[Adopted as Ch. 15 of the 1963 City Code (Ch. 35 of the 1980 Code)]
[Amended 7-10-2007 by Doc. 76]
The members of the Board of Health heretofore chosen according to law shall continue to hold their offices for the terms for which they were respectively chosen as set forth in § 3-10B(1) of Chapter 3, Administration of Government, of this Code.
The Board of Health shall annually in the month of February, as soon as practicable after such appointment, organize by the choice of a Chairman and may make rules and regulations for its own government and that of its own government and that of its officers, agents and assistants.
A. 
The Board of Health may make sanitary rules and regulations regarding:
(1) 
The inspection and the care, manufacture, keeping and exposing for sale and the sale of ice, milk, fruits, ice cream, breadstuffs, vegetables, provisions, meats and other articles of food.
(2) 
The care, keeping and disposition of house offal, manure, fat, bones, garbage, house dirt, ashes, waste and rubbish, etc.
(3) 
The construction, care and maintenance of wells, cisterns, vaults, privies and cesspools.
(4) 
Plumbing and house drainage, when not repugnant to any law or ordinance relative thereto.
(5) 
The sanitary condition and occupancy of tenement, lodging houses and boardinghouses.
(6) 
The keeping and breeding of birds, fowl, swine, goats and all other domestic animals within the City limits, or within specified areas or districts thereof.
(7) 
The location, use, care and maintenance of stables and dumps.
(8) 
The location, use, care and maintenance of any other buildings within the City for purposes deemed unsanitary or dangerous to the public health:
(9) 
Nuisances, sources of filth or causes of sickness of all kinds.
(10) 
The notice, care, treatment, isolation, quarantining and disinfection of persons, buildings, places or localities infected or in danger or suspected of being infected with dangerous, infectious or communicable diseases.
(11) 
Cemeteries and burials.
B. 
The Board may make such further rules and regulations in the interest of public health and sanitation as it may from time to time deem necessary or expedient, except as otherwise provided or limited by law or ordinance.
All rules and regulations made by the Board of Health concerning the matters specified in § 11-32 shall, after such publication thereof as may be required by law or ordinance and after such approval, if any, by the State Department of Health as may be required by law, have the force and effect of ordinances of the City. Any violation of such rules and regulations shall be subject to the fines and penalties provided for the violation of any section of this Code, except as otherwise provided by law.
[Amended 7-10-2007 by Doc. 76]
The Board of Health shall cause all rules and regulations made and promulgated by it in accordance with the provisions of §§ 11-32 and 11-33 to be printed in full in pamphlet form in sufficient quantities to supply all applicants therefor with copies thereof, and such copies shall be kept on hand for distribution to applicants therefor at the office of the Board of Health, at the police station and at the public library.
The Board of Health shall annually, in May, investigate and submit to the Mayor estimates of the expenditures deemed by it to be necessary for the operation and maintenance of its department for the current municipal year.
The Board of Health shall keep, in books provided for that purpose, full and complete records and accounts of its official acts, receipts and expenditures from all sources and for all purposes, including a record of all persons employed by it and the nature, time and terms of their employment, and such records and accounts shall at all times be subject to the inspection of the City Council, the Mayor and the Auditor of Accounts.
The Board of Health shall annually, in July, make to the Mayor a complete and detailed report of all its official acts and all its official receipts and expenditures during the municipal year next preceding the first day of July, including a record of the names and wages of all officers, inspectors or persons appointed or employed by it and when and where employed, and including such records and tables of vital and health statistics and such other information and recommendations as it may deem necessary or advisable.
The Board of Health is hereby authorized to make contracts, as occasions arise, in the name of the City, for the removal and disposal of all garbage and to assume and exercise supervision and control over the dump or dumps where collections of all house dirt, ashes, waste and rubbish from estates within the City are deposited.
A. 
No person, by himself, his servants or agents shall place or deposit or cause to be placed or deposited any paper, house dirt, ashes, filth or any kind of refuse or rubbish in or on any public street or place or in or on any private way, lot or other place or within five feet of a fire hydrant, excepting such places as have been set aside and designated as a public dump, unless such person shall have first obtained permission therefor from the Board of Health.
[Amended 2-27-1996 by Doc. 39]
B. 
Any person who violates this section may be prosecuted under the provisions of MGL c. 270, § 16, and punished by a fine of not more than $5,500 for the first offense and not more than $15,000 for each subsequent offense and may be ordered to remove said papers, house dirt, ashes, filth or any kind of refuse or rubbish at his own expense. This section may also be enforced by the provisions of MGL c. 270, § 16A, in a noncriminal proceeding.[1]
[Added 2-7-1989 by Doc. 26-B; amended 7-10-2007 by Doc. 76]
[1]
Editor's Note: Original Subsection B, added 5-3-1988 by Doc. 95 and amended 8-9-1988 by Doc. 156, regarding penalties for violation of this section, was repealed 2-7-1989 by Doc. 26.
C. 
When refuse in the form of discarded newspapers is placed within the vicinity of the curb for pickup, collection or recycling by the City of Haverhill or by any person or corporation designated by the City in place thereof, any person, other than the owner, lessee, occupant or representative of the Haverhill Highway Department, who picks up, carries away or takes possession of said refuse, without authority, shall be fined $300.
[Added 6-13-1995 by Doc. 99; amended 7-10-2007 by Doc. 76]
It shall be the duty of the Police Department to report to the Board of Health or its agent all violations of such rules and regulations as shall come to its notice and to see that such rules and regulations are enforced and obeyed.