Town of Ashland, MA Chapter 29 Health, Board of

[HISTORY: Adopted by the Town of Ashland as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Solid waste — See Ch. 245.

Board of Health regulations — See Division 4.

Article I Enforcement of Provisions

[Adopted May 1993 STM]

§ 29-1 Authorization to use statutory provisions providing for noncriminal disposition.

The Ashland Board of Health, its members and agents may, at its discretion, enforce any of the rules and regulations it is authorized to adopt and enforce under M.G.L.A. C. 111, § 31, and to enforce any of those rules and regulations of any other state or federal agency that it is authorized to enforce, in the methods provided in M.G.L.A. C. 40, § 21D, Noncriminal disposition of certain violations.

§ 29-2 Violations and penalties, Criminal Disposition.

[Added 10-19-1994 STM, Art. 20; amended 5-12-1999 ATM, Art. 16]

Violations of health regulations adopted pursuant to M.G.L.A. Chapter 111, § 31 shall be those as stated in said § 31 as, from time to time, amended. Each day or part thereof of violation of any provision of such health regulations, whether continuous or intermittent, shall constitute a separate and succeeding offense.

§ 29-3 Violations and penalties, Non-criminal Disposition.

[Added 5-12-1999 ATM, Art. 16]

A. Violations of any provision of health regulations adopted pursuant to M.G.L.A. Chapter 111, § 31 may be processed pursuant to Chapter 40, § 21D of the general laws of the commonwealth. Fines for violations shall be assessed according to the schedule listed in § 29-4 hereunder.

B. If a violator fails to respond to a citation within twenty-one (21) days, the Health Director shall forward a copy of the citation to the District Court where it shall be handled under the provisions of M.G.L.A. Chapter 40, § 21D.

C. Each day or part thereof of violation of any provision of such health regulations, whether continuous or intermittent, shall constitute a separate and succeeding offense.

§ 29-4 Penalties and/or fines.

[Added 5-12-1999 ATM, Art. 16; amended 5-2-2007 ATM, Art. 21]

A. Food Establishment Regulations (105 CMR 590.000)

(1) Non-critical Violations (as defined by CMR)

	First offense	$20.00
	Second offense	$40.00
	Third offense	$80.00
	Each subsequent offense	$80.00

(2) Critical Violations (as defined by CMR)

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

B. Housing Code Violations, Rental Units (105 CMR 410.000)

(1) Conditions deemed to endanger or impair health or safety (105 CMR 410.750)

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

(2) Roach infestations (105 CMR 410.550)

[Amended 11-14-2007 ATM, Art. 30]

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

C. Violations of regulations relative to nuisance (M.G.L. Chapter 111, § 122)

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

D. Tanning facilities

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

E. Prohibiting Smoking in Membership Associations

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

F. Body Art Establishments and Practitioners

	First offense	$100.00
	Second offense	$200.00
	Third offense	$300.00
	Each subsequent offense	$300.00

G. Management of Fats, Oil and Grease

[Added 5-7-2008 ATM, Art. 17]

	First offense:	$100.00
	Second offense within 24 months of the first violation:	$200.00
	Third offense within 24 months of the current violation, including the current violation:	$300.00
	If subsequent offenses do not occur within 24 months of prior offense, the fine for a first offense shall apply

H. Keeping of Animals Regulation

	First offense:	$100.00
	Second offense within 24 months of first violation:	$200.00
	Third offense within 24 months of the current violation, including the current violation:	$300.00
	If subsequent offenses do not occur within 24 months of prior offense, the fine for a first offense shall apply

I. Tobacco Regulations - Sale to a Minor:

[Added 11-17-2015 ATM, Art. 10[1]]

	First offense:	$300.00
	Second offense:	$300.00
	Third offense:	$300.00

[1] Editor's Note: This article also provided for the redesignation of former Subsection I, All other regulations, as Subsection K.

J. Tobacco Regulations - Point of Sale/Signage:

[Added 11-17-2015 ATM, Art. 10]

	First offense:	$50.00
	Second offense:	$50.00
	Third offense:	$50.00
	Each subsequent offense:	$50.00

K. All other regulations:

	First offense:	$100.00
	Second offense:	$200.00
	Third offense:	$300.00
	Each subsequent offense:	$300.00