PART
TITLE
XVI. PUBLIC HEALTH
CHAPTER
111. PUBLIC HEALTH
NUISANCES
Chapter 111:
Section 125A. Review of order adjudging the operation of a farm to be a
nuisance
Section 125A. If, in the opinion of the board of
health, a farm or the operation thereof constitutes a nuisance, any action
taken by said board to abate or cause to be abated said nuisance under sections
one hundred and twenty-two, one hundred and twenty-three and one hundred and
twenty-five shall, notwithstanding any provisions thereof to the contrary, be
subject to the provisions of this section; provided, however, that the odor
from the normal maintenance of livestock or the spreading of manure upon agricultural
and horticultural or farming lands, or noise from livestock or farm equipment
used in normal, generally acceptable farming procedures or from plowing or
cultivation operations upon agricultural and horticultural or farming lands
shall not be deemed to constitute a nuisance.
In the case of any such nuisance a written notice of an order to abate the
same within ten days after receipt of such notice shall first be given as
provided in section one hundred and twenty-four. If no petition for review is filed
as herein provided, or upon final order of the court, said board may then
proceed as provided in said sections one hundred and twenty-two, one hundred
and twenty-three and one hundred and twenty-five, or in the order of the court.
If the owner or operator of said farm within said ten days shall file a
petition for a review of such order in the district court for the district in
which the farm lies, the operation of said order shall
be suspended, pending the order of the court. Upon the filing of such petition
the court shall give notice thereof to said board, shall hear all pertinent
evidence and determine the facts, and upon the facts as so determined review
said order and affirm, annul, alter or modify the same as justice may require.
The parties shall have the same rights of appeal on questions of law as in
other civil cases in the district courts.