[HISTORY: Adopted by the Town Meeting of the Town of Templeton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1951 (Art. I of the Bylaw Compilation)]
[Amended 6-17-2020 ATM by Art. 8[1]]
The following provisions shall constitute the General Bylaws of the Town of Templeton.
[1]
Editor's Note: A comprehensive amendment of the Town bylaws was adopted 5-15-2019 ATM by Art. 15 in order to improve consistency of language and style throughout, and to bring the Bylaws into conformance with current practices and with the General Laws of the commonwealth. A complete copy of Art. 15, and the document referenced therein showing the changes made during the course of the project, is on file in the Town offices.
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[1] (Art. XXXVII of the Bylaw Compilation)]
[1]
Editor's Note: This enactment also repealed former Art. XXXVII of the General Bylaws, adopted 6-22-1994.
A. 
Any person taking cognizance of a violation of a specific Town bylaw, rule, or regulation which said person is empowered to enforce, hereinafter referred to as the "enforcing person," as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof at any time during office hours, not later than 21 days after the date of such notice. Such notice shall be in triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for the offender’s required appearance. Such notice shall be signed by the enforcing persons, and shall be signed by the offender whenever practicable in acknowledgement that such notice has been received.
B. 
The enforcement officer shall proceed to give notice as necessary as provided in MGL c. 40, § 21D, and the appropriate department head shall thereupon deliver a copy thereof to the clerk of the court before which the offender has been notified to appear.
C. 
Any person notified to appear before the Clerk of the District Court may so appear and confess the offense charged, either personally or through a duly authorized agent or by mailing to the Town Clerk such specific sum of money not exceeding $300 as provided in the bylaw, rule, or regulation which has been violated. Such payment shall, if mailed, be made only by postal note, money order, or check. Upon receipt of such payment, the Town Clerk, the District Court shall be notified of payment, which shall thereupon operate as a final disposition of the case. An appearance under this provision shall not be deemed to be a criminal proceeding.
D. 
If any person so notified to appear desires to contest the violation rather than confess it, such person may request in writing a hearing in said District Court. Such hearing shall then be assigned and held before a judge, clerk, or assistant clerk, as the court shall direct. If the clerk or other judicial officer finds that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the case by paying a specific sum of money fixed as a penalty as aforesaid, or such lesser amount as the judge, clerk, or assistant clerk shall order, which payment shall operate as a final disposition of the case.
E. 
If the case is not disposed of pursuant to the above, then the enforcing person who issued the original notice shall determine whether to apply for the issuance of a complaint in the applicable District Court, and the matter shall proceed in accordance with the rules of the District Court for criminal business.
F. 
The noncriminal disposition of any one or more of the following violations is hereby authorized:
(1) 
Any violation of an order of the Town’s Board of Health relating to public health which is authorized by the General Laws, any special law applicable to the Town, the provisions of the State Sanitary Code, or other state regulation, or any Town bylaw, rule, or regulation.
(2) 
Any violation of an order of a Town building official relating to public safety which is authorized by the General Laws, any special law applicable to the Town, the provision of the State Building Code, or other state regulation, or any Town bylaw, rule, or regulation.
(3) 
Any violation of an order of a Town fire official relating to public safety which is authorized by the General Laws, any special law applicable to the Town, the provisions of the State Fire Prevention Code or any other state regulation, or any Town bylaw, rule, or regulation.
(4) 
Any violation of any other Town bylaw, or any rule or regulation of any Town officer, board, or department.
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:
(a) 
Fine allowed: $300.
(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:
[1] 
First offense: $25.
[2] 
Second offense: $50.
[3] 
Third offense: $100.
[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) 
Animal waste (§ 133-11):
(a) 
Fines allowed:
[1] 
First offense: $25.
[2] 
Second offense: $50.
[3] 
Third offense: $100.
[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:
(a) 
Fine allowed: $300.
(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:
[1] 
First offense: $50.
[2] 
Second offense: $100.
[3] 
Third or any subsequent offense: $200.
(b) 
Enforcing agent: Select Board or designee.
(3) 
Dog under control (§ 133-6):
(a) 
Fines allowed:
[1] 
First offense: $100.
[2] 
Second offense: $150.
[3] 
Third offense: $300.
(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:
[1] 
First offense: warning.
[2] 
Second offense: $50.
[3] 
Third offense: $100.
[4] 
Fourth offense: $200.
[5] 
Fifth or any subsequent offense: $200.
(b) 
Enforcing agent: Fire Department or designee.
(2) 
Stormwater management (§ 235-11):
(a) 
Fines allowed:
[1] 
First offense: $100.
[2] 
Second offense: $200.
[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.
(a) 
Fine allowed: $200.
(b) 
Fine schedule:
[1] 
First offense: $50.
[2] 
Second offense: $100.
[3] 
Third offense: $150.
[4] 
Fourth offense or any subsequent offense: $200.
(c) 
Enforcing agent: Highway Department or designee.
(2) 
Obstruction of streets and sidewalks.
(a) 
Fine allowed: $100.
(b) 
Fine schedule:
[1] 
First offense: $50.
[2] 
Second offense: $50.
[3] 
Third or any subsequent offense: $100.
(c) 
Enforcing agent: Highway Department or designee.
(3) 
Driveway cuts and drainage without a permit.
(a) 
Fine allowed: $200.
(b) 
Fine schedule:
[1] 
First offense: $50.
[2] 
Second offense: $100.
[3] 
Third offense: $150.
[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.
(a) 
Fine allowed: $200.
(b) 
Fine schedule:
[1] 
First offense: $50.
[2] 
Second offense: $100.
[3] 
Third offense: $150.
[4] 
Fourth offense or any subsequent offense: $200.
(c) 
Enforcing agent: Highway Department or designee.
(5) 
Snow plowing and removal.
(a) 
Fine allowed: $50.
(b) 
Fine schedule:
[1] 
First offense: $25.
[2] 
Second offense: $25.
[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.
(a) 
Fine allowed: $50.
(b) 
Fine schedule:
[1] 
First offense: $25.
[2] 
Second offense: $25.
[3] 
Third or any subsequent offense: $50.
(c) 
Enforcing agent: Highway Department or designee.
(8) 
Trash and littering.
(a) 
Fine allowed: $300.
(b) 
Fine schedule:
[1] 
First offense: $50.
[2] 
Second offense: $100.
[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.
(a) 
Fine allowed: $50.
(b) 
Enforcing agent: Police Department or designee.
(2) 
Rude, indecent speech or behavior.
(a) 
Fine allowed: $50.
(b) 
Enforcing agent: Police Department or designee.
(3) 
Loitering.
(a) 
Fine allowed: $50.
(b) 
Enforcing agent: Police Department or designee.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection G(4), Fireworks, was repealed 11-2-2022 FTM by Art. 11.
(5) 
Skateboards and roller skates.
(a) 
Fine allowed: $50.
(b) 
Enforcing agent: Police Department or designee.
(6) 
Public consumption (§ 107-1).
(a) 
Fine allowed: $300.
(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.
(a) 
Fine allowed: $50.
(b) 
Enforcing agent: Police Department or designee.
(9) 
Operation of motor vehicles on frozen surfaces.
(a) 
Fine allowed: $50.
(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) 
Water use (§ 267-9).
(a) 
Fine allowed:
[1] 
First offense: $50.
[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.
(a) 
Fine allowed: $300.
(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:
[1] 
First offense: $100.
[2] 
Second or any subsequent offense: $300.
(b) 
Enforcing agent: Police Department or designee.