MAHB Model Regulation : Nuisances & Noisome Trades
SECTION I. AUTHORITY
This regulation is adopted under M.G.L. Chapter 111, Section 31, which gives the __________ Board of Health (hereinafter designated as “the Board”) authority to make reasonable health regulations, violations for which shall be punished by a fine of not more than 1000 dollars. This regulation is also adopted under M.G.L. Chapter 111, Section 122, which directs the Board of Health to examine into all nuisances, sources of filth, and causes of sickness within its town, which may, in its opinion, be injurious to the public health and to destroy, remove, or prevent the same. This regulation is also adopted under M.G.L. Chapter 111, Section 143.
SECTION II. GENERAL DEFINITIONS
For the purposes of this regulation, the following words and phrases shall have the following meanings:
BOARD OF HEALTH: The __________ Board of Health unless otherwise specified.
DEP: The Massachusetts Department of Environmental Protection.
SECTION III. OFFENSIVE OR NOISOME TRADES
3.00 PURPOSE: This section of this regulation is intended to restrict and/or prohibit a trade or employment which may be harmful to the inhabitants, injurious to their estates, dangerous to the public health, or may be attended by injurious odors.
3.05 DEFINITIONS:
For purposes of this section of this regulation, the following words and phrases shall have the following meanings:
HAZARDOUS MATERIALS: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual or potential hazard to water supplies or to human health if such substance or mixture were discharge to land, water, or air of the Town of __________.
NOISOME TRADE: A trade or employment which may be harmful to the inhabitants of the Town of __________ or injurious to their estates, dangerous to the public health, or may be attended by injurious odors. Without limiting the generality o the foregoing, the following activities are hereby declared to be “noisome trades:”
1. Any earth removal project exceeding 350 cubic yards of material per lot, or 1000 cubic yards of material per project;
2. The exterior storage of hazardous materials in excess of 55 gallons in connection with any commercial or industrial use;
3. The painting of automobile, truck, and/or farm, commercial, or industrial equipment; and
4. The operation of piggeries.
3.10 SITE ASSIGNMENTS: All noisome trades identified above are prohibited within the Town of __________ except in places so assigned by the Board of Health. All such assignments shall be entered into the records of the Town of __________.
3.20 APPEAL OF SITE ASSIGNMENT: Any persons, including persons in control of public land, aggrieved by the action of the Board of Health of the Town of __________ in assigning certain places for the exercise of any noisome trade may, within sixty days, appeal from said assignment to DEP.
3.30 ORDERS OF PROHIBITION: The Board of Health of the Town of __________ may issue orders of prohibition to persons in violation of this regulation or a particular site assignment. Said order of prohibition shall be served by an officer qualified to serve civil process upon the person or occupant having charge of the premises where such trade or employment is exercised. The Board of Health may levy a fine of up to five hundred dollars upon the person or occupant having charge of the premises where such trade or employment is exercised who refuses or neglects for twenty-four hours thereafter to obey said order.
3.40 APPEAL OF ORDER OF PROHIBITION: Whoever is aggrieved by an order of prohibition may, within three days after service of said order upon him, give written notice of appeal to the Board of Health of the Town of __________ and DEP and file a petition in superior court in Middlesex County.
3.45 Said trade or employment shall not be exercised contrary to the order while such proceedings are pending unless specially authorized by the Board of Health of the Town of __________.
SECTION IV. NUISANCES
4.00 Purpose: This section of this regulation is intended to prevent all nuisances, sources of filth and causes of sickness which may be injurious to the public health, safety, or welfare of the inhabitants of the Town of __________.
4.05 DEFINITIONS:
For purposes of this section of this regulation, the following words and phrases shall have the following meanings:
NUISANCE: An act or failure to perform a legal duty which causes or permits a condition to exist which injures or endangers the public health, safety or welfare of the inhabitants of the Town of __________.
4.10 EXAMINATION INTO NUISANCES: The Board of Health of the Town of __________ shall examine into all nuisances, sources of filth and causes of sickness within __________ which may, in its opinion, be injurious to the public health and shall destroy, remove or prevent the same as the case may require.
4.11: The odor from normal maintenance of livestock or the spreading of manure upon agricultural, horticultural, or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural, horticultural, or farming lands shall not be deemed to constitute a nuisance.
4.20 SUPPLY OF WATER: Upon a determination by the Board of Health of the Town of __________ that the available supply of water for drinking, culinary and or other domestic purposes in any place of habitation, or in any place where food or drink is prepared, handled or served to the public, is so unsafe or inadequate as to constitute a nuisance, the Board of Health may issue a written order to the owner of such place requiring that said owner discontinue the use of the water supply or that said owner supply an alternate water supply safe and adequate for such purposes.
4.30 ABATEMENT OF NUISANCE: The Board of Health of the Town of __________ shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, sources of filth or cause of sickness found thereon within twenty-four hours or such other time it considers reasonable.
4.31: If the owner or operator of a farm files a petition for review in district court of such order for abatement within ten days, the operation of said order shall be suspended pending order of the court.
4.35: If the owner or occupant fails to comply with such order the Board of Health of the Town of __________ may cause the nuisances, sources of filth and cause of sickness to be removed, and all expenses incurred thereby shall constitute a debt due the Town of __________.
SECTION V. ENFORCEMENT
5.10: The Board of Health, its agents, officers, and employees, shall have the authority to enter upon privately owned land for the purpose of performing their duties for the administration and review of this regulation, and may make or cause to be made such examinations, surveys, or samples as the Board of Health deems necessary.
5.20: The Board shall have the authority to enforce these regulations and permits issued thereunder by violation notices, administrative orders, and civil and criminal court actions.
5.30: Unless stated otherwise, any person who violates any provision of this regulation or permits issued hereunder, shall be subject to a fine of not more than one thousand dollars. Each day or portion thereof during which a violation occurs or continues shall constitute a separate offense, and each provision of the regulation or permit that is violated shall constitute a separate offense.
5.40: As an alternative to criminal prosecution in a special case, the Board may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Chapter 40, Section 21D. For the purpose of this provision, the penalty to apply in the event of a violation shall be as follows: $100.00 for the first offense; $200.00 for the second offense; $300.00 for the third offense; and $300.00 for the fourth and each subsequent offense. Each day on which a violation exists shall be deemed a separate offense.
SECTION VI. APPEAL
6.10: Unless otherwise provided, any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
SECTION VII. SEVERABILITY
7.10: If any portion, or sentence, clause or phrase of this regulation shall be held invalid for any reason, the remainder of this regulation shall continue in full force and effect.
BOARD OF HEALTH
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EFFECTIVE DATE ________________________