[HISTORY: Adopted by the Town of Brewster
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Town Meetings — See Ch. 48.
[Adopted 1-17-1984 STM, Art. 12]
Any bylaw of the Town of Brewster enforceable
by the Police Department and a violation of which is subject to a
specific penalty may, as an alternative to initiating criminal proceedings,
be enforced by the Police Department by the method provided in MGL
C. 40, § 21D.
[Adopted 10-21-1991 FYTM, Art. 8]
A.
Whoever violates any provision of the rules and regulations
of the Board of Health may be sanctioned through the noncriminal disposition
process (civil fines accruing to the Town) provided by MGL C. 40,
§ 21D, as amended from time to time, if the regulation or
rule prescribes a specific penalty for its violation. Resort to this
noncriminal disposition method shall lie within the discretion of
the enforcing officer, and this noncriminal option shall exist wholly
in addition to all other available enforcement alternatives.
B.
Any enforcement officer who takes cognizance of a
violation of a regulation or rule subject to this noncriminal disposition
procedure and who elects, as an alternative to criminal process, to
proceed with noncriminal enforcement shall give the offender a written
notice to appear before the Clerk of the Orleans Division of the District
Court Department at any time during office hours but not later than
21 days after the date of such notice.
The following rules and regulations are hereby
made specifically subject to the noncriminal disposition process;
the specific penalties listed here shall, for purposes of noncriminal
disposition, apply in such cases; police shall be deemed enforcement
officers for all rules and regulations listed below; and any other
Town employee or officer shall be deemed to be an enforcement officer
for a particular rule or regulation if so listed below:
A.
Septic systems.
(1)
Regulation: septic system inspection/maintenance program
regulation.
(2)
Enforcement officer: Health Director; Assistant Health
Director.
(3)
Fines.
(a)
Failure to raise manhole cover to within 12 inches
of the finished grade: $20.
(b)
Failure to install sanitary tee(s): $20.
(c)
Failure to pump: $50.
(d)
Failure to upgrade a system which is malfunctioning
or a nuisance to the public health, safety and welfare, or to quality
of surface waters or groundwaters: $200.
(e)
Failure to replace a single cesspool: $200.
(f)
Failure to expose the cover of the first component
of the septic system: $20.
[Added 11-15-1993 FYTM, Art. 28]
B.
Shellfish Department.
[Added 5-9-1994 STM, Art. 8]
(1)
Regulations for the taking from the flats or waters
of the Town of Brewster of soft-shell clams, sea clams, mussels, quahogs,
razor clams, sea worms or eels.
(2)
Enforcement Officer: Shellfish Constable, Assistant
Shellfish Constables.
(3)
Fines.
(a)
The following are punishable by a fee of: $50:
[1]
Possession of shellfish without a shellfish
permit.
[2]
Possession of shellfish during closed season.
[3]
Possession of shellfish during open season,
on closed day.
[4]
Possession of shellfish in excess of the weekly
limit.
[5]
Possession of scallops in excess of the weekly
limit or landing scallops in other than a designated area.
[6]
Possession of more than 5% per batch of seed
shellfish, such as quahogs, soft-shell clams, oysters or sea clams
as defined in the Rules and Regulations.
[7]
Possession of scallops without a defined annual
raised growth ring.
[8]
Taking of shellfish from the water and flats
within the Town of Brewster by implements other than those known as
a "long rake," "scratcher," "tong," "quahog rake," "clam rake" or
"clam hoe."
[9]
Failure to cover all seed and undamaged shellfish
and refill all holes.
[10]
Possession or the spearing of eels without a
permit.
[11]
Transferring a shellfish permit outside the
immediate family.
[12]
Digging, taking or carrying away any shellfish
and sea worms between the hours of sunset and sunrise.
[13]
The collection of shellfish and sea worms for
permit holders waiting on shore, unless this permit holder is disabled
and has previously arranged it with the Shellfish Constable.
[14]
Bringing shellfish ashore not in its shell with
the exception of sea clams.
[15]
Possession of shellfish or sea worms from an
area which the Selectmen or the Shellfish Constable may designate
from time to time as a closed area.
[16]
Shellfishing when the air temperature is 30°
F. or -1° C. or below.
[17]
Failure to allow the Shellfish Constable or
Deputy Shellfish Constable to inspect a boat or permit for any person
who takes, digs or carries away any shellfish and sea worms.
[18]
Digging in grass areas.
[19]
While shellfishing in tidal areas or coastal
waters, failure to produce a shellfish permit for inspection upon
the request of the Shellfish Constable or any federal, state or local
official authorized to enforce federal, state or local laws relating
to marine fisheries.
[20]
Selling shellfish taken under a family permit.
C.
Herring/Alewife Fishery.
[Added 5-9-1994 STM, Art. 8]
