[Adopted 5-3-2001 ATM by Art. 10]
This bylaw is adopted in order to ensure and protect the public
safety, health and welfare by preventing undesired water and/or ice
from accumulating on roads, ways (public or private) and public or
private property in the Town.
For purposes of this bylaw, "drainage ditch" means any ditch,
waterway, culvert, swale or other excavation in the ground intended
to channel seasonal or perennial flow of water pursuant to an easement,
temporary easement, or right of entry permit held by the Town or the
commonwealth.
It shall be a drainage ditch obstruction to throw waste, yard
clippings, or any debris into a drainage ditch or to obstruct a drainage
ditch in any manner as to impede the natural flow of water or to cause
water to back up onto the property of another, including public property.
Prior to imposition of the fine set forth in § 218-18 hereof, the enforcement officer shall give a written five-day notice to cure to any person or property owner (the "offending person") found to be causing or allowing another person to cause a drainage ditch obstruction. If corrective action is not taken by the offending person in response to the five-day notice, the enforcement officer shall send the offending person a two-day notice to cure.
Any offending person who fails to take corrective action in
response to a two-day notice to cure shall be subject to a fine of
$50, with each day that the violation continues to be treated as a
separate offense.
[Amended 11-18-2010 STM by Art. 3]
The violations set forth in this bylaw shall be disposed of
in keeping with the noncriminal disposition procedures set forth in
MGL c. 40, § 21D. For purposes of this bylaw, the enforcement
officer shall be the Highway Superintendent for the Town.
