[HISTORY: Adopted by the Town Meeting of the Town of Whately as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-24-2001 ATM by Art. 29]
Any bylaw, rule or regulation of the Board of Health of the Town of Whately, the violation of which is subject to a specific penalty, may in the discretion of the Town official who is the appropriate enforcing person be enforced in the method provided in MGL c. 40, § 21D. The noncriminal fine for each such violation, if not otherwise specified, shall be $50 for the first offense and $100 for the second offense. "Enforcing person," as used in this bylaw, shall mean any member of the Town of Whately Board of Health, its Health Agent or other Board of Health designee. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following bylaws, rules and regulations are to be included within the scope of this article and the specific penalties as listed here shall apply in such cases. Each day on which any violation exists shall be deemed to be a separate offense.
A. 
Regulations for refuse and recycling collection:
[Amended 11-12-2024 STM by Art. 8]
(1) 
First offense: warning.
(2) 
Second offense: $100.
(3) 
Third and subsequent offenses: $250.
B. 
Regulation restricting the sale of tobacco products and nicotine delivery products:
[Amended 11-12-2024 STM by Art. 8]
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third offense: $300.
C. 
Regulation Prohibiting Smoking in Workplaces and Public Places:
[Amended 11-12-2024 STM by Art. 8]
(1) 
First offense: $50.
(2) 
Second offense: $200.
(3) 
Third offense: $300.
D. 
Minimum sanitation standards for food establishments:
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third offense: $300.
E. 
Mandatory recycling regulations:
(1) 
First offense: $25.
(2) 
Second offense: $100.
(3) 
Third offense: $300.
F. 
Well regulations.
[Added 5-9-2013 ATM by Art. 24]
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third offense: $300.
[Adopted 4-28-2015 ATM by Art. 22]
Whoever violates any provision of this Code, the violation of which is subject to a specific penalty, may be penalized by a noncriminal penalty in the method provided in MGL c. 40, § 21D. The noncriminal method of enforcement may also be used for violations of any rule or regulation of any municipal officer, board, or department which is subject to a specific penalty.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following bylaws, rules and regulations are to be included within the scope of this article and the specific penalties as listed here shall apply in such cases and that in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this article, the municipal personnel listed for each section, if any, shall also be enforcing persons for such section. Each day on which any violation exists shall be deemed to be a separate offense.
A. 
Chapter 65 of the Code of the Town of Whately related to animal control, with the exception of § 65-3 with regard to licensing (any member of the Selectboard and the Animal Control Officer):
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third and subsequent offenses: $200.