Section 25-I100. HEALTH NUISANCES

 

100.1When thrown, placed, or allowed to remain in or upon any street, avenue, alley, sidewalk, gutter, public reservation, or open lot in the District of Columbia, the following substances shall be considered a nuisance injurious to health:

 

(a)Filth;

 

(b)The contents of cesspools;

 

(c)Offal;

 

(d)Garbage;

 

(e)Foul water;

 

(f)Dye water;

 

(g)Refuse from factories;

 

(h)Ordure;

 

(i)Urine;

 

(j)Stable manure;

 

(k)Decayed animal or vegetable matter; or

 

(l)Any other offensive substance detrimental to health.

 

100.2Any person who commits, creates, or maintains the nuisances specified in §100.1 shall, upon conviction, be fined not less than five dollars ($5) or more than twenty-five dollars ($25) for each offense.

 

100.3Carrying and transporting bones, hides, fish, garbage, offal, or other animal or vegetable substances, in a decomposing and offensive condition, in any other than covered and inclosed vehicles, through any street, avenue, alley, or public place within the District shall be considered a nuisance injurious to health.

 

100.4Any person who causes, commits, creates, or maintains a nuisance as defined in §100.3 shall, upon conviction, be fined not less than two dollars ($2) nor more than twenty-five dollars ($25) for each offense.

 

100.5The following shall be considered nuisances injurious to health:

 

(a)Manure accumulated in great quantities;

(b)Manure, offal, or garbage piled or deposited within three hundred feet (300 ft.) of any place of worship or other dwelling, or unloaded along the line of any railroad, or in any street or public way; and

 

(c)Cars or flats remaining or standing on any railroad, street, or highway in the District loaded with manure or other offensive matter.

 

100.6It shall be unlawful for any person to do the following:

 

(a)Pile or deposit manure, offal, or garbage, or any offensive or nauseous substance within three hundred feet (300 ft.) of any inhabited dwelling within the District;

 

(b)Unload, discharge, or put upon or along the line of any railroad, street, highway, or public place within the District, any manure, garbage, offal, or other offensive or nauseous substance within three hundred feet (300 ft.) of any inhabited dwelling; and

 

(c)Cause or allow cars of flats loaded with or having in or upon any railroad, street, or highway within the District within three hundred feet (300 ft.) of any inhabited dwelling.

 

100.7Any person who violates the provisions of §100.6 and who, after notice duly served by the Mayor, fails to correct the source of the violation shall, upon conviction of the violation, be fined not less than five dollars ($5) nor more than twenty-five dollars ($25) for each separate offense.

 

100.8When any ground or lot within the District is filled, leveled, or raised with animal or vegetable substances, filth gathered in cleaning yards or street, or waste material from mills or factories; or when the surface of any ground or lot that is filled with an offensive matter or substance is removed, and noisome odors and noxious gases arise, the situation shall be considered a nuisance.

 

100.9Upon conviction of causing, committing, creating, or maintaining a nuisance as defined in §100.8, a person shall be fined not less than five dollars ($5) nor more than twenty dollars ($20) for each separate offense.

 

100.10Ailanthus trees, the flowers of which produce offensive and noxious odors when in bloom, shall be considered nuisances injurious to health.

 

100.11Any person maintaining an ailanthus tree who fails, after given due notice by the Mayor, to eliminate the tree shall, upon conviction, be fined not less than five dollars ($5) nor more than ten dollars ($10) for each offense.

 

100.12No person owning or having possession or control of any land in the District shall allow water to stand on it in any manner whatsoever that endangers the health of persons living in the vicinity of the land.

 

100.13Any person who violates the provision of §100.12 shall, upon conviction, be punished by a fine not exceeding fifty dollars ($50).

 

authority

Unless otherwise noted, the authority for this chapter is An Ordinance to Revise, Consolidate, and Amend the Ordinances of the Board of Health, to Declare What Shall Be Deemed Nuisances Injurious to Health, and to Provide for the Removal Thereof, adopted by Joint Resolution of Congress, April 24, 1880; amended by Commissioners’ Orders dated June 25, 1901 and January 2, 1902, and by Acts of Congress approved April 4, 1906, May 3, 1907 and June 11, 1912; Reorganization Plan No. 3 of 1967 §§ 401and 402, 1 D.C. Code, 2001 Ed. at 125; the District of Columbia Self-Government and Governmental Reorganization Act §412, D.C. Code, 2001 Ed. §1-204.04.

source

8 DCRR §§1-4, 8, 25a (1965).