The Director of Public Health, unless otherwise stated in these bylaws shall follow the provisions outlined in Massachusetts General Law and 105 CMR 400.000 for the administration of the State Sanitary Code and shall be responsible for the enforcement thereof.
[HISTORY: Adopted by the Town Meeting of the Town of Foxborough 5-12-2025 ATM by Art. 26. Amendments noted where applicable.]
The Director of Public Health or their representative under the authority of the Board of Health shall also be a noncriminal enforcement agent. Violations of the following Massachusetts General Laws, State Sanitary Code Regulations, or Board of Health Regulations may be enforced in the manner provided using the non-criminal provision MGL c. 40, § 21D, and, at the discretion of the enforcing person, by either a warning or by a citation. Each day on which a violation exists shall be deemed to be a separate offense for the purpose of this section, the specific penalty which is to apply for violation of each such subsection shall be as follows:
State Sanitary Code, 105 CMR 123.014 — Failure to comply with an order issued pursuant to the Minimum Standards of Tanning Facilities. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
State Sanitary Code, 105 CMR 400.000 — General Administrative Procedures |
Penalty: $300 dollars - Interfering with an inspection or failing to comply with a search warrant. |
State Sanitary Code, 105 CMR 410.910 — Failure to comply with an order issued pursuant to the Minimum Standards of Fitness for Human Habitation. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
State Sanitary Code, 105 CMR 430.751 — Failure to comply with an order issued pursuant to the Minimum Standards for Recreational Camps for Children. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
State Sanitary Code, 105 CMR 435.45 — Failure to comply with an order issued pursuant to the Minimum Standards for Swimming Pools. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
State Sanitary Code, 105 CMR 440.00 — Failure to comply with an order issued pursuant to the Minimum Standards for Developed Family Type Campgrounds. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
State Sanitary Code, 105 CMR 590.00 — Failure to comply with an order issued pursuant to the Minimum Sanitation Standards of Food Establishments. |
Penalty: $50 dollars — Non-compliance for 30 days or less. $150 dollars — Non-compliance for 31 to 90 days. $300 dollars — Non-compliance for 90 days or more. |
Board of Health Regulation promulgated pursuant to M.G.L. c. 111, s.31 — Failure to comply with an order issued pursuant to a currently adopted Board of Health Regulation. |
Regulation - Animal and Fowl Penalty: $50 per offense. |
Regulation - Biological Safety |
Penalty: $300 per offence. |
Regulation - Body Art |
Penalty: $100 - First Offense $200 - Second Offense $300 — Third and Subsequent Offenses |
Regulation - Demolition Regulation |
Penalty: $200 — Failure to submit hazardous material survey $50 — All other violations of the regulation. |
Regulation - Dumpsters |
Penalty: $50 — Non-compliance for 30 days or less $100 — Non-compliance for 31 to 90 days $200 — Non-compliance for 90 days or more |
Regulation - Gasoline and Heating Oil Regulation |
Penalty: $50 — Non-compliance for 30 days or less $100 — Non-compliance for 31 to 90 days $200 — Non-compliance for 90 days or more |
Regulation - Fats, Oils, and Grease |
Penalty: $50 per offense. |
Regulation Floor - Drains |
Penalty: $200 — Non-compliance for 90 days or less $300 — Non-compliance for 91 days or more |
Regulation - Housing Code |
Penalty: $25 — Non-compliance for 30 days or less $50 — Non-compliance for 31 days or more |
Regulation - Private Well |
Penalty: $10 — Non-compliance for 30 days or less $100 — Non-compliance for 31 to 90 days $200 — Non-compliance for 90 days or more |
Regulation — Swimming Pool |
Penalty: $50 — Non-compliance for 30 days or less $100 — Non-compliance for 31 to 90 days $200 — Non-compliance for 90 days or more |
Regulation - Tanning |
Penalty: $50 — Non-compliance for 30 days or less $100 — Non-compliance for 31 to 90 days $200 — Non-compliance for 90 days or more |
Regulation - Toilets |
Penalty: $50 — Non-compliance for 30 days or less $100 — Non-compliance for 31 or more |
Smoke Free Workplace Regulation and Act, M.G.L.ch.270, s.22(m)(1) - Failure to maintain a workplace in compliance with the Smoke Free Workplace Act. |
Penalty: $100 first violation. $200 second violation $300 third violation and subsequent violations. (Subsequent violations must occur within two years of the last offense) |
A.
Unless otherwise stated by Massachusetts General Law or the State Sanitary Code, orders issued under this provision shall be served on all persons responsible for the violation, provided, however, that such fines and actions related to any violation of the Smoke Free Workplace Act shall apply against the retailer and/or his or her business agent and not an employee thereof.
B.
These orders shall be served in one of the following manners:
(1)
Personally, by any person authorized to serve civil process.
(2)
By any person authorized to serve civil process by leaving a copy of the order at his or her last and usual place of abode.
(3)
By sending them a copy of the order by registered or certified mail, return receipt requested, if they are within the Commonwealth.
(4)
If his or her last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about 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 or premises affected is situated.