[At the 4-30-1998 ATM by Art. 24, the Town voted to accept
and approve the codification of bylaws of the Town of Wayland, to
be known as the "Code of the Town of Wayland," in the format presented
by General Code Publishers Corp., which is on file in the Office of
the Town Clerk, said codification being a renumbering, recaptioning
and repositioning of the present bylaws, with no substantive changes.]
[Added 4-13-2009 ATM by Art. 21]
The Town Clerk, after consultation with Town Counsel, may make
nonsubstantive editorial revisions to the Town Code to insure consistent
and appropriate sequencing of numbering of sections, subsections,
paragraphs and subparagraphs, provided that all such editorial revisions
shall be referenced by a footnote which describes the revision and
the reason therefore.
[Adopted 3-12-1973 ATM by Art. 14 as Art. 20 of the 1973
Bylaws]
[Amended 4-15-1980 ATM by Art. 11; 11-18-1982 STM by Art. 12]
Whoever shall breach or violate any provision
of these bylaws, the Zoning Bylaws, the Building Code, the Electrical
Code and/or any of the rules and regulations duly adopted by any board,
committee or commission of the Town of Wayland, as the same may have
been amended from time to time, shall be punished by a fine of not
exceeding $300 for each offense or for each day of a continued offense,
in the absence of an express provision of another penalty.
[Added 5-2-1991 ATM by Art. 17]
As an alternative to the foregoing penalty,
violations of the following bylaws and sections thereof, codes, rules
and regulations duly adopted by the Town or any of its boards, committees
or commissions may be enforced in the manner provided in MGL c. 40,
§ 21D. For the purposes of this section, the specific penalty
which is to apply for violations of each such bylaw, code, rule or
regulation shall be as listed below. Each day on which a violation
exists shall be deemed to be a separate offense. The municipal officers
or employees whose titles are listed under each bylaw, code, rule
or regulation shall be deemed to be enforcing officers for each such
provision.
A. Zoning Bylaws.
(1) Penalty:
(a)
Twenty-five dollars for the first offense.
(b)
Fifty dollars for the second offense.
(c)
One hundred dollars for the third offense.
(d)
Three hundred dollars for the fourth and each
subsequent offense.
(2) Enforcing persons: Building Commissioner/Zoning Enforcement
Officer and his/her assistants.
[Amended 4-28-1997 STM by Art. 2]
B. Rules and regulations of the Board of Health.
(1) Penalty: fifty dollars for each violation.
(2) Enforcing person: Director of Public Health.
C. Failure to license dog(s) by March 31.
[Added 11-14-1991 STM by Art. 10]
(1) Penalty: fifty dollars per dog for each violation.
(2) Enforcing person: Dog Control Officer.
D. Rules and regulations of the Chief of the Wayland
Fire Department.
[Added 5-1-1995 ATM by Art. 15]
(1) Penalty:
(a)
Twenty-five dollars for the first offense.
(b)
Fifty dollars for the second offense and for
each subsequent offense.
(2) Enforcing persons: Fire Chief and his designees.
E. Rules and regulations of the Board of Health for restrictions
on the use, sale, vending and distribution of tobacco.
[Added 5-5-1997 ATM by Art. 21]
(1) Penalty:
(a)
Smoking in prohibited area in any 12-month period:
[1]
Twenty-five dollars for the first offense.
[2]
Fifty dollars for the second offense.
[3]
One hundred dollars for the third or subsequent
offense.
(b)
Failure to comply by owner: $200 for the first
offense and each subsequent day a violation occurs.
(c)
Tobacco for sale without permit: $50 per day.
(d)
Sales to minors: $300 for each offense.
[Amended 4-13-2009 ATM by Art. 32]
(e)
Failure to post notices: $50 per day.
(f)
Failure to comply with Section 10 in any 12-month
period.
[1]
One hundred dollars for the first offense.
[2]
Two hundred dollars for the second offense.
[3]
Three hundred dollars for any third or subsequent
offense.
(2) Enforcing persons: Board of Health, its staff or other
officials designated by the Board of Health as its agent(s).
F. Chapter
163 of the Code of the Town of Wayland, Swimming Pools.
[Added 4-30-2001 ATM by Art. 40]
(2) Enforcing person: Building Commissioner and his/her
assistants.
G. Rules and regulations of the Board of Health for body
art establishments and practitioners.
[Added 4-29-2002 STM by Art. 4]
(1) Failure to comply with the regulations by practitioner
and/or owner of establishment: $150 per violation per day.
(2) Practioner practicing without a license: $300 per
day.
[Added 4-3-2003 ATM by Art. 28]
(3) Enforcing person: Board of Health, its staff or other
officials designated by the Board of Health as its agent(s).
H. Chapter
194 of the Code of the Town of Wayland - Wetlands and Water Resource Protection.
[Added 4-29-2002 STM by Art. 7]
(2) Enforcing persons: Town police officer, other officers
having police powers, and agents of the Conservation Commission.
I. Chapter
191 of the Code of the Town of Wayland - Lawn Irrigation Systems.
[Added 4-3-2003 ATM by Art. 24]
(1) Penalty:
(a)
A fine of $250 per day for the first offense.
(b)
Termination of water services for a subsequent
offense.
(2) Enforcing persons: the Director of Public Works or
other person(s) designated in writing by the Director of Public Works.
[Amended 5-13-2010 ATM by Art. 18]
J. Chapter
193 of the Code of the Town of Wayland – Stormwater and Land Disturbance.
[Added 4-10-2008 ATM by Art. 26]
(2) Enforcing persons: Town police officer, other officers
having police powers, and agents of the Conservation Commission.
K. Violation
of rules and regulations of the Conservation Commission relative to
the use of lands under the care, management, and control of the Conservation
Commission.
[Added 11-12-2008 STM by Art. 17; amended 4-13-2009 ATM by Art. 20]
(2) Enforcing
persons: Town police officrs, other officers having police powers,
and agents of the Conservation Commission.
L. Rules and
Regulations of the Board of Health or the Board of Public Works for
the illegal or improper dumping of solid waste at the Town Landfill-Transfer
Station
[Added 4-13-2009 ATM by Art. 33]
(1) Penalty:
(a) Fifty dollars for the first offense.
(b) One hundred dollars for the second offense.
(c) Two hundred dollars and revocation of Transfer Station privilege
for any third or subsequent offense.
(2) Enforcing
persons: Board of Health, its staff or other officials designated
by the Board of Health as its agent(s) or the Board of Public Works,
the Director of Public Works or his designee(s).
M. Violation of the Plastic Bag Reduction Bylaw.
[Adopted 4-2-2017 ATM
by Art. 24]
(1) Penalty:
(b)
Second offense — $50 per day;
(c)
Third and each subsequent offense — $100 per day.
(2) Enforcing persons: Select Board or its designee.
N. Violation of the Polystyrene Food Container Bylaw.
[Added 4-2-2017 ATM by
Art. 24]
(1) Penalty:
(b)
Second offense — $50 per day;
(c)
Third and each subsequent offense — $100 per day.