[HISTORY: Adopted by the Board of Health of the Town of Easton 9-4-2012. Amendments noted where applicable.]
The purpose of this Regulation is to protect the health of general public in the Town of Easton by providing the Board of Health with the authority to issue Orders to protect the public from actual threats of "Mosquito-Borne Illnesses."
These Rules and Regulations are adopted under the authority of the Massachusetts General Laws, Chapter 111, Sections 31.
As used in this chapter, the following terms shall have the meanings indicated:
- MOSQUITO-BORNE ILLNESS
- Any and all viruses, diseases or infections that may be transmitted to humans through the bite of an infected mosquito. Mosquito-Borne Illnesses shall include, but not be limited to Eastern Equine Encephalitis.
Upon receipt and evaluation of demonstrable evidence of an imminent risk to public health and safety from Mosquito-Borne Illnesses, the Board of Health may hereby issue Orders for the abatement, avoidance, containment and prevention of Mosquito-Borne Illnesses. Such Orders shall be reasonably tailored in scope and duration. Orders may include, but not be limited to, restrictions on outdoor activities on public or private property, subject to the exemptions and provisions of this regulation. Any and all Orders must be sufficiently posted, published and/or disseminated in a manner that adequately notifies the intended recipients thereof.
The Board may not issue an order banning outdoor activities on either privately held residential property; or on public or private streets or ways.
The Board may issue orders to ban or restrict activity on either any non-exempt public property or on any non-exempt private property that is used for locally sponsored youth activities, including but not limited to youth sports leagues. However, the Board may not issue orders to ban or restrict activity on other non-exempt private properties, such as colleges and golf courses, prior to:
Issuing an advisory to said private property owner requesting a management plan to limit exposure to mosquito-borne illnesses; and
Determining that said private property owner either failed to provide a suitable management plan or failed to adhere to such management plan, provided however that such determination shall be made only after a hearing, with seven days' prior notice thereof to the affected property owner.
Following the issuance of a containment and prevention Order, the Town of Easton Board of Health may issue further orders as appropriate to aid in the enforcement of this Regulation and may enforce these provisions in equity, including the request for injunctive relief, in a court of competent jurisdiction. Any failure to comply with any Order issued hereunder shall result in the issuance of a formal warning. Any failure to comply with such a warning shall result in a fine of not more than $100. Any failure to comply after the issuance of said initial fine may be punishable by a subsequent fine of up to $1,000. Each day of a continued non-compliance shall constitute a separate violation.