or village within a distance of two miles above the intake or place where such city, town or village water system takes water from such river or stream; provided, however, that in the transportation of any such house-boat on any such river or stream nothing herein contained shall prevent the owner, agent, tenant or occupant of such house-boat from mooring or anchoring the same when necessary within the limits herein fixed and established; provided, such house-boat shall not remain moored or anchored within such limits for a longer period than one day. [Amendment approved May 24, 1917; Stats. 1917, p. 920.]

§ 3. Petition for permission to discharge sewage, etc., into streams. Plan of work. Hearing. Whenever any county, city and county, city, town, village, district, community, institution, person, firm, or corporation, shall desire to deposit or discharge, or continue to deposit or discharge into any stream, river, lake or tributary thereof, or into any other waters used or intended to be used for human or animal consumption or for domestic purposes, or into or upon any place the surface or subterranean drainage from which may run or percolate into any such stream, river, lake, tributary or other waters, any sewage, sewage effluent, or other substance by the terms of section two of this act forbidden so to be deposited or discharged, or whenever any such county, city and county, city, town, village, district, community, institution, person, firm or corporation shall desire to deposit or discharge, or continue to deposit or discharge any sewage, sewage effluent, trade wastes or any animal mineral or vegetable matter or substance, offensive, injurious or dangerous to health in any of the salt waters within the jurisdiction of this state, or to maintain a sewer farm or to permit the overflow of sewage on to any land whatever, or shall desire to erect, construct, excavate or maintain any privy, vault, cesspool, sewage treatment works, sewerpipe or conduits, or other pipes or conduits for the treatment and discharge of sewage, sewage effluents, or any matter offensive, injurious or dangerous to health, or shall desire to add to, modify or alter any of the plant, works, or system or manner or place of discharge or disposal, he or it shall file with the state board of health a petition for permission so to do, together with a complete and detailed plan, description and history of the existing or proposed works, system, treatment plant and of such proposed addition to, modification or alteration of any of the plant. works, system or manner or place of discharge or disposal, such plans and general statement to be in such form and to cover such matters as the state board of health shall prescribe. Thereupon a thorough investigation of the proposed or existing works, system and plant, and all circumstances and conditions by it deemed to be material, shall be made by the state board of health. As a part of such investigation, and after ten days' notice by mail to the petitioner, a hearing or hear ings may be had before said board or an examiner appointed by it for the purpose. At such hearing or hearings witnesses who testify shall be sworn by the person conducting the hearing, and evidence, oral or documentary, may be required, a record of which shall be made and filed with said board. Upon the completion of such investigation said board,

(a) Petition denied when discharge would endanger public health. Appointment of person to take charge of plant. Temporary permit. If it shall determine as a fact that the substance being or to be discharged

or deposited is such that under all the circumstances and conditions it may so contaminate or pollute such stream, river, lake, tributary or other waters or lands on which it may be discharged, deposited or caused to overflow, as to endanger the lives or health of human beings or animals, or to constitute a nuisance, or does or may constitute a menace to public health or a nuisance, or that under all the circumstances and conditions it is not necessary so to dispose of such substance, the state board of health shall deny the prayer of such petition; and shall order petitioner to make such changes as the state board of health shall deem proper for the purpose of this act. The state board of health may order the ap pointing of a competent person, to be approved by said board, and to be paid by said petitioner, who shall take charge of and operate such plant or system so as to secure the results demanded by the state board of health; and said board may order such repair, alteration or additions to the existing system, plant and works that the sewage or substance being or intended to be discharged or disposed of shall not contaminatė or pollute streams or other water supplies, or endanger the lives, health or comfort of human beings or animals; and said board may order such changes of method, manner and place of disposal and the installation of such treatment works that streams and other water supplies will not be polluted or contaminated and the works and disposal shall not constitute a menace to health of human beings or animals, or a nuisance; which orders shall designate the period within which the desired charges are to be made; provided, however, that a temporary permit may be issued by the state board of health for said period to permit compliance with such order or orders.

(b) Petition granted when discharge would not endanger public health. Permits revocable. Examinations by state board of health. Report on works, etc. Suit to enjoin discharge of sewage into streams. Public nuisance. Penalty for violation. If it shall determine, as a fact, that the substance being or to be discharged or deposited, is not such that under all the circumstances and conditions, it will so contaminate or pollute such stream, river, lake, tributary or other waters, as to endanger the lives or health of human beings or animals, or to constitute a nuisance, and that under all the circumstances and conditions it is necessary so to dispose of such substance, it shall grant to petitioner a permit authorizing petitioner so to deposit or discharge or to continue to deposit or discharge such substance; provided, however, that such permit shall not be construed to permit any act forbidden by any provision of the laws of this state relative to the preservation or propagation of fish or game, or relative to the deposit of debris into the streams of the state, or relative to the obstruction of navigation; and provided, further, that all permits issued hereunder shall be revocable by said board at any time or subject to suspension if said board shall determine, as a fact, 'that the substance discharged or deposited by virtue thereof causes or may cause a contamination or pollution of waters or land that does or may endanger the lives or health of human beings or animals, or does or may constitute a nuisance; and provided, also, that nothing contained in this act shall be construed as limiting or denying the power of any incorporated city, city and county, town or village to declare, prohibit and abate nuisances, or as limiting or denying the power of the state board of health to declare or abate nuisances.

The state board of health and its inspectors shall at any and all times have full power and authority to and shall be permitted to, enter into and upon any and all places, inclosures and structures for the purpose of making, and to make, examinations and investigations to determine whether any provision of this act is being violated. Whenever any petitioner shall be granted any permit by said board and under the provisions of this act, such petitioner shall furnish to said board upon demand a complete report upon the condition and operation of the system, plant or works, which report shall be made by some competent person designated for the purpose by said board, and at the sole cost and expense of the holder of the permit.

Any county, city and county, city, town, village, district, community, institution, person, firm or corporation, who shall deposit, discharge or continue to deposit or discharge, into any stream, river, lake, or tributary thereof, or into any other waters, used or intended to be used for human or animal consumption or for domestic purposes, or into or upon any place the surface or subterranean drainage from which may run or percolate into any such stream, river, lake, tributary or other waters, or into any of the salt waters, or lands, within the jurisdiction of this state, any sewage, sewage affluent or other substance by the terms of section two of this act forbidden to be so deposited or discharged, without having an unrevoked permit so to do, as in this act provided, may be enjoined from so doing by any court of competent jurisdiction at the suit of any person or municipal corporation whose supply of water for human or animal consumption or for domestic purposes is or may be affected, or by the state board of health.

Anything done, maintained, or suffered, in violation of any of the provisions of section 2 or section 3 of this act shall be deemed to be a public nuisance, dangerous to health, and may be summarily abated as such.

Every county, city and county, city, town, village, district, community, institution, firm, corporation or person, or any officer, employee or agent thereof upon whom the duty to act is cast, who shall violate any provi sion or part thereof of section 2 or 3 of this act, or who shall fail to obey, observe or comply with any direction, order, requirement or demand or any part or provision thereof of the state board of health, or who aids or abets any such county, city and county, city, town, village, district, community, institution, firm, corporation or person, or any offi cer, employee or agent thereof in any failure to obey or comply with the provisions of this act or the orders of the state board of health as provided in this act, shall become liable for and forfeit to the state of California the penal sum of not more than one thousand dollars to be fixed by the court for each and every offense. The continued existence of any violation of this act for each and every day beyond the time stipulated for compliance with any of its provisions or of any order of the state board of health as provided herein shall constitute a separate and distinct offense. All penalties are to be recovered by the state in civil action brought by the state of California and such penalties when collected shall be paid into the general fund of the state treasury.

Every officer, agent, or employee of any county, city and county, city, town, village, district, community, institution, firm, corporation or person who shall violate or fail to comply with any of the provisions of sec

tion 2 or section 3 of this act or with the order or orders of the state board of health or any part thereof, or who aids or abets in any failure to observe and comply with any such provision, order, or part thereof, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment, for each offense. Each day's violation of this provision shall constitute a separate and distinct offense. [Amendment approved May 24, 1917; Stats. 1917, p. 921.]

ACT 2836a.

An act to prevent the introduction, and provide for the investigation and suppression of contagious or infectious diseases, and appropriating money to be used for such purpose.

[Approved June 7, 1913. Stats. 1913, p. 868.] Amended 1917; Stats. 1917, p. 671.

The amendment of 1917 follows:

owners.

§ 2. Extermination of rodents, insects, vermin etc., by property Extermination by state board of health. Whenever any land, place, building, structure, wharf, pier, dock, vessel or water craft, or other property is infested with rodents, insects, or other vermin which are liable to convey or spread contagious or infectious disease from an existing focus declared by the state board of health, it shall be the duty of said board to at once notify the person, firm, copartnership, corporation, city, city and county, county, or district, owning said land, place, building, structure, wharf, pier, dock, vessel or water craft, or other property of the existence of said rodents, insects or other vermin, and said notice shall direct said owner to proceed immediately to exterminate and destroy said rodents, insects, or other vermin, and to continue in good faith such measures as may be necessary to prevent their return. Service of such notice upon a trustee, executor or administrator of the estate of the recorded owner of said property shall be deemed sufficient notice to the owner as provided herein and in the event the owner is absent from the state or cannot with due diligence be found, said notice shall be mailed to such owner addressed to his address given on the last completed assessment-roll of the county, or city and county in which said property is situate, or if no address be so given, then to his last known address and a copy of said notice shall be posted in a conspicuous place upon said property for a period of ten days. In the event that said owner fails, refuses or neglects to proceed and continue as above provided, within ten days from date of receipt of said notice, the state board of health may proceed to destroy said rodents, insects or other vermin, and take other appropriate measures to prevent their return, and the cost thereof shall be repaid to the state board of health by the owner of said land, place building structure, wharf, pier, dock, vessel, water craft or other property; provided, however, that said owner shall not be liable for expenditures in any one year, in excess of ten per cent of the assessed valuation of such property, and the appropriation provided in section one of this act shall be reimbursed by the amount so paid, and may be again expended in a similar manner. [Amendment approved May 18, 1917; Stats. 1917, p. 671.]

§ 3. Lien on property for payment of expense of extermination. Disposition of proceeds. Receiver. Bond. Any and all sums so expended by said state board of health shall be a lien upon the property on which such rodents, insects or other vermin shall have been destroyed, or other appropriate measures taken. The state board of health shall cause to be filed in the office of the county recorder of the county wherein said property is situated a notice setting forth the amount so expended by the state board of health and claiming a lien upon such property for the amount of such expenditures. Such claim of lien must be filed within six months after the first item of expenditure. An astion to foreclose such lien shall be commenced within six months after the filing and recording of said notice of lien, which action shall be brought by the state board of health through its attorney and for its benefit; provided, however, that the lien provisions of this act shall not apply to the property of any county, city and county, municipality, district, or other public corporation, but it shall be the duty of the governing body of such county, city and county, municipality, district or other public corporation to repay the state board of health the amount expended by it upon such property under the provision of this act upon presentation by said state board of health of a verified claim or bill showing the amount of such expenditures.

When the property is sold, enough of the proceeds to satisfy such lien and the costs of foreclosure shall be paid into the state treasury for the benefit of the fund herein created and the overplus, if any there be, shall be paid to the owner of the property if known, and if not known, shall be paid into the court for the use of such owner when ascertained.

When it appears from the complaint in such action that the property on which such lien is to be foreclosed is likely to be removed from the jurisdiction of the court, the court may appoint a receiver to take possession of the property and hold the same while the action may be penl ing or until the defendant shall execute and file a bond, with sufficient sureties, conditioned for the payment of any judgment that may be received against him in the action and all costs. [Amendment approved May 18, 1917; Stats. 1917, p. 672.].

ACT 2840b.

An act regulating the cleaning, laundering, sale, offering for sale, and furnishing for use to employees, of wiping rags; authorizing counties, cities and counties, cities and towns, to enact ordinances prohibiting the cleaning. laundering, sterilizing, and sale of wiping rags without a permit, and to issue and revoke permits to clean, launder, and sell wiping rags within their respective jurisdiction; authorizing peace and health officers to make inspections of wiping rags, and making violations of this act a misdemeanor.

[Approved April 25, 1913. Stats. 1913, p. 86.]

Amended 1917, p. 1609.

The amendment of 1917 follows:

§ 3. Not to be cleaned in laundry. Any person or corporation who shall wash, cleanse or launder soiled rags or soiled cloth material for