[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:
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.
A.
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.
B.
The Board may not issue an order banning outdoor activities on either
privately held residential property; or on public or private streets
or ways.
C.
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:
(1)
Issuing an advisory to said private property owner requesting a management
plan to limit exposure to mosquito-borne illnesses; and
(2)
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.
