[STM Art. 3, 5/7/2018]
The purpose of this Construction Bylaw is to allow the town
of Winchester to establish reasonable limitations on the hours of
construction in order to lessen the impact of construction on its
citizens and their quality of life.
[STM Art. 3, 5/7/2018]
Means any site or building preparation, erection, grading,
excavation, demolition, substantial repair, alteration, or assembly,
preparation, or mobilization for any such activity on public or private
property, structures, or utilities. “Construction” shall
not include work performed by a property owner on his or her own property
and not for compensation.
[STM Art. 3, 5/7/2018]
Construction, as defined above, shall be conducted only between
7:00 a.m. and 6:00 p.m. weekdays, and 9:00 a.m. and 5:00 p.m. Saturdays.
No construction is permitted on Sundays or holidays except where permitted
by state law, in which case construction shall be permitted only between
9:00 a.m. and 5:00 p.m.
This bylaw shall not apply in the following circumstances:
4.1.
Where an
exemption from this bylaw has been allowed by the police department
for necessary construction that could not be performed on any other
day without serious suffering, loss, damage or public inconvenience.
Any such permission shall cover not more than one (1) day and may
include reasonable terms and conditions. The police department has
sole discretion over the issuance of such permissions.
[STM Art. 3, 5/7/2018]
4.2.
Construction
to address emergencies that require immediate action to prevent or
alleviate physical injury to a person(s) or damage or threatened damage
to a property(ies), but only to the extent necessary to prevent or
alleviate injury or loss.
[STM Art. 3, 5/7/2018]
4.3.
The restoration
of public utilities.
[STM Art. 3, 5/7/2018]
4.4.
At the
town manager’s discretion, construction by the town of Winchester
or contractors, employees, or other laborers working on its behalf.
[STM Art. 3, 5/7/2018]
[STM Art. 3, 5/7/2018]
This bylaw shall be enforceable pursuant to M.G.L. Chapter 40,
Section 21D, through noncriminal disposition by the building commissioner
or any town of Winchester police officer. Any person who violates
this bylaw shall be subject to a fine of one hundred dollars ($100)
for a first offense, two hundred dollars ($200) for a second offense,
and three hundred dollars ($300) for the third and each subsequent
offense. Each day in violation shall constitute a new offense.
