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Town of Wayland, MA
Middlesex County
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Minutes (332)
[HISTORY: Adopted by the Town of Wayland as follows as indicated in article histories. Amendments noted where applicable.]
[At the 4-30-1998 ATM by Art. 24, the Town voted to accept and approve the codification of bylaws of the Town of Wayland, to be known as the "Code of the Town of Wayland," in the format presented by General Code Publishers Corp., which is on file in the Office of the Town Clerk, said codification being a renumbering, recaptioning and repositioning of the present bylaws, with no substantive changes.]
[Added 4-13-2009 ATM by Art. 21[1]]
The Town Clerk, after consultation with Town Counsel, may make nonsubstantive editorial revisions to the Town Code to insure consistent and appropriate sequencing of numbering of sections, subsections, paragraphs and subparagraphs, provided that all such editorial revisions shall be referenced by a footnote which describes the revision and the reason therefore.
[1]
Editor’s Note: This article also provided that former §§ 1-1 and 1-2 be renumbered as §§ 2-1 and 2-2, respectively.
[Adopted 3-12-1973 ATM by Art. 14 as Art. 20 of the 1973 Bylaws]
[Amended 4-15-1980 ATM by Art. 11; 11-18-1982 STM by Art. 12]
Whoever shall breach or violate any provision of these bylaws, the Zoning Bylaws, the Building Code, the Electrical Code and/or any of the rules and regulations duly adopted by any board, committee or commission of the Town of Wayland, as the same may have been amended from time to time, shall be punished by a fine of not exceeding $300 for each offense or for each day of a continued offense, in the absence of an express provision of another penalty.
[Added 5-2-1991 ATM by Art. 17]
As an alternative to the foregoing penalty, violations of the following bylaws and sections thereof, codes, rules and regulations duly adopted by the Town or any of its boards, committees or commissions may be enforced in the manner provided in MGL c. 40, § 21D. For the purposes of this section, the specific penalty which is to apply for violations of each such bylaw, code, rule or regulation shall be as listed below. Each day on which a violation exists shall be deemed to be a separate offense. The municipal officers or employees whose titles are listed under each bylaw, code, rule or regulation shall be deemed to be enforcing officers for each such provision.
A. 
Zoning Bylaws.
(1) 
Penalty:
(a) 
Twenty-five dollars for the first offense.
(b) 
Fifty dollars for the second offense.
(c) 
One hundred dollars for the third offense.
(d) 
Three hundred dollars for the fourth and each subsequent offense.
(2) 
Enforcing persons: Building Commissioner/Zoning Enforcement Officer and his/her assistants.
[Amended 4-28-1997 STM by Art. 2]
B. 
Rules and regulations of the Board of Health.
(1) 
Penalty: fifty dollars for each violation.
(2) 
Enforcing person: Director of Public Health.
C. 
Failure to license dog(s) by March 31.
[Added 11-14-1991 STM by Art. 10]
(1) 
Penalty: fifty dollars per dog for each violation.
(2) 
Enforcing person: Dog Control Officer.
D. 
Rules and regulations of the Chief of the Wayland Fire Department.
[Added 5-1-1995 ATM by Art. 15]
(1) 
Penalty:
(a) 
Twenty-five dollars for the first offense.
(b) 
Fifty dollars for the second offense and for each subsequent offense.
(2) 
Enforcing persons: Fire Chief and his designees.
E. 
Rules and regulations of the Board of Health for restrictions on the use, sale, vending and distribution of tobacco.
[Added 5-5-1997 ATM by Art. 21]
(1) 
Penalty:
(a) 
Smoking in prohibited area in any 12-month period:
[1] 
Twenty-five dollars for the first offense.
[2] 
Fifty dollars for the second offense.
[3] 
One hundred dollars for the third or subsequent offense.
(b) 
Failure to comply by owner: $200 for the first offense and each subsequent day a violation occurs.
(c) 
Tobacco for sale without permit: $50 per day.
(d) 
Sales to minors: $300 for each offense.
[Amended 4-13-2009 ATM by Art. 32]
(e) 
Failure to post notices: $50 per day.
(f) 
Failure to comply with Section 10 in any 12-month period.
[1] 
One hundred dollars for the first offense.
[2] 
Two hundred dollars for the second offense.
[3] 
Three hundred dollars for any third or subsequent offense.
(2) 
Enforcing persons: Board of Health, its staff or other officials designated by the Board of Health as its agent(s).
F. 
Chapter 163 of the Code of the Town of Wayland, Swimming Pools.
[Added 4-30-2001 ATM by Art. 40]
(1) 
Penalty: $300 per day.
(2) 
Enforcing person: Building Commissioner and his/her assistants.
G. 
Rules and regulations of the Board of Health for body art establishments and practitioners.
[Added 4-29-2002 STM by Art. 4]
(1) 
Failure to comply with the regulations by practitioner and/or owner of establishment: $150 per violation per day.
(2) 
Practioner practicing without a license: $300 per day.
[Added 4-3-2003 ATM by Art. 28]
(3) 
Enforcing person: Board of Health, its staff or other officials designated by the Board of Health as its agent(s).
H. 
Chapter 194 of the Code of the Town of Wayland - Wetlands and Water Resource Protection.
[Added 4-29-2002 STM by Art. 7]
(1) 
Penalty: $300 per day.
(2) 
Enforcing persons: Town police officer, other officers having police powers, and agents of the Conservation Commission.
I. 
Chapter 191 of the Code of the Town of Wayland - Lawn Irrigation Systems.
[Added 4-3-2003 ATM by Art. 24]
(1) 
Penalty:
(a) 
A fine of $250 per day for the first offense.
(b) 
Termination of water services for a subsequent offense.
(2) 
Enforcing persons: the Director of Public Works or other person(s) designated in writing by the Director of Public Works.
[Amended 5-13-2010 ATM by Art. 18]
J. 
Chapter 193 of the Code of the Town of Wayland – Stormwater and Land Disturbance.
[Added 4-10-2008 ATM by Art. 26]
(1) 
Penalty: $300 per day.
(2) 
Enforcing persons: Town police officer, other officers having police powers, and agents of the Conservation Commission.
K. 
Violation of rules and regulations of the Conservation Commission relative to the use of lands under the care, management, and control of the Conservation Commission.
[Added 11-12-2008 STM by Art. 17; amended 4-13-2009 ATM by Art. 20]
(1) 
Penalty: $100 per day.
(2) 
Enforcing persons: Town police officrs, other officers having police powers, and agents of the Conservation Commission.
L. 
Rules and Regulations of the Board of Health or the Board of Public Works for the illegal or improper dumping of solid waste at the Town Landfill-Transfer Station
[Added 4-13-2009 ATM by Art. 33[1]]
(1) 
Penalty:
(a) 
Fifty dollars for the first offense.
(b) 
One hundred dollars for the second offense.
(c) 
Two hundred dollars and revocation of Transfer Station privilege for any third or subsequent offense.
(2) 
Enforcing persons: Board of Health, its staff or other officials designated by the Board of Health as its agent(s) or the Board of Public Works, the Director of Public Works or his designee(s).
[1]
Editor’s Note: This article included Subsection L(1)a., b., and c. Said subsection was redesignated as Subsection L(1)(a), (b) and (c) to maintain the organizational style of the Code with the permission of the Town Clerk pursuant to § 1-1 of the Code.
M. 
Violation of the Plastic Bag Reduction Bylaw.
[Adopted 4-2-2017 ATM by Art. 24]
(1) 
Penalty:
(a) 
First offense — warning;
(b) 
Second offense — $50 per day;
(c) 
Third and each subsequent offense — $100 per day.
(2) 
Enforcing persons: Select Board or its designee.
N. 
Violation of the Polystyrene Food Container Bylaw.
[Added 4-2-2017 ATM by Art. 24]
(1) 
Penalty:
(a) 
First offense — warning;
(b) 
Second offense — $50 per day;
(c) 
Third and each subsequent offense — $100 per day.
(2) 
Enforcing persons: BOH.