The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Planning Board of the City.
Soil, loam, sand, gravel and stone.
The purpose of this article is to protect the health, safety
and welfare of the public by regulating the removal of earth so as
not to create dust, noise, washouts, ponds and other hazardous land
conditions.
[Amended 7-15-2008 by Ord. No. 2008-40]
Any person willfully violating, disobeying or refusing to comply
with any of the provisions of this article shall be prosecuted under
the terms of MGL c. 40, § 21, c1. 17, and shall be subject
to a fine of not more than $50 for the first offense, not more than
$100 for the second offense, and not more than $200 for any subsequent
offense. Each day during any portion of which such violation is allowed
to continue shall be considered a separate offense. The Board may
revoke or suspend the permit of any person holding a permit under
this article if such person violates, disobeys or fails to comply
with any of its provisions. The Inspectional Services Division is
charged with the duty of enforcing the provisions of this article.
The Board may require suitable bond or other security adequate
to ensure compliance with any of the provisions of this article.
This article shall not be construed to apply to any such removal
incidental to the construction or alteration of any structure for
which a building permit has been issued, or to removal incidental
to the installation of any cesspool or septic tank for which a permit
has been issued by the Board of Health, or to the grading or development
of any approved subdivision or public way.
