Mass. Gen. Laws ch. 252, sec. 5B — MA Code / Part III / Title IV / Chapter 252 / Section 5B
Mosquito breeding areas; designation as public nuisance; control programs
Status: in_force

Section 5B. The board of health of a city or town not included in an area designated by an identifying name for the purpose of section five A, or the commissioners appointed to make improvements on behalf of a mosquito control district under such a name, as provided in said section, may determine any area infested by mosquitoes, or likely to produce mosquitoes within the limits of any such city or town or of such district, to be a public nuisance, and may serve upon the owner, occupant or person in charge of such area, written notice of the presence of such nuisance with a statement that such mosquitoes cause a public nuisance, together with directions to abate the same, giving the methods of treatment for the abatement thereof, and stating a time within which the nuisance shall be abated in accordance with the methods given therein. If the person so notified refuses or neglects to abate such nuisance the board of health or the commissioners, as the case may be, may abate such nuisance in such manner as may be approved by the board, and may maintain such works as may be necessary to prevent its recurrence, and said boards of health or commission may employ all necessary assistants for this purpose, who may enter upon public or private property, if such entry is necessary for this purpose. The board of health may delegate its authority to another agency; provided, however, that said board shall notify the state reclamation board of such delegation; and, provided further, that said agency shall annually file a detailed report of its mosquito control program with said reclamation board.

Section 5B. The board of health of a city or town not included in an area designated by an identifying name for the purpose of section five A, or the commissioners appointed to make improvements on behalf of a mosquito control district under such a name, as provided in said section, may determine any area infested by mosquitoes, or likely to produce mosquitoes within the limits of any such city or town or of such district, to be a public nuisance, and may serve upon the owner, occupant or person in charge of such area, written notice of the presence of such nuisance with a statement that such mosquitoes cause a public nuisance, together with directions to abate the same, giving the methods of treatment for the abatement thereof, and stating a time within which the nuisance shall be abated in accordance with the methods given therein. If the person so notified refuses or neglects to abate such nuisance the board of health or the commissioners, as the case may be, may abate such nuisance in such manner as may be approved by the board, and may maintain such works as may be necessary to prevent its recurrence, and said boards of health or commission may employ all necessary assistants for this purpose, who may enter upon public or private property, if such entry is necessary for this purpose.

The board of health may delegate its authority to another agency; provided, however, that said board shall notify the state reclamation board of such delegation; and, provided further, that said agency shall annually file a detailed report of its mosquito control program with said reclamation board.