The Board of Health may make all regulations which it may deem necessary in regard to the removal and abatement of filth, rubbish, nuisances and causes of diseases and shall have the power to require the aid and assistance of such agents as may be needed to enforce such regulations and may fix their compensation.
Whenever it shall appear to the Board of Health that any cellar, lot or vacant land within the City has become a nuisance or so situated that it may probably become dangerous to the public health, it may cause the same to be drained, filled up or otherwise prevented from becoming or remaining a nuisance or cause of sickness and shall charge all reasonable expenses incurred in so doing to the several owners or parties occupying such cellar, lot or vacant land, provided that notice shall have been first given as provided in § 171-3 and the space of 48 hours thereafter allowed.
When the Board of Health shall be satisfied that any tenement used as a dwelling house is not furnished with a sufficient drain, privy and vault, or either of them, it shall give notice in writing to the owner or his agent requiring that a suitable drain, privy and vault, or either of them, be constructed within such time as it shall appoint, provided that notice to nonresidents or unknown owners may be given by advertising in some public newspaper published in the City. In case such requisition is not complied with, the Board shall cause such drain, privy and vault, or either of them, to be constructed, and the expense thereof shall be charged to such owner or agent.
It shall be the duty of the Board of Health to keep an exact account of all costs, outlays and expenses that may be incurred in carrying into effect any of the purposes and provisions set forth or contained in § 171-2 or 171-3 and without delay to report the same to the City Auditor, with the names of the various persons to whom they may be chargeable and the proportion or amount payable from each person. The Auditor shall examine, correct and charge the same in his books and without delay make out bills therefor and place the bills in the hands of the City Treasurer for collection.
When there is a main drain or a common sewer in any street, highway, passageway or alley, every owner of land adjoining such street, highway, passageway or alley shall have a sufficient drain from his house, yard or lot to such sewer and shall cause all wastewater to be conducted through the same to the main drain or common sewer, and no person shall suffer any waste or stagnant water to remain in any cellar or upon any lot or vacant grounds owned or occupied by him.
No person shall remove or carry through any street, alley or public place in the City any house dirt, offal, filth, rubbish, contents of any privy or vault or waste matter of any kind, from any dwelling house or other place, unless the owner or driver of the cart, wagon or other conveyance in which the same is carried shall be licensed for such purpose by the Board of Health.
No person shall place in any drinking fountain, trough or basin of water set up or established in any public street, square or place in the City, for the use of man or beast, any dirt, stone, ashes, rubbish, offal or filth of any kind, and no person shall bathe or wash any clothing or other articles or substances in any such fountain, trough or basin of water.
Definition. "Litter" is nonputrescible and putrescible wastes consisting of combustible and noncombustible wastes such as garbage, paper, wrappings, bottles, glass, cardboard, tin cans and similar materials.
Throwing or depositing litter.
No person shall throw or deposit litter in or upon any and all streets, sidewalks, alleys, parks or other public places within the City, except in proper receptacles and in such a manner as to prevent it from being carried or deposited by the elements upon any part of the streets, sidewalks, alleys, parks or other public places or upon private property. Merchants must put all sweepings into suitable garbage receptacles for pickup by a private carter. Residential units must put sweepings into suitable garbage receptacles for pickup. City of Lowell trash receptacles may not be used for this purpose. (Note: When using a "blower," grass, leaves, litter, etc., must be blown into a pile and properly disposed of with other sweepings.) No mat, carpet, or cloth may be shaken or beaten so that litter or dust is created. Precautions must be taken to prevent the scattering of ashes, sand, hair, or similar substances likely to be strewn about by the wind.
No person shall, while a driver or passenger in a vehicle, throw or deposit litter upon any street or other public place, or upon private property.
The owner, tenant in possession and/or control and/or lessee, hereinafter referred to as "owner," of any lot, place or area abutting a public way shall be responsible for cleaning the litter from the public way in front of said premises to a distance of four feet from the curbing, if there is a curb (i.e., four feet onto the street), and five feet from the property line if there is no such curb.
Professional sweepers shall be forbidden to work on private property between 8:00 p.m. and 8:00 a.m.
No person shall cast any vegetable or dead animal substance into any street, lane, passageway, cesspool or sewer, nor into any of the wells, cisterns, reservoirs, ponds, canals or waters within the City, nor cause any animal to be drowned in such waters, nor shall any person place, sweep or deposit any dirt, sawdust, soot, ashes, cinders, shreds, shavings, hair, manure, oyster or lobster shells or any rubbish, offal or filth of any kind in or upon any public highway, street, sewer, sidewalk, court, passageway or public place without a written license from the Board of Health. Violations of this section shall be punishable by a fine of $200 for each offense.
No person shall bring into the City for sale, nor offer for sale, any diseased, unwholesome, stale or putrid meat, fish or other article or provision, nor any fish, except fresh salmon and shad, and except smelts and other small fish, that shall not first have been cleansed of their entrails and refuse parts.
No fowl, swine or goats shall be kept within the City without a license from the Board of Health, and only in such place and manner as it may direct, nor shall any person slaughter swine in the public streets of the City.
No owner, tenant in possession and/or control, or lessee, hereinafter referred to as "owner," of any lot shall permit on such lot, place or area, or upon any sidewalk abutting the same, any weeds or deleterious, unhealthful growths or other noxious matter that may be growing, lying or located thereon. Violations of this subsection shall be punishable by a fine of $50 for each offense.
Notice to destroy. The Board of Health, or its authorized agent, is hereby authorized and empowered to notify, in writing, the owner of any lot, place or area within the City to cut, destroy and/or remove any such weeds or deleterious, unhealthful growths, or other noxious matter, found growing, lying or located on such owner's property or upon the sidewalk abutting the same. Such notice shall be by registered mail addressed to the owner at his last known address.
Action upon noncompliance. Upon the failure or neglect or refusal of any owner so notified as provided in Subsection B to cut, destroy and/or remove weeds or deleterious, unhealthful growths, or other noxious matter, growing, lying or located upon such lot, place, or area or upon the sidewalk abutting the same, the Board of Health or its authorized agent may cause such growths or matter to be destroyed, cut and/or removed and may obtain the assistance of any other appropriate municipal departments for this purpose which may enter upon any public or private land, if such entry is necessary for this purpose. Upon completion of such cutting, destruction or removal of such matter or growth, the Board of Health or its authorized agent shall certify in writing to the owner of the property the amount of the cost of such work, and if this is not paid to the City within 90 days thereafter the same may be recovered by suit brought by the City.
Definition. “Dumpster” shall mean any container, receptacle, compactor, unit, trailer, roll-off, temporary plastic or woven bag capable of holding 500 gallons or more, donation box, or other similar unit with or without wheels that is used for the temporary storage, containment, or transport of refuse, garbage, donated material for charity or other reuse, or other discarded materials of household or commercial trash, and shall not mean dumpsters used for construction debris, which are regulated under Chapter 115 of this Code, ordinary household trash receptacles of a volume less than 100 gallons, or trash compactor trucks operated by a company duly licensed in the City of Lowell.
Permit required; term. A property owner shall be required to apply for a permit from Development Services for each dumpster in use upon his property in the form and manner prescribed by the Board of Health regulations. All permits shall expire the last day of the month, one year from the date issued, but may be renewed each year on application as herein provided. The name and address of the owner and his/her designee authorized to receive notices under this section shall be kept on file in Development Services. All businesses shall be required to provide to the Board of Health proof of commercial trash disposal and pickup.
Contractor's registration permit and bond.
No contractor shall supply a dumpster service in the City for the purpose of storage, removal or transportation of rubbish, garbage, offal and other materials and substances without first obtaining a registration permit from the Development Services Division. All registration permits shall expire at the end of the calendar year they are issued but may be renewable upon application annually as herein provided. The name, address and telephone number of the owner and his/her designee shall be kept on file in the Development Services Division.
No dumpster contractor shall be issued a registration permit without proof of liability insurance coverage in the amount of $100,000, or a surety bond of $25,000, approved by the City Solicitor.
No dumpster contractor shall provide a dumpster, temporary or annual, in the City without notifying the Development Services Division prior to its placement. Failure to do so may result in the revocation of all outstanding dumpster permits.
Owner's permit. No property owner shall have or maintain a dumpster on public or private property without obtaining the proper authority permits from the Development Services Division and all other necessary City agencies prior to its placement. It is the responsibility of the property owner to ensure that all other licenses and permits required by the City have been obtained. The issuance of a dumpster permit shall under no circumstances be construed as a waiver from any other permit or license required nor any of the requirements, provisions, or regulations as may be applicable.
Owner's temporary permit. Temporary dumpster permits (roll-off or gondola type) will be issued to an individual for a period of time not to exceed 15 days in connection with fairs, carnivals or for other similar temporary needs. Such permit may be renewed for an additional 15 days as the need requires and upon proper application. The individual shall comply with all the provisions of this section which are applicable to the operation of the dumpster.
Enforcement; permit fees. Development Services is hereby designated as the enforcing agency of this section pursuant to its respective powers and duties. Any temporary permit or annual license for a dumpster for household trash required under this section shall be issued by the Board of Health. A fee as provided in Chapter 150, Fees, shall be paid upon application for all dumpster permits and a like fee paid annually for renewal of permit and to cover costs of inspections.
[Amended 12-23-2008; 1-31-2012]
Location, service and maintenance. The location, screening, size, hours of use and emptying, maintenance and deodorization, posting and signage, and other applicable conditions shall be set and subject to the Board of Health regulations, attached hereto as “A” and made a part hereof.
Editor’s Note: Said regulations are on file in the City offices.
Editor’s Note: This ordinance also repealed former Subsections H, Screening; I, Hours for use; protection when not in use; J, Size; K, Obstruction of traffic; L, Maintenance; M, Display of contractor’s name; N, Hours/days for emptying; and O, Deodorization, and provided for the redesignation of former Subsections P through U as Subsections H through M, respectively.
Application of regulation. This section shall apply to all dumpsters used anywhere within the corporate limits of the City.
Modification, suspension or revocation of permits. Permits may be modified, suspended, revoked or recalled by the Board of Health, acting through the Health Director, and after notice and a hearing, for failure of the contractor and/or owner to comply with the provisions of this section.
Contractor's list of accounts. All dumpster contractors shall supply the Development Services Division a list of all their active dumpster service accounts and locations in the City by December 15 of each calendar year and upon specific request of the Division at any time.
Criminal disposition. Upon a criminal complaint, a person who violates a provision of this section shall be, if so found by the court, guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $100.
Noncriminal disposition. Any person who violates any provision of this section may be penalized by a noncriminal disposition as provided for under § 1-6 of this Code and MGL c. 40, § 21D, as amended. This section shall be enforced by the Division of Development Services of the City of Lowell, which shall issue a notice to appear in court. The penalty for each violation shall be:
Regulations. The Development Services Division shall issue regulations pertaining to dumpsters, as needed, regarding location, screening, maintenance, etc., which are not inconsistent with this section.
Waivers and variances. Waivers and/or variances from any provisions of this section, and of any regulations established pursuant to this section, shall, for good cause, be granted by the Board of Health in accordance with its regulations and MGL c. 111, § 31.
The owner of land within the City which has been excavated or in which an excavation has been made shall erect barriers or take other suitable measures to protect the public within five days after such owner has been notified in writing by the chief executive officer of the City and the City Council that in their opinion such excavation constitutes a hazard to public safety.
It is hereby found and declared:
That many City properties, including and especially youth sports fields and public parks, suffer from an excess of deposits of waterfowl feces; and
That contact with waterfowl feces constitutes an annoyance to a person of ordinary sensibility and a health risk to all persons from exposure to bacteria, including salmonella; and
That the unnatural feeding of waterfowl in time, place and manner directly contributes to this problem; and
That the feeding of waterfowl and resulting excesses in feces within the limits of the City is a condition which has existed for some time and the scope and extent of the problem is increasing; and
That the feeding of waterfowl affects the City to a degree which:
Is harmful and detrimental to the public health, comfort, safety, welfare and prosperity of its citizens, including and especially youths participating in organized sports on youth sports fields; and
Materially interferes with the ordinary comfort of life, the reasonable enjoyment of property, including youth recreational sports, and the ordinary conduct and operation of business and industry; and
Causes a nuisance, as an annoyance to a person of ordinary sensibility; and
That wild waterfowl consume sufficient amounts of food by their own activity and create sufficient amounts of feces by their own activity which cannot be eliminated; therefore, it is in the public interest that unlawful feeding be eliminated within the City limits; and
That no one has any right to feeding of waterfowl; and
That effective control and elimination of unlawful feeding of waterfowl is essential to the furtherance of the health and welfare of the City's citizens, and to the conduct of the normal pursuits of life, recreation, commerce and industrial activity; and
Therefore, in accordance with MGL c. 40, § 21D, as a matter of legislative determination and public policy, it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the City and its inhabitants.
Definition. "Feeding" shall mean the placing, exposing, depositing, distributing or scattering of corn, wheat or other grains, bread, salt or any other feed or nutritive substances, in any manner or form, so as to constitute for such birds a lure, attraction or enticement to, on, or over any such areas where such feed items have been placed, exposed, deposited, distributed or scattered.
Feeding waterfowl. No person, except the Director of the Massachusetts Division of Fisheries and Wildlife or his or her agent or designee as authorized pursuant to MGL c. 131, shall feed any waterfowl of the family Anatidae (including but not restricted to ducks, geese and swans) on any public property within the City of Lowell.
Violations of this section shall be punishable by a fine of $10 for each offense.