Chap. 0389 An Act to abate the smoke nuisance in the city of boston.

Be it enacted, etc., as follows:

Section 1. In the city of Boston the emission into the open air of dark smoke or thick gray smoke for more than live minutes continuously, or the emission of such smoke during more than twenty-live per cent, of any continuous period of twelve hours, is hereby declared a nuisance.
Section 2. Whoever commits such nuisance, or suffers the same to be committed upon any premises owned or occupied by him, or in any way participates in committing the same, shall be punished by a line of not less than ten nor more than one hundred dollars for each week during any part of which such nuisance exists.
Section 3. The mayor of said city shall, within one month from the passage of this act, designate some proper person from among the officers of said city, who shall be charged with its enforcement. Such designation shall thereafter be made in January of each year, but shall be subject to change at any time.
Section 4. The officer so designated may apply to the supreme judicial or superior court, or any justice thereof, for an injunction to restrain the further operation of any steam boiler or boilers which are being operated in such a manner as to create a nuisance under the provisions of this act. And said court or justice may, after hearing the parties, enjoin the further operation of any such boiler or boilers, and may also, if deemed just and necessary, annul any license or permit which may have been granted for the maintenance or operation of the same.
Section 5. Chapter three hundred and fifty-three of the acts of the year eighteen hundred and ninety-three is
hereby repealed; but this act shall not afleet any act done or prosecution pending at the time when it takes ell'ect.
Section <>. This act shall take ell'ect on the tirst day of July in the year eighteen hundred and ninety-live.
Approved May 17, 1805.