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:
BOARD
The Williamstown Board of Health or its designated agent(s).
BOARD OF HEALTH
The Williamstown Board of Health unless otherwise specified.
DEP
The Massachusetts Department of Environmental Protection.
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
discharged to land, water, or air of the Town of Williamstown.
NOISOME TRADE
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:
A.
The exterior storage of hazardous materials
in excess of 55 gallons in connection with any commercial or industrial
use; and
B.
The operation of piggeries.
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 Williamstown.
Without limiting the generality of the foregoing, the following activities
are hereby declared to be examples of nuisances:
A.
Parcels of land maintained in an unsanitary
manner so as to cause objectionable odors or sickness; and
B.
Any condition which would create harborage for
vermin, rodents, or other pests.
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.
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.