[HISTORY: Adopted by the Town Meeting of
the Town of Harwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-5-2009 STM by Art. 1]
Whoever shall breach or violate any provision
of the General Bylaws, the Zoning Bylaw, 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 Harwich, 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.
A.
Whoever violates any provision of these bylaws, the
violation of which is subject to a specific penalty, may, in the discretion
of the enforcing person, be penalized in a noncriminal proceeding
as provided by MGL c. 40, § 21D. The noncriminal method
of disposition may also be used by the enforcing person for violations
of any rule or regulation adopted by any municipal officer, board,
department or commissioner which violation is subject to a specific
penalty.
B.
Any enforcing person taking cognizance of a violation
of a specific ordinance, bylaw, rule or regulation which he or she
is empowered to enforce, as an alternative to initiating criminal
proceedings, may give to the offender a written notice to appear before
the Clerk of the District Court having jurisdiction thereof, at any
time during office hours, not later than 21 days after the date of
such notice. Said notice shall comply with and be processed in accordance
with the provisions of MGL c. 40, § 21D.
C.
For the purpose of this section, the term "enforcing
person" shall include officers of the Town of Harwich having police
powers and any other officer, board or commission who or which under
applicable provisions of law or regulations is given powers of enforcement
over such bylaws, rules and regulations as come within his or its
jurisdiction.
|
[At the Special Town Meeting held on May 5,
2009, under Articles 1 and 2, it was voted to accept the codification
of the General Bylaws and Zoning Bylaw of the Town of Harwich as set
forth in Part I and Part II of this Code.]
|
|
Article 1: To see if the Town shall accept the renumbering and
reorganization of the various bylaws of the Town from their original
numbering or their numbering in the General Bylaws, as amended through
May 2006, to the numbering or codification, arrangement, sequence
and captions and the comprehensive reorganization to the text of the
General Bylaws as set forth in the Final Draft of the code of the
Town of Harwich, dated January 2009 said codification having been
done under the direction of the Board of Selectmen and Town Attorney,
and said Code being a compilation and comprehensive reorganization
of the present bylaws of the Town. All bylaws of a general and permanent
nature, as amended, heretofore in force and not included in the Code
shall be repealed, except any such repeal shall not affect any suit
or proceeding pending as the result of an existing law, except that
such repeal shall not apply to or affect any bylaw, order or article
heretofore adopted accepting or adopting the provisions of any statute
of the Commonwealth. These bylaws shall be referred to as the "Code
of the Town of Harwich, Massachusetts" and on file with the Town Clerk.
Motion: That this article be accepted and adopted, and further
that limited substantive amendments to the General Bylaws be adopted
as set forth in the document entitled "Town of Harwich Changes to
General Bylaws" and as reflected in the Final Draft of the code of
the Town of Harwich, dated January 2009, as on file with the Town
Clerk. Unanimous vote. Approved by Attorney General August 31, 2009.
|
|
Article 2: To see if the Town shall accept the renumbering and reorganization/revision of the Zoning Bylaws of the Town from its original numbering, as amended through May 16, 2006, to the numbering or codification, arrangement, sequence and captions and the comprehensive reorganization/revisions to the text of the Zoning Bylaws as set forth in the Final Draft of the Code of the Town of Harwich, dated May 2006 (sic), said codification of the Zoning Bylaws having been done under the direction of the Planning Board, and being a compilation and comprehensive reorganization/revision of the present Zoning Bylaws, including amendments thereto. All Zoning Bylaws, as amended, heretofore in force and not included in the Code shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law. The Zoning Bylaws shall be codified as Part II Chapter 325 of the "Code of the Town of Harwich, Massachusetts" and on file with the Town Clerk.
|
|
Motion: That this article be accepted and adopted, and further
that limited substantive amendments to the Zoning Bylaws be adopted
as set forth in the document entitled "Town of Harwich Changes to
Zoning Bylaws" and as reflected in the Final Draft of the code of
the Town of Harwich, dated January 2009, as on file with the Town
Clerk. Unanimous vote. Approved by Attorney General October 1, 2009.
|
