lepers and define the limits and extent of such asylum.

109.-(1) It shall be the duty of every person having knowledge of the exist- ence of a leper in any place outside the limits of any asylum to give informa- tion thereof to the magistrate of the district in which the alleged leper re- sides or is found and the magistrate shall forthwith report it to the Director of Health Services.

Appointment of asylum.

Penalty for neglecting to report existence of any leper.

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(2) Every person wilfully neglecting to give such information, and ev- ery magistrate wilfully neglecting to report it, shall be guilty of an offence and shall be liable for each such offence to a fine not exceeding one hun- dred dollars.

110. On the receipt of a report under subsection (1) of section 109, the Director of Health Services shall forthwith forward it to the Minister and such inspection and examination of the alleged leper shall be held and such report made thereon as the Minister shall order or as shall be from time to time prescribed by such general regulations in that behalf as may be ap- proved by the Minister.

111.-(1) Subject to subsection (2), after such inspection, examination and report as mentioned in section 110 the Minister may if he thinks fit order the leper to be removed to and detained in a leper asylum.

(2) No person shall be detained in a leper asylum unless a certificate has been given by two registered medical practitioners, one of whom shall be the Director of Health Services or a medical officer of health, that he is actually suffering from the disease of leprosy.

112.-(1) No person detained as a leper in a leper asylum shall leave the asylum without the permission in writing of the Director of Health Services or a medical officer of health.

(2) Any person acting in contravention of this section is guilty of an offence and is liable for each such offence to such punishment as may be prescribed by the regulations made under this Part.

113. Any person found within the limits of a leper asylum without the written permission of the Director of Health Services or of a medical of-

Action to be taken on receipt of a report. 40 of 1963.

Order for removal to and detention in asylum. 40 of 1963.

Leper not to leave asylum without permis- sion.

Penalty for person found within limits of asylum without authority.

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ficer of health or without lawful authority is guilty of an offence and shall be liable for each such offence to a fine not exceeding one hundred dollars.

114.-(1) No leper, who is not a native of Belize or lawfully domiciled therein, shall land at any port of Belize from any place outside Belize.

(2) The master of any vessel, who suffers or omits to prevent the landing from such vessel at any port in Belize of any person, not being a native of Belize or lawfully domiciled therein, whom he knows or has rea- sonable grounds for supposing to be a leper, shall be liable to a fine not exceeding five hundred dollars.

115.-(1) Every leper landing in contravention of section 114 may be brought before a magistrate who may examine such leper and any witness on oath touching the place from which the leper was brought into Belize, and may cause the leper to be removed to the place from which he was so brought in such manner as the Minister may direct.

(2) The reasonable cost of the leper’s removal and of his maintenance in Belize pending his removal shall be borne and paid by the master, or other person in charge of the vessel in which the leper was brought to Belize, by whose act or default the leper was permitted to land, and such costs may be sued for and recovered as money due to Belize.

116.-(1) If a medical officer of health has reason to suspect that any person on board any vessel which comes into Belize is afflicted with leprosy, but such person denies that he is so afflicted, it shall be lawful for the medical officer of health by writing directed to the master or other person in charge of such vessel to make an order that the person suspected to be so afflicted shall be detained on board the vessel until he has been examined by the Director of Health Services and such other medical practitioner or practi- tioners, if any, as the Minister may see fit to appoint.

Landing of lepers prohibited.

Lepers unlawfully landed may be returned to place whence they came. 40 of 1963.

Medical officer may detain leper on vessel.

40 of 1963.

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(2) On receipt of such order the master or other person in charge of the vessel shall cause the person indicated therein to be detained on board the vessel until he has been examined as required by the order, and if any person in respect of whom such an order of detention has been made lands in Belize without the written permission of the medi- cal officer of health, the master or other person in charge of the vessel shall be liable to a fine not exceeding five hundred dollars.

(3) A medical officer of health, on making any such order for the detention of any person as aforesaid, shall immediately notify the same and the time of making such order to the Permanent Secretary and the Director of Health Services, together with such medical practitioner, if any, as may be appointed by the Minister for that purpose, shall within twenty-four hours of the time of the making of the order of detention visit the vessel and examine the person detained and shall certify in writ- ing to the Minister whether such person is afflicted with leprosy or not.

(4) If it appears by such certificate that the person detained is not afflicted with leprosy, the medical officer of health shall forthwith make an order permitting his landing, but, if it appears by such certificate that the person is afflicted with leprosy, it shall not be lawful for him to land in Belize without the permission of the Minister, to be granted on the Min- ister being satisfied that the person is a native of Belize or lawfully domi- ciled therein.

117. Every person unlawfully landing in breach of sections 114 to 116 may be committed to a leper asylum by a warrant under the hand of the Minister, and may be detained therein until discharged by order of the Minister.

Lepers landing may be sent to asylum. 40 of 1963.

S.I. 17 of 1964.

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118. The Director of Health Services or any person appointed by him may at all reasonable times enter any premises which, with six months be- fore such entry, have been inhabited by any person suffering from leprosy and do such acts therein for the purpose of cleansing and disinfecting the same as he may think fit.

119.-(1) The Minister may from time to time make such regulations as may be deemed necessary-

(a) for the removal of lepers to a leper asylum;

(b) for the proper management and sanitation of any leper asylum;

(c) for the discipline and good order of the inmates of any such asylum;

(d) for the custody and punishment of lepers accused of and found guilty of offences;

(e) generally for the better carrying out of this Part and for the well being of any such asylum and the inmates thereof.

(2) Any person acting in contravention of any regulation made under this section is guilty of an offence and is liable for each such offence to a fine not exceeding fifty dollars.

PART VII

Mosquito Destruction

120. In this Part-

Cleansing and disinfecting premises.

Regulations. 40 of 1963.

Interpretation of terms.

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“netting” means wire gauze of not less than eighteen mesh to the inch each way or perforated metal with openings not larger than those in such wire gauze;

“notice” means a written notice addressed by a health officer to the occupier or owner of any premises or water receptacle, and every such notice shall be deemed to have been duly served by delivering it or a duplicate thereof to some adult person on the premises or, if there is no person on the premises who can be so served, by fixing it on some conspicuous part of the premises, or in the case of a water receptacle by fixing it on the water receptacle, in respect of which such notice is issued;

“oil” means such oil as the Director of Health Services with the approval of the Minister may from time to time by regulation pre- scribe and pending the publication in the Gazette of any such regu- lation, coal-oil or petroleum or tar may be used for the purposes of this Part;

“owner” means the person for the time being receiving the rent of the premises or water receptacle in connection with which the word is used, or who would so receive it if such premises or water re- ceptacle were let at a rent, and whether on his own account or as agent or representative for any other person.

121.-(1) A health officer may, at any time between sunrise and sunset enter upon any premises to ascertain whether there exists breeding places for mosquitoes, in or on such premises, or for the performance of any act or thing which such officer may hereunder lawfully do or perform in connection therewith.

Power to inspect and to spray premises.

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(2) Subject to subsection (3) any officer accompanied by a health of- ficer, or any officer authorised in writing in that behalf by a health officer may enter any premises at all reasonable times, having regard to the nature of the premises, for the purpose of spraying such premises.

(3) No premises shall be sprayed on Sundays, or before the hour of seven in the morning or after the hour of six in the evening of any day.

(4) If the owner or occupier of any premises, or any part thereof, pre- sents to the officer authorised to spray his premises, a certificate from a medical officer of health to the effect that the premises shall not be sprayed on account of the state of health of any occupant therein, then such pre- mises shall not be sprayed. Such certificate shall remain in force for one week only, but may be renewable for a like period from time to time.

(5) For the purposes of this section, the expression “to spray premises” means to treat all premises, including the contents of all buildings and struc- tures thereon, with such insecticides as may be prescribed from time to time for the purpose by the Director of Health Services.

122.- (1) Subject to subsection (2), a health officer may at any time treat stagnant water by applying oil to its surface in such a manner as to destroy mosquitoes.

(2) Oil shall not be put into a cistern or other water container which is properly screened from mosquitoes, and only refined oil shall be placed in receptacles containing water used for drinking.

123.-(1) Whenever it appears to the Director of Health Services that a case of yellow fever has occurred or that a case of fever has occurred of which the diagnosis is doubtful but which may possibly be one of yellow

Power to treat stagnant water by applying oil.

Power to order fumigation of premises in certain events.

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fever the Director of Health Services shall order the fumigation of the pre- mises in which such case has occurred and also of any premises situated within one hundred yards of the said premises, and the Director of Health Services may order the fumigation of such other premises as he may think advisable.

(2) The fumigation shall be carried out under the supervision of a medi- cal officer of health.

124.-(1) Whenever any owner or occupier fails to comply with a notice as provided in the regulations made under this Part, the Director of Health Services may direct a health officer to enter upon the premises and carry out such work as may be necessary and as required by the notice and shall be entitled in addition to proceeding for a conviction for any offence com- mitted under this Part to recover the cost of such work.

(2) Where in the opinion of the Director of Health Services any owner or occupier is from poverty or otherwise unable effectually to carry out the requirements of any notice served under the regulations made under this Part the Director of Health Services may direct that any cost or ex- pense incurred may be defrayed out of funds at the disposal of the Direc- tor of Health Services or that such owner or occupier pays only so much of the cost and expense as in his opinion such owner or occupier is able to pay.

125.-(1) The Director of Health Services from time to time may make regulations relating to-

(a) the protection from mosquitoes of receptacles for storing water;

(b) the keeping of premises free from stagnant water liable to breed mosquitoes, and from articles, plants and appliances which may retain stagnant water;

Director of Health services empow- ered to carry out necessary work and to recover cost.

Power of Director of Health Services with the approval of Minister to make regulations.

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(c) the keeping in repair and free from obstruction of gutters and down pipes;

(d) the effective destruction of mosquitoes;

(e) the spraying of premises with insecticides, including the duties of officers and of occupiers of premises during and after the spraying thereof;

(f) the better carrying out of this Part.

(2) All regulations made by the Director of Health Services under the authority of this Part shall be subject to the approval of the Minister, and shall come into force on publication in the Gazette.

(3) There may be attached to any such regulation a fine for the breach of the same not exceeding one hundred dollars, and in the case of a continuing offence a further fine not exceeding ten dollars for each day after written notice of the offence from the Director of Health Services.

PART VIII

Offensive Trades

126. In this Part-

“knacker” means a person who carries on the business of killing horses, asses, mules or cattle for any purpose other than the use of the flesh as butcher’s meat.

127.-(1) Where any premises used for any trade, business, process of manufacture causing effluvia are certified to the Director of Health Services by a medical officer of health, or by any two registered medical practitio-

Interpretation.

Nuisance arising from offensive trade.

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ners, or by any ten inhabitants of the neighbourhood, to be a nuisance or injurious or dangerous to the health of any such inhabitants, the Director of Health Services shall make a complaint to the court within whose jurisdic- tion the premises are situate, and if it appears to the court that the trade, business, process of manufacture carried on by the respondent is a nui- sance, or causes effluvia which are a nuisance or injurious or dangerous to the health of any of the inhabitants of the neighbourhood, then, unless it is shown that the respondent has used the best practicable means for abating the nuisance or preventing or counteracting the effluvia, the person so of- fending shall, if he is the owner or occupier of the premises or a foreman or other person employed by the owner or occupier, be guilty of an of- fence and be liable to a fine not exceeding two hundred and fifty dollars.

(2) The court may suspend its final determination on condition that the defendant undertakes to adopt, within a reasonable time, such means as the court may think practicable, and order to be carried into effect, for abating the nuisance or mitigating or preventing the injurious effects of the effluvia.

(3) The Director of Health Services may, on receiving such a certifi- cate as is mentioned in subsection (1), cause proceedings to be taken either before a court of summary jurisdiction within whose jurisdiction the premises are situate or in the Supreme Court against any person in respect of the matters alleged in the certificate.

128.-(1) The Minister may make regulations-

(a) for the prevention of nuisances arising from any offensive matter running out of any manufactory, brewery, slaughter-house, knacker’s yard, butcher’s or fishmonger’s shop or dunghill or similar entity or place; and

Regulations as to prevention of nuisances from factories. 7 of 1983.

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(b) for the prevention, control or reduction of pollution or contamina- tion of the air, soil or water caused by any activity or condition resulting in the emission of a pollutant or contaminant into the envi- ronment.

(2) Except as otherwise provided by regulations made under this section, a police officer may arrest without warrant and take before a mag- istrate any person whom he finds committing an offence under the regula- tions and who refuses to give his name and address.

(3) For the purposes of this section the expression “environment” means air, soil and water.

(4) Any regulation made under this section shall be subject to affirma- tive resolution by the National Assembly.

(5) Where the Government incurs any expenses in preventing, control- ling or reducing any pollution or contamination of the air, soil or water caused by any activity of any entity such expenses may be recovered from the entity in a court of summary jurisdiction as if it were a fine imposed by such court.

129.-(1) No person shall within the boundaries of any town enumerated and demarcated in the Fourth Schedule-

(a) establish a business of blood boiler, bone boiler, manure manufac- turer, soap boiler, tallow melter or knacker; or

(b) establish, without the written consent of the Director of Health Ser- vices, the business of fell-monger, tripe boiler or slaughterer, or any other business which the Minister may, by order published in the Gazette, declare to be an offensive business.

Restrictions on carrying on of offensive business. Fourth Schedule.

7 of 1983.

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(2) Any person by whom a business is established in contravention of subsection (1) is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars in respect of the establishment thereof.

(3) Any person who carries on a business established in contra- vention of subsection (1) is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars for every day during which he carries on the business:

Provided that-

(a) subsection (1) shall not render any person liable to a fine for es- tablishing, without the consent of the Director of Health Services, or carrying on, the business of soap boiler, if and so long as that business is a business in which tallow or any animal fat or oil other than olein is not used by admixture with alkali for the production of soap;

(b) the Minister may at any time by order published in the Gazette add any other town to the said Schedule and demarcate the bound- aries thereof and thereupon this section shall apply to such town and within the area so demarcated.

(4) Every consent given for the purposes of subsections (1) to (3) shall be given by order of the Director of Health Services, and any order under this subsection is hereafter referred to as an “establishment order”.

(5) At least fourteen days before making an establishment order with respect to any business, the Director of Health Services shall-

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(a) advertise a notice of the application for the order, and of the time and place at which he will be willing to hear persons objecting to the making of the order; and

(b) cause a copy of the notice to be posted on a conspicuous part of the premises in which it is proposed to establish the business,

and shall consider any objection made at that time and place, and grant or withhold his consent as he thinks expedient.

(6) There shall be charged for every establishment order such fee not exceeding ten dollars as the Director of Health Services may fix.

(7) For the purposes of this section, a business shall be deemed to be established-

(a) if it is established newly;

(b) if it is removed from one set of premises to any other premises;

(c) if it is re-established on the same set of premises after having been discontinued for a period of nine months or more; or

(d) if the premises on which it is for the time being carried on are en- larged without the consent of the Director of Health Services,

but a business shall not be taken to be established on any premises by reason only that the ownership of the premises is wholly or partly changed or that the building in which it is established, having been wholly or partly pulled down, burnt down or otherwise destroyed has been reconstructed without any extension of its area.

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(8) Any consent given for the purposes of this section may be given subject to such conditions as the Director of Health Services thinks fit to impose.

130.-(1) An establishment order in respect of any business may authorise the carrying on of the business during such period as may be specified in the order and during such further period, if any, as the Director of Health Services may allow.

(2) Any person who carries on the business after the expiration of the period so specified or, if that period has been duly extended, the expira- tion of the extended period, as the case may be, is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars and to a further fine not exceeding two hundred and fifty dollars for every day on which the offence continues after conviction.

(3) An extension of time under this section may be granted subject to such conditions as the Director of Health Services thinks fit to impose.

(4) Where, after the making of an establishment order, or the granting of any extension of time, for the purposes of section 129 any alteration occurs in the circumstances affecting the business to which the order or extension relates, the Director of Health Services, may, at any time after the occurrence of the alteration, either by a fresh order or by endorsement on the original order or on any document evidencing the grant of the ex- tension, do all or any of the following things-

(a) if the original order was made, or the extension was granted, un- conditionally, attach thereto such conditions as he thinks fit;

(b) modify or waive any conditions previously imposed;

(c) impose additional or substituted conditions:

Incidental provisions relating to the sanctioning of offensive businesses.

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Provided that at least fourteen days before exercising any of his powers under this subsection with respect to any business, the Director of Health Services may publish his intention to do so in the manner prescribed by section 129 (5) in relation to an application for an order under that section, and unless an application for such an order or endorsement has been made by the person carrying on the business, shall give that person notice of his intention.

(5) If any condition imposed or modified as aforesaid is contravened in the case of any business, the person for the time being carrying on the busi- ness is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars and to a further fine not exceeding two hundred and fifty dollars for every day on which the offence continues after conviction.

(6) There shall be charged for every order or endorsement under this section such fee, not exceeding ten dollars, as the Director of Health Ser- vices may fix.

131.-(1) The Director of Health Services may, with the approval of the Minister, make regulations for regulating the conduct of any such business specified in section 129 and the structure of the premises on which any such business is being carried on, and the mode in which application is to be made for an establishment order.

(2) Regulations under this section may empower a court of summary jurisdiction by order to deprive any person, either temporarily or perma- nently, of the right of carrying on any business to which the regulations re- late as a punishment for contravening the regulations, and any person dis- obeying such an order is guilty of an offence and is liable to a fine not exceeding two hundred and fifty dollars for every day during which the disobedience continues.

Regulations as to offensive business.

40 of 1963.

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(3) A medical officer of health may enter any premises at any hour by day, or at any hour when business is in progress, or is usually carried on, in the premises, for the purpose of ascertaining whether there is any contravention therein of any regulations made under this section.

(4) Nothing in this section shall require any consent to the slaugh- ter of cattle at any slaughter-house which is maintained at public ex- pense.

PART IX

Sanitation and Prevention of Nuisances

132.-(1) The Minister may make regulations to provide for-

(a) the removal of house refuse, and other offensive matter;

(b) the cleansing of earth-closets, privies, ash-pits, cesspools, sump pits and septic tanks;

(c) the cleansing and watering of streets;

(d) the trimming of trees and control of vegetation on private lands and premises abutting on any public road, street, thoroughfare or other public place or having a frontage to the sea or a river;

(e) the cleansing of unwholesome or verminous houses;

(f) the cleansing or destruction of filthy or verminous articles;

(g) the cleansing of verminous persons and their clothing;

Regulations for sanitation.

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(h) the regulation and control, including the prohibition, of stables, mews, pig-sties and other premises for the keeping of animals in towns, villages or other populous areas;

(i) the charging or levying of fees or rates for such services.

(2) Regulations made under this section may confer powers and impose duties in connection with the enforcement and carrying out thereof on Government departments, officials, Town Councils or other local au- thorities, magistrates, owners or others as the Minister may seem fit.

133. No person shall cause a nuisance or shall suffer to exist on any land or premises owned or occupied by him or of which he is in charge or con- trol any nuisance or other condition liable to be injurious or dangerous to health.

134. In this Part the term “Local Authority” means in respect of any town, district or area the Director of Health Services, Town Council, Village Coun- cil or other officer or local authority appointed by the Minister by notice in the Gazette to be for the purposes of this Part the Local Authority for that town, district or area.

135. The conditions to be deemed nuisances liable to be dealt with in the manner provided in this Part are-

(a) any vehicle in such a state or condition as to be injurious or danger- ous to health;

(b) any dwelling or premises or part thereof which is or are of such construction or in such a state or so situated or so dirty or so ver- minous or so damp as to be likely to be injurious or dangerous to

Nuisances prohibited.

Interpretation of Local Authority. 40 of 1963.

What consti- tutes nuisance.

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health or which is or are liable to favour the spread of any infec- tious disease;

(c) any street, road or any part thereof, any stream, pool, ditch, gutter, watercourse, sink, water-tank, cistern, water-closet, earth-closet, privy, urinal, cesspool, soak-away pit, septic tank, cesspit, soil-pipe, waste-pipe, drain, sewer, garbage receptacle, dust-bin, dung-pit, refuse-pit, slop-tank, ash-pit, manure-heap, so foul or in such a state or so situated or constructed as to be offensive or to be likely to be injurious or dangerous to health;

(d) any growth of weeds, long grass, trees, undergrowth, hedge, bush or vegetation of any kind which is injurious or dangerous to health, and any vegetable that of itself is dangerous to chil- dren or others either by its effluvia or through its leaves, seeds, fruits or any part of it being eaten;

(e) any well or other source of water supply or any cistern or other receptacle for water, whether public or private, the water from which is used or is likely to be used by human beings for drink- ing or domestic purposes or in connection with any dairy or milkshop, or in connection with the manufacture or preparation of any article of food intended for human consumption, which is in a condition liable to render any such water injurious or dan- gerous to health;

(f) any noxious matter, or waste water, flowing or discharged from any premises, wherever situated, into any public street, or into the gutter or side channel of any street, or into any gulley, swamp or water-course, irrigation channel or bed thereof not approved for the reception of such discharge;

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(g) any collections of water, sewage, rubbish, refuse, ordure or other fluid or solid substances which permit or facilitate the breeding or multiplication of animal or vegetable parasites of men or domestic animals, or of insects or of other agents, which are known to carry such parasites or which may otherwise cause or facilitate the infec- tion of men or domestic animals by such parasites;

(h) any collections of water in any well, pool, gutter, channel, depres- sion, excavation, barrel, tub, bucket or any other article, and found to contain any of the immature stages of the mosquito;

(i) any cesspit, latrine, urinal, dung-pit, or ash-pit found to contain any of the immature stages of the mosquito;

(j) any stable, cow-shed or other building or premises used for keep- ing of animals or birds which is so constructed, situated, used or kept as to be offensive or which is injurious or dangerous to health;

(k) any animal so kept as to be offensive or injurious to health;

(l) any accumulation or deposit of refuse, offal, manure or other matter whatever which is offensive or which is injurious or dangerous to health;

(m) any accumulation of stones, timber or other material of any nature whatever if such is likely to harbour rats or other vermin;

(n) any premises in such a state or condition and any building so con- structed as to be likely to harbour rats;

(o) any dwelling or premises which is so overcrowded as to be injuri-

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ous or dangerous to the health of the inmates or is dilapidated or defective in lighting or ventilation, or is not provided with or is so situated that it cannot be provided with sanitary accommodation to the satisfaction of a medical officer of health;

(p) any public or other building which is so situated, constructed, used or kept as to be unsafe or injurious or dangerous to health;

(q) any occupied dwelling for which such a proper, sufficient and wholesome water supply is not available within a reasonable dis- tance as in the circumstances it is possible to obtain;

(r) any factory or trade premises not kept in a cleanly state and free from offensive smell arising from any drain, privy, water-closet, earth-closet, or urinal, or not ventilated so as to destroy or ren- der harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health of those employed therein;

(s) any factory or trade premises causing or giving rise to smells or effluvia which are injurious or dangerous to health;

(t) any area of land kept or permitted to remain in such a state as to be offensive, or liable to cause any infectious, communicable or preventable disease or injury or danger to health;

(u) any chimneys ending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to health;

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(v) any cemetery, burial place, crematorium or other place of sepulture so situated or so crowded or otherwise so conducted as to be of- fensive or injurious or dangerous to health;

(w) any gutter, drain, shoot, stack-pipe, down-spout, water-tank or cis- tern which by reason of its insufficiency or its defective condition causes damp in any dwelling;

(x) any deposit of material in or on any building or lane which causes damp in any building so as to be dangerous or injurious to health;

(y) any dwelling, public building, trade premises, work-shop or factory not provided with sufficient and sanitary latrines.

136. The author of a nuisance means the person by whose act, default or sufferance the nuisance is caused, exists or is continued, whether he be the owner or occupier or both owner and occupier or any other person.

137. A Local Authority or a medical officer of health, if satisfied of the existence of a nuisance, may serve a notice on the author of the nuisance, or, if he cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance arises or continues, requiring him to abate it within the time specified in the notice and if the Local Authority or medical officer of health thinks it desirable, but not otherwise, any work to be ex- ecuted to abate or to prevent a recurrence of the said nuisance may also be specified in the notice:

Provided that-

(a) where the nuisance arises from any want or defect of a structural character, or where the dwelling or premises are unoccupied, the notice shall be served on the owner;

Author of nuisance.

Notice to remove nuisance.

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(b) where the author of the nuisance cannot be found or it is clear that the nuisance does not arise or continue by the act or default or sufferance of the occupier or owner of the dwelling or pre- mises, the Local Authority shall remove the nuisance and may do what is necessary to prevent the recurrence thereof.

138.-(1) If the person on whom a notice to abate a nuisance has been served as aforesaid fails to comply with any of the requirements thereof within the time specified, or if the nuisance although abated since the service of the notice is, in the opinion of the Local Authority, likely to recur on the same premises, the Local Authority may cause a complaint relating to such nuisance to be made before the court of summary juris- diction and that court may thereupon issue a summons requiring the per- son on whom the notice was served to appear before it.

(2) If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises the court shall make an order on the author thereof, or the occupier or owner of the dwelling or premises, as the case may be, requiring him to comply with all or any of the requirements of the notice or otherwise to abate the nuisance within the time specified in the order and to do any works nec- essary for that purpose, or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence, or an order both requiring abatement and prohibiting the recurrence of the nuisance.

(3) The court may by such order impose a fine not exceeding fifty dollars on the person on whom the order is made and may also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order for the removal of the nuisance.

Procedure in case owner fails to comply with notice.

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(4) Before making any order, the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investiga- tion or analysis in respect of the nuisance alleged has been made by some competent person.

(5) Where the nuisance proved to exist is such as to render a dwell- ing unfit, in the judgment of the court, for human habitation, the court may issue a closing order prohibiting the use thereof as a dwelling until in its judgment the dwelling is fit for that purpose, and may further order that no rent shall be due or payable by or on behalf of the occupier of that dwelling in respect of the period in which the closing order exists, and on the court being satisfied that it has been rendered fit for use as a dwelling the court may terminate the closing order and by a further order declare the dwelling habitable, and from the date thereof such dwelling may be let or inhabited.

(6) Notwithstanding any such last-mentioned order, further proceed- ings may be taken in accordance with this section in respect of the same dwelling in the event of any nuisance occurring or of the dwelling being again found to be unfit for human habitation.

139.-(1) Any person who fails to obey an order by such court to comply with the requirements of a Local Authority or medical officer of health or otherwise to remove the nuisance, shall, unless he satisfies the court that he has used all diligence to carry out such order, be liable to a fine not exceed- ing ten dollars for every day during which the default continues, and every person wilfully acting in contravention of a closing order issued under sec- tion 138 shall be liable to a fine not exceeding ten dollars for every day during which the contravention continues.

(2) The Local Authority may in such a case enter the premises to which any such order relates and remove the nuisance and do whatever may be necessary in the execution of such order and recover in any competent court the expenses incurred from the person on whom the order is made.

Penalties in relation to nuisances.

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140. Whenever it appears to the satisfaction of the court that the person by whose act or default the nuisance arises, or that the owner or occupier of the premises is not known or cannot be found, the court may at once order the Local Authority to execute the works thereby directed and the cost of executing the same shall be a charge on the property on which the said nuisance exists.

141. Where any court has twice within a period of three months issued an order as specified in section 138 (2) relating to overcrowding of the same house or part of the same house the court may, on the application of a Local Authority order such house to be closed for such period as the court may deem necessary.

142. Any matter or thing removed by a Local Authority in abating any nuisance under this Part may be sold by public auction, and the money arising from the sale may be retained by the Local Authority, and applied in payment of the expenses incurred by them in reference to such nui- sance, and the surplus, if any, shall be paid, on demand, to the owner of such matter or thing if he establishes his claim thereto within two years from the date of such sale, failing which such surplus shall become part of the Consolidated Revenue Fund.

143.-(1) Where any nuisance liable to be dealt with in the manner pro- vided in this Part appears to be wholly or partly caused by the acts or defaults of two or more persons, a Local Authority may institute proceed- ings against any one of such persons or may include all or any two or more of them in one proceeding, and any one or more of such persons may be ordered to abate the nuisance, so far as it appears to be caused by his or their acts or defaults or may be prohibited from continuing any acts or defaults which contribute to the nuisance, or may be fined or otherwise dealt with notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance, and the costs may be distributed as may appear to the court fair and reasonable.

Court may order Local Authority to execute works in certain cases.

Provision in case of two orders for overcrowding relating to the same house.

Power of sale.

Persons jointly responsible for nuisances may be proceeded against.

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(2) Proceedings under subsection (1) against several persons in- cluded in one complaint shall not abate by reason of the death of any of the persons so included, but all such proceedings may be carried on as if such deceased person had not been originally so included.

(3) Where only some of the persons by whose act or default any nuisance has been caused or partly caused have been proceeded against under this Part they shall, without prejudice to any other remedy, be en- titled to recover from any other persons who were not so proceeded against and by whose act or default the said nuisance was caused or partly caused a proportionate part of the costs of and incidental to such proceedings and abating such nuisance, and of any fine and costs ordered to be paid in such proceedings.

144.-(1) Where, in the opinion of the Local Authority, a nuisance exists with respect to premises which, in its opinion, are so dilapidated or so defectively constructed or so situated that repairs to or alterations of such premises are not likely to remove the nuisance, the Local Authority may apply to the court for a demolition order, and, on the court being satisfied that such nuisance exists, and that repairs to or alterations of the premises are not likely to remove the nuisance, the court may order the owner thereof to commence to demolish the premises on or before a specified day, being at least one month from the date of issuing the order and to complete the demolition and to remove the materials which comprised the premises from the site before another specified day.

(2) Before any demolition order is made, notice of the application for the order shall be served on the owner of the premises who may attend and give evidence at the hearing of the application by the court.

(3) The court shall give notice to the occupier of the premises in re- spect of which a demolition order has been issued requiring him to move

Demolition of unfit dwellings.

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therefrom within a time to be specified in such notice, and if any person fails to comply with such notice or enters the premises, without lawful excuse, after the date fixed he is guilty of an offence.

(4) If any person fails to comply with an order for demolition he is guilty of an offence and is liable to pay the daily fine provided in section 139 (1) and the Local Authority may cause the premises to be demolished and may recover from the owner the expense incurred in doing so after deducting the net proceeds of the sale of the materials which the Local Authority may sell by auction.

(5) No compensation shall be paid by the Local Authority to the owner or occupier of any premises in respect of the demolition thereof as pro- vided in this section, and from the date of the demolition order no rent shall be due or payable by or on behalf of the occupier in respect of such premises.

145.-(1) All reasonable costs and expenses incurred in serving a notice, making a complaint or obtaining a nuisance order, or in carrying the order into effect, shall be deemed to be money paid for the use and at the re- quest of the person on whom the order is made, or, if no order is made but the nuisance is proved to have existed when the notice was served or the complaint made, then of the author of the nuisance.

(2) Costs and expenses incurred in relation to any nuisance mentioned in this Part may be recovered as a civil debt, and the court shall have power to divide such costs and expenses between the authors as to it may seem just.

(3) Where, in accordance with this Act, a Local Authority has itself abated or removed a nuisance or done what is necessary to prevent a recurrence thereof, if no owner or occupier of the premises can be found,

Cost of execution of provisions relating to nuisances.

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or appears or pays the expenses thereby incurred within six months after the completion of the removal or abatement of such nuisance, the court may order the premises upon which the work has been done, or any part thereof, or any personal property found thereon, to be sold by public auction, and the amount realised by such sale shall be applied in defraying the said costs and expenses, and the balance, if any, paid over to the owner or occupier if he establishes his claim thereto within two years after the date of such sale failing which such balance shall become part of the Consolidated Revenue Fund.

146.-(1) A Local Authority or a medical officer of health may enter any building or premises for the purpose of examining as to the existence of any nuisance therein at all reasonable times, and the Local Authority may if necessary open up the ground of such premises and cause the drains to be tested, or such other work to be done as may be necessary for the effectual examination of the said premises.

(2) If no nuisance is found to exist the Local Authority shall restore the premises at the public expense.

147.-(1) Where it appears to any health officer that any swamp-land, low lying lot, open ditch, or other place is in such a filthy or unwholesome con- dition that the health of any person is injuriously affected or endangered thereby or that the cleansing, filling-in or draining of such swamp-land, low lying lot, open ditch or other place would tend to check or prevent disease, a health officer shall give notice in writing to the owner or occupier of the swamp-land, low lying lot, open ditch or other place to cleanse, fill-in or drain, as the case may be, the swamp-land, low lying lot, open ditch, or place within a certain specified time, and when the notice directs the filling- in of land, it shall state the level to which the filling-in is to be carried out, and when it directs the draining of land it shall state the place of outlet of the drain.

Examination of premises.

Cleansing, etc., of swampy land.

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(2) If the person to whom notice is so given wilfully fails to comply therewith within the time specified he is guilty of an offence and is liable to a fine not exceeding two dollars for every day in which he continues to make default, and the health officer may if he thinks fit cause the swamp-land, low lying lot, open ditch or other place to be filled in, drained or cleansed as the case may be, and may recover in a summary manner the expenses incurred by him in so doing from the person in default or the Director of Health Services may declare such expenses to be private improvement expenses.

148.-(1) Where it appears to any medical officer of health that any owner or occupier of any swamp-land, low lying lot, open ditch or other place has used, is using, or is about to use such material for the filling-in of such swamp-land, low lying lot, open ditch or other place, as is calcu- lated immediately or in the future by decomposition or otherwise to af- fect injuriously or endanger the health of any person, such medical of- ficer of health shall give notice to the owner or occupier to remove or otherwise dispose of the material already deposited and to desist from depositing any such material.

(2) If the person to whom notice is given fails to comply therewith, any magistrate may summon such person to appear before him to show cause why an order should not be made for the removal of material already deposited and the prohibition of the use of such material for filling-in, and may after hearing the parties, or ex parte should they or any of them fail to appear, make an order for the removal of material already deposited stating by whom such material shall be removed and at whose cost.

Unsuitable material for fillings.

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PART X

Vaccination 149. In this Part-

“parent” means the father or mother or the step-father or step-mother or the adoptive father or mother of a child, and includes any person having the custody of a child;

“public vaccinator” means any medical officer of health or any other person duly appointed as a public vaccinator by the Minister;

“Registrar” includes any district or deputy Registrar or officer appointed to register births, under any law for the time being in force, or any other person appointed by the Minister as a Registrar for the pur- poses of this Part;

“surgeon” means any registered medical practitioner;

“successful vaccination” means vaccination which has produced one or more Jennerian vesicles.

150.-(1) Every parent of a child in Belize shall, within three months after the birth of the child, or within three months after receiving into custody the child, take or cause the child to be taken to a public vaccinator of the district in which such child is then resident, to be vaccinated according to this Act, unless the child has been previously vaccinated by a surgeon.

(2) Subject to subsection (3) the public vaccinator shall with all rea- sonable despatch proceed to vaccinate the child.

(3) If when the child is taken to the public vaccinator within the period prescribed by subsection (1) and the public vaccinator does not have any

Child to be vaccinated within three months.

Interpretation.

40 of 1963.

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vaccine lymph, or otherwise is unable to vaccinate the child, then and in every such case the parent shall take or cause the child to be taken to the public vaccinator within such time thereafter and at such place as the pub- lic vaccinator appoints.

151.-(1) On the eighth day after the vaccination, the parent shall again take or cause the child to be taken to the public vaccinator for inspection at such time and place as may have been appointed by him at the time of vaccination.

(2) If on inspection it is ascertained that the vaccination has been un- successful, the parent shall, if the vaccinator so directs, cause the child to be forthwith again vaccinated and afterwards inspected as on the previous occasion.

(3) If the vaccination has been successful the public vaccinator or sur- geon forthwith shall give to the parent a certificate in the form of the Fifth Schedule stating therein the number of Jennerian vesicles produced, and within seven days shall transmit a certified copy of the certificate to the Registrar of the district within which the child’s birth was registered, but if the district be unknown to him, or if the birth of the child has not been registered, then he shall give it to the Registrar of the district where the child resides.

152.-(1) If any public vaccinator or surgeon is of opinion that the child is not in a fit and proper state to be successfully vaccinated, he shall forth- with deliver to the parent a certificate under his hand according to the form of the Sixth Schedule or to the like effect, that the child is then in a state unfit for successful vaccination, which certificate shall remain in force for two months only but shall be renewable for a like period from time to time, until a public vaccinator or surgeon thinks the child to be in a fit state for successful vaccination, when the child shall with all reasonable despatch

Inspection after vaccination.

Where child is unfit.

Fifth Schedule.

Sixth Schedule.

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be vaccinated and a certificate of successful vaccination according to the form of the Fifth Schedule duly given if warranted by the result and a certi- fied copy sent to the Registrar of the district where the child resides.

(2) At or before the end of each successive period for which a certificate of unfitness has been given the parent shall take the child or cause it to be taken to a public vaccinator or surgeon, who shall then examine the child and give a certificate in the form of the Sixth Schedule, if he thinks it requisite in the circumstances of the case, and shall continue from time to time to give such certificate until he finds that the child is insusceptible of successful vaccination as provided in section 153 or until the child is suc- cessfully vaccinated.

153. If any public vaccinator or surgeon finds that a child whom he has three times unsuccessfully vaccinated is insusceptible of successful vacci- nation or that a child brought to him for vaccination has already had small- pox or has been successfully vaccinated, he shall forthwith deliver to the parent a certificate under his hand according to the form of the Seventh Schedule or to the like effect, and within seven days shall also send to the Registrar for the district where the child resides a certified copy of such certificate, and the parent shall thenceforth not be required to cause the child to be vaccinated.

154.-(1) Any public vaccinator shall, on application, vaccinate or re-vacci- nate without charge any person at any time and place appointed for the attendance of such public vaccinator, and on the performing of the same the public vaccinator shall appoint a time and direct such person to attend at the same place, the time being as far as practicable the eighth day after vaccination.

(2) If such person fails to attend at the place at the time appointed or refuses to permit the public vaccinator to ascertain the result of the vacci-

Where child is insusceptible.

Public vaccina- tion gratis.

Fifth Schedule

Sixth Schedule.

Seventh Schedule

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nation he is guilty of an offence and is liable to a fine not exceeding five dollars for each offence, of which one moiety shall be paid to the public vaccinator for his trouble.

155. No charge shall be made by the public vaccinator to the parent for any vaccination performed by him as public vaccinator, nor shall he, nor any surgeon, be entitled to payment from the Treasury for any vaccination in respect of which he, as a surgeon, has been paid by the parent or other person for whom or on whom vaccination has been performed.

156. Every public vaccinator or surgeon in performing a vaccination shall endeavour by one incision, preferably a single linear incision or scratch not more than a quarter of an inch long, merely through the epidermis, to pro- duce a vesicle.

157. Every Registrar shall, on the registration of the birth of any child, deliver to the person registering such birth a notice according to the form of the Eighth Schedule requiring the child to be duly vaccinated according to the provisions hereof, and shall also deliver to such person a note of the days, hours, and places where and when the public vaccinator attends in the district where the child resides, and he shall keep a book in which he shall enter minutes of notices of vaccination given by him as required by this section, and shall register the certificates transmitted to him as herein provided, and shall at all reasonable times allow searches to be made in such book, and upon demand give a copy under his hand or under that of his deputy of an entry in the same on payment of a fee of twenty-five cents for each search and copy, to be paid by the person making the search or requiring the copy, but no fee shall be charged for any search or copy made or required by any public officer for public purposes.

Vaccination by public vaccina- tor or by surgeon.

Manner of vaccination.

Duties of Registrar.

Eighth Schedule.

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158. Every Registrar shall within one week after 1st January and 1st July in each year, and at any other time when called upon to do so by the Direc- tor of Health Services, make out a list of all cases in which certified copies of certificates or vaccinations have not been duly received by him during the last preceding half-year, and shall submit the same to the chief officer of Police in the district in which he acts, and the said police officer shall forth- with inquire into the circumstances of the cases contained in the list, and if he finds the provisions of this Part have been neglected, he shall cause proceedings to be taken against all persons in default.

159. Every Registrar shall forward vaccination returns to the Director of Health Services from time to time as he appoints.

160. The books and forms of the Registrars for the entry of particulars of vaccination shall be supplied by the Director of Health Services at the pub- lic expense, and shall be kept in such form as he from time to time appoints.

161. Every parent who neglects to take his child to be vaccinated or, after vaccination, to be inspected according to this Part and does not render a reasonable excuse for his neglect, shall be prosecuted by the police before the magistrate of the district, and shall be liable to a fine not exceeding twenty-five dollars.

162.-(1) Every public vaccinator or surgeon who neglects to transmit any copy of a certificate required of him by this Part completely filled up and legibly written to the Registrar of the district, within the time specified, shall be liable to a fine not exceeding twenty-five dollars.

(2) Every person who wilfully signs a false certificate or return un- der this Part is guilty of an offence and is liable to imprisonment for a term not exceeding six months.

Non-Observance of law. Proceed- ings by office of Police.

Vaccination returns.

Books, forms, etc.

Penalty - parents.

Penalty - public vaccinator or surgeon.

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163.-(1) If any public vaccinator, Registrar, revenue officer or any mem- ber of the police department gives information in writing to a magistrate that he has reason to believe that any child under the age of five years, being within the district of such magistrate, has not been vaccinated, and that he has given notice to the parent of the child to procure its being vaccinated and that the notice has been disregarded, the magistrate may summon the parent to appear with the child before him at a certain place and time.

(2) If the magistrate finds after such examination as he thinks nec- essary that the child has not been vaccinated and has not already had smallpox, he shall, if he sees fit, make an order under his hand directing such child to be vaccinated within a certain time, and if at the expiration of that time the child has not been vaccinated or shall not be shown to be then unfit to be vaccinated or to be insusceptible of successful vaccination, the parent upon whom such order has been made shall be proceeded against summarily, and unless he shows some reasonable ground for his omission to carry the order into effect, he shall be liable to a fine not exceeding twenty-five dollars.

(3) If the person summoned fails to appear with the child at the time appointed in the summons, the magistrate may make an order as speci- fied in subsection (2), as though it were proved that the child had not been vaccinated, and such order may in this case contain a requirement for the payment of the costs of the proceedings, including such order.

(4) If the magistrate is of opinion that the parent is improperly brought before him, and refuses to make any order for the vaccination of the child, he may order the informer to pay to the parent such sum of money as he considers to be fair compensation for his expense and loss of time in attending before the magistrate.

Vaccination compulsory, order of magistrate. 42 of 1999.

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164.-(1) In the event of the occurrence of smallpox in any part of Belize-

(a) any medical officer of health may require any person to be forthwith vaccinated or revaccinated who has or is suspected to have been in any way recently exposed to smallpox infection, or may require the parent or guardian of any child who has or is suspected to have been so exposed to have such child vaccinated or revaccinated forth- with and any person failing to comply with such requirement is guilty of an offence;

(b) any medical officer of health may require all persons within an area defined, to attend at centres according to instructions issued and there to undergo inspection, vaccination or revaccination as cir- cumstances may require and such instructions may be issued by notice in the Gazette or by notice posted in public places, or other- wise as may be considered sufficient by the Director of Health Ser- vices and non-attendance shall be deemed to be an offence;

(c) any magistrate, or medical officer of health may require any person in such area to furnish satisfactory proof, including exhibition of vac- cination scars, that he has been successfully vaccinated within two years immediately preceding the date of such requirement and any person who fails to furnish such proof as regards himself or as re- gards any child of which he is the parent or guardian, and refuses to allow himself or such child to be vaccinated shall be guilty of an offence.

(2) Every person guilty of an offence against this section shall be liable to a fine not exceeding twenty-five dollars or to imprisonment for a term not exceeding three months or both.

Compulsory vaccination.

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165. Every prisoner or other person or patient admitted into any prison or any institution kept up at the public expense in Belize, shall be examined as soon as possible after admission by the medical officer of such prison or institution, and if such prisoner, person or patient does not appear ei- ther to have had smallpox or to have been already successfully vacci- nated, such prisoner, person or patient if in a fit state of health shall be vaccinated by the medical officer of such prison or institution.

166. Any person who produces or attempts to produce, in any person, by innoculation with variolous matter, or by wilful exposure to variolous matter or by any matter, article or thing impregnated with variolous matter, or wilfully by any means whatever produce the disease of smallpox in any person is guilty of an offence, and is liable to imprisonment for a term not exceeding six months for each offence.

167. It shall be the duty of the Director of Health Services to procure as occasion shall require a proper and sufficient supply of lymph for the pur- poses of vaccination and to supply it to the public vaccinators at the public expense.

168. The Director of Health Services shall from time to time have printed at the public expense blank forms for the returns of the public vaccinators as required by this Part, and shall furnish such forms to the public vaccina- tors for their use, and the Director of Health Services shall also have printed at the public expense and furnish the Registrars with a sufficient number of the notices and of printed copies of this Part and blank forms required for use by them.

169. In any prosecution for neglect to procure the vaccination of a child, it shall not be necessary in support thereof to prove that the defendant had received notice from the Registrar or any other officer in this respect, but if the defendant produces a certificate respecting such child as described

Vaccination in prisons, etc.

Production of smallpox by variolous matter - penalty.

Lymph supply.

Supply of forms, etc.

Production of a certificate, etc., as defence in a charge of neglect.

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in sections 151 (3) and 152 (1), or the register of certificates respecting vaccinations kept by the Registrar as hereinbefore provided in which any certificate respecting such child is duly entered, the same shall be a suffi- cient defence.

170.-(1) Any complaint may be made and information, other than an infor- mation under section 163, laid under this Part within twelve months from the time when the matter of such complaint or information arose and not subsequently.

(2) Any information under section 163 shall be laid any time before the child mentioned in such information attains the age of five years.

(3) Nothing in this section shall apply to any proceedings in respect of a false certificate, or duplicate, or in respect of innoculation with vari- olous matter.

171. Any public vaccinator who shall wilfully make any false entry in any certificate or return, shall be deemed to have wilfully signed a false certifi- cate, and shall on conviction be liable to be punished as provided by sec- tion 162.

172. The Director of Health Services may, with the approval of the Minis- ter from time to time-

(a) appoint district vaccination stations;

(b) make such regulations as may be necessary for carrying out this Part;

(c) prescribe the fees payable to public vaccinators, and vary the same; and

Limitation of time for complaints.

False entries, penalty.

Power of the Director of Health Services.

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(d) repeal, alter or add to the Schedules to this Part.

PART XI

Miscellaneous

Hotels, Tourist Accommodation and Lodging Houses

173.-(1) Every hotel, tourist accommodation and lodging house shall be subject to registration and to such regulations as may from time to time be made by the Minister for the proper government and regulation thereof and with regard to the number of inmates to be permitted to lodge therein, the measures to be taken for securing cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restric- tions under which such inspection may be made, and the person keeping any hotel, tourist accommodation or lodging house shall give access to it when required by any person who produces the written authority of a medical officer of health in this behalf for the purpose of inspecting it, or for introducing or using therein any disinfecting process, and the expenses incurred by a medical officer of health in introducing or using any disin- fecting process shall be recoverable by him from the person keeping the hotel, tourist accommodation or lodging house in which it has been used or introduced, and whoever refuses to admit therein at any time any per- son authorised as described in this section shall for every such offence be liable to a fine not exceeding ten dollars.

(2) In this section, “lodging house” means any house, not being a hotel or tavern, wherein persons are nightly received to sleep upon payment of hire, whether such persons reside in the same during the day or otherwise.

(3) Where regulations providing for the matters referred to in subsec- tion (1) are made under any law for the time being regulating the registra-

Schedules.

Hotels, tourist accommodation and lodging houses to be registered and subject to regulation and inspection.

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tion of hotels, such regulations shall apply in the place of subsection (1) in respect of the matters specified therein.

Barbers and Hairdressers

174. The Minister may make regulations-

(a) providing for the licensing, registration and medical examination of all persons engaged in the occupation of a barber or hairdresser and preventing unlicensed persons from being so engaged;

(b) prescribing the precautions to be taken by barbers and hairdressers and persons in charge of barbers’ shops or hairdressing establish- ments against the spread of communicable infection and for the cleansing, disinfecting and storing of all instruments and linen used in connection therewith;

(c) requiring that any regulations made under this section shall be posted and kept posted up in a conspicuous place within every barber’s shop or hairdressing establishment.

Inspection of Shipping, etc.

175.-(1) Any health officer may with or without assistants enter into and inspect any vessel or aircraft lying in the ports or harbours of Belize, and not then being in quarantine and if necessary direct that it be cleared of filth and offensive matters, and further at his discretion order and direct that such vessel, or aircraft or any part thereof which may appear to him to require lime-washing or the use of any disinfecting or other process, shall be effectually lime-washed or disinfected, and further direct that the neces- sary measures be taken to secure cleanliness and ventilation therein to pro- mote the health of the passengers and crew, and to provide necessary medical aid and accommodation.

Regulations.

Inspection of shipping - disinfection.

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(2) If any directions of a health officer under this section are not complied with within the time specified in his directions the necessary mea- sures may be taken by the health officer.

(3) Any health officer may require any ship, vessel, boat or aircraft which appears to him to be moored in a position dangerous to the health of the crew or to the health of the community to be moored in some other position.

(4) The master of any vessel or aircraft, who fails to comply with any direction, order, or requirement made or given under this section is guilty of an offence and is liable to a fine not exceeding two hundred dol- lars and to a further fine not exceeding twenty dollars for every day during which the offence is continued.

176. Whenever any services are performed on board of any ship, vessel or boat by or at the direction of a health officer, such services shall be paid for by the owner, master or person in command or charge thereof, or the consignee on behalf of the owner, and all expenses thereby incurred shall be recoverable summarily in like manner as fines and penalties.

Private Improvement Expenses

177. The Director of Health Services may if he thinks fit-

(a) perform any work which by this Act the owner or occupier of any property is or may be required to perform and which he has failed to perform in accordance with the provisions hereof;

(b) perform at the request of the owner any work which by this Act the owner or occupier of any property is or may be required to perform and which he has satisfied the Director of Health Services he is unable to perform and may declare the expenses expended

Expenses of inspection, etc., to be met by owner of ship.

Powers as to private improve- ments.

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or incurred by him in so doing to be private improvement expenses.

178.-(1) Private improvement expenses shall be met out of moneys pro- vided generally or specially by the National Assembly for the purpose of effecting any private improvement under this Act.

(2) Subject to section 187 (1) (b), private improvement expenses shall be repayable to the Director of Health Services by the owner of the improved property on completion and, if not paid, shall bear interest at the rate of six dollars per centum per annum.

179. Subject to section 180, private improvement expenses, whether repayable immediately or by instalments, shall, with the interest thereon and the mortgagee’s costs, be a first charge on the improved property and have priority to all other incumbrances (not being land tax or any incumbrance in favour of Her Majesty) and the Crown shall have the like charges, powers, rights and remedies as if the payment of such expenses, interest and costs had been secured on the improved property by a deed of mortgage.

180.-(1) The Director of Health Services shall not obtain any charge under this Act unless a memorandum giving particulars of the charge is executed by him and registered at the General Registry within one month from comple- tion of the improvement or such further time as the Chief Justice may allow for registering the same.

(2) A memorandum in the form given in the Ninth Schedule shall be sufficient and shall in all proceedings be prima facie evidence of the par- ticulars given therein and that the property described therein is charged under this Act to the extent and in the manner mentioned in the memoran- dum.

(3) A memorandum required by this section shall be registered with- out fee.

Method of meeting, and securing repayment of, improvement expenses.

Private improve- ment expenses to be a first charge.

Ninth Schedule.

Memorandum of charges to be registered.

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181. All private improvement expenses and any interest thereon, together with all costs, charges and expenses in connection therewith, may be re- covered in the manner provided by section 187 (1) (c).

182. A statement purporting to be signed by the Director of Health Ser- vices that any private improvement expenses are due from the owner of any property shall, without proof of any matter or thing, be deemed in all courts prima facie evidence that the amount therein claimed is so due.

PART XII

Legal Procedure

183. Any prosecution for an offence against this Act, or of any regulation or by-law made under this Act, and any proceedings for the recovery of any penalty, forfeiture, costs or expenses directed to be recovered in a summary manner, or the recovery of which is not otherwise provided for, may be heard and determined by a summary jurisdiction court, and any magistrate before whom an offence has been duly proved against any per- son, upon application by or on behalf of the Director of Health Services or any Town Council, may in lieu of imposing any penalty or forfeiture make an order compelling such person to do or abstain from doing any act or thing the doing of which or the failure to perform which constitutes such offence.

184. Any complaint or information in pursuance of this Act, unless other- wise specially provided, shall be made or laid within six months from the time when the matter of such complaint or information arose and not after- wards.

185. Proceedings for the recovery of any penalty under this Act shall not, except as in this Act is expressly provided, be had or taken without the

Recovery of private improve- ment expenses.

What deemed prima facie evidence of charge.

Offences punish- able summarily.

Complaint to be within six months.

Proceedings by whom to taken. 1 of 1969.

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consent in writing of the Director of Public Prosecutions, by any person other than a party aggrieved or the Director of Health Services or the Town Council of the place in which the offence is committed.

186.-(1) Whenever in any proceedings under this Act relating to nuisances, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the “owner” or “occu- pier” of such premises without name or further description.

(2) Whenever in any proceedings under this Act an inmate of a house is summoned or otherwise dealt with as the occupier of such house, if he alleges that he is not the occupier, the proof of such allegation shall be upon the person making it.

187.-(1) Whenever the Director of Health Services or any Local Authority has incurred expenses for the repayment whereof the owner of the pre- mises for or in respect of which the same is incurred is made liable under this Act, or by any agreement with the Director of Health Services or Local Authority-

(a) any settlement or apportionment of such expenses shall be binding and conclusive on such owner, unless within three months from the service of notice on him of the amount so settled and apportioned, he shall by written notice dispute the same;

(b) the Director of Health Services or Local Authority, as the case may be, may, with the consent of the Minister, by order declare any such expenses to be payable by annual instalments within a period not exceeding ten years, with interest at a rate not exceeding six dollars per centum per annum, until the whole amount is paid, and any such instalments and interest, or any part thereof, may be recov- ered from the owner or occupier for the time being of such pre-

How owner of premises may be described.

Provisions relating to expenses incurred by Director of Health Services or Local Author- ity.

40 of 1963.

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mises;

(c) such expenses may be recovered, together with interest at the rate of six dollars per centum per annum from the date of service of a demand notice for the same until payment thereof, in civil pro- ceedings instituted by the Crown under the Crown Proceedings Act, or by the Local Authority, as the case may be, from any per- son who is the owner of the premises for which such expenses have been incurred when the works are completed, and until re- covery of such expenses and interest the same shall be a charge on the premises in respect of which they were incurred.

(2) In this section, “Local Authority” means the Belize City Council acting in relation to Belize City under the Belize City Council Act, the Belmopan City Council acting in relation to the City of Belmopan under the Belmopan City Council Act or any Town Council acting in relation to any town mentioned in the Schedule to the Town Councils Act or which may be added to the said Schedule.

188.-(1) A magistrate shall not be deemed incapable of acting in any pro- ceedings brought under this Act, by reason merely of his being a member of any Town Council, but in all such cases it shall be lawful for any party to such proceedings to make an application in the Supreme Court, to a judge sitting in chambers, asking for an order for the removal of the proceedings into the appropriate court in the Belize District, and thereupon it shall be lawful for the judge in his discretion to make or refuse to make such order.

(2) In the event of an order being made under this section, the magistrate of the Belize District shall have the same powers with regard to such proceedings and with regard both to all costs therein and all matters incidental thereto as if they had originally arisen in the Belize District.

CAP. 167.

CAP. 85. CAP. 86. CAP. 87.

Removal of proceedings to Belize District.

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(3) The Chief justice may from time to time make rules with regard to the procedure to be followed in respect of such applications, and such rules when made shall, upon publication in the Gazette, form part of and be read with this section.

(4) A notice of an application made under this section, if given in conformity with such rules, shall act as a stay of the proceedings brought in the court below.

189.-(1) The Director of Health Services may institute criminal proceed- ings by the name of the Senior Health Officer and may for all such purposes be described by that name.

(2) The Director of Health Services may appear before a magis- trate by any health officer or by any person authorised generally, or in re- spect of any special proceeding, so to appear.

190. A Town Council may appear before any court by any officer, member or other person authorised generally, or in respect of any special proceed- ing, so to appear.

191. In any proceedings instituted by or against a Town Council under this Act it shall not be necessary to prove the corporate name of the Town Council or the constitution or limits of its district.

192.-(1) Any document required to be signed by any Town Council shall be signed by the Mayor.

(2) It shall not be necessary in any legal proceeding to prove any signature purporting to be the signature of the Mayor or a member of a Town Council, or that the person so signing was the Mayor or a member

Legal proceed- ings by, and appearance in court of, Director of Health Services.

Documents requiring to be signed by Town Council to be signed by mayor.

How Town Council may appear.

Not necessary to prove corporate name.

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thereof, but the burden of proof shall be on the person disputing the same.

Regulations and By-Laws

193.-(1) The Minister, the Director of Health Services or a Town Council, when making any regulation or by-law, as the case may be, under this Act, may prescribe the fine with which the contravention thereof shall be pun- ishable, but so that such fine shall not exceed the sum specified in this Act or, where no sum is specified, the sum of fifty dollars for each first offence or one hundred dollars for a second or subsequent offence and in the case of a continuing offence a further fine of ten dollars for every day during which such offence is continued, and all such regulations or by-laws shall be so made as to allow of the recovery of any less sum than the full fine prescribed.

(2) Any person who contravenes any regulation or by-law made under this Act, for the breach of which no penalty is prescribed, shall be liable to a fine which shall not exceed for any one offence the sum of fifty dollars or, in the case of a continuing offence, the sum of ten dollars for every day during which such offence is continued.

194. All by-laws made by a Town Council under and for the purposes of this Act shall be under the hand of the Mayor of such Town Council.

195. No by-law made by a Town Council shall take effect until it has been submitted and approved by the Director of Health Services who may allow, disallow or alter it as he may think proper.

196. Where under this Act any Town Council is authorised to make any by-laws for any purpose herein specified, such Town Council may when

Prescribing fines for breach of regulations or by- laws.

40 of 1963.

By-laws of Town Council subject to confirmation of the Director of Health Services.

By-laws of Town Council to be under hand of mayor.

Alterations in by- laws.

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such by-laws have been made, alter, add to or repeal any such by-laws for any such purpose, but no such alteration, addition or repeal shall take ef- fect until approved by the Director of Health Services.

197. Any regulation made by the Minister under this Act shall be subject to negative resolution.

198. Every regulation or by-law made by the Director of Health Services or a Town Council shall be binding on all concerned after publication in the Gazette and shall until revoked or altered have the same effect in all re- spects and for all purposes as if such regulation or by-law were an enact- ment contained in this Act and judicial cognisance shall be taken thereof accordingly.

199. The Regulations contained in the Tenth Schedule shall be deemed to have been made by the Director of Health Services with the approval of the Minister under section 125.

Notices

200. Notices, orders and other such documents under this Act may be in writing or print, or partly in writing and partly in print, and such notices, orders or other documents made or issued by any Town Council under this Act, if the same requires authentication, shall be signed by the Mayor or then presiding member of such authority, or any person delegated in writing by the Mayor for the purpose.

Regulations to be laid before National Assembly. 40 of 1963.

Regulations or by-laws to be binding.

Regulations governing spraying of premises. Tenth Schedule. 40 of 1963.

Notices, etc., to be signed by Mayor.

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201. In any proceedings under this Act, or under any regulation or by-law made pursuant thereto, any notice, order, certificate or other instrument purporting to be signed by the Mayor of any Town Council or health of- ficer, or any other person authorised and acting under this Act shall on production be admitted in evidence and shall be presumed to have been duly signed by the person and in the character by whom and in which it purports to be signed until the contrary is shown.

202. Notices, orders and any other documents required or authorised to be served under this Act may be served by delivering them to or at the residence of the person to whom they are respectively addressed or where addressed to the “owner” or “occupier” of premises by delivering the same or a true copy thereof to some adult person on the premises, or if there is no adult person on the premises who can be so served by fixing the same on some conspicuous part of the premises.

203. All notices, orders and directions with reference to any ship, vessel, boat or aircraft may be served by delivery to the owner, master or person in command or charge, or the consignee thereof or to some person on board of such vessel or aircraft.

204. Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the “owner” or “occupier” of the premises, naming them, in respect of which notice is given without further name or description.

Miscellaneous Provisions

205. It shall be lawful for any Health Officer, or any other officer or person employed for the purpose of carrying out this Act, from time to time, at all reasonable hours, with or without assistance, to enter into, visit, and inspect for sanitary purposes all lots, grounds, yards, wharves, tene-

Notices, etc., purporting to be admitted in evidence.

Notices, etc., how served.

Notice having reference to a ship or aircraft, how served.

Notice to an owner or occupier, how addressed.

Power of visita- tion.

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ments, buildings, out-houses, water-courses, sewers, drains and trenches, of whatever description or nature.

206. Whenever it becomes necessary for the Director of Health Services or for a Town Council or any of his or their officers to enter, examine or lay open any lands or premises for the purposes of making plans, surveying, measuring, taking levels, making, keeping in repair or examining works, ascertaining the course of drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises refuses to permit the same to be entered upon, examined or laid open for the purposes mentioned in this section or any of them, the Director of Health Services or the Town Council, as the case may be, may after written notice to such owner or occupier apply to a magistrate for an order authorising him or them to enter, examine and lay open the said lands and premises for the purposes afore- said or any of them.

207.-(1) If the occupier of any premises prevents the owner thereof from obeying and carrying into effect this Act, any magistrate may, if he sees fit, make an order for the carrying into effect of this Act, and if such occupier fails to comply therewith within twenty-four hours after the making of the order, he shall be liable to a fine not exceeding twenty-five dollars for every day during the continuance of such non-compliance.

(2) The occupier of any premises, who, when requested by or on behalf of the Director of Health Services or a Town Council, to state the name of the owner of the premises occupied by him, refuses or wilfully omits to disclose or wilfully misstates the same, shall, unless he shows cause to the satisfaction of the court for his refusal, be liable to a fine not exceed- ing twenty-five dollars.

Procedure where owner obstructs surveying, etc.

Where occupier obstructs the carrying out of the orders of the Director of Health.

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208. If any person assaults, resists, obstructs, intimidates or bribes, or attempts to assault, resist, obstruct, intimidate or bribe, any health officer or other officer or person duly acting or employed in the execution of this Act, or obstructs the carrying out of an order made by a justice of the peace under this Act, or destroys or pulls down any board or paper upon which, without trespass, any regulation, by-law, notice or other matter is printed or inscribed and set up by the authority of a health officer or of any Town Council, or offends against this Act, or any regulation, order or direction made thereunder for the breach of which no penalty is specifi- cally imposed, he shall be liable to a fine not exceeding ten thousand dol- lars or imprisonment for a period not exceeding six months, and if the offence is a continuing one to a fine not exceeding one thousand dollars a day so long as the offence continues. In addition the Minister shall have the power to direct the closure of any entity which is in the opinion of the Minister responsible for the pollution or contamination of the environment and that entity shall be closed down.

209. Any person who wilfully damages any works or property belonging to the Director of Health Services or to any Town Council in case where no penalty is provided by this Act is liable to a fine not exceeding one hundred dollars.

210. For the purposes of this Act, the clergyman or officiating minister, or in his absence the lay reader, of any church, chapel or meeting house and the principal of a school shall respectively be held to be the occupier thereof, and shall be held responsible for the observance of this Act.

211.-(1) All powers given in this Act shall be deemed to be in addition to, and not in derogation of any other powers conferred by any Act, law or custom, and such other powers may be exercised in the same manner as if the Act had not been passed.

Penalty for assaulting, resisting, or obstructing health officer.

Penalty for damage to property.

Who deemed occupier of school.

Penalties in addition to others already described.

CAP. 40 ] Public Health

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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(2) Nothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, but no person on whom any penalty has been imposed under this Act shall for the same offence be liable to a penalty under any other law or Act.

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Public Health [CAP. 40

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Printed in Belize by the Government Printer, No. 1 Power Lane, Belmopan,

by the authority of the Government of Belize.[ ]

FIRST SCHEDULE

[Section 30]

egalliVronwoTfoemaN seiradnuoBfonoitpircseD

ytiCezileB nemraCleDojeiVeuqneB

napomleBfoytiC nwoTlazoroC

agirgnaD nwoTklaWegnarO

adroGatnuP oicangInaS

egalliVreviRyeknoM

egalliVreviRsnilluM

thgieBecremmoC,snikpoH

reviReettiS

thgieBenieS

ehtrednuemitotemitmorfdenifedsA .ecrofninehtnoitalsigeltnaveler

owtnahteromtontnatsidezileBfotraPynA .noitatSeciloPreviRyeknoMehtmorfselim

owtnahteromtontnatsidezileBfotraPynA .noitatSeciloPreviRsnilluMehtmorfselim

detibahniynamorfsdray002foecnatsidA .esuoh

owtnahteromtontnatsidezileBfotrapynA .noitatSeciloPreviReettiSehtmorfselim

,esuohynamorfsdray005enilaybhtroN sdray005enilaybhtuoS,aesehtybtsaE sdray005enilaybtseW,esuohynamorf

.esuohynamorf

}

CAP. 40 ] Public Health

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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by the authority of the Government of Belize.

120

[ ]

SECOND SCHEDULE

[Section 38]

By virtue of section 38 of the Public Health Act

I Mayor of the

Town Council (or Director of Health Services, as the case may be), in

consideration of the sum of dollars, paid to the

Town Council/Consolidated Fund by

of do hereby, but subject to the

provisions of the Public Health Act, grant unto the said

the* in+

to hold the same to the said

for** for the purpose of ++

Given under my hand this day of

in the year of our Lord

Mayor

Town Council (or Director of Health Services)

(as the case may be).

* The exclusive right of burial, or right of burying bodies, or right of placing a grave stone, tablet or monument. + Describe the grounds intended so as to identify the same.

UNDS INTENDED SO AS TO IDENTIFY THE

** The period agreed upon. ++ Burial or as the case may be.

CAP. 40.

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by the authority of the Government of Belize.[ ]

THIRD SCHEDULE

[Section 59]

Name of Town Description of Boundaries

1. Belize City 2. Benque Viejo Del Carmen 3. City of Belmopan 4. Corozal Town As defined from time to time 5. Orange Walk Town under the relevant legislation. 6. San Ignacio 7. Dangriga 8. Punta Gorda

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FOURTH SCHEDULE

[Section 129]

Town Boundaries

Belize City Benque Viejo Del Carmen City of Belmopan As defined from time to time Corozal Town under the relevant legislation. Dangriga Punta Gorda San Ignacio Orange Walk Town

CAP. 40 ] Public Health

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FIFTH SCHEDULE

[Sections 151 and 152]

I, the undersigned, hereby certify that the child of

born at on

in the district has been vaccinated by me and that

true Jennerian vesicles have been produced.

Dated this day of 20 .

(Signed) A.B.

Public Vaccinator or Surgeon. _______________________________________________________

Mem.-A copy of this certificate is to be forwarded within seven days by the Public Vaccinator or Surgeon to the Registrar of the district in which the birth was registered, or, if that be not known to him, to the Registrar of the district in which the child resides.

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SIXTH SCHEDULE

[Section 152]

I, the undersigned, hereby certify that I am of opinion that the child of of in the district, aged is not now in a fit and proper state to be successfully vaccinated, and I do hereby postpone the vaccination until the day of * 20 .

(Signed) A.B.

Public Vaccinator or Surgeon.

Mem.-This is to be kept by the parent or other person to whom it is given. * This must not exceed two months from the date of the certificate.

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SEVENTH SCHEDULE

[Section 153]

I, the undersigned, hereby certify that I have times unsuccessfully vaccinated the child of in the district, aged (or that the child has already had smallpox or as the case may be), and I am of opinion that such child is insusceptible of successful vaccination.

Dated this day of 20 . .

(Signed) A.B. Public Vaccinator or Surgeon.

Mem.-This is to be kept by the parent or other person to whom it is given.

CAP. 40 ] Public Health

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EIGHTH SCHEDULE

[Section 157]

I, the undersigned, hereby give you notice to have the child (insert name) whose birth is now registered vacci- nated within three months from the date of its birth, pursuant to the provisions and directions of Part X of the Public Health Act, and that in default the parent or person having charge of the child will be liable to the penalties by the said Act imposed.

I further notify you that the Public Vaccinator will attend at on at the hour

of for the purpose of vaccinating. Dated this day of 20 .

(Signed) C.D., Registrar.

NINTH SCHEDULE

[Section 180]

Form of Memorandum Required by Section 180

Be it remembered that (describe the improved property) of which (name of owner) is the owner, is charged under the provisions of the Public Health Act, with the payment to the Director of Health Services of (state amount) as private improvement expenses with interest thereon at the rate of six dollars per centum per annum commencing from (date of completion of the improvement) .

(If payment by instalments is permitted, state particulars and conditions.)

CAP. 40.

CAP. 40.

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TENTH SCHEDULE

[Section 199]

1. These Regulations may be cited as the Mosquito (Spraying of Pre- mises) Regulations.

2. The definitions of the expressions in sections 2 and 120 of the Pub- lic Health Act shall apply to these Regulations.

3.-(1) Before any premises are sprayed under section 121 of the Pub- lic Health Act, the occupier, or if there be no occupier the owner thereof, shall be given notice by a health officer of the date on which it is intended that the premises shall be sprayed.

(2) Such notice shall be served at least twenty-four hours prior to the date on which the premises in question are to be sprayed.

_________

Short title.

Interpretation. CAP. 40.

Notice of spraying. CAP. 40.
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