[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 6-3-2002. Amendments noted where applicable.]
This chapter is adopted under MGL c. 111, § 31,
which gives the Williamstown Board of Health (hereinafter designated
as "the Board of Health") authority to make reasonable health regulations.
This chapter is also adopted under MGL c. 111, § 122, which
directs the Board of Health to assess all nuisances, sources of filth,
and potentials for sickness within its Town, which may, in its opinion,
be injurious to the public health and to destroy, remove, or prevent
the same. This chapter is also adopted under MGL c. 111, § 143,
which addresses trade or employment, assignment of places, and prohibition
attendant with noisome and injurious odors.
This chapter is intended to restrict and/or
prohibit any trade or employment, nuisances, sources of filth, injurious
odors and potentials for sickness, which may endanger the public health,
safety, or welfare of the inhabitants of the Town of Williamstown.
For the purposes of this chapter, the following
words and phrases have the meanings indicated:
The Williamstown Board of Health or its designated agent(s).
The Williamstown Board of Health unless otherwise specified.
The Massachusetts Department of Environmental Protection.
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
discharged to land, water, or air of the Town of Williamstown.
A trade or employment which may be harmful to the inhabitants
of the Town of Williamstown, dangerous to the public health, or may
be attended by injurious odors. Without limiting the generality of
the foregoing, the following activities are hereby declared to be
examples of noisome trades:
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 Williamstown.
Without limiting the generality of the foregoing, the following activities
are hereby declared to be examples of nuisances:
A.
Site assignments. After the adoptive date of this
chapter, all noisome trades as identified by the Board of Health are
prohibited within the Town of Williamstown except in places so assigned
by the Board of Health. All such assignments shall be entered into
the records of the Town of Williamstown.
B.
Appeal of site assignment. Any persons, including
persons in control of public land, aggrieved by the action of the
Board of Health in assigning certain places for the exercise of any
noisome trade may, within 60 days, appeal from said assignment to
the Department of Environmental Protection.
C.
Orders of prohibition. The Board may issue orders
of prohibition to persons in violation of this chapter or a particular
site assignment. An officer qualified to serve civil process upon
the person or occupant having charge of the premises where such trade
or employment is exercised shall serve said order of prohibition.
D.
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 Williamstown and the Department of Environmental
Protection and file a petition in Superior Court in Berkshire County.
E.
Said trade or employment shall not be exercised contrary
to the order while such proceedings are pending unless specifically
authorized by the Board of Health.
A.
Examination into nuisances. The Board shall assess
all nuisances, sources of filth or potentials for sickness, which
may, in its opinion, be injurious to the public health.
B.
Agricultural exemption. Any 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.
C.
Supply of water. Upon a determination by the Board
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.
D.
Abatement of nuisance.
(1)
The Board shall order the owner or occupant of any
private premises, at his own expense, to remove any nuisance, sources
of filth or potentials for sickness found thereon within 24 hours
or such other time it considers reasonable.
(2)
If the owner or occupant fails to comply with such
order, the Board may cause the nuisances, sources of filth and potentials
for sickness to be removed, and all expenses incurred thereby shall
constitute a debt due the Town of Williamstown.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of this chapter is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
The Board of Health may, in its discretion,
waive compliance with a particular requirement of this chapter when,
in its opinion:
A.
The enforcement of the regulation would do manifest
injustice; and
B.
The applicant has proved that the same degree of protection
of the public health, safety and welfare can be achieved without strict
application of the particular provision. Any alternative means of
protection shall be detailed and documented by the applicant to the
satisfaction of the Board of Health.
[Amended 2-7-2011]
A.
Any person
or persons aggrieved by any order issued under this chapter may appeal
by filing a written petition for hearing to the Board of Health, which
must be received within 10 days after the day the order was served.
B.
The hearing
shall be commenced not later than 14 days after the receipt of a petition.
C.
At the
hearing the petitioner and other affected parties shall be given an
opportunity to be heard, to present witnesses or documentary evidence,
and to show why an order should be modified or withdrawn. Failure
to hold a hearing within the time period specified herein shall not
affect the validity of any order.
D.
The Board
of Health shall sustain, modify, or withdraw the order and shall inform
the petitioner.
E.
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
this commonwealth.
If any portion, or sentence, clause or phrase
of this chapter shall be held invalid for any reason, the remainder
of this chapter shall continue in full force and effect.
The effective date of this chapter is July 1,
2002.
