There is hereby created a Board of Health for the City of Andover, Kansas, which Board of Health shall be comprised of five members appointed by the Mayor with the approval of the majority of the Governing Body.

(Ord. 133, Sec. 1)

That the term of each of the five members of the Board of Health of the City of Andover, Kansas, as created by Section 8-101 of the Code of the City of Andover, shall be for periods of one (1), two (2), or three (3) years, expiring on the second regular meeting of the Council in January on the year of termination.  Two (2) of the five (5) appointments shall be for a period of one (1) year; one (1) of the five (5) appointments shall be for a period of two (2) years; and two (2) of the five (5) appointments shall be for a period of three (3) years. On the second regular meeting of the Council in January, upon the termination of any said appointments, the Mayor shall again appoint members to serve like terms for each terminating member.

(Ord. 353; Ord. 1796)

The City Clerk shall be the ex officio Clerk of said Board of Health without voting power and shall preserve the records of said Board.

(Ord. 133, Sec. 3)

The Board of Health shall be empowered to appoint or employ a City Health Officer and a City Sanitarian and City Health Officer and Sanitarian shall be charged with the responsibility of making the inspections, the quarantines and other administrative matter provided for in this article or other ordinances of the City of Andover, governing health and sanitation, and shall serve at the pleasure and discretion of the Board of Health.  The Health Officer and Sanitarian shall from time to time make recommendations respecting the improvement of the health of the inhabitants of the City for submission to the Governing Body.

(Ord. 133, Sec. 5)

(a)   The Board of Health shall have the power and authority to adopt rules and regulations for the conduct of the said Board of Health and to recommend standards of health to be enforced in the City, which standards shall be considered and may be adopted by Ordinance of the City of Andover, Kansas.

(b)   During any period of local disaster emergency, or the declaration by (i) the Mayor, (ii) the Governing Body, (iii) a County Board of Health or (iv) the State of Kansas that a state of emergency exists within any portion of the City’s corporate limits, the Board of Health may recommend to the Governing Body of the City any temporary rules, regulations, or orders necessary to protect the public health, which shall be considered and may be approved by written Resolution of the City’s Governing Body.  Such rules, regulations and temporary orders may include, but shall not be limited to: (i) the enforcement city-wide of any orders issued by any County Board of Health in which the City is situated; (ii) the exercise and maintenance of supervision over known or suspected cases of any infectious or contagious disease in the City; (iii) issuance of orders seeing that cases of infectious disease are properly handled and that the provisions of the Kansas public health laws as to isolation, quarantine, and disinfection are duly enforced; (iv) prohibition on public gatherings when necessary for the control of  infectious or contagious disease; (v) provision for required sanitation procedures at businesses or homes within the City; (vi) provision of unique services for at-risk members of the citizenry or use of required personal protective equipment under specified conditions necessary to prevent the spread of disease; (vii) cancellation of large gatherings or requirements for social distancing in smaller gatherings, (viii) closure of business establishments or discontinuation of private services for which there is a reasonable belief such business or service could contribute to the communication of infectious disease; and (ix) other measures known to prevent the spread of any infectious, contagious, or communicable disease or mitigate risk of infection to the public.

(c)   Nothing in this section is intended to be contrary, nor shall it be deemed to allow any contravention of any Kansas law or duly authorized standing order, rule or regulation issued by the State of Kansas or any agency thereof, or the enforceable order of any County Board of Health or duly authorized County health officer in existence or effect during the application of any City order, rule or regulation issued hereunder.

(Ord. 133, Sec. 6; Ord. 1758)