[HISTORY: Adopted by the City Council of the City of Dover 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 116 of the 2013 Code. Amendments noted where applicable.]
No person shall place or leave or cause to be placed or left
in or near any highway, street, alley or public place or in any private
lot or enclosure or in any pond or other body of water, where the
current will not remove the same, any rubbish, dirt, soot, ashes,
hay, shreds, oyster, clam or lobster shells, tin cans, decayed fruit
or vegetables, wastewater or any refuse animal or vegetable matter
whatsoever, nor keep in or about any dwelling house, barn, shed, store,
shop or cellar any of the aforesaid substances in any manner liable
to become putrid or offensive or injurious to the public health.
No person or persons shall erect, maintain or use any vault,
cesspool or sink within 100 feet of any public sewer or erect, maintain
or use within the compact part of the City any pen or sty for swine
if the same, in the opinion of the Board of Health, is a nuisance
and injurious to the public health or erect, maintain or use any swill-house
or building for rendering any offal, tainted or damaged tallow, lard
or any putrid animal substance within the limits above described.
A.
The purpose of this section is to protect and preserve the purity
and sanitation of public water and parks, to protect public property
from defacement, and to protect the public from the creation of health
hazards.
B.
No person shall purposely dispense any type of food, substance or
seeds with the intent of causing any species of wildlife to feed upon
the grounds or water owned by the City of Dover.
The owner, agent, occupant or other person having the care of
any tenement used as a dwelling house or any other building shall
furnish the same with a sufficient drain, and no person shall suffer
any waste or stagnant water to remain in any cellar or upon any lot
or vacant grounds by him owned in the compact part of any ward of
the City.
When any vault or drain shall become offensive or obstructed,
the same shall be cleaned and made free, and the owner, agent, occupant
or other person having charge of the premises in which any vault or
drain may be situated, the state or condition of which shall be a
violation of the laws of the state or the provisions of this chapter,
shall remove, cleanse, alter, amend or repair the same within such
reasonable time after a notice, in writing, to that effect shall be
given to either of them by the Health Officer, as shall be expressed
in such notice. In case of neglect or refusal to do so, the Board
of Health may cause the same to be removed, amended or repaired, as
it may deem expedient, at the expense of the owner, occupant or other
person aforesaid.
Except as hereinafter provided, no person, firm or corporation shall install or use for any purpose a well in or on any property located within 1,500 feet of the Hazardous Waste Landfill District I which is established and described in Chapter 170, Zoning, § 170-28.5B, as consisting of those City-owned lots shown on the City of Dover Assessor's Map C, Lots 16, 18 and 24.
The installation and use of wells within the area described
in this chapter shall be permitted for any purpose reasonably related
to the cleanup, testing and reclamation of the Tolend Road Landfill.
It shall be and hereby is made the duty of every physician,
surgeon or other person attending upon a case of smallpox, epidemic
cholera, epidemic dysentery, diphtheria, scarlet fever, typhoid fever,
measles, yellow fever or other dangerous, contagious, infectious or
pestilential disease and of every householder, attendant or agent,
in whose house a case of any such disease occurs, to report every
such case to the Health Officer or to the Board of Health within 24
hours after having knowledge of the same, giving the number of the
house, the street, avenue or lane upon which it is situated and the
name of the occupant or occupants, with the name and age of the diseased
person, if known, and the Board may take such action as it deems expedient
to prevent the spread of such disease.
A.
All petitions for the cleansing, removing or abatement of any nuisance
shall be made to the Board of Health or to its executive officer or
to any one of them, verbally or in writing, stating distinctly the
character of such nuisance, the premises where situated and the reason
for its removal or abatement, but if it becomes necessary to institute
legal proceedings against the party or parties complained of, the
complainant shall, before such proceedings are instituted, file a
complaint, in writing, with the Board.
B.
Any place used for the purposes of distributing or consuming controlled substances or the selling of paraphernalia to consume controlled substances is hereby declared to be a public health nuisance. The City may petition the Superior Court for injunctive relief to abate the nuisance and close the premises. This remedy shall be in addition to any fines imposed pursuant to § 89-11.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
A notice served on an owner, agent or occupant of any property
or left at the private residence of the owner, agent or occupant,
or, if no such owner, agent or occupant can be found, posted on the
front door or wall or fence of such property and a like notice sent
to the last known post office address of such owner or agent shall
be considered sufficient and ample notice.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Any person or persons, company or corporation who or which shall
violate or cause to be violated, by agent or otherwise, any or either
of the sections of this chapter or any or either of the provisions
thereof or any or either of the orders, rules or regulations of the
Board of Health, legally promulgated, or who or which shall fail or
neglect to comply with any or either of the requirements thereof,
by agent or otherwise, shall, upon conviction thereof before the District
Court or other court of competent jurisdiction, be subject to a fine
as provided in the City Fine Schedule, with the costs of prosecution,
for each offense, except in cases where the punishment is made and
provided for under the laws of the state, in which case the penalties
so prescribed shall be imposed.
No facility processing infectious waste not generated on site
may operate within the City limits of the City of Dover, New Hampshire.
A.
Unlawful acts:
(1)
Knowingly maintaining any place for the purpose of distributing,
consuming or selling controlled substances or drug paraphernalia designed
to consume controlled substances.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
(2)
Managing or controlling any building, room, or enclosure as an owner,
lessee, agent, employee or mortgagee, and knowingly and intentionally
renting, leasing, or making available with or without compensation
the building, room, or enclosure for the purpose of unlawfully distributing
or using a controlled substance, or sale of illegal drug paraphernalia.
