Massachusetts General Laws
Chapter 252 - Improvement of Low Land and Swamps
Section 5b - Mosquito Breeding Areas; Designation as Public Nuisance; Control Programs

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.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title IV - Certain Writs and Proceedings in Special Cases

Chapter 252 - Improvement of Low Land and Swamps

Section 1 - General Provisions

Section 2 - State Reclamation and Mosquito Control Board

Section 3 - Board; Investigations; Reports

Section 4 - Board; Power to Employ Engineers, etc.; Expenses

Section 4a - Proceedings Under Secs. 1 to 14c; Parties; Petition; Notice

Section 5 - Petition to the Board; Investigation; Appointment and Compensation of District Commissioners

Section 5a - Improvements; Undertaking Without Forming District; Commissioners; Powers; Mosquito Control

Section 5b - Mosquito Breeding Areas; Designation as Public Nuisance; Control Programs

Section 6 - Reclamation District; Formation

Section 6a - Reclamation District; Liability Insurance

Section 7 - Surveys and Investigations; Expense of Improvements; Hearings; Recording of Improvements

Section 8 - Expenses; Contribution by State

Section 9 - Meeting; Choosing Method of Financing; Bonds

Section 10 - Financing; Power of District to Adopt Alternative Methods

Section 11 - Assessments; Collections

Section 12 - Commissioners; Powers and Duties

Section 13 - Erection of Temporary Dams; Aggrieved Parties; Notice; Appeal

Section 14 - Expenses; Submission to the Board; Approval; Payment

Section 14a - Reclamation Districts; Further Improvements; Procedure

Section 14b - Additional Water Power or Supply; Prescriptive Rights; Necessity of Vote Before Development

Section 14c - Injury to Improvements; Penalty; Damages

Section 14d - Personnel Decisions by Mosquito Control Projects and Mosquito Control Districts

Section 15 - General Provisions

Section 16 - Petition; Security

Section 17 - Notice

Section 18 - Laying Out; Taking; Damages

Section 19 - Benefits; Duty of Commissioner to Assess

Section 20 - Repairs

Section 21 - Petition to Mayor and Aldermen or Selectmen

Section 22 - Fees

Section 23 - Appeal

Section 24 - Establishment; Proceedings