[HISTORY: Adopted by the Town Meeting of the Town of Hadley 3-2-1914 ATM by Art.
36 as §§ 14, 15, 24 and 31 of the 1914 General Bylaws.
Amendments noted where applicable.]
No person shall place in any drinking fountain or basin of water
set up and established in the street or public ground, for the use
of man or beast, any dirt, stone, ashes, rubbish, offal or filth of
any kind, and no person shall bathe or wash any clothing or other
article or substance in any such trough, fountain or basin of water.
No person shall throw or put any dead carcass, filth, or offensive
matter of any description into any pond or stream within the limits
of said Town.
No person shall fish or bathe in any reservoir or other source
of water supply for the Town, or place or use a boat therein, or throw
dirt, rubbish, filth or offensive matter, or commit a nuisance therein.
No person shall maintain a water closet, vault or privy in an
unwholesome, unclean or improper place or condition.
[Added 2-11-1952 ATM by Art. 20]
No person shall install a septic tank or other means of sewage
disposal without written permission of the Board of Health. Said permission
shall be granted only after inspection and approval by the Sanitarian
of the Board of Health.
[Added 5-3-2018 ATM by
Art. 20]
A.
Authority and purpose. Pursuant to the general powers granted to
cities and towns by Article 89 of the Amendments to the Massachusetts
Constitution, this bylaw is adopted for the prevention of future nuisances
and the removal of existing nuisances within the Town, which nuisances
constitute a hazard of blight, or adversely affect property values.
Any person who allows a nuisance as defined and regulated by this
bylaw to exist on his or its property shall be in violation of this
bylaw.
B.
BLIGHT
BUILDING
DILAPIDATED
(1)
(2)
(3)
(4)
HAZARD
INTERESTED PARTIES
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
OCCUPANT
OWNER
(1)
(2)
(3)
(4)
(5)
RESPONSIBLE PARTY
STRUCTURE
Definitions.
Any condition that seriously impairs the value, condition,
strength, durability, or appearance of real property, or is otherwise
detrimental to property values or neighboring properties, including
real property owned or occupied by an interested party as defined
below.
A structure, whether portable or fixed, with exterior walls
or firewalls and a roof, built, erected or framed, of a combination
of any materials, to form shelter for persons, animals, or property.
See "structure" below.
A condition of decay or partial ruin due to neglect, misuse,
or deterioration. The term includes, but is not limited to:
Property having deteriorated or ineffective waterproofing of
exterior walls, roofs, foundations, or floors, including broken or
inadequately secured windows or doors.
Property having defective weather protection (such as paint,
stain, siding or tarpaulin) for exterior wall covering; deleterious
weathering due to lack of such weather protection or other protective
covering.
Personal property that is broken, rusted, worn, partially or
wholly dismantled or otherwise due to deterioration is unsuitable
for the purpose for which designed.
Property having a paved parking lot or a parking area in a deteriorated
condition causing hazardous conditions to automobiles, bicycles, or
pedestrians. Such conditions may include but are not limited to potholes,
broken pavement, and/or insufficient drainage so as to cause flooding.
A condition likely to expose persons to injury, or property
to damage, loss or destruction.
In connection with the notification requirements of this
bylaw, interested parties are the Building Commissioner; owner(s)
and/or occupants of property which is the subject of a hearing; owners
and/or occupants of property directly opposite the subject property
on any public or private street or way, owners and/or occupants of
property abutting the subject property, and owners and/or occupants
of abutting property, and that is within 300 feet of the property
line of the subject property. Other persons who own or occupy property
and who demonstrate to the satisfaction of the Building Commissioner
that they are affected by the condition of the property or building
that is the subject of proceedings under this bylaw may be regarded
as Interested Parties by the Building Commissioner.
Any substantial interference with the common interest of
the general public in maintaining decent, safe and sanitary structures
that are not dilapidated and neighborhoods, when such interference
results from the hazardous or blighted condition of private property,
land or buildings. The fact that a particular structure or use may
be permitted under the zoning bylaw does not create an exemption from
the application of this bylaw. The term includes but is not limited
to:
Burned structures not otherwise lawfully habitable or usable.
Dilapidated real or personal property, including but not limited
to real or personal property containing graffiti, tagging or similar
markings.
Dilapidated real or personal property, including parking lots
or parking areas.
Dangerous or unsafe structures or personal property.
Overgrown vegetation which may harbor rats and vermin, conceal
pools of stagnant water or other nuisances, or which is otherwise
detrimental to neighboring properties or property values.
Dead, decayed, diseased or hazardous trees.
Personal property that is exposed to the elements without protection
against deterioration, rust or dilapidation.
Vehicles, machinery or mechanical equipment or parts thereof
that are located on soil, grass or other porous surfaces that are
likely to result in the destruction of vegetation or contamination
of soil.
In any Residence District, keeping, storing or allowing to remain
on the premises more than one unregistered motor vehicle, body, chassis,
or other component of a vehicle, without a permit or license from
the Select Board, or unless that same is stored or kept in a garage.
Trash, debris or personal property that has been placed for
collection as rubbish or refuse in violation of Town of Hadley policies
as approved by the Director of Public Works.
A person who occupies real property with the consent of the
owner as a lessee, tenant at will, licensee or otherwise. The singular
use of the term includes the plural when the context so indicates.
Every person who alone or jointly or severally with others:
Has legal title to any building, structure or property to this
bylaw.
Has care, charge, or control of any such building, structure
or property in any capacity, including but not limited to agent, executor,
administrator, trustee or guardian of the estate of the holder of
legal title.
Is a lessee under a written letter agreement.
Has a mortgagee in possession.
Is an agent, trustee or other person appointed by the courts.
The owner or occupant (in the case of real property) of property
that is the subject of proceedings under this bylaw. The singular
use of the term includes the plural when the context so indicates.
A combination of materials, whether wholly or partially level
with, above or below the surface of the ground, whether permanent
or temporary, assembled at a fixed location to give support, shelter
or enclosure such as a building (see above), framework, retaining
wall, stand, platform, bin, fence (having a height at any point of
six feet or greater above grade), parking area sign, flagpole, or
mast for an antenna or the like.
C.
Enforcement.
(1)
This bylaw shall be enforced by the Building Commissioner, the Fire
Chief and/or their designees (collectively, the "Enforcing Authority").
If the Enforcing Authority is informed or has reason to believe that
any provision of this bylaw has been, is being, or is likely to be
violated, the Enforcing Authority shall make or cause to be made an
investigation of the facts, including an investigation of the property
where the violation may exist. If the Enforcing Authority finds any
violation, he/she shall give immediate notice, in writing, to the
owner and to the occupant of the premises to immediately cease such
violation. In making such inspection, the Enforcing Authority shall
have such right of access to premises that may be lawfully exercised
by him/her under the laws and constitution of the Commonwealth or
of the United States.
(2)
If, after such notice and order, such violation is continued, or
if any owner or occupant fails to obey any lawful order of the Enforcing
Authority with respect to any violation of the provisions of the bylaw,
the Enforcing Authority may make complaint to the Superior Court or
any court of competent jurisdiction for any injunction or order restraining
any further use of the premises and the continuation of the violation
and shall take such other action as is necessary to enforce the provisions
of this bylaw.
(3)
In addition to the foregoing remedy, whoever violates any provision
of this bylaw or fails to obey any lawful order issued by the Enforcing
Authority in enforcing this bylaw shall be liable to a fine of not
more than $300 for each violation. Each violation of this bylaw shall
constitute a separate offense.
(4)
The Enforcing Authority may require disclosure to him/her of the
identity of the person bringing a complaint of nuisance. The Enforcing
Authority may require that such complaint be made under oath or subject
to the penalties of perjury. If the Enforcing Authority determines
that a reported condition may warrant immediate action, constitute
a substantial violation of this bylaw, or adversely affect protected
interests of others than the complainant, the Building Commissioner
may commence action under this bylaw without requiring the disclosure
of the identity of the complainant.
(5)
If the Enforcing Authority determines that the condition is subject
to the jurisdiction of the Board of Health or is a violation of the
State Sanitary Code or any health regulation, in addition to enforcing
this bylaw, he/she shall refer the matter to the Board of Health of
the Town or other appropriate state or Town officials for action.
(6)
During the Enforcing Authority's investigation of the matter, he/she
may consult, but is not required to do so, with any interested party
in an attempt to obtain voluntary compliance with this bylaw without
the need to issue a notice of violation.
(7)
The Enforcing Authority shall take any action with regard to a farm
in compliance with MGL c. 111, § 125A.
D.
Notice to complainant. In any matter in which a complaint has been
made by a person other than the Enforcing Authority, the Enforcing
Authority, if requested, shall promptly notify the complainant in
advance of all conferences or proceedings concerning resolution of
the nuisance complaint or of any enforcement action, and the complainant
shall be allowed to be present and to be heard.
E.
Removal of nuisance by Select Board. If the Responsible Party fails
to remedy the nuisance caused by a burnt or dangerous building or
structure, upon notice from the Enforcing Authority to do so, the
Select Board may take appropriate legal action to remedy the violation.
F.
Review by the Town Administrator. Any interested party who has filed
a written complaint of a nuisance with the Enforcing Authority upon
which complaint the Enforcing Authority has determined that the condition
is not a nuisance, or has taken other action that the interested party
claims is inadequate, shall have a right to a review of the matter
by the Town Administrator. At the request of such an interested party,
the Town Administrator shall confer with the Enforcing Authority and
shall recommend appropriate action to the Enforcing Authority and
to the Select Board.
G.
Reports by the Enforcing Authority. The Enforcing Authority shall
file with the Town Administrator each month a report that shall include
all complaints of nuisance made to him/her during the prior month;
all proceedings begun by him under this bylaw; all pending complaints
and all investigations and enforcement actions taken by him/her or
referred to the Board of Health. The report shall state the location
of the premises, a summary of the nature of the complaint, the name
of the responsible party(ies), and the disposition or the status of
the matter.
[Added 5-5-2022 ATM by
Art. 19]
A.
Purpose. The Town seeks to reduce and eliminate the use of single-use
plastic bags, polystyrene and expanded polystyrene (Styrofoam) disposable
food containers, and plastic straws, and to promote the use of reusable
alternatives. This bylaw is enacted to protect the health, safety
and welfare of the inhabitants of the Town by protecting the environment,
advancing solid waste reduction, reducing greenhouse gas emissions,
and protecting waterways.
B.
ASTM
ASTM D6400
ASTM D6868
BIODEGRADABLE PACKAGING
BPI
COMPOSTABLE PACKAGING
COMPOSTABLE STRAW
DISPOSABLE FOOD SERVICE WARE
DISPOSABLE PLASTIC STRAW
EXPANDED POLYSTYRENE (EPS)
MERCHANDISE
NON-PROFIT AND/OR TOWN FACILITY FOOD PROVIDER
POLYETHYLENE
POLYETHYLENE TEREPHTHALATE
POLYPROPYLENE
POLYSTYRENE
PREPARED FOOD
RECYCLABLE
RETAIL ESTABLISHMENT
RETAIL FOOD ESTABLISHMENT
General definitions.
Shall mean a testing standard developed by the American Society
for Testing and Materials.
Shall mean the American Society for Testing and Materials
(ASTM) International "Standard Specification for Labeling of Plastics
Designed to be Aerobically Composted in Municipal or Industrial Facilities."
Shall mean the American Society for Testing and Materials
(ASTM) International "Standard Specification for Labeling of End Items
that Incorporate Plastics and Polymers as Coatings or Additives with
Paper and Other Substrates Designed to be Aerobically Composted in
Municipal or Industrial Facilities."
Shall mean packaging other than plastic or Styrofoam which
composts into beneficial breakdown components.
Shall mean the Biodegradable Products Institute, and associated
certification.
Shall mean packaging that is made of material that conforms
to the current American Society for Testing and Materials International
Standard D6400 and/or D6868 for composability and is certified by
BPI.
Shall mean any straw made of a material, to include but not
limited to paper, bamboo, and hay, that, when composted, decomposes
into nontoxic materials.
Shall mean all food and beverage containers, bowls, plates,
trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives,
film wrap, and other items designed for one-time or nondurable uses
on or in which any food vendor directly places or packages prepared
foods, or uncooked foods, or which are used to consume foods. This
includes, but is not limited to, service ware for takeout foods and
leftover food from partially consumed meals prepared at food establishments.
Shall mean any straw, which is designed for a single use,
and made from fossil-fuel-based polymers, including, but not limited
to: low-density polyethylene, polyethylene terephthalate, polystyrene,
polypropylene, polyvinyl chloride.
Shall mean polystyrene that has been expanded or "blown"
using a gaseous blowing agent into a solid foam and is also known
as "Styrofoam."
Shall mean products of any nature or kind that are sold or
purchased in retail establishments.
Shall mean public and private schools, religious organizations,
Senior Center or other Town facilities, and other nonprofits which
provide or serve food at a site or for takeout.
Shall mean the synthetic plastic polymer used to make shampoo
bottles, milk jugs, cleaning product containers and detergent bottles,
among other products. It is commonly known and referred to as "plastics
No. 2."
Also known as "PET," is a common plastic polymer widely used
to make packaging for foods and beverages, such as soft drinks, juices
and water, among other products. It is commonly known and referred
to as "plastic No. 1."
Also known as "PP," shall refer to a synthetic plastic polymer
used to make food containers, disposable diapers, disposable cutlery
and plastic straws, among other products. It is commonly known and
referred to as "plastic No. 5."
Shall mean a synthetic plastic polymer used to make food
containers, cups, packaging materials, utensils, among other products.
They are meant for single use and do not break down easily. It is
commonly known and referred to as "plastic No. 6."
Shall mean any food or beverage prepared for consumption
on the retail food establishment's premises, using any cooking
or food preparation technique. This does not include any raw, uncooked
meat, or fish unless provided for consumption without further food
preparation.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product. "Recycling"
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
Shall mean all sales outlets, stores, shops or other places
of business, which sell or convey merchandise directly to the end
consumer. This includes, but is not limited to: convenience and grocery
stores, markets, restaurants, pharmacies, liquor stores, take-out
food purveyors, and merchandise retailers.
Shall mean all sales outlets, stores, shops, restaurants,
clubs or other places of business, which sell, serve or convey foods
directly to the end consumer. This definition shall include but is
not limited to any place where food is prepared, mixed, cooked, baked,
smoked, preserved, bottled, packaged, handled, stored, manufactured,
sold or offered to the public; similar places in which food or drink
is prepared for sale or service on the premises orelsewhere (including
takeout); and any other establishment or operation, including in-home
caterers, where food is processed, prepared, stored, or provided for
the public, regardless of whether there is a charge for the food.
C.
CHECKOUT BAG
PRODUCE BAG
RECYCLABLE PAPER BAG
REUSABLE CHECKOUT BAG
STRAW
THIN-FILM SINGLE-USE PLASTIC BAG
TRANSFER
Shopping bag definitions.
Shall mean a carryout bag provided by a retail establishment,
retail food establishment, nonprofit and/or Town facility food provider
to a consumer at the point of sale. Checkout bags shall not include
bags, whether plastic or not, in which loose produce or products are
placed by the consumer to deliver such items to the point of sale
or check-out area of the store.
Shall mean a bag provided by a store in which loose produce
or products are placed by the consumer to deliver such items to the
point of sale or check-out area of the retail establishment.
Shall mean a paper bag that:
Shall mean a bag with handles that is specifically designed
for multiple uses that is either:
Shall mean a thin, hollow tube used to extract liquid from
cups as commonlyunderstood.
Shall mean a bag with a thickness of 4.0 mils or less and
that is intended for single-use transport of purchased products.
Shall mean to give, sell, provide, dispense or otherwise
convey.
D.
General prohibition and regulation.
(1)
No retail establishment, retail food establishment, nonprofit and/or
Town facility food provider shall transfer merchandise to end consumers
in a thin-film single-use plastic bag, and shall only use check-out
bags that are:
(2)
Customers or consumers are encouraged to bring their own reusable
or biodegradable shopping bags to stores.
(3)
Retail establishments, retail food establishments, nonprofit and/or
Town facility food providers shall sell or provide produce bags that
are compostable, and meet ASTM D6400 standards, and/or are BPI certified.
(4)
Any retail establishment or retail food establishment that provides
a recyclable paper bag, may sell such checkout bags. All proceeds
from the sale of such checkout bags shall be retained by the retail
establishment or retail food establishment. Any charge for a checkout
bag shall be separately stated on a receipt provided to the consumer
at the time of sale, and shall be identified as the "Paper Checkout
Bag Charge" thereon.
(5)
No retail establishment, or retail food establishment, nonprofit
and/or Town facility food provider shall transfer prepared food to
consumers in polystyrene or expanded polystyrene disposable food service
ware. Disposable food service ware transferred to any consumer must
be recyclable (#1, 2 or 5 plastic) or made of compostable materials
that meet the criteria for ASTM D6400 and/or ASTM D6868, and are BPI
certified.
(6)
Retail establishments, retail food establishments, nonprofit and/or
Town facility food providers shall sell or distribute compostable
straws, or compostable reusable straws, which are labeled compostable.
Upon request of a plastic straw, retail and food establishments, and
nonprofit and/or Town facility food providers may sell or distribute
polypropylene straws.
(7)
Nothing in this bylaw prohibits consumers from using their own personal
straws made of any material in any establishment or provider.
E.
Exemptions. This bylaw shall not apply to the following items:
(1)
Flexible transparent covering (commonly referred to as "plastic wrap").
(2)
Thin-film plastic bags used to contain dry cleaning or newspapers.
Produce bags are not exempt.
(3)
Packaging utilized for prescription drugs.
(4)
Foods or merchandise prepared or packaged outside the Town of Hadley
for transfer to consumers in the Town of Hadley.
(5)
Aluminum containers used for the purpose of catering or packaging
of food for serving to more than one individual.
F.
Penalties and enforcement.
(1)
Penalty for violation. Any person, firm or corporation who violates
or refuses to comply with any applicable provision of this bylaw shall
be fined a sum not to exceed $300 for each such violation. This bylaw
may be enforced by the Town Administrator or his/her designee by the
noncriminal disposition method under MGL c. 40, § 21D, in
which case the penalties shall be as follows: first violation - warning,
second violation - $200, third and subsequent violations - $300. Each
day that any violation is permitted to exist after written notification
thereof by the Town Administrator or his/her designee shall constitute
a separate offense. The Town shall be the beneficiary of all fines
and penalties paid, including the costs of prosecuting any legal action
if allowable by law.
G.
Date of effect. This bylaw shall take effect on January 1, 2023.
H.
Hardship deferments.
(1)
Upon written application to the Board of Health, after a public hearing,
the Board of Health may defer application of any section of this bylaw
up to one year after the effective date of this bylaw upon a showing
of hardship. Hardship may be found when:
(2)
A hardship deferment may be extended upon written application to
the Board of Health at least two months prior to the expiration of
the prior hardship deferment period, and upon a showing that the circumstances
justifying the hardship deferment continue to exist. Hardship deferment
extensions may only be granted for intervals not to exceed one year.
(3)
A hardship deferment application shall include all information necessary
for the Board of Health to make a decision on the hardship deferment,
including, but not limited to, documentation showing the factual support
for the claimed deferment. The Board of Health may require the applicant
to provide additional information to permit it to determine facts
regarding the deferment application.
(4)
The Board of Health may approve the hardship deferment application,
in whole or in part, with or without conditions that it deems necessary
to protect the environment and public health, and further the interests
of this bylaw.
(5)
Deferment decisions are effective immediately and final.
I.
Severability. Any word, term, or section deemed illegal for any reason
may be severed from this bylaw without affecting viability of the
whole.
