[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]
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.
(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.
[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.
(b) The following are punishable by a fine of $100:
[1]
Taking of shellfish from an area under a shellfish
grant/license.
[2]
Possession of soft-shell clams, quahogs, scallops,
eels or sea clams in excess of the daily commercial limit.
(c) The following are punishable by a fine of $200:
[1]
Commercial shellfishing in areas designated
for family permits only.
(d) The following are punishable by a fine of $300:
[1]
Taking shellfish commercially in Brewster without
a commercial permit.
C. Herring/Alewife Fishery.
[Added 5-9-1994 STM, Art. 8]
(1) Regulations: Taking of herring/alewife from the run
located at the Stoney Brook Millsites.
(2) Enforcement Officer: Alewife Committee, Shellfish
Constable, Assistant Shellfish Constable and other designees as appointed
by the Alewife Committee.
(3) Fines:
(a) Taking of herring/alewife without a permit: $25.
(b) Taking of herring/alewife in excess of established
limits: $50.
(c) Taking of herring/alewife on nonauthorized days: $25.
(d) Taking of herring/alewife from undesignated areas:
$25.