[Adopted 3-5-1951 (Art.
I of the Bylaw Compilation)]
[Amended 6-17-2020 ATM by Art. 8]
The following provisions shall constitute the General Bylaws
of the Town of Templeton.
The repeal of a bylaw shall not thereby have the effect of reviving
any bylaw theretofore repealed.
Words and phrases specifying or naming any officer, board or
committee of the Town shall be construed as including the lawful successor,
or the person or persons having the powers and performing the duties
of such officers, board or committee.
Whoever violates any of the provisions of these bylaws whereby
any act or thing is enjoined or prohibited shall, unless other provisions
are expressly made, forfeit and pay a fine not exceeding $300 for
each offense.
[Adopted 5-15-2019 ATM by Art. 8 (Art. XXXVII of the Bylaw Compilation)]
This bylaw is intended to comply fully with the provisions of
MGL c. 40, § 21D, and to authorize the noncriminal disposition
of the infraction set forth above pursuant to the civil infraction
procedure set forth in said MGL c. 40, § 21D, the provisions
of which shall be controlling in all instances in any case in which
the enforcement officer elects to proceed with the noncriminal disposition
of an alleged violation of any bylaw, regulation, or rule pursuant
to the authority of this bylaw.
The civil assessment for any violation shall be the amount(s)
set forth in the law, bylaw, order, or regulation being enforced.
Where no such amount is noted in the law, bylaw, order, or regulation
being enforced, the civil assessment for any violation shall be as
follows:
A. Board of
Health.
(1) A violation
of the provisions of the rules and regulations of the Board of Health:
(b) Fine
schedule: as established in the rules and regulations.
(c) Enforcing
agent: Board of Health or designee.
(2) Property maintenance (§
198-5):
(a) Fines
allowed:
[4] Fourth or any subsequent offenses: $200.
(b) Each
occurrence of a violation on any day shall be deemed a separate offense.
(c) Enforcing
agent: Board of Health, Building Inspector, or designee.
(3)
(a) Fines
allowed:
[4] Fourth or any subsequent offenses: $200.
(b) Each
occurrence of a violation on any day shall be deemed a separate offense.
(c) Enforcing
agent: Board of Health, Animal Control Officer, Police Department,
or designee.
(4) Wells (Chapter
272):
[Added 11-20-2019 STM
by Art. 6]
(a) Fine allowed: $100 for each offense.
(b) Every day past 30 days of notice of violation shall be a separate
violation.
(c) Enforcing agent: Board of Health or designee.
B. Select Board.
[Amended 6-17-2020 ATM by Art. 9]
(1) A violation
of the provisions of the Rules and Regulations of the Select Board:
(b) Fine
schedule: as established in rules and regulations.
(c) Enforcing
agent: Select Board or designee.
(2) Removal of sand and gravel (§
145-12):
(a) Fines
allowed:
[3] Third or any subsequent offense: $200.
(b) Enforcing
agent: Select Board or designee.
(3) Dog under control (§
133-6):
(b) Enforcing
agent: Select Board, Animal Control Officer, Police Department, or
designee.
C. Planning
Board.
(1) Recreation tracks (§
206-3):
(a) Fine
allowed: $25 for each day of the offense.
(b) Enforcing
agent: Highway Department or designee.
D. Conservation
Commission.
(1) Violation
of Wetland and River Protection Act.
(a) Fine
schedule:
[1] First offense: $50 per day up to 15 days.
[2] Second offense: $100 per day up to 15 days.
[3] Third offense: $300 per day up to 15 days.
(b) Enforcing
agent: Conservation Commission or designee.
(2) Failure
to comply with order of conditions.
(a) Fine
schedule:
[1] First offense: $50 per day up to 15 days.
[2] Second offense: $100 per day up to 15 days.
[3] Third offense: $300 per day up to 15 days.
(b) Enforcing
agent: Conservation Commission or designee.
(3) Failure
to comply with enforcement order.
(a) Fine
schedule:
[1] First offense: $50 per day up to 15 days.
[2] Second offense: $100 per day up to 15 days.
[3] Third offense: $300 per day up to 15 days.
(b) Enforcing
agent: Conservation Commission or designee.
(4) Stormwater drainage (§
240-6).
(a) Fine
allowed: $50 for each offense.
(b) Enforcing
agent: Conservation Commission.
(5) Trash
and littering.
(a) Fine
schedule:
[1] First offense: $50 per day up to 15 days.
[2] Second offense: $100 per day up to 15 days.
[3] Third offense: $300 per day up to 15 days.
(b) Enforcing
agent: Conservation Commission or designee.
E. Fire Department.
(1) Town
of Templeton Fire Prevention Regulations (527 CMR 1.00 through 50.00
and MGL c. 148).
(a) Fine
allowed:
[5] Fifth or any subsequent offense: $200.
(b) Enforcing
agent: Fire Department or designee.
(2) Stormwater management (§
235-11):
(a) Fines
allowed:
[3] Third or any subsequent offense: $300.
(b) Enforcing
agent: stormwater permit granting authority or designee.
(3) Emergency radio communications (§
124-15):
(a) Fine
allowed: $300 for each offense per day until appropriate compliance
is reached.
(b) Enforcing
agent: Fire Department or designee.
F. Highway Department.
(1) Excavation
of public ways without a permit.
(b) Fine
schedule:
[4] Fourth offense or any subsequent offense: $200.
(c) Enforcing
agent: Highway Department or designee.
(2) Obstruction
of streets and sidewalks.
(b) Fine
schedule:
[3] Third or any subsequent offense: $100.
(c) Enforcing
agent: Highway Department or designee.
(3) Driveway
cuts and drainage without a permit.
(b) Fine
schedule:
[4] Fourth offense or any subsequent offense: $200.
(c) Enforcing
agent: Highway Department or designee.
(4) Failure
to perform or complete work per permit requirements.
(b) Fine
schedule:
[4] Fourth offense or any subsequent offense: $200.
(c) Enforcing
agent: Highway Department or designee.
(5) Snow
plowing and removal.
(b) Fine
schedule:
[3] Third or any subsequent offense: $50.
(c) Enforcing
agent: Highway Department or designee.
(6) Drainage from private property (§
240-6).
(a) Fine
allowed: $50 for each offense.
(b) Enforcing
agent: Highway Department or designee.
(7) Distributing
handbills.
(b) Fine
schedule:
[3] Third or any subsequent offense: $50.
(c) Enforcing
agent: Highway Department or designee.
(8) Trash
and littering.
(b) Fine
schedule:
[3] Third or any subsequent offense: $300.
(c) Enforcing
agent: Highway Department or designee.
Unless otherwise specified in the bylaws, each day during which
a violation continues to occur shall be deemed a separate offense.
|
G. Police Department.
(1) Door-to-door
sales.
(b) Enforcing
agent: Police Department or designee.
(2) Rude,
indecent speech or behavior.
(b) Enforcing
agent: Police Department or designee.
(3) Loitering.
(b) Enforcing
agent: Police Department or designee.
(5) Skateboards
and roller skates.
(b) Enforcing
agent: Police Department or designee.
(6) Public consumption (§
107-1).
(b) Enforcing
agent: Police Department or designee.
(7) Public consumption of marijuana (§
190-1).
(a) Fine
allowed: $300 for each offense.
(b) Enforcing
agent: Police Department or designee.
(8) Unregistered
motor vehicles.
(b) Enforcing
agent: Police Department or designee.
(9) Operation
of motor vehicles on frozen surfaces.
(b) Enforcing
agent: Police Department or designee.
(10) Street numbers (§
124-1).
(a) Fine
allowed: $20 for each offense. Each day shall constitute a separate
offense.
(b) Enforcing
agent: Police Department or designee.
(11)
(a) Fine
allowed:
[2] Second or any subsequent offense: $100.
(b) Enforcing
agent: Board of Light and Water Commissioners, manager of Municipal
Light and Water Plant, or Police Department or designee.
(12) Unauthorized
digging.
(b) Enforcing
agent: Police Department or designee.
(13) Open container of alcohol (§
107-2).
[Added 11-20-2019 STM
by Art. 6]
(a)
Fine allowed: $300 for each offense.
(b)
Enforcing agent: Police Department or designee.
(14) Open container of marijuana (§
190-6).
[Added 11-20-2019 STM
by Art. 6]
(a)
Fine allowed: $300 for each offense.
(b)
Enforcing agent: Police Department or designee.
(15) Jake brakes (Chapter
256, Article
I).
(a) Fine
allowed:
[2] Second or any subsequent offense: $300.
(b) Enforcing
agent: Police Department or designee.