Under the authority of MGL c. 111, §§ 31 and 31B, 122 through 127A, and 143, and pursuant to 310 CMR 7.00, Air Pollution Control, the Board of Health may investigate, at its discretion, specific conditions or nuisances that may be injurious to the public health and may order the abatement of any threat to the public health or nuisance found to exist in the Town of Sharon.
As used in this article, the following terms shall have the meanings indicated:
- To repair, replace, remove, destroy, or otherwise remedy a condition.
- Animal and food waste.
- 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 Sharon.
- Any tenant, with or without a legally binding lease, who resides in a dwelling or has possession of a space or operates a business out of a space in the Town of Sharon.
- Any person or group of persons, whether individuals, a business entity, or organization, whether incorporated or not, who owns, possesses, manages, or controls any property and shall be sufficiently identified by the name and/or address appearing in the records of the Town Assessor.
- Any land, building, structure or real property, including any fixtures attached thereto, or any personal property located within the Town.
- Combustible and noncombustible waste materials, except garbage and approved compost containers, and includes but is not limited to such material as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, glass, crockery, plastics, mineral matter, dust and the residue from the burning of wood, coal, coke or other combustibles.
- Any invertebrate or vertebrate animals which may act as carriers or agents of infection and disease transmission.
The owner or occupant of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in clean and sanitary conditions and free from garbage, rubbish, or other refuse. The owner or occupant of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the public.
Any person or persons owning, occupying, or having control of any property shall keep the same in a clean and sanitary condition and free of garbage, rubbish, or other filth or causes of sickness. Any such person having control of any property, in or upon which there is any substance or material, or any condition which is or may become a source of danger to the public health or a nuisance, shall, when ordered by the Board of Health as set out below, remove or abate the same within the time specified in said order.
Any person or persons owning, occupying, or having control of any premises abutting and/or adjoining a private way, and having the right to use such private way, shall, when ordered by the Board of Health in writing, remove or abate from that part of said private way adjoining such premises any substance, material or condition which is or may become a menace to the public health or a nuisance, and such removal or abatement shall take place within the time specified in said order. The owner or occupant of any dwelling abutting a private passageway, private road, drive, or right-of-way owned or used in common with other dwellings or which the owner or occupants under his/her control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the passageway or right-of-way which abuts his/her property and which he/she or the occupants under his/her control have the right to use, or are in fact using, or which he/she owns.
No person shall place, throw, or deposit any trash, bottles, cans, refuse, scraps, furniture or appliances or other waste material of any kind on or in any public way or place within the Town or within 20 yards thereof.
No owner, occupant, or agent of any parcel of land or property shall permit any sewage, garbage, contents or drainage of a privy vault, cesspool or water closet, sink drain, any other filth or graywater to empty on the surface of the ground or enter into any ditch, brook, stream, or body of water.
No person or persons shall place or cause to be placed or left in or upon any public or private street or way, enclosure or grounds, or in any body or stream of water within the limits of this Town, the body of any dead animal, fowl, or any other substance or material that is or may become offensive or cause a nuisance, or may tend to obstruct the flow of any stream or body of water.
There shall be no discharge of any liquids onto any public ways or streets.
No person shall allow the accumulation of material on a property, including, but not limited to, animal feces, offal, brine, bones, decayed fruit and vegetables or other rubbish that is liable to produce offensive odors or attract vermin, excluding properly contained compost piles.
Yard waste or landscaping waste must be disposed of only at a licensed facility, such as a composting site, or in a compost bin or device constructed for the decomposition of such matter.
No person shall maintain or allow to be maintained upon his/her premises or property, or upon property or premises under his/her control, any excessive amount of litter, paper, cans, bottles, discarded materials or other waste and refuse. An excessive amount of said materials shall be considered in existence when the same is carried by wind or otherwise migrates from its source to the land or property of another or to a public way or a way upon which the public has a right of access or lies dormant on the property more than 24 hours without being stored in a proper receptacle.
No person shall allow the accumulation of rubbish, disused furniture, mattresses, appliances, machinery on a lot, yard, or other property which may become a harborage to mice, rats, snakes, vermin or which may become conductive to fire. Rubbish, disused furniture, mattresses, appliance machinery or similar property should be disposed of in accordance with local requirements.
All tires, new or used, on residential or commercial property, must be stored so that they are completely covered and cannot collect water that would become a mosquito breeding site.
Medical waste, including needles, bandages, and other materials, must be disposed of in an appropriate sharps container or biohazard container and delivered to an approved vendor licensed under 105 CMR 480, State Sanitary Code, Chapter VIII, Minimum Requirements for the Management of Medical or Biological Waste.
Hazardous materials including household hazardous waste must be disposed of through Sharon household hazardous waste collections, or through an approved hazardous materials vendor. Hazardous materials should not be disposed of in household or industrial trash.
No person shall keep or maintain dogs, cats, fowl, hogs, goats, cows, chickens, horses, or other animals in a manner that creates a nuisance. However, the 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.
MGL c. 111, § 31C, Atmospheric pollution, and 310 CMR 7.00, Air Pollution Control, Section 7.10, Noise, Section 7.52, Enforcement Provisions, as most recently amended, are hereby adopted as local regulations for the Town of Sharon.
The Board of Health may require property owners or occupants to take measures to control mosquitoes or other insects in the Town of Sharon, where they are a public nuisance, or where mosquito-borne or insect-borne disease, such as Eastern Equine Encephalitis or West Nile Encephalitis, pose a threat to the public health. The Board may also advise the East Norfolk Mosquito Control Commission to act on its behalf to carry out measures to control mosquito populations in the Town of Sharon under MGL c. 252, § 5B.
Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day before collection.
No individual or group of persons, whether individuals, business entities, or organization, whether incorporated or not, that charges a fee shall collect rubbish from any dwelling or business establishment in the Town of Sharon without obtaining a permit. All trucks or vehicles for transporting rubbish or trash shall be constructed and maintained as to prevent the escape of all matter while being conveyed to the disposal area. Nothing in this section shall be so construed as to prevent a householder from disposing of such material from his or her own household without a permit, provided he or she shall remove, transport or dispose of such material in a manner satisfactory to the Board of Health and in compliance with all applicable state and federal regulations pertaining to the waste involved.
The Board of Health, its agents, officers and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties for the administration and review of this regulation and may make or cause to be made such examinations, survey or samples as the Board of Health deems necessary.
The Board or its agents shall have the authority to enforce these regulations by violation notices, administrative orders, and civil and criminal court actions.
It shall be unlawful for the owner or occupant of any property to violate any one or number of the standards contained in this regulation. The Board of Health shall give an order to the owner or occupant of any private premises, as provided under MGL c. 111, § 123, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours, or within such other time as it considers reasonable after notice.
In accordance with MGL c. 111, § 124, such order shall be in writing, and may be served personally on the owner, occupant or his/her authorized agent by any person authorized to serve civil process; or a copy of the order may be left at the last and usual place of abode of the owner, occupant or agent, if he is known and within or without the commonwealth; or a copy of the order may be sent to the owner, occupant or agent by registered mail, return receipt requested, if he is known and within the commonwealth. If the order is directed against the owner and if the residence and whereabouts of the owner or his/her agent are unknown or without the commonwealth, the Board may direct the order to be served by posting a copy thereof in a conspicuous place on the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building affected is situated.
If the owner or occupant fails to remove such nuisance with the time frame provided for in the order to correct, the Board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred thereby shall constitute a debt due to the Town. The sum so expended may be recovered by the Town of Sharon as provided in MGL c. 111, § 125 or in an action of contract by the Town against the owner.
Enforcement may also be sought by civil process, criminal process or by noncriminal disposition as provided in MGL c. 40, § 21D, MGL c. 111, § 187, and MGL c. 139, Common Nuisances.
Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
Continued violation of any provision of these regulations may be penalized by indictment or on complaint brought in the District Court. Each day or portion thereof during which a violation of any provision of this regulation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
Each provision of this regulation shall be construed as separate to the end that if any provision, sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that section and all other sections shall continue in full force and effect.