3701.35 FORM OF REGULATIONS
Every regulation, adopted by the public health council, shall state
the date on which it takes effect, and a copy thereof, signed by the
secretary of the council, shall be filed in the office of the secretary
of state, and a copy thereof shall be sent by the director of health to
each board of health of a general or a city health district, health
officer, or person performing the duties of health officer, within the
state, and shall be published in such manner as the council may
determine. Every provision of the sanitary code shall apply to and be
effective in all portions of the state.
NOTES OF DECISIONS AND OPINIONS
Constitutional issues 1 Enforcement 2 1. Constitutional issues
GC 1232 (RC 3701.02), GC 1234 (RC 3701.33), GC 1235 (RC 3701.34), and
GC 1236 (RC 3701.35), which create a state department of health, a
public council, and authorize such public council to make and amend
sanitary regulations of general application throughout the state and to
provide for the certification, publication, and enforcement of such
regulations are lawful and a valid exercise of legislative power; thus,
a sanitary code, which authorizes the quarantine, examination, and
detention of persons reasonably suspected of having a venereal disease
for the protection of public health, does not violate O Const Art I §5
or violate GC 13031-17 (former RC 2905.28). Ex parte Company (Ohio 1922)
106 Ohio St. 50, 139 N.E. 204, 1 Ohio Law Abs. 10, 20 Ohio Law Rep. 426.
2. Enforcement
Defendant will be restrained from discharging sewage into a covered
drain in a city, which had been built to take the place of a natural
stream, where its use as a sewer had been abandoned, since such use is
forbidden by the sanitary code, GC 112 (Repealed), promulgated under
authority of GC 1235 et seq. (RC 3701.34) and given the authority of law
by this section. Frank Tea & Spice Co. v. L. Schreiber & Sons
Co. (Hamilton 1925) 20 Ohio App. 119, 151 N.E. 801, 4 Ohio Law Abs. 534.
R.C. § 3701.35
OH ST § 3701.35
