HomeMy WebLinkAboutGENERAL BY-LAWS, MANSFIELD MASSACHUSETTS 1921-2013BY -LAWS
MANSFIELD, MASSACHUSETTS
CONTENTS
GENERAL PROVISIONS ....................... ............................... a
CHAPTER ONE
TownMeeting ........................... ............................... 1 -4
CHAPTER TWO
Duties of Officials and Officers .............. ............................... 2 - 4
CHAPTER THREE
Storage of Flarmnables .................... ............................... 3 -1
CHAPTER FOUR
AnnualReport ........................... ............................... 4 -1
CHAPTER FIVE
Streetsand Sidewalks ..................... ............................... 5 -4
CHAPTER SIX
PoliceRegulations ........................ ............................... 6 -5
CHAPTERSEVEN
Junk Dealers ............................ ............................... 7 -1
CHAPTER EIGHT
DogRestraint ........................... ...............................
8 -12
CHAPTER NINE
Swimming Pools ........................ ...............................
9 -1
CHAPTER TEN
Council on Aging ....................... ...............................
10 -1
CHAPTER ELEVEN
Drinking in Public Places ................. ...............................
11-3
CHAPTER TWELVE
Building Code Board of Appeals ............ ...............................
12-1
CHAPTER THIRTEEN
Restriction of Water Use ................... ...............................
13-1
CHAPTER FOURTEEN
Fee Schedule for the Town Clerk ............. ............................... 14-2
CHAPTER FIFTEEN
Conservation Commission Rules and Regulations .............................. 15 -5
CHAPTER SIXTEEN
Handicapped Parking Regulations ........... ............................... 16-2
CHAPTER SEVENTEEN
Fee Schedule for the Sealer of
Weights and Measures ......................... ...........................17 -1
CHAPTER EIGHTEEN
MandatoryRecycling ......................... .............................18 -1
CHAPTER NINETEEN
Abandonment and Improper Storage of Vehicles ............................:.. 19 -1
CHAPTER TWENTY
Scenic Roads ............................ ............................... 20 -4
CHAPTER TWENTY -ONE
Fire Department Regulations ................ ............................... 21-6
CHAPTER TWENTY -TWO
Licenses and Permits ...................... ............................... 22 -2
CHAPTER TWENTY -THREE
Littering................................ ............................... 23 -3
CHAPTER TWENTY -FOUR
Interest on Unpaid Utility Charges ....:...... ............................... 24-.1
CHAPTER TWENTY - FIVE .................................................. ............................... 25-.21
Stormwater Management By -Law
CHAPTER TWENTY - SIX .................................................... ............................... 26-3
Addressing of Buildings and Land
CHAPTER TWENTY SEVEN .................................................. .............................27-1
In Building Radio Communications
I'
CHAPTER TWENTY EIGHT ................................................... ....:........................28-2
Audit Committee
APPENDIX .
Enforcement ............................. ............................... A-2
i3las_`M
MANSFIELD, MASSACHUSETTS
GENERAL PROVISIONS
SECTION I
All By -laws of the Town heretofore in force, excepting the By -laws for the
Prevention of Fire and Preservation of Life, are hereby repealed but for this
section shall not affect any act done, any right accrued, any penalty or liability
accrued or any suit, prosecution, or proceeding heretofore taken or that shall
be pending at the time the following By -laws take effect.
SECTION II
amended The penalty for any violation of these By -laws when not otherwise provided for
1971 either by Town By -law or General Laws, shall be the forfeiture and payment of
a fine not exceeding fifty dollars to be paid into the Town Treasury.
SECTION III
These By -laws may be amended at any Annual Town Meeting provided an
article for that purpose has been inserted in the Warrant for such meeting
substantially stating the amendment proposed.
SECTION IV
The By -laws shall take effect upon their approval and publication in the
manner required by law.
CHAPTER ONE - TOWN MEETING
SECTION I
amended The Warrant for the Annual Town Meeting shall be closed on the
2003 first day of March preceding the Town Meeting. Warrants for Special
Town Meetings will be closed at the discretion of the Board of Selectmen.
The Warrants for Town Elections shall specify that the polls will be open
from 7:00 a.m. to 8:00 p.m. A quorum at a Town Meeting shall consist of
200 registered voters, present in the meeting room, to open a Town Meeting,
100 registered voters, present in the meeting room,to open any adjourned session
thereof, and 50 registered voters thereafter to continue the business of the Town
Meeting, except such parts as are devoted exclusively to the election of Town
Officers but a lesser number may organize and adjourn to some future time. No
person whose name does not appear upon the List of Registered Voters shall be
admitted to the hall where a Town Meeting is being held, except with the permission
of the Moderator. The Moderator shall require that any non -voter admitted thusly sit
apart from the voters.
SECTION H
Unless otherwise ordered by the Town Meeting, all votes shall be made by
show of hands. If the hand vote is immediately questioned by seven or
more voters, a count shall be made by tellers who shall be appointed by
the Moderator.
added When an article requires two- thirds (2/3) vote, if he deems it obvious, the Moderator
2002 declare a two- thirds (2/3) vote without taking a standing count.
added The Town Moderator, when required by law, or at his discretion, shall appoint tellers in
2002 a number necessary to provide for the required vote counts, should they be needed.
SECTION III
No action shall be taken at any Town Meeting on the report of any committee
chosen at a previous meeting, other than to receive the report as one of
information only, unless the subject of the report is specifically mentioned
in the Warrant for said Meeting.
1 -1
63KO f OURITA
On questions involving special appropriations of $10,000 or more, a secret
vote shall be taken and the check list used, provided it is so moved
previously to taking the vote and is supported by 25 percent of those
present and voting.
SECTION V
No motion or proposition unless germane to the subject under
consideration shall be admitted as an amendment.
SECTION VI
amended The order of all articles in the Town Warrant, except financial articles that deal
2002 with Article 1, establishing expenses of the municipal town departments as
proposed by the Board of Selectmen and Article 2, the school budget, as
proposed by the School Committee, all other articles shall be determined by a
lottery at,the Town Meeting. Once the budget related articles are completed, the next
article for consideration shall be determined by lottery; each successive article shall
be determined by lottery after completion of the previous article. Before the start of
the Town Meeting, the Town Moderator shall determine which articles require
consideration together, or need to be taken in chronological order. These articles
shall be marked for selection together. The Town Clerk shall administer the lottery."
SECTION VII
amended All articles must be reconsidered in the same session of the Town Meeting in which
2002 they were voted upon. An article shall not be reconsidered until after the completion
of three (3) subsequent articles, or until the completion of a set of grouped related
articles, if the group is more than three (3) articles. In the case of a session ending
prior to the completion of three (3) articles, the Moderator must call for
reconsideration prior to entertaining a motion to adjourn.
SECTION VIII
The Moderator may entertain motions without being seconded
whenever in his judgment such procedure is consistent with good
order and the proper transaction of business.
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SECTION IX
The Moderator may decline to put motions obviously frivolous or
tending to disorder.
SECTION X
amended Whenever a question is under debate, the following motions shall have precedence in
2002 the order herein given:
To adjourn (if a date of reassembling has been determined)
To lay on table
To move the question (The main speaker cannot move his/her own question)
To amend
To postpone to a time certain
To postpone indefinitely
Items 2 and 3 are not debatable and must be recognized without comment from the Moderator or
the floor, unless a clarification is requested by the Town Meeting."
SECTION XI
added The Town Meeting Warrant, for all Town Meetings, shall be available to Town voters,
2002 no cost, as soon as the Warrant is closed, but not later than ten (10) business days
prior to Town Meeting. Copies of the warrant shall also be posted at a minimum of
five public access locations in Town, including the town hall and library, and made
available on the Town of Mansfield web site. Preliminary budget figures must be
made available at this time if final figures are not available.
1 -3
SECTION XII
added At any Town Meeting, no Warrant Article not already on the floor shall be brought
2002 before the Town Meeting for consideration or deliberation after 11:00 p.m. discussion
and action may continue on any Warrant Article properly brought before the Town
Meeting prior to 11:00 p.m. unless said Town Meeting, by two - thirds (2/3) vote,
determines otherwise.
SECTION XIII
added All requested amendments to Warrant Articles must be in writing, if the Moderator so
2002 directs. In order not to delay the Town Meeting process, the Moderator may request to
postpone action on the amended article and proceed to the next Warrant Article, to
allow time for the written amendment to be served.
SECTION XIV
added Tour Meeting presentations of Warrant Articles shall not exceed fifteen (15)
2002 minutes*unless Town Meeting by majority vote decides otherwise.
1 -4
CHAPTER TWO - DUTIES OF OFFICIALS AND OFFICERS
SECTION I
A board, committee, or officer having charge of any work, the payment for
which is in any part to be voluntarily contributed by private parties, shall
not perform said work until a sum estimated by such board, committee,
or officer to be sufficient to cover that part of said work has been deposited
with the Town Treasurer.
SECTION II
Whenever it shall be necessary to execute any deed conveying land or any
other instrument required to carry into effect any vote of the Town, the same
shall be executed by the Selectmen or by a majority thereof in the name of
and under the seal of the Town, unless the Town shall otherwise vote in a
special case.
VII 1A
The Selectmen shall have full authority as agents of the Town to institute
and prosecute suits in the name of the Town and to appear and defend suits
brought against it unless it is otherwise specially ordered by a vote of the Town.
SECTION IV
The Selectmen shall cause the appearance and answer of the Town to be entered
and made in all suits brought against the Town at law or in equity and the interests
of the Town to be defended therein. They shall consider all claims against the
Town for damages or breach of contract and may, with the advice of counsel,
settle the same, providing that in no way shall a settlement be made in excess
of two thousand dollars ($2,000) without authority from a Town Meeting.
SECTION V
The Town Clerk shall have custody of all deeds and instruments conveying
an interest in real estate to the Town. He shall keep a true copy of all deeds
and conveyances from the Town. He shall also keep for convenient use true
copies of all plans and layouts for streets,.underground utilities, and certificates
of takings by eminent domain.
2 -1
SECTION VI
It shall be the duty of the Town Clerk to see that every conveyance to the
Town of any interest in land is properly recorded in the Registry of Deeds.
SECTION VII
The Town Clerk shall provide and have in readiness for use at Town Meetings
a sufficient supply of "Yes" and "No" ballots. These ballots shall not be
distinguished from each other in size, shape, color, paper or ink or in the
size and style of type.
SECTION VIII
The Treasurer shall receive, hold, receipt for, invest, and pay out upon the
orders of the Selectmen any funds, monies, or securities paid to him under
the provisions of Section 19 of Chapter 114 of the General Laws or Acts in
addition thereto to be given herefore, in the following form, viz:
$ Mansfield, MA:
(amount)
(date)
Received of the sum of dollars.
(Name of Depositor) number
This sum is given in trust to the Town of Mansfield as a permanent
fund. The same is to be deposited in some reliable institution
of savings, and a separate account of it kept on the books of the
Treasurer and reported each year in this annual report. No part of this
principal sum can ever be expended; the interest accruing or so much
thereof as is needed is to be drawn and expended under the direction
of the Selectmen, annually, in caring for lot owned (by name of burial
ground or cemetery). The portion of interest unexpended will remain to
the credit of this account and can be used in any year when deemed necessary.
Dated this day, A.A. under the seal of said
Town and signed by its Treasurer.
Treasurer of said Town
SECTION IX
The Collector of Taxes is authorized to use all means of collecting taxes which
a town treasurer may use when appointed a collector of taxes.
2 -2
SECTION X
No unexpended balance of any appropriation made for a special purpose
shall be used for any other purpose unless by a vote of the Town, but
shall be turned in to the Treasury.
SECTION XI
added The Water /Sewer Commissioners may establish due dates for water
1995 and sewer billing.
Added
2013
SECTION XiI
Consolidated Department of Municipal Finance
A. The Consolidated Department of Municipal Finance shall include the offices of
Accountant, Treasurer, Collector, Assistant Assessor, Management Information Systems
and Finance Director.
B. The Department shall be headed by a Director of Municipal Finance who shall be
appointed by and be responsible to the Town Manager and may also serve as the Town
Accountant or as the Collector /Treasurer but not both. The Director shall be appointed for
a term of three years, subject to removal by the Town Manager at any time for cause.
C. The Director shall be responsible for the performance of the functions of Treasurer,
Collector, Accountant, Management Information Systems and Assistant Assessor in
accordance with the laws of the Commonwealth and, to the extent that such exist,
appropriate regulations of departments thereof.
D. The status of all employees in departments which shall be included in the Consolidated
Department of Municipal Finance shall be protected in accordance with the provisions of
the first paragraph of MOL c. 43 C, § 10.
E. In addition to responsibilities hereinbefore listed in Subsection C, the Director of
Municipal Finance shall also be responsible for the following:
(1) Coordination of all financial services and activities, including assistance with
budget preparation for all departments under the authority of the Board of
Selectmen/Town Manager;
(2) Maintenance of all accounting records and other financial statements;
(3) Payment of all obligations of the Town;
23
(4) Receipt of all funds due the Town;
(5) Assistance to all other Town departments and offices in any matter related to
financial affairs
(6) Monitoring of the expenditure of all funds, including periodic reporting to
appropriate agencies on the status of accounts;
(7) Such other matters as may be determined necessary from time to time by the
Town Manager.
F. Appointments of personnel necessary to staff the Consolidated Department of Municipal
Finance (other than as provided in Subsection D above) shall be by the Director subject to
the approval of the Town Manager, except that if the Town Accountant is appointed to
serve as the Director the appointment as Town Accountant shall continue to be made by
the Board of Selectmen, as provided in the Town Charter and the appointment of the
Treasurer /Collector shall continue to be made by the Town Manager as provided in the
Town Charter.
2 -4
CHAPTER THREE - STORAGE OF FLAMMABLES
SECTION I
amended No underground tank which has been used for the keeping
1993 or storage of flammable or combustible liquids shall be removed
or relocated unless a pen-nit therefore shall first have been obtained
from the State Fire Marshal or the official designated by him to grant
permits in the Town of Mansfield. The fee for such a permit shall be
two hundred dollars ($200.00) per tank for tanks with a capacity over
2,500 gallons and twenty -five dollars ($25.00) per tank for tanks with
a capacity of 2,500 gallons or less.
SECTION II
added In the execution and administration of the provisions of Chapter 148,
1990 Section 13 of the Massachusetts General Laws as amended, the Town
of Mansfield shall impose the following schedule of fees for the annual
renewal of such license, registration or certificate of the head of the Fire
Department relative to the storage of flammables:
Initial License, Registration
or Certificate $100.00
Renewal License, Registration
or Certificate $ 50.00
3 -1
CHAPTER POUR — ANNUAL REPORT
SECTION I
amended There shall be presented to the Selectmen annually by the Town Treasurer,
1973 Collector of Taxes, and all officers, boards or committees who have had the
charge of or expenditure of Town funds a detailed statement of their receipts
and expenditures for the financial year last past, together with estimates for
the current financial year; by the Town Clerk, a copy of his records of
meetings during the preceding year, an abstract of the births, deaths,
and marriages and dog license account during the year last past; by the
Assessors, a valuation statement; and by the School Committee, a report
of the condition of the public schools; and the Selectmen shall cause such
reports together with their report and estimates, Accountant's report,
report of the Town Manager, list of Jurors, tabulated financial
statement showing the balance of deficiency in each department,
and a report of the financial condition of the Town to be printed and
distributed among the taxpayers of the Town seven (7) days
at least before the Annual Business Meeting.
4 -1
CHAPTER FIVE - STREETS AND SIDEWALKS
SECTION I
The Selectmen may order numbers to be affixed to or painted
on the buildings on any street, and any owner refusing to comply
with such an order shall be liable to a fine of not less than one or
over twenty dollars.
SECTION lI
No person shall place or maintain over any sidewalk any awning,
shade, shade frame, canopy, sign, or signboard without a permit from
the Board of Selectmen, but no such awning, shade, shade frame,
canopy, sign, or signboard shall be less than seven (7 eight feet(8) from
the ground in the lowest part or extend beyond the line of the sidewalk.
Added Exemption: A -Frame or Sandwich Board Signs
2013 A -fiarne or sandwich board signs advertising local businesses may be allowed in
the Downtown Business Zone.only when properly permitted by the Inspector of
Buildings and in conformance with the size, location and hours of display
standards for signs in the Mansfield Zoning By -Law.
SECTION III
Amended No person shall allow any wood, coat or other obstruction to remain
2013 within the limits of a street or upon any sidewalk so as in any manner to
obstruct the travel thereon, or for more than twenty -four hours after he
has been notified to remove the same by the Town Manager or by officer
having charge of the highway or any constable or police officer.
SECTION IV
amended No person who is not in the employ of the Town or of some office
1967 or department thereof, having authority so to do, shall dig up, excavate,
or assist in breaking or digging up or excavating any part of a public street,
highway, or town -way, or remove any gravel or other material from a public
street, highway, or town -way, unless he has obtained from the Board of
Selectmen or Town Manager a written permit therefor.
5 -1
Whoever by virtue of such a permit, breaks, digs up, or excavates,
or causes to be dug up, broken up, or excavated, any part of a public
street, highway, or town -way shall cause a rail or other sufficient
barriers to be placed so as to enclose part of the street so dug up,
broken up, or excavated; and he or they shall cause sufficient number
of lighted lanterns for public protection to be attached to some part of such
barrier and so kept from the beginning of twilight through the whole of
every night during all the time such street, highway, or town -way remains
dug or broken/up or such excavation exists.
SECTION V
Said person or persons shall restore said street, highway, or town -way
immediately upon completion of work; and the expense of repairs on
said ways rendered necessary by said digging up and accruing within
one year thereafter, shall be paid by such person or persons.
SECTION VI
No person shall allow any gate or door belonging to premises raider
his control and adjoining any sidewalk or public way to suing on, over,
or into said walk or way.
SECTION VII
amended No person shall place or cause to be placed or empty or cause to be
2000 emptied upon any street, way, lane, sidewalk, or brook any leaves, house dirt,
offal or rubbish, any sewage or the drainage of any sink or stable, or the
contents of any cesspool, vault, privy or privy well, or any waste
matter whatsoever.
SECTION VIII
amended No person shall discharge water from a sump pump or other mechanical
1994 source into any street, way, land, or sidewalk which could cause safety
concerns due to icing or dangerous driving conditions or cause damage
to the Town's property.
SECTION IX
added No person or company shall violate the provisions of the Town of
1995 Mansfield Drainlayers license and Regulations.
5 -2
SECTION X
added No person or company shall violate the provisions of the Town of
1998 Mansfield Board of Health Regulations: Regulation Affecting
Smoking and the Sale, Vending and Distribution of Tobacco.
SECTION XI
Added
2005
Definition. This section refers to scooters, power boards, all- terrain vehicles and
mini- motorbikes that have handlebars that have two or more wheels, that are
designed to be stood upon or sat upon by the operator, and that are *electric or
gas- powered by an engine or motor capable of propelling the vehicle with or
without human thrust. Excluding wheelchairs and vehicles, which are medically
necessary.
Prohibition from Sidewalks. No person may use, ride or otherwise operate `electric or
a gas - powered scooter, power board, or mini - motorbike on a sidewalk of the
Town of Mansfield.
Prohibition from Streets. No person may use, ride or otherwise operate 'electric or a
gas - powered scooter, power board, all- terrain vehicle or mini- motorbike on a
public way, private way, street or on the grounds of any public school in the Town
of Mansfield unless that person is sixteen (16) years of age or older and is carrying
a valid Massachusetts drivers license in their possession.
Penalties. Any person violating the provisions of this section shall be subject to a fine
of twenty -five dollars ($25.00) for a first offense and fifty dollars ($50.00) for a
second or subsequent offense.
5 -3
Exceptions. Nothing in these sections shall prevent the legal use of (1) any
mechanical or motorized device designed and used to assist a person with a
disability affecting ambulation, (2) a moped that has been registered with the
Massachusetts Registry of Motor Vehicles, and (3) a motorized bicycle that has
registered with the Massachusetts Registry of Motor Vehicles.
Enforcement. The Mansfield Police Department shall have the authority to enforce
this section. The provisions of Massachusetts General Laws Chapter 40, §211)
may be used to enforce these sections. The Mansfield Police Department shall
have the authority to promulgate rules and regulations necessary to implement and
enforce these sections.
Regulatory Authority. The Chief of the Mansfield Police Department shall have the
authority to promulgate rules and regulations necessary to implement and enforce
these sections.
Severability. If any provisions of these sections are held to be invalid by a court of
competent jurisdiction, then such provision shall be considered separately and
apart from the remaining provisions, which shall remain in full force and effect.
Deleted per Office of the Attorney General June 21, 2005.
Violation. In addition to the fines described in section (d) above, anyone who violates
this section shall forfeit the vehicle immediately and the Town shall have
possession of the same and shall return it only upon payment of a fine in
accordance with section (d).
Vendors. All vendors selling vehicles described in section (a) shall be required to post
in clear and conspicuous terms the statement that these vehicles are banned on
public and private ways, sidewalks, and public grounds and deliver a copy of this
bylaw to a purchaser of any vehicle defined under this bylaw.
5 -4
CHAPTER SIX - POLICE REGULATIONS
SECTION I
No person or persons shall continue to stand, remain, or congregate,
after having been warned by -the police, on any sidewalk, public way,
public place or street, in such a manner so as to endanger the public or
obstruct free passage of pedestrians or motor vehicle traffic.
SECTION II
No person shall at any time fire torpedoes or other explosive articles or
discharge any firearms or cannon urdess in the exercise of a duty required
or justified by law in any street or way, near any vehicle passing thereon
or any dwelling house, excepting on Independence Day.
No person shall play any game in which a ball is used or shoot with bow
and arrow or air gun or throw stones or any other missile in any street or
public way.
SECTION IV
No person unless otherwise empowered by law shall canvass, distribute
or sell papers (other than newspapers), circulars, books, merchandise, or
services house to house throughout the Town without a permit from the
6 -1
Board of Selectmen. Said permit shall be issued by the Chief of Police
for use on specified dates, during daylight hours, and only after a list of
all names and addresses of solicitors has been filed with the Police
Department. The fee for said permit shall be five dollars ($5.00) for
each solicitor.
SECTION V
No person shall keep a dog which by barking, biting, or howling disturbs
the quiet and endangers the safety of the public.
SECTION VI
amended No person shall continue to stand, sit, loiter in or about any street,
1983 sidewalk of any public way, so as to deliberately obstruct the free
passage of travelers or vehicles, thereon, after being directed by a
police officer to move on or disperse. It shall be deemed a breach
of the peace and it shall be the duty of any police officer to order any
person so acting to deliberately obstruct the free passage of travelers
or vehicles, to move on and disperse; and if the person so warned
does not forthwith obey, to remove said person or to arrest and cause
such person to be brought before a justice of the District Court of Bristol
County, Attleboro, Massachusetts upon a complaint made for a violation
of the provision of the preceding paragraph.
The provisions of this section are severable and if any of its provisions
shall be held unconstitutional or invalid by any court of competent
jurisdiction, the decision of said court shall not effect or impair any of
the remaining sections.
No person shall behave in an indecent or disorderly manner or use any
indecent, profane language in any public place, any street or sidewalk,
or place to which the public has right of access in the Town or upon any
doorstep, portico, or other projection from any house or building or in any
place within audible distance of any dwelling, house, or other building
thereon.
SECTION VIII
No person shall enter upon the premises or property of another with
intention of peeping or spying into the windows of a dwelling house
therein and no person shall peep, spy, or otherwise covertly observe
any person or persons in said dwelling house.
6 -2
No person shall in any public park (including any boundary road thereof)
or other public place (including any parkway) under the control of the Board
of Selectmen acting as the Park Conunission, hereinafter referred to as the
Park Commission:
1. Beg or canvass for alms; or
2. Act in an obscene or indecent manner; or
3. Drink or be under the influence of intoxicating liquor; or
4. Break a bottle or other article of glass; or
Drop or place and suffer to remain, except in a receptacle provided
for the purpose, any bottle, can, paper, or other thing; or
Enter or remain in any public park between the hours of 11:00 PM
and 7:00 AM on any day except for the purpose of going through
such park on the walks or malls thereof.
SECTION X
added For the purpose of this article, the penalty for violation of any provision
1983 of any section shall be a fine of not more than $100 for each violation,
unless otherwise specified in the General Laws of the Commonwealth.
SECTION XI
Mechanical Protection Devices
added It shall be unlawful to install a mechanical protection device that is
1999 automatically keyed to and/or activates the telephone (numbers) lines
controlled by and/or listed to the Mansfield Police Department; all
such devices installed before the
effective date of this section shall be defined as: An electrically operated
instrument composed of sensory apparatus and related hardware which
automatically sends over regular telephone lines, by direct connection
or otherwise, a pre - recorded voice alarm upon receipt of a stimulus
from the sensory apparatus that has detected a physical force or condition
inherently characteristic of a fire or unauthorized intrusion.
No person or business shall have an alarm system that notifies the Mansfield
Police Department by means of a dedicated or a non - dedicated telephone
line, recorded device, or other means, without first completing an alarm
application form prescribed by the Chief of Police or his designee.
An alarm system for either a residential or compound building that utilizes
and audible device that is detectable outside of the building, shall be
equipped with an automatic shut -off that will silence the audible device
after no more than thirty (30) minutes of the activation of the alarm system.
A user of an alarm system who has recorded more than tluee (3) false
6 -3
alarms within a calendar year shall be subject to a fine of fifty
($50.00) dollars for each false alarm commencing with the fourth
such occurrence. This bylaw will take effect July 1, 1999.
SECTION XII
Resident Parking Stickers
added For the misuse or illegal transfer of resident parking stickers, as follows:
1999 First Offense $25.00
Second Offense $50.00
Third Offense Revocation of right to use resident only parking facilities
SECTION XIII
Paint Balls
added No person shall discharge a paint ball gun into, from or across any public way,
2001 or anyway to which the public has a right of access, nor shall any person
discharge a paint ball gun into, upon or from any private property without the
express permission of the owner(s) or person(s) in control of the private
property. Whoever violates this sub - section may be punished by a fine of not
less than one hundred dollars ($100.00) and not more than two hundred dollars
($200.00) A second or subsequent offense shall be punished by a fine of not less
than two hundred dollars ($200.00) and not more than three hundred dollars
($300.00).
Definitions for the Purposes of the By -Law:
"Paint Ball Gun ": an instrument or implement capable of propelling and
projecting a projectile by means of air pressure or other means of propulsion
which leaves a distinguishing mark, stain or color upon impact -,which may be
indelible or may be temporary in nature.
SECTION XIV
Motorized Vehicles on Conservation and Water Department Land
Added
2004 "Except as provided by statute, it is unlawful to operate unauthorized
motorized vehicles [All Terrain vehicles, Dirt Motorcycles, and Snowmobiles]
on property under the care and control of the Mansfield Conservation
Commission, Water Department, Recreation Commission or Board of Selectmen
of the Town of Mansfield. Any person violating this by -law shall be punished by
a fine of $50.00 for the first offense and $150.00 for subsequent violations and
or criminal prosecution along with restitution of any damage incurred to Town
of Mansfield property."
6 -4
Added:
2009
Section XV — Possession/Consumption of Marijuana
XV -1 No person shall smoke, ingest, or otherwise use or consume Marijuana or
Tetrahydrocannabinol (as defined in G.L. Chapter 94C, Section 1, as amended) while in or upon
any public place or any, place to which the public has a right of access including, but not limited
to public ways, private ways, sidewalks, parking lots, parks and commons, playgrounds,
recreation areas, beaches, boat landings, cemeteries, municipal buildings and schools and
grounds or athletic fields appurtenant thereto, or premises licensed by the Town, and including
any motor vehicle or bicycle or other passenger conveyance operated by a corm-non carrier, when
parked or moving upon any of the above places or locations.
XV -2 For the purpose of this by -law, Marijuana shall be any substance so defined by General
Laws Chapter 94C, Section 1, as amended.
XV -3 The enforcing person shall make a record of the incident, such record to include the
following information (to the extent that it is available), name and address of the person violating
the ordinance; name and address of landlord, if applicable; date; time; motor vehicle registration
number, if applicable; and location of the violation.
XV -4 This by -law may be enforced through any lawful means in law or in equity including, but
not limited to enforcement by criminal indictment or complaint pursuant to G.L. Chapter 40,
Section 21, or by non - criminal disposition pursuant to G.L. Chapter 40, Section 21D, by any
police officer. Any person found to be in violation of this by -law, or who refuses to give the
above -noted information or if any information proves false, shall be liable to a fine of three
hundred dollars ($300.00) for each such violation. Any penalty imposed under this by -law shall
be in addition to any civil penalty imposed under G.L. Chapter 94C, Section 32L.
CHAPTER SEVEN - JUNK DEALERS
SECTION I
The Selectmen may license suitable persons to be dealers in and
keepers of shops for the purchase, sale, or barter of junk, old metals,
or secondhand articles in the Town. They may also license suitable
persons as junk collectors to collect, by purchase or otherwise, junk,
old metals, and secondhand articles from place to place in the Town;
and they may provide that such collectors shall display badges upon
their persons or upon their vehicles or upon both when engaged in
collecting, transporting, or dealing in junk, old metals, or secondhand
articles; and may prescribe the design thereof. They may also provide
that such shops and all articles of merchandise therein and any place,
vehicle, or receptacle used for the collection or keeping of the articles
aforesaid may be examined at all times by the Selectmen or Town
Manager or by any person by them authorized thereto.
SECTION II
Every keeper of a shop for the purchase, sale, or barter of junk, old metals,
or secondhand articles within the limits of the Town shall keep a book in
which shall be written at the time of every purchase of any such article a
description thereof, the name, age, and residence of the person from whom,
and the day and hour when, such purchase was made; such book shall at all
times be open to the inspection of the Selectmen or Town Manager or any
person by them authorized to make such inspection; and every keeper of such
shop shall put in a suitable and conspicuous place on his shop a sign having his
name and occupation legibly inscribed thereon in large letters; and such shop and
all articles of merchandise therein may at all times be examined by the Selectmen
or Town Manager or by any person by them authorized to make such
examination; and no keeper of such shop and no junk collector shall,
directly or indirectly, either purchase or receive, by way of barter or
exchange, any of the articles aforesaid of a minor or apprentice, knowing or
having reason to believe him to be such; and no article purchased or received
by such shopkeeper shall be sold until at least one week from the date
of its purchase or receipt has elapsed. Such shop shall close between the
hours of 6:00 PM and 7:00 AM and no keeper thereof and no junk
collector shall purchase any of the articles aforesaid during such hours.
7 -1
CHAPTER EIGHT - HUMANE CONTROL AND REGULATION OF ANIMALS
SECTION I - DEFINITIONS
amended ADOPTION: The delivery of a dog to any person eighteen years of age
1989 or older for the purpose of harboring as a pet.
ANIMAL: Every non -human species of animal, both domestic and wild.
Amended:
2013 ANIMAL CONTROL OFFICER: An appointed officer, reporting to the Chief of
Police, authorized to enforce Sections 136A to 174D inclusive.
ANIMAL SHELTER: Any facility operated by a humane society, or municipality
or it's authorized agent, for the purpose of impounding animals under the authority of
this ordinance or state law for care, confinement, return to owner, adoption,
or euthanasia.
amended ANIMAL WELFARE COMMITTEE: A permanent committee formed by the
1999 Board of Selectmen composed of five members and fwo alternate members
appointed for terms of three years each, so arranged that the terms of as nearly
equal a number of members as possible expire each year.
COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop,
riding school or stable, boarding or breeding kernels, or any establishment
selling or harboring animals.
Added COMMERCIAL BOARDING OR TRAINING KENNEL: An establishment used for
2013 boarding, holding, overnight stays or training of animals that are not the property of
the owner of the establishment, at which such services are rendered in exchange for
consideration and in the absence of the owner of any such animal; provided, however,
that "commercial boarding or training kennel" shall not include an animal shelter or
animal control facility, a pet shop licensed under section 39A of chapter 129, a
grooming facility operated solely for the purpose of grooming and not for overnight
boarding or an individual who temporarily, and not in the normal course of business,
boards and cares for animals owned by others.
Added COMMERCIAL BREEDER KENNEL: An establishment, other than a personal
2013 kennel, engaged in the business of breeding animals for sale or exchange to
wholesalers, brokers or pet shops in return for consideration.
DOG: Any animal of the canine species.
DOG -AT- LARGE: Any dog not under the restraint of a person capable of
controlling the dog and/or off the premises of the owner or the keeper.
8 -1
Amended
2013 DOMESTIC ANIMAL: Any animal designated as domestic by regulations
promulgated by the Department of Fish and Game.
GROOMING ESTABLISHMENT: A commercial establishment where
animals are bathed, clipped, plucked or otherwise groomed.
Amended ANIMAL CONTROL OFFICER: Any person designated by the Commonwealth of
2013 Massachusetts, by the Chief of Police for the Town of Mansfield, or a humane
society with the approval of the Chief of Police as an enforcement officer
qualified to perform such duties under the laws of the Town of Mansfield
or the Commonwealth of Massachusetts.
Amended KEEPER: Any person, business, corporation, entity, or society, other than the
2013 owner, harboring or having possession of a dog.
Amended KENNEL: A pack or collection of dogs on a single premises, including a
2013 corrrrnercial boarding or training kennel, commercial breeder kernel, domestic
charitable corporation kernel, personal kennel, or veterinary kennel.
LICENSING AUTHORITY: The Town Clerk.
OWNER: Any person, partnership, or corporation owning, keeping, or harboring
one or more dogs. A dog shall be deemed to be harbored if it is fed or sheltered
for seven consecutive days or more.
PERMIT GRANTING AUTHORITY: The Board of Selectmen.
Added PERSONAL KENNEL: A pack or collection of more than 4 dogs, 3 months or older
2013 owned or kept under single ownership, of private personal use: provided, however,
that breeding of personally kept dogs may take place for the purpose of improving,
exhibiting or showing the breed, use in legal sporting activity or other personal
reasons: provided, further, that selling, trading, bartering, or the distribution of such
breeding from a personal kennel shall be to other breeders or individuals by private sale
only and not to wholesalers, brokers, or pet shops: provided, further, that personal
kennels shall not sell, trade, barter or distribute any dogs not bred from their personally
owned dogs: provided, further, that dogs temporarily housed at a personal kernel in
conjunction with an animal shelter or rescue registered with the department may be
sold, traded, bartered or distributed if the transfer is not made for the purpose of
profiting thereby.
PET SHOP: Any person, partnership, or corporation, whether operated
separately or in correction with another business enterprise (except for a licensed
kennel), that buys; sells, or boards any species of animal.
8 -2
PUBLIC NUISANCE: Any dog or dogs that unreasonably annoy humans,
endanger the life or health of other animals or persons, or substantially
interfere with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance dog" shall mean and include,
but is not limited to, any dog that:
a. is repeatedly found at large;
b. damages the property of anyone other than its owner;
c. molests or intimidates pedestrians or passersby;
d. chases vehicles;
e. excessively makes disturbing noises, including, but not limited to,
continued and repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the dog is kept or harbored
(except where the location of the harbored dog is a licensed boarding or
breeding kennel);
f. causes fouling of the air by odor and thereby creates unreasonable annoyance
or discomfort to neighbors or others in close proximity to the premises where
the animal is kept or harbored;
g. causes unsanitary conditions in enclosures or surroundings where the dog is
kept or harbored;
h. is offensive or dangerous to the public health, safety, or welfare by virtue of
the number and/or types of dogs maintained;
Amended i. attacks other domestic animals;
2013 j. has been found by the Animal Control Office /Chief of Police, after notice
to its owner, to be a public nuisance dog by virtue of being a menace to the
public health, welfare, or safety;
k. is a female dog in heat not confined to a building or secure enclosure; or
1. has bitten any person.
Amended RESEARCH INSTITUTION: Any institution operated by the United
2013 States or by the Commonwealth or a political subdivision thereof, or any
school or college of medicine, public health, dentistry, pharmacy, veterinary
medicine or agriculture, medical diagnostic laboratory biomedical corporation or
biological laboratory, hospital or other educational or scientific establishment within
the Commonwealth above the rank of secondary school, which in connection
with any of its activities, investigates or provides instruction relative to the
structure of functions of living organisms or the causes, prevention, control
or cure of diseases or abnormal conditions of human beings or animals.
RESTRAINT: Any dog secured by a leash or lead made of suitable material
not more than six (6') feet in length under the control of a reasonable person
and obedient to that person's commands, or within the real property limits of
its owner or keeper. A dog may be taken from his owner or keeper's premises
without being restrained by such a leash, provided the dog is accompanied and
8 -3
restrained by a competent person to whose command the dog is obedient.
RIDING SCHOOL OR STABLE: Any place that has available for hire, boarding,
and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals.
VETERINARY CLINIC AND /OR HOSPITAL: Any establishment maintained
and operated by a Massachusetts licensed veterinarian for routine care, surgery,
diagnosis, and treatment of diseases and injuries of animals.
Added DANGEROUS DOG: A dog that either: (i) without justification, attacks a person
2013 or domestic animal, causing physical injury or death: or (ii) behaves in a mariner
that a reasonable person would believe poses an unjustified imminent threat of
physical injury or death to I or more persons, domestic or owned animals.
SECTION II - ANIMAL WELFARE COMMITTEE
The Animal Welfare Committee shall meet at the call of the Chairman and
do the following:
Amended 2013:
a. Recommend to the Board of Selectmen rules and regulations
concerning the operation of the animal shelter, standards for the
collection, care, custody and disposal of dogs at large and public
nuisance dogs.
b. Review the proposed budget of the Animal Control Officer and operating
Budget for the animal shelter and make recommendations to the Chief
of Police /Animal Control Officer.
b. Upon written request, by the Board of Selectmen, review and
recommend to the Board of Selectmen, permit applications, renewal
permit applications and applications to transfer ownership of existing
permits, and recommend revocation of permits or licenses.
d. Recommend to the Town necessary changes in the law regarding
the control of animals.
e. The Animal Welfare Committee may at anytime request the the
Animal Control Officer to inspect any commercial animal establishment or
private animal holding facility.
f. The Animal Welfare Conunittee shall interview all applicants for the Animal
Control Officer's and recommend at least three candidates for the Animal
Control Officer position to the Chief of Police/Board of Selectmen.
8 -4
Amended
2013:
SECTION III — ANIMAL CONTROL OFFICER
Enforce the Town of Mansfield General By -Laws as
out - lined in Chapter 8, Sections 1 through 14.
Care for dogs housed at the animal shelter in a
humane manner by providing:
1. clean shelter space;
2. nutritious food and water in sufficient quantities;
3. protection from the weather;
4. veterinary care to prevent suffering; and
5.- distemper vaccine to prevent the spread of disease.
Keep-complete records of all dogs housed at the animal
shelter by including:
1. date of impoundment and origin of dog;
2. description of type, color, sex, age and disposition;
date of adoption, or return to owner, or destroyed;
3. Name, address, telephone number and drivers license
number of all adopters and/or owners reclaiming their dogs;
4. dog license number of all dogs housed at the shelter;
5. date of veterinary treatment and type of treatment;
6. date of distemper vaccination.
Review all dog licenses for which three or more ordinance
violations have been assessed and report findings to the Animal
Welfare Committee /Chief of Police on a monthly basis.
Review all dogs that have not been licensed by their owners and
report findings to the Animal Welfare Committee /Animal Control
Officer on a monthly basis. .
Perform inspections on a yearly basis, sixty days prior to the start
of the permit period, for all commercial animal establislunents prior
to renewal of permits and report findings to the Animal Welfare
Conmiittee /Chief of Police, Licensing Authority and Permit
Granting Authority.
Perform inspections on a continuous basis for all new commercial
animal establishments prior to opening or change of ownership of a
connnercial animal establishment and report findings to the Animal
Welfare Committee /Chief of Police, Licensing Authority,
and the Permit Granting Authority.
Perform inspections on any commercial animal establishment or
dog owner/keeper for which a report of cruelty has been reported or
at the request of the Animal Welfare Committee /Chief of Police
and report findings to the Animal Welfare Committee /Chief of Police.
ELI
SECTION IV - LICENSING
a. Any person owning, keeping, harboring, or having custody of any dog
over six months of age within the Town of Mansfield must obtain a
license as herein provided.
b. Written application for licenses, which shall include name and address of
applicant, description of the animal, the appropriate fee, and rabies
certificate issued by a licensed veterinarian or anti - rabies clinic, and
proof of spaying /neutering of said dog issued by a licensed veterinarian,
shall be made to the licensing authority.
c. If not revoked, licenses for keeping of dogs shall be for a period of
one year.
d.
Application for a license must be made within thirty days
after obtaining a dog or when the dog reaches six months
of age; this requirement will not apply to a non- resident
keeping a dog within the Town of Mansfield for not
longer than sixty days.
e.
License fees shall not be required for certified Seeing Eye
dogs, hearing dogs, governmental police dogs, or other certified
dogs that are trained to assist the physically handicapped.
f.
Upon acceptance of the license application and fee, the licensing
authority shall issue a durable tag or identification collar, stamped
with an identifying number and the year of issuance. Tags should
be designed so that they may be conveniently fastened or riveted
to the dog's collar or harness.
g.
Dogs must wear identification tags and collars at all times when
off the premises of the owners.
h.
The licensing authority shall maintain a record of the identifying
tags issued and shall make this record able to the public at all times.
i.
The licensing period shall begin April I" and shall run until March 31st,
both dates inclusive. A license application may be made thirty days
prior to, and up to thirty days after, the start of the licensing period.
j.
Effective January 1990, the licensing period shall begin January 1st
and shall run until December 31st, both dates inclusive.
A license application may be made thirty days prior to the start
of the licensing period and up to April 30th.
Amended 2003 k.
Persons who fail to obtain a license as required with the
time period specified in this section will be subject to a
late fee of $15.00.
Amended 2003 1.
A license shall be issued after payment of the following
fee:
W.
Unneutered Male Dogs $15.00
Neutered Male Dogs $10.00
Unspayed Female Dogs $15.00
Spayed Female Dogs $10.00
A duplicate license may be obtained upon payment of a
$1.00 replacement fee.
No person may use any license for any dog other than the
dog for which it was issued.
Amended: 2013
SECTION V — PERMITS
a. No person, partnership, or corporation shall operate a
couunercial animal establishment or animal shelter without
first obtaining a permit in compliance with this section.
b. The permit granting authority shall promulgate regulations for
the issuance of permits and shall include requirements for humane
care of all animals and for compliance with the provisions of this
ordinance and other applicable laws. The permit granting authority may
amend such regulations from time to time as deemed necessary
for public health and welfare and for the protection of animals.
c. A permit shall be issued upon payment of the applicable fee and when
a permit applicant has shown that he is willing and able to comply
with the regulations promulgated by the permit granting authority,
and an inspection of facility has been satisfactorily completed by
the Animal Control Officer and signed off by the Animal Welfare
Committee /Chief of Police.
d. Reapplications for a permit shall follow the same procedures as outlined
in Section 4.c. and must be reinspected on a yearly basis by the Animal
Control Officer.
e. The permit period shall begin April Ist and shall run for one year, until
March 31st, both dates inclusive. Renewal applications for permits shall
be made thirty days prior to and up to thirty days after, the start of the
permit period. Application or a permit to establish a new commercial
animal establishment under the provisions of this ordinance may be made
at any time prior to opening the commercial animal establishment.
f Effective January 1990 the permit period shall begin January 1st and shall
run until December 31st, both dates inclusive. A permit application may
be made thirty days prior to the start of the permit period and up to April
30th.
g. If there is a change in ownership of a commercial animal establishment,
within thirty days the new owner must have the current permit
transferred to his name upon payment of a $10.00 transfer fee after the
Animal Control Officer has inspected the premises.
8 -7
Amended: 2003 h. Annual permits shall be issued upon payment of the applicable fee:
Kennel authorized to house fewer than four dogs $25.00
Kennel authorized to house more than four dogs,
but less than ten dogs $50.00
Kennel authorized to house more than ten dogs $85.00
Pet Shop $50.00
Riding Stable $50.00
Grooming Shop $50.00
No fee may be required of any veterinary clinic and/or hospital
or animal shelter.
Failure to obtain a permit before opening any facility covered
in this section shall result in a fine of $100.00.
Any person who has a change in the category under which a
permit was issued shall be subject to reclassification and
readjustment of the permit fee.
Amended SECTION VI - LICENSE AND PERMIT ISSUANCE AND REVOCATION
2013
a. After an application is filed, the Animal Control Officer shall inspect the
facility prior to the Permit Granting Authority issuing the permit.
The Permit Granting Authority may revoke any permit of any
commercial animal establishment if the applicant refuses or fails
to comply with Section 5 and Section 6 of this by -law, the regulations
promulgated by the Permit Granting Authority, or any law governing
the protection and keeping of animals.
b. Any person whose permit or license is revoked shall, within ten days
thereafter, humanely dispose of all animals owned, kept, or harbored.
No part of the permit or license fee shall be refimded.
c It shall be a condition of the issuance of any permit or license that the
Animal Control Officer and Police shall be permitted to inspect all
animals and the premises where animals are kept at any time and shall,
if permission for such inspection is refused, revoke the permit or license
of the refusing owner.
d. If the applicant has withheld or falsified any information on the application,
the Permit Granting Authority shall refuse to issue a permit or license or revoke
any permit or license already issued.
e. No person who has been convicted of cruelty to animals shall
issued a permit or license to operate a commercial animal establishment or
own/keep any domestic animals in the Town of Mansfield.
E.I:1
f Any person having been denied a license or permit may not reapply
for a period of thirty days. Each reapplication shall be accompanied
by a $10.00 fee.
SECTION VII - RESTRAINT
a. All dogs shall be kept under restraint.
b. No owner /keeper shall fail to exercise proper care and control of his
dogs to prevent them fiom becoming a public nuisance.
c. Every female dog in heat shall be confined to a building or secure
enclosure in such a manner that such female dog cannot come into
contact with a male dog except for planned breeding.
d. Every female dog in heat in violation of Section 7.c. shall be subject
to a fine of $25.00.
Amended
2013 e. A dangerous dog, as determined by the Board of Selectmen, shall be
restrained/euthanized following the Board of Selectmen's determinations
per MGL chapter 140, section 158.
Amended:
2013
SECTION VIII — IMPOUNDMENT AND VIOLATION NOTICE
a. Unrestrained dogs and nuisance dogs shall be taken by the Animal Control
Officer and impounded in an animal shelter and there confined in a
humane manner.
b. If, by a license tag or other means, the owner of an impounded dog
can be identified, the Animal Control Officer shall immediately upon
impoundment notify the owner by telephone or certified mail.
Amended: 2011
C. An owner reclaiming an impounded dog shall pay a fine of $25.00
for first offense, plus $10.00 for each day the dog has been impounded.
Subsequent impounds shall be charged $50.00 for each impoundment,
plus $10.00 for each day the dog has been impounded, and subject to
the loss of dog license. If the impounded dog is found to be unlicensed,
the owner must obtain a license from the Licensing Authority prior to
reclaiming the impounded dog.
Amended
2013
Amended: 2011
Arnended:2013
d. The Town of Mansfield shall take ownership of any impounded dog not
reclaimed by its owner within ten consecutive working days from
the date of impoundment.
e. Impounded dogs shall be kept for not fewer than thirty days after the
Town of Mansfield has taken ownership, except in the absence of an
active Animal Welfare Committee, the Chief of Police may
authorize the destruction of an impounded dog at any time after the
10 day impoundment. Within the thirty days the Animal Control Officer
and/or the Animal Welfare Connnittee /Chief of Police may
place dogs in a suitable home or destroy dogs in a humane manner if
found to be vicious, sickly, or not suitable for placement.
f. No dogs shall be destroyed by the Animal Control Officer without prior
approval from the Animal Welfare Committee or the Chief of Police.
g. No dogs impounded by the Town of Mansfield shall be sold to
research institutions from the animal shelter.
h. In addition to, or in lieu of, impounding a dog found at large, the
Animal Control Officer, or Police Officer may issue to the known owner of
such dog a notice or ordinance violation. Such notice shall impose upon
the owner a penalty of $25.00 for the first violation or $50.00 for each
subsequent ordinance violations.
i. The owner of an impounded dog may also be proceeded against for
violation of this ordinance.
j. The Animal Control Officer shall review automatically all licenses issued
to dog owners against whom three or more ordinance violations have
been assessed.
k. The Animal Control Officer shall keep complete records of the care,
feeding, veterinary treatment and disposition of all dogs impounded at the
shelter.
SECTION IX - ANIMAL CARE
a. No owner or keeper shall fail to provide his animal with sufficient wholesome
and nutritious food, water in sufficient quantities, proper air, shelter space and
protection from the weather, veterinary care when needed to prevent suffering
and humane care and treatment.
WE
Amended
2013
b. It shall be urdawful for the owner or keeper of any dog, cat or ferret over
the age of six months of age to keep or maintain such animal unless the
animal has been vaccinated by a licensed veterinarian with anti - rabies
vaccine. Said anti - rabies vaccine must be kept current throughout
the life of the armnal as certified by a licensed veterinarian.
C. No person shall beat, cruelly ill- treat, torment, overload, or otherwise
abuse an animal; or cause, instigate, or permit a dogfight or other
combat between animals or between animals and humans.
d. No owner or keeper of a dog, cat or ferret shall abandon such dog, cat or
ferret
C. No person shall crop a dog's ears or dock a dog's tail, except
when performed by a licensed veterinarian.
f. Any person found in violation of Section 9 shall be subject to
fine of $50.00 and subject to the loss of dog license or permit if applicable.
SECTION X - ANIMAL WASTE
Amended: 2011
The owner or keeper of any dog shall be responsible for the removal of
any excreta deposited by his dog (s) on public walks, recreation areas,
or private property. Any owner or keeper in violation of this section
be fined $100.00.
SECTION XI - STERILIZATION
Amended: 2013
No unclaimed dog or cat shall be released for adoption without being sterilized
or without written agreement from the adopter guaranteeing that such dogs or
cats will be sterilized within thirty days for adults and a specified date in the
contract for pups or kittens under six months of age. A deposit of not less than
$40.00 for dogs or cats must be paid at the time of adoption for dogs or cats to
be sterilized after adoption.
Once the dog or cat has been sterilized the deposit will be refunded after
evidence from a licensed veterinarian of the sterilization procedure being
completed
SECTION XII - ENFORCEMENT
Amended: 2013
The civil and criminal provisions of this ordinance shall be enforced by those
persons or agencies designated by the Town of Mansfield. It shall be a violation
of this ordinance to interfere with an Animal Control Officer or Police Officer in
the performance of his/her duties.
8 -11
SECTION XIII - PENALTIES
Any person found violating any provision of this ordinance shall be
deemed guilty of a misdemeanor and shall be punished by a fine of
not less than $25.00 and not more than $100.00. If a violation continues,
each day's violation shall be deemed a separate violation. If any person
is found guilty by a court of Section 9, his permit to own, keep, harbor,
or have custody of animals shall be deemed automatically revoked and
no new permit may be issued.
SECTION XIV - CONFLICTING ORDINANCES
All other ordinances of the Town of Mansfield that are in conflict with
this ordinance are hereby repeated to the extent of such conflict.
SECTION XV - SEVERABILITY CLAUSE
If any part of this ordinance shall be held invalid, such part shall be
deemed severable and the invalidity thereof shall not affect the
remaining parts of this ordinance.
8 -12
CHAPTER NINE - SWIMMING POOLS
SECTION I
All swinuning pools hereinafter erected or now in existence capable of
containing a depth of water exceeding twenty -four inches at one point
shall be completely surrounded by a fence or wall not less than three feet
in height. The intent and purpose of such enclosure shall be to prevent
the accidental drowning or injury to small children and to secure the safety
of all pool users.
All gates, openings through such enclosure shall be not less than the same
height as the fence or wall and shall be equipped with a self - enclosing and
self - latching device placed three feet above the ground or otherwise made
inaccessible from the outside to small children.
Permits for the erection of said swimming pool must be obtained from the
Building Inspector.
For the purpose of this By -law, a swimming pool shall be considered as a
structure and must meet public health and safety standards while being
consistent with the requirements of zoning and building regulations
approved and adopted by the Town of Mansfield and approved by the
Commonwealth of Massachusetts.
Existing pools must have fence installation completed prior to use
for 1973 summer swimming or completed by June 30, whichever
occurs sooner.
2. This By -law shall not apply to aboveground swimming pools.
RE
CHAPTER TEN - COUNCIL ON AGING
SECTION I
The Board of Selectmen shall appoint a Council on Aging for the
purpose of coordinating or carrying out programs designed to meet
the problems of the aging in cooperation with programs of the
Commission of Aging established under Chapter 6, Section 73 of the
General Laws.
SECTION II
The Board of Selectmen shall appoint the Council on Aging consisting
of seven (7) members. Upon acceptance of this By -law, the Board shall
appoint three (3) members for three (3) years, two (2) members for
two (2) years, and two (2) members for one (1) year tem. Members can
be reappointed for consecutive terms. The members of the Council shall
serve without pay.
SECTION III
Whenever a vacancy shall occur in the membership of the Council by
reason of death, resignation, inability to act, or for any other reason, the vacancy
shall be filled by appointment by the Selectmen for the remainder of the term.
SECTION IV
The Council on Aging at its fast annual meeting and thereafter annually
in April of each year shall elect from its membership a president, first
vice president, second vice president, secretary and treasurer. Each officer
shall hold office until the next annual election. hi the event a vacancy
occurs in any of the offices above, the Council shall hold a special meeting
for the purpose of electing one of its members to fill such vacancy.
SECTION V
The Council shall prepare and submit an annual report of its activities to
the Town and shall send a copy thereof to the Commission on Aging.
SECTION VI
The Council may appoint such clerks and other employees as it may require.
10 -1
CHAPTER ELEVEN — DRINKING IN PUBLIC PLACES
SECTION I
Amended No person shall use or consume, or attempt to use or consume
1991 any alcoholic beverages as defined in Chapter 138, Section 1
of the Massachusetts General Laws, in or upon any public
place or place to which the public has a right of access as
invitees or licensees, including, but not limited to all public
ways, roads, sidewalks, parking lots, parks and cone ions,
cemeteries, municipal buildings and the grounds appurtenant
thereto, and schools and the grounds and athletic fields
appwtenait thereto and which shall include any motor vehicle
or bicycle when parked or moving upon any of the
aforementioned places or locations. A violation of this
By -Law shall be deemed a breach of the peace.
Added Service of Alcoholic Beverages under `Bring Your Own Bottle" Provisions
2013
No common victualler shall permit alcoholic beverages to be consumed in a restaurant that
is owned, operated, leased, maintained or otherwise controlled by the common victualler
-except pursuant to a valid license issued under Chapter 138 of the General Laws or
pursuant to permission issued by the Board of Selectmen pursuant to this by -law.
1 This by -law allows the Board of Selectmen to grant permission only to allow alcoholic
beverages to be brought by customers into and consumed in a restaurant which is owned,
operated, leased, maintained or otherwise controlled by the common victualler.
The establishment requesting to be allowed to serve alcohol under this "BYOB" by -law
agrees to abide by all legal standards to ensure safe and proper service to patrons in
accordance with all the guidelines and laws set forth by MA General Laws; the Alcoholic
Beverages Control Commission and the Rules and Regulations of the Town of Mansfield
governing establishments pursuant to MA General Laws Chapter 138 and this BYOB by-
law.
4. The Board of Selectmen shall promulgate Rules
and enforcement of this BYOB by -law. The
promulgate such Rules and Regulations shall no t
this BYOB by -law.
11 -1
and Regulations for the administration
failure of the Board of Selectmen to
.affect the validity or enforceability of
5. Whoever violates this BYOB by -law shall forfeit and pay for each offense a fine of one
hundred dollars ($100.00). The Board of Selectmen may also withdraw permission for
alcoholic beverages to be brought by customers into and consumed in a restaurant which
is owned, operated, leased, maintained or otherwise controlled by the common victualer.
The Board of Selectmen shall provide notice and an opportunity for a public hearing to
the common victualer before so withdrawing such permission.
6. As an alternative to the initiation of criminal proceedings, the Town Manager as
enforcing person or his agent may seek enforcement of this BYOB by -law through a non-
criminal proceeding in the district court pursuant to the provisions of General Laws,
Chapter 40, Section 21D., in which case the penalty for each violation shall be one
hundred dollars ($100.00).
7. Such proceeding shall be initiated by giving to the offender a vt2itten notice to appear
before the clerk of the district court during normal business hours, not later than twenty -
one days following 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 his required appearance. Such notice shall be signed by the
offender whenever practicable in acknowledgment that such notice has been received.
SECTION II
Nothing herein shall be construed to prohibit the duly licensed
use and consumption of said liquors as provided by law or the
use and consumption of said liquors in or upon private property
or dwellings as may be permitted by law.
SECTION III
Provided further that the Board of Selectmen acting as Licensing
Commission may grant a temporary permit for such consumption if
it is related to a Town or civic sponsored event, subject to any
conditions the Board of Selectmen may impose and in accordance
with all applicable General Laws.
11 -2
Added SECTION IV
1991
Any person convicted for violation of this By -Law shall be
punished by a fine not to exceed fifty dollars ($50.00) for
each offense.
11 -3
CHAPTER TWELVE — BUILDING CODE BOARD OF APPEALS
SECTION I
The Board of Selectmen shall appoint a Building Code Board
Of Appeals for the purpose of hearing appeals pertaining to a
building inspector's actions in accord with the provisions contained
in the State Building Code, Section 126.8, said Board to consist
of five (5) members: one member for five (5) years, one member
for four (4) years, one member for three (3) years, one member
for two (2) years, and one member for one (1) year and thereafter
each new member is to serve five (5) years or until his successor
has been appointed.
12 -1
CHAPTER THIRTEEN - RESTRICTION OF WATER USE
SECTION I
amended The Board of Selectmen acting as Water Commissioners shall have
1981 the authority to place restrictions on the use of municipal water. Such
restrictions shall include the hours and purpose of use and the quantity
of consumption. The Board of Selectmen shall by public notice post the
limitation of the restricted uses of water and the restrictions shall become
effective by public notice and publication in a newspaper of local circulation.
SECTION lI
Violations for water use:
1. Single Fancily Dwellings
a. The first violation shall result in a written warning.
b. The second violation shall result in the immediate
shutoff of water and a fine of $25.
c. All subsequent violations shall result in the immediate
shutoff of water and a fine of $100.
2. Multi- Family Dwellings (Defined as two or more dwelling
units in a single structure):
a. The first violation shall result in a written warning.
b. The second violation shall result in a fine of $50.
c. All subsequent violations shall result in a fine of $150.
3. Industrial and Conuuercial Buildings:
a. The first violation shall result in a written warning.
b. The second violation shall result in an immediate
shutoff of water and a fine of $50.
c. All subsequent violations shall result in the
shutoff of water and a fine of $150.
SECTION III
Fees to turn the water back on shall be paid to the Treasurer- Collector
before 3:00 PM Monday through Friday so that the water service can be
turned on before 4:00 PM.
Fees would be reimbursed if the person is found innocent in the courts.
13 -1
CHAPTER FOURTEEN - FEE SCHEDULE FOR THE TOWN CLERK
SECTION I
added The following is a schedule of fees to be charged by
1983 the Town Clerk's Office in accordance with the General Laws,
C. 262, S34, as amended by 5.73 of C. 329 of the Acts of 1980:
amended
Certified copy of a birth, death, or marriage certificate
$ 10.00
2003
Abstract copy of a birth and marriage
8.00
Filing of Notice of Marriage Intention and
Issuance of License
25.00
Correcting errors of the records of births,
deaths, or marriages
10.00
Entering a certificate of marriage filed by persons
married out of the Commonwealth
5.00
Entering a delayed record of birth
10.00
Amending a record of the birth of an illegitimate
child subsequently legitimized
10.00
Examining records or papers relating to birth,
death, or marriage upon the application of any
person, the actual expense thereof, but not
less than
5.00
Copying any manuscript or record pertaining
to a birth, death, or marriage record
5.00
(per page)
Recording a power of attorney
10.00
Recording certificate of registration granted
to a person to engage in the practice of
optometry; recording the name of the owner
of a certificate of registration as a physician
or osteopath, recording the name and address,
the date and number of the certificate issued
to a person registered for the practice of
podiatry and the issuance of a certified copy.
20.00
Filing and indexing assigmnent for the benefit
of creditors
10.00
amended
DBA: for filing certificate of a person conducting
2003
business any other than his/her real name
40.00
14 -1
amended DBA: filing a statement of change of residence,
2003 discontinuance of residence, retirement, withdrawal
from, or change of business location
$ 20.00
Furnishing certified copy of certificate of
person conducting business under any title
other than his real name or a statement by
such person of his discontinuance, retirement
or withdrawal from such business
5.00
Receiving and filing of a complete inventory
10.00
of all items to be included in a "closing out
(1st page)
sale," etc.
(2.00 add'1 page)
Filing a copy of written instrument or
declaration of trust by the trustees of an
association or trust or any amendment thereof
20.00
Furnishing voter identification card
5.00
Recording any other documents
10.00
(1st page)
(2.00 add'1 page)
Recording order granting location of poles,
piers, abutments or conduits, alterations
40.00
or transfers thereof, and increase in number
flat fee
of wires and cables or attachments under the
(10.00 add-1
provisions of Section 22, Chapter 166
streets)
Issuing and recording licenses to keepers of
intelligence offices
Issuing and recording license to junk dealers
100.00
Issuing and recording license to a junk collector
50.00
14 -2
CHAPTER FIFTEEN
CONSERVATION COMMISSION RULES AND REGULATIONS
TOWN OF MANSFIELD WETLAND PROTECTION BYLAW
Amended
1999 SECTION 1: PURPOSE AND AUTHORITY
The purpose of this bylaw is to protect the wetlands, related water resources,
and adjacent land areas in the Town of Mansfield by controlling activities
deemed by the Conservation Commission likely to have a significant impact,
or cumulative effect, upon wetland values, including, but not limited to, the
following: protection of public or private water supplies and groundwater,
flood control, erosion and sedimentation control, storm damage prevention,
water pollution control, protection of fisheries and wildlife habitat, and
preservation of open space [collectively, and hereinafter, "the wetland values ",
protected by this bylaw]. This bylaw is adopted under the Home rule
Amendment of the Massachusetts Constitution and the Home Rule Statues,
and is independent of the Wetlands Protection Act, MGL Chapter 131,
Section 40, and any regulations applicable to such Act.
SECTION 2: JURISDICTION
2.1 Except as permitted by the Conservation Commission, or as provided for
in this bylaw, no person shall remove, fill, dredge, build upon, or alter in
any other way, the following wetland resource areas: any freshwater wetland,
marsh, swamp, bog, or wet meadow [hereinafter "bordering vegetated wetland" or
"bvw "); any lake or pond, river or stream [hereinafter waterbody or waterway]; a
any bank, beach, or other type of edge adjacent to, or land under, said
waterbodies or waterways, any flood zone, as shown on the federal flood maps,
or determined by other engineering methodology, associated with said
waterbodies or waterways; any vernal pools certified by the State; any isolated
wetland area larger than 5,000 sq. ft. and /or any area defined as Isolated Land
Subject to Flooding [ISLF] under the Wetland Protection Act; wetland which is
identified by the State as the habitat site of a state - listed species [collectively, and
hereinafter, the "resource areas "]; or any land within 100 feet from the edge of any
of the above referenced resource areas [hereinafter the "buffer zone "].
15 -1
2.2 This bylaw shall not apply to the following activities:
1. Emergency projects necessary for the protection of the health or safety
of the residents of the Town of Mansfield.
2. Maintenance, repair, or replacement, without substantial enlargement,
of existing structures and facilities used to provide public [electric,
gas, water, sewage, rail transport, and telecommunication] services,
and existing public ways and associated drainage facilities, provided
that the Commission is notified prior to the initiation of said work.
3. Normal maintenance or improvement of land in existing agricultural
use.
4. Normal maintenance, repair, replacement, or improvement to any
existing private residential property or components, including, but not
Limited to: fences, hedges, gardens, lawns, retaining or stone walls,
patios, lamp posts, flag poles, or mailboxes. Project proponents must
thoroughly check with the Commission or its agent for applicability.
2.3 To insure that the resource areas are protected, and the wetland values are
preserved for all of the residents of the Town, the Commission is empowered
to deny permission for any alteration of any resource area if, in the judgment
of the Commission, such denial is necessary for the protection of the
identified wetland values. Due consideration shall be given to possible
effects of the proposed work on all of the wetland values listed in this bylaw.
2.4 To provide minimum protection for the wetland values and resource areas,
no activity, unless permitted in Section 2.5, shall be allowed within 25 feet
of any resource area [hereinafter "the no disturb zone "]. Further, the
Commission reserves the right to prohibit, or significantly condition,
through the issuance of an Order of Conditions, work between 25 -50 feet
away from any resource area. In determining whether to prohibit or
condition work within this area, the Commission will take into
account factors including, but not limited to, the slope of the adjacent
areas, the existing and proposed drainage patterns, the type of the proposed
adjacent land use and its potential for creating long -term impacts on the
resource areas and the wetland values.
Amended: 2010
2.5: : The following activities may be permitted within 25' of a resource area: the
creation of wetland replacement or mitigation areas, instalhnent of drainage
outfalls, grading work associated with additions to existing single- family homes,
work on existing commercial or industrial facilities that does not increase the
impervious area and has a positive impact to the resource area and its function and
value, the maintenance and construction of trails, resource improvement projects,
such as the cleaning of streams or the creation of park areas. These exceptions
will be reviewed on a case by case basis.
15 -2
2.6 Not withstanding the provision of Sections 2.4, 2.5, and 2.7, no activity,
associated with the construction of new subdivisions [including roadways,
drainage or utility systems, or individual homes] or commercial /industrial
projects, shall be performed within 100 feet of any certified Vernal Pool,
or any wetland which is identified by the State as the habitat site
of a state - listed species. If an addition to an existing residential structure
is proposed within 100 feet of a certified Vernal Pool, the Commission will
review this activity on a case -by -case basis, and issue conditions necessary
to provide for maximum protection to the pool in question, or deny the
project if no conditions are satisfactory to protect the pool.
Amended: July 2012:
If the 100 -foot radius around such a Vernal pool or wetland area intersects
an existing public roadway, then work may be allowed, through an Order of
Conditions, by the Commission to occur within the 100 -foot radius as long
as the proposed work area is on the opposite side of the street from the pool or
wetland area. If the State's Natural Heritage Program determines through a site
visit that the Vernal Pool or wetland area is not a significant habitat area, or if the
applicant demonstrates through a wildlife study performed by a qualified
consultant approved by the Commission that the Vernal Pool or wetland area is
not a significant habitat area, then the Commission may allow, through an Order
of Conditions, activity to occur within 100 -feet of said Vernal Pool or wetland
area.
2.7 The Commission may permit a project which proposes to alter a resource
area as long as the projects meets the definition of a "limited project" as
outlined in the DEP wetland regulations (see 310 CMR, section 10.53 (3)
of the October 6, 1997 edition, or corresponding section of any future
edition]. These proposed projects will also be reviewed on a case -by -case
basis.
The Commission may, at its own discretion, require, as part of an Order of
Conditions or as one of the Conditions attached to a Determination of
Applicability, the applicant to place a Conservation Restriction/Easement
upon the resource area(s) and certain areas with the 100 foot buffer zone
SECTION 3: ACTIVITIES WITHIN RESOURCES AREAS AND
ADJACENT BUFFER ZONES
It is presumed that work which is proposed to occur within any resource area
or within the buffer zone of any resource area has the potential to create
significant adverse impacts on the resource area. Therefore, any activity
proposed to occur within the resource area or the buffer zone area will require
15 -3
the filing of a Notice of Intent Application. The Commission may condition the
proposed activity to protect the resource area(s), or if no condition exists to
protect the area, then the Commission may deny the project. For activity
proposed to occur between 50 -100 feet away from any resource area [except a
Certified Vernal Pool], the applicant may file a Request for Determination
of Applicability [RDA]. If a RDA is filed, the Commission may permit,
with any necessary conditions, the work based on the plans submitted, or can
require the filing of a Notice of Intent.
SECTION 4: ADMINISTRATION
4.1 The Commission may, following a public hearing, adopt Regulations
for the administration and enforcement of this bylaw. Until such time
that any regulations are in place, the hearing procedures, timefiaimes,
definitions, application requirements, and any other administrative activities
contained within the MA Wetlands Protection Act and accompanying DEP
Regulations shall apply. All hearings held under this bylaw shall be
concurrent with hearings required by the MA Wetlands Protection Act.
Failure of the Commission to adopt regulations shall not nullify or
invalidate any section or provision of this bylaw. If any section of the
regulations is ruled invalid by any court of law, that action shall not
invalidate any provisions of this bylaw.
4.2 To clarify any section(s) of this bylaw, the Commission may
issue policy advisories.
4.3 For any property for which an application has been made, the Commission,
its agents or employees may enter onto said property for the purpose of
carrying out its duties under this bylaw. .
4.4 The Commission shall conduct public hearings for all applications filed
under this bylaw. The provisions of Section 4.1 shall apply for the
procedures of the required hearings.
SECTION 5: FEES AND BONDING
Amended: July 2012
Section 5.1:
Fees may be set and amended from time to time by a vote of a majority
of the Conservation Commission and approved by the Board of Selectmen. The
approved Filing Fee Schedule shall be filed with the Town Clerk.
15 -4
These fees are in addition to the fees established by Mass. DEP and required
under the state Wetlands Protection Act, Chapter 131, Section 40, and any
applicable regulations.
5.2 The Commission is authorized to require any applicant to pay the costs and
expenses of any expert or other consultant deemed necessary by the
Commission to review and comment on the application and all relevant
materials. The Cormnission shall choose the consultant(s) and outline the
scope of work. The vote to require the use of a consultant shall be made
by a super majority of the Commission [5 votes out of 7]. Only projects
that propose to directly alter any of the outlined resource areas shall be
subject to this provision.
For any project that involves the alteration of a resource area, the
Commission may require the posting of a bond, separate from
the bonding requirements of any other Town Board or Department,
to insure the successfrrl completion of the required replication
or mitigation procedures.
SECTION 6: BURDEN OF PROOF
The person filing an application with the commission shall have
the burden of proving by a preponderance of credible evidence
that the work proposed will not have a significant impact, or adverse
cumulative effects, upon the resource area(s) in questions and the
associated wetland values. Failure to provide adequate evidence to the
Commission supporting this burden shall be sufficient cause for the Commission
to deny a permit, or grant a permit with conditions necessary to provide
protection for the resource area.
SECTION 7: SEVERABILITY
The invalidity of any section or provision of this bylaw shall not invalidate ally
other section or provision thereof, not shall it invalidate any permit or
determination which previously has been issued.
15 -5
CHAPTER SIXTEEN - HANDICAPPED PARKING REGULATIONS
SECTION I - REQUIREMENT FOR HANDICAPPED PARKING SPACES
added No person shall park a motor vehicle, motor cycle or like means of transportation .
1987 in a designated parking space that is reserved for vehicles owned and
operated by disabled veterans or by handicapped persons unless said vehicle
bears the distinctive number plates authorized by Section Two of Chapter 90
of the General Laws. Any person or body that has lawful control of a
public or private way or improved or enclosed property used as off - street
parking areas for businesses, shopping malls, theaters, auditoriums, sporting
or recreational facilities, cultural centers, residential dwelling, or for any other
place where the parking spaces in said off - street parking areas for any vehicle
owned or operated by a disabled veteran or handicapped person whose vehicle
bears the distinguishing license plate authorized by Section Two of Chapter
Ninety of the General Laws. Any person or body that has lawful control of a
public or private way of improved or enclosed property used as off - street
parking areas for businesses, shopping malls, theaters, auditoriums, sporting
or recreational facilities, cultural centers, residential dwelling, or for any other
place where the public has right of access as invitees or licensees shall be
required to reserve parking spaces in said offstreet parking areas for businesses,
shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural
centers, residential dwelling, or for any other place where the public has right
of access as invitees or licensees shall be required to reserve parking spaces in
said off - street parking areas for any vehicle owned or operated by a disabled
veteran or handicapped person whose vehicle bears the distinguishing license
plate authorized by Section Two of Chapter Ninety according to the following
formula:
If the number of parking spaces in any such area is more than fifteen but
not more than twenty-five, one (1) parking space; more than twenty-five
but not more than forty, two (2) parking spaces; more than forty but not
more than one hundred, four percent of such spaces, but no less than three (3);
more than one hundred but not more than two hundred, three percent of
such spaces but not less than four (4); more than two hundred but not more
than five hundred, two percent of such spaces but not less than six (6);
more than five hundred but not more than one thousand, one and one -half
percent of such spaces, but not less than ten (10); more than one
thousand but not more than two thousand, one percent of such spaces but
not less than fifteen (15); more than two thousand but less than five thousand,
three fourths of one percent of such spaces but not less than twenty (20);
and more than five thousand, one half of one percent of such spaces but not
less than thirty (30).
16 -1
SECTION II - SIGN REQUIREMENTS FOR HANDICAPPED
PARKING SPACES
Parking spaces designated as reserved under the provision of Section One
of this article shall be identified by use of above grade signs with white lettering
against a black background and shall bear the words, " Handicapped Parking:
Special Plate Required. Unauthorized Vehicles may be removed at
Owners Expense." shall be as near as possible to a building entrance or walkway,
shall be adjacent to curb ramps or other unobstructed methods permitting-
sidewalk access to a handicapped person; and shall be twelve feet wide or two
eight -foot wide areas with four feet of cross hatch between them.
SECTION III - REGULATION OF UNAUTHORIZED VEHICLES
IN HANDICAPPED SPACES
Unauthorized vehicles shall be prohibited within parking designated for use
by disabled veterans or handicapped persons as unauthorized by Section One
of these by -laws or in such manner as to obstruct a curb ramp designated for use
by handicapped persons as a means of egress to a street or public way.
SECTION IV - PENALTY
The penalty for violation of this by -law is fifteen ($15) dollars.
16 -2
CHAPTER SEVENTEEN - FEE SCHEDULE FOR THE SEALER OF
WEIGHTS AND MEASURES
SECTION I
added The following is a schedule of fees to be charged by the Sealer
1983 of Weights and Measures:
Amended: Device Fee
2007
Balances and Scales
Over 10,000 lbs.
$75.00
5,000 to 10,000 lbs.
50.00
1,000 to 5,000 lbs.
30.00
100 to 1,000 lbs.
16.00
More than 10 lbs.,
less than 100 lbs.
10.00
10 lbs. or less
6.00
Weights
Avoirdupois
(Each) 3.00
Metric
(Each) 3.00
Apothecary
(Each) 3.00
Troy
(Each) 3.00
Liquid Measuring Meters
Inlet 1/2" or less oil, grease 6.00
Inlet more than 1/2" to 1" gasoline 16.00
Inlet more than 1 ", Vehicle tank pump 30.00
Linear Measure
Yard Sticks 3.00
Tapes 3.00
17 -1
CHAPTER EIGHTEEN - MANDATORY RECYCLING
SECTION I - TRASH DISPOSAL (RECYCLING)
added A. In order to implement a program of recycling in conjunction with
1989 ordinary waste collections, residents of every household whose hash
is collected by the Town or its agent shall separate waste materials
into the following categories before depositing same for collection:
Glass and cans
2. Paper
3. Other waste materials (as determined by the Board of Health)
B. The recyclables of (1) glass, (2) cans, and (3) paper shall be deposited
in containers supplied for this purpose. All such recyclables shall
become the property of the Town. The recyclables collected by the
Town shall be transported to and disposed of at a Materials Recovery
Facility.
C. The Board of Selectmen with approval of the Board of Health shall
negotiate a contract with the Materials Recovery Facility which is
economically acceptable. This by -law shall not take effect until a
Material Facility commences operation and shall then take effect
within six months after the facility commences operation.
D. Any person violating any provision of this by -law or the regulations
enacted hereunder shall be fined not more than fifty dollars ($50.00)
for each offense.
E. This by -law and the various parts, sentences, sections and clauses thereof,
are hereby declared to be severable. If any part, sentence, section or
clause is adjudged invalid, it is hereby provided that the remainder of this
by -law shall not be affected thereby.
WIN
CHAPTER NINETEEN - ABANDONMENT AND IMPROPER
STORAGE OF VEHICLES
SECTION I - ABANDONMENT OF VEHICLES
added Except as to vehicles for which other provisions are made under
1989 the Laws of the Commonwealth of Massachusetts, no person shall
abandon any vehicle at any place within the Town, and no person shall
leave any vehicle at any place within the Town for such time and under
such circumstances as to cause it to reasonably appear that such vehicle
has been abandoned.
SECTION II - LEAVING OF CERTAIN VEHICLES
Except as to vehicles for which other provisions are made under the Laws
of the Connnonwealth of Massachusetts, no person shall leave any partially
dismantled, wrecked, junked, non - operative or discarded vehicle upon any
street or other public ground in the town, or upon any private property
therein, without the permission of the Chief of Police or his designee or the
owner or lessee of said property.
SECTION III - DISPOSITION OF CERTAIN VEHICLES
No person in charge or control of any land or premise in the Town, whether
as owner, occupant, lessee or otherwise, shall allow any partially or totally
dismantled, wrecked, junked, non- operative, discarded or unregistered
vehicles or trucks to remain on such property longer than ten (10) days;
except if said vehicle is in an enclosed building or in an area unexposed
to the view of the public or any abutters; a vehicle on the premises of a
business enterprise operated in a lawful place and manner when necessary
to the operation of such business enterprise; a vehicle stored or parked
pursuant to a written permit issued at the discretion of the Chief of Police
or his designee after due investigation and hearing by the Chief of Police
or his designee, a vehicle upon an area properly licensed under Chapter 140
of the General Laws; or a vehicle in an appropriate storage place or depository
maintained by the Town with the consent of the Town. In no event will an
unregistered, unsightly vehicle be permitted to be stored in a front yard.
19 -1
CHAPTER TWENTY - SCENIC ROADS
added I. PURPOSE
1991
The purposes of the Scenic Road By -laws are to:
1. Preserve and enhance the natural beauty and historic character of
Mansfield's scenic roads.
2. To protect all trees and stone walls within the town -owned
right -of -way from illegal removal or cutting, injury or degradation.
3. Provide a process by which application for removal of trees or stone
walls along a scenic road may be evaluated while preserving the scenic,
historic, and other community values which help define the character
of the Town of Mansfield's landscape.
llWli) 961363 M
These regulations are adopted in accordance with Massachusetts General
Laws, Chapter 40, Section 15 -C.
III. DEFINITIONS
Scenic Road -- Any street or way within the Town of Mansfield
where such scenic road status has been duly voted at Town Meeting
in accordance with Massachusetts General Laws, Chapter 40,
Section 15 -C.
Tree -- Any deciduous or non- deciduous wood perennial plant
having a trunk, branches, leaves and a caliper of one and
one -half (1 1/2 ") inches measured one (1') foot above the ground.
Cutting or Removal -- The felling of a tree or displacement or
destruction of a stone wall by hand or mechanical device.
Tearing Down or Destruction -- Removal in whole or in part
of a stone wall by hand or mechanical device.
Repair -- Make improvements to the existing roadway surface,
its shoulders, guardrails, bridges, or adjacent sanitary sewer
or drainage structures.
Maintenance -- Cleaning, sweeping, sanding, and plowing of
the roadway and trimming of grass, weeds, or brush within the
right -of -way.
Reconstruction -- The rebuilding of roadway within the existing
road layout.
20 -1
Paving Work -- The surfacing or resurfacing in whole or
in part of the existing roadway or installation of driveways, access ways,
or streets when such driveways, access ways, or streets enter onto a scenic way.
W. PROCEDURE AND CRITERIA FOR DESIGNATION
AS A SCENIC ROAD
1. A public way may be designated a scenic road following a favorable
majority vote at Town Meeting.
2. A petition for scenic road status may come as a result of any one or
combination of the following:
a. Citizens petition in accordance with the procedure set out in
Home Rule Charter, Town of Mansfield, Massachusetts as amended.
b. Recormnendation by the Planning Board, Conservation Commission,
or Historical Commission.
3. Petition for scenic road status should consider the following:
a. The unique character of the way as a result of its natural or
man made features.
b. The historic significance of the way.
c. The cultural importance of the way as it relates to community
values, identity, or historic character of the Town of Mansfield.
V. PUBLIC HEARING
Once a way has been given scenic road status, any repair,
maintenance, reconstruction, or paving work shall not involve
or include the following without a public hearing with
statutory notice and prior written consent of the Planning Board.
1. Cutting or removing of trees within the town -owned right -of -way.
2. Tearing down or destruction of stone walls, or portions thereof
within the town -owned right -of -way.
It shall be the responsibility of the applicant to file a written request
to the Planning Board for a public hearing. In addition, the applicant
shall pay the cost of advertising said hearing and a one hundred fifty
dollar ($150.00) filing fee.
20 -2
Following the conclusion of the public hearing, the Planning Board shall
issue a written decision, and if permission is granted to cut trees or
remove stone walls, the Planning Board shall give its consent in writing.
VI. PLAN SUBMISSION
The following material and information shall be submitted at the time of the
request for a public hearing:
A written request for the public hearing and a one hundred and fifty
dollar ($150.00) filing fee.
2. A locus drawn at a scale of one inch equals one thousand feet (1" = 1000').
3. A plan of land drawn at a scale of one inch equals twenty feet (1" = 20'),
one inch equals thirty feet (1" = 30'), one inch equals forty feet (1" = 40'),
one inch equals fifty feet (I" = 50'), or one inch equals sixty feet (1 "= 60').
4. Said plan shall include a north point, scale, and legend.
5. The existing scenic way including the entire right -of -way and full extent
of paved surface shall be shown.
6. Any and all proposed driveways, utilities, access ways, or streets and
their intersection with the existing scenic way shall be shown.
All trees for which the applicant seeks permission to remove having a
caliper of one and one half (1 1 /2 ") inches measure one (1') foot above
the ground shall be shown.
All stone walls that are proposed to be removed or torn down or any
portion thereof shall be shown.
Any additional information the applicant wishes to submit shall be submitted
at the time of the application.
In addition, the applicant shall adequately mark the trees or stonewall to be
removed to allow site inspection by the Planning Board and interested parties.
VII. ENFORCEMENT
Enforcement of the by -law shall be by the Tree Warden. Any person who fails
to obtain written consent to remove trees or stonewalls prior to doing so shall
be fined a minimum of fifty dollars ($50.00) per violation. Each tree cut or
stone removed shall be considered a separate violation.
20 -3
VIII SEVERABILITY
The provisions of this by -law are hereby declared to be severable. Any
provisions herein held to be invalid shall not effect the validity of
the remaining provisions of this by -law.
20 -4
CHAPTER TWENTY -ONE - FIRE DEPARTMENT REGULATIONS
Added SECTION I - FIRE ALARM SYSTEMS
1991
A. DEFINITIONS
When used in this chapter, unless contrary intention clearly appears,
following words and phrases shall have the following meanings:
Revised: 2011
1) "Fire Alarm System ": A system or portion of a combination system that consists
of components and circuits arranged to monitor and annunciate the status of fire
alarm or supervisory signal- initiating devices and to initiate the appropriate
response to those signals, capable of transmitting a fire alarm signal to the
Mansfield Fire Department via telephone or radio
Added Wording: 2011
2) "Fire Alarm System Malfunction ": The transmittal of a fire alarm
to the Mansfield Fire Department via the telephone or radio which alarm
is caused by a malfunction. For the purposes of this by -law, a malfunction is
defined as the failure of a fire alarm system to operate in the normal or usual
mamrer due to improper installation or maintenance and/or mechanical defect(s)in
the system, resulting in the transmittal of a needless alarm signal to the Mansfield
Fire Department.
Added Wording: 2011
3) "Fire Alarm System Owner ": An individual or entity who owns the title
to and/or has on his business a fire alarm system equipped to send a fire
alarm signal to the Mansfield Fire Department. Excluded from this definition are
single family residential properties, two - family residential properties, municipal
county, state and federal properties.
4) "Half -year Period ": January 1 through June 30 or July 1 through
December 31, as the case may be, of any calendar year.
Added New Word: 2011
5) "Radio Master Box Owner ": An individual or entity who has on his business a
fire alarm system equipped to send a fire alarm signal directly to the
Mansfield Fire Department via a master box.
6) "Maliciously Induced Alarm ": An owner will not be assessed a fine
for maliciously induced alarm but a criminal complaint shall be brought
against the initiator of the alarm. The authority having jurisdiction will
determine through proper investigation whether or not the alarm was false
or maliciously induced.
21 -1
The Fire Chief may promulgate such rules as may be necessary for the
implementation of this by -law.
C. Section 116. Connection of Fire Alarm Systems to the Mansfield Fire
Department via a Radio Master Box.
Before the fire alarm system is connected to the Mansfield Fire Department,
the master box owner shah provide the Fire Chief or his designee with
the following information:
1. The name, address, and home and work telephone numbers of the master
box owner;
Added Wording: 2011
2. The street address where the radio master box is located;
Added Wording: 2011
3. The names, addresses and telephone numbers of the persons or
businesses protected by the fire alarm system connected to the radio master
box; and
Added Wording: 2011
4. The names, addresses and home and work telephone numbers of at
least two persons other than the owner who can be contacted twenty -four
hours a day, who are authorized by the master box owner to respond to
an alarm signal and who have access to the premises in which the radio master
box is located.
Added: 2011
a. Radio Master Box owners shall pay to the Town of Mansfield an annual assessment
of $200.00, payable on or before June 30 of each year, for each radio master box
owned by a radio master box owner. Failure of the radio master box owner to pay
the assessed fee to the Town of Mansfield by the date due may subject the owner of
the radio master box to be fined fifty dollars ($50.00) per day for each day that the
assessment remains unpaid.
b. If at passage of this by -law a fire alarm radio system has already been comnected
to the Mansfield Fire Department via a master box, the master box owner
shall comply with the requirements of this section within sixty (60) days
after the Mansfield Fire Department has receipt of a registered/return
receipt letter of the requirements of this section.
c. If a master box owner fails to comply with this section, the Fire Chief or his
designee may assess a fine of fifty dollars ($50.00) for each day of non - compliance.
21 -2
D. Section 117. Connection of Station Operating Companies to the
Mansfield Fire Department.
Before the central station operating company is connected with the Mansfield
Fire Department it shall provide the Fire Chief or his designee with the
following information:
1. The name, address and telephone numbers of the central station operating
company;
Added: 2011
2. The name, addresses and telephone numbers of the persons or businesses protected
by the fire alarm system connected by the central station operating company;
3. A copy of the central station operating company's certification from a nationally
recognized listing company as a central station operating company;
4. The names, addresses, and home and work telephone numbers of at least
two persons who can be contacted twenty-four hours a day, who are
authorized by the central station operating company to respond to an alarm
signal and who have access to the premises from where the alarm signal
is emitting to the central station operating company;
and
The name, address, home and work telephone numbers, and the location
of the premises of each customer of the central station operating company
who has a fire alarm system equipped to send a fire alarm signal to the
central station operating company.
If at the passage of this by -law a central station operating company already
has a direct connection to the Mansfield Fire Department, the central station
operating company shall comply with the requirements of this section within
sixty (60) days after the Mansfield Fire Department has receipt of a
registered /return receipt letter of the requirements of this section.
If a central station operating company fails to comply with this section, the
Fire Chief or his designee may assess a fine of fifty dollars ($50.00) for each
day of non - compliance.
21 -3
E. Section 118. Updating Information.
Added Word: 2011
Every radio master box owner and every central station operating company shall be
responsible for updating the information herein required to be provided to the
Fire Chief or his designee. If the information provided changes, the radio master
box owner and the.central station operating company shall provide the Fire
Chief or his designee with the updated changes by the first day of the month
following the changes. If a radio master box owner or a central station operating
company fails to comply with this section, the Fire Chief or his designee shall
assess a fine of fifty dollars ($50.00) for each day of non - compliance.
F. Testing of Equipment
a. No alarm system designed to transmit emergency messages directly to the
Fire Department via radio master box shall be worked on, tested or demonstrated
without obtaining permission from the Fire Department. Permission is not required to
test or demonstrate alarm devices not transmitting emergency messages directly to the
Fire Department. An miauthorized test shall constitutes a false alarm.
G. Burn in Period.
a. A burn in period of thirty (30) days from final inspection
will be granted during which time no fines will be assessed.
H. Penalties.
Added Wording: 2011
a. Upon receipt of three (3) or more false alarms within a six (6) month period multi-
family residential or from commercial/industrial properties, the Fire Chief or his
designee may assess a fine pursuant to Massachusetts General Laws, Chapter 40,
Section 21 against the fire alarm system owner.
b. The following acts and omissions shall constitute violations of this
by -law punishable by the fines as herein provided:
An alann user whose alarm system transmits or otherwise causes more than
three (3) false alarms in a six (6) month period shall be assessed a fine
according to the following schedule:
1) fourth false alarm $100.00
2)
fifth false alarm
$150.00
3)
sixth false alarm
$200.00
4)
seventh false alarm
$250.00
5)
eighth and any subsequent false alarms
$300.00
21 -4
An alarm user who fails to comply with any of the requirements of paragraph F
of this by -law relative to the testing of equipment shall be punished by a fine of
$300.00.
I. SEPARABILITY
If any clause, sentence, paragraph, or part of this local law or the application
thereof to any persons or circumstances shall for any reason be adjudged by a
Court to be invalid, such judgment shall not affect, impair or invalidate the
remainder and the application thereof to other persons or circumstances but
shall be confined in its operation to the clause, sentence, paragraph or part
thereof directly involved in the controversy, in which such judgment shall
been rendered, and to the person or circumstances involved.
Added SECTION L• SECURED KEY ACCESS SYSTEMS
2001
Any building other than a residential building of less than six (6) units
that has a fire alarm system, sprinkler system or other fire protection
devices installed shall provide a secured key box installed in a location
accessible to the Fire Department in case of emergency. This key box
shall contain entry keys, keys to fire alarm control panels and other
keys necessary to operate or service fire protection systems and
devices.
Any property required by paragraph A that is protected by a gated
fence shall install a Padlock on the gate, which is keyed with the
same key used to open the lock boxes described above.
SECTION II: TYPE AND INSTALLATION
These key boxes and padlocks shall be a type approved by the
Fire Chief and shall be located and installed as approved by the
Fire Chief or his designee.
SECTION III: RETROACTIVITY
This by -law shall be retroactive to all such buildings within the Town
of Mansfield. Existing buildings shall have six (6) months to comply
with this by -law after receiving due notice from the Fire Department.
In the case of new construction, such key boxes, padlocks and keys
shall be provided prior to occupancy and /or final inspections.
21 -5
SECTION IV: CABINET STYLE VAULTS
Cabinet style vaults for hazardous materials information, Material
Safety Data Sheets, site plans, floor plans and other pertinent
building information shall be used when the property has
hazardous material on site or in the building or otherwise
determined by the Chief of Department or his designee.
SECTION V: RESPONSIBILITY
The owner or occupant is responsible for the ordering and
installation of said equipment by picking up an approved order
form from the Fire Department.
SECTION VI: ALARMS & LOCKS
The secured access system and cabinet style vault shall have a
single lock and may be tied into an alarm system by means of
switch to indicate that an entry has been made. If the building
is protected by a burglar system this alarm switch may be
connected so that if the box is opened or removed from the
building, an alarm will sound.
SECTION VII: FINES
Any building owner violating this by -law, after receiving due notice
from the Fire Department, shall be subject to a fine of fifty dollars
($50.00) a week.
21 -6
CHAPTER 22 - LICENSES AND PERMITS
SECTION I
added The Board of Selectmen, when issuing or renewing any license for
1991 a period of five years or greater, may include provisions for the
imposition of fines of up to $300.00, if they should determine
non - compliance with any of the terms of the license.
SECTION II
added (A) The tax collector or other municipal official responsible for records
1992 of all municipal taxes, assessments, betterments and other municipal
charges, hereinafter referred to as the tax collector, shall amorally furnish
to each department, board, commission or division, hereinafter referred
to as the licensing authority, that issues licenses or permits including
renewals and transfers, a list of any person, corporation, or business enterprise,
hereinafter referred to as the party, that has neglected or refused to pay
any local taxes, fees, assessments, betterments or other municipal charges
for not less than a twelve -month period, and that such party has not filed
in good faith a pending application for an abatement of such tax or a pending
petition before the appellate tax board.
Amended (B) The licensing authority may deny, revoke or suspend any license or
1998 permit, including renewals and transfers of any party whose name appears
on said list furnished to the licensing authority from the tax collector or with
respect to any activity, event or other matter which is the subject of such license
or permit and which activity, event or matter is carried out or exercised or is to
be carried out or exercised on or about real estate owned by any party whose
name appears on said list furnished to the licensing authority from the tax
collector; provided, however, that written notice is given to the party and
the tax collector as required by applicable provisions of law, and the party
is given a hearing, to be held not earlier than fourteen days aftersaid notice.
Said notice shall be prima facie evidence for denial, revocation or suspension
of said license or permit to any party. The tax collector shall have the right to
intervene in any hearing conducted with respect to such license denial, revocation
or suspension. Any findings made by the licensing authority with respect to such
license denial, revocation or suspension shall be made only for the purposes of
such proceeding and shall not be relevant to or introduced in any other proceeding
at law, except for any appeal from such license denial, revocation or suspension.
22 -1
Any license or permit denied, suspended or revoked under this section
shall not be reissued or renewed until the licensing authority receives a certificate
issued by the tax collector that the party is in good standing
with respect to any and all local taxes, fees, assessments, betterments
or other municipal- charges, payable to the municipality as the date of
issuance of said certificate.
Any party shall be given an opportunity to enter into a payment agreement,
thereby allowing the licensing authority to issue a certificate indicating said
limitations to the license or permit and the validity of said license shall be
conditioned upon the satisfactory compliance with said agreement. Failure
to comply with said agreement shall be grounds for the suspension or
revocation of said license or permit; provided, however, that required by
applicable provisions of law.
The Board of Selectmen may waive such denial, suspension or revocation
if it finds there is no direct or indirect business interest by the property
owner, its officers or stockholders, if any, or members of his inunediate
family, as defined in section one of chapter two hundred and sixty -eight
in the business or activity conducted in or on said property.
This section shall not apply to the Following licenses and permits: open
burning; section thirteen of chapter forty- eight; bicycle permits; section
eleven A of chapter eighty -five; sales of articles for charitable purposes;
section thirty -three of chapter one hundred and one; children work permits;
section sixty -nine of chapter one hundred and forty -nine; clubs, associations
dispensing food or beverage licenses; section twenty -one E of chapter one
hundred and forty; dog licenses; section one hundred and thirty seven of
chapter one hundred and forty; fishing; hunting; trapping license; section
twelve of chapter one hundred and thirty -one; marriage licenses; section
twenty -eight of chapter two hundred and seven and theatrical events;
public exhibition permits; section one hundred and eighty -one of.chapter
one hundred and forty.
22 -2
CHAPTER TWENTY -THREE - LITTERING
Added SECTION 1 - DEFINITIONS
1991
For the purpose of this chapter, the following terms, phrases, words, and
their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used in the
singular number includes the plural number. The word "shall' is always
mandatory and not merely directory.
1.1 "Garbage" is animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
"Litter" is "garbage ", "refuse", and "rubbish" as defined herein and
all other waste material which, if thrown or deposited as herein
prohibited, tends to create a danger to public health, safety, and
welfare and an offense to the use and enjoyment of the enviromnent.
1.3 "Private Premises" is any dwelling, house, building, or other structure,
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway,
porch, steps, vestibule or mailbox belonging or appurtenant to such
dwelling, house, building or other structure.
"Public Place" is any and all streets, sidewalks, boulevards, alleys
or other public ways or ways to which the public has a right of access
and any and all public or Town parks, commons, squares, spaces,
grounds and buildings.
"Refuse" is all solid wastes, including garbage, rubbish, ashes
trash bags, dead animals, abandoned boats, automobiles, trucks,
or tires, and solid market and industrial wastes.
"Rubbish" is solid wastes consisting of both combustible and
non - combustible wastes, such as paper, newspaper, wrappings,
cigarettes, cardboard, tin cans, stumps, yard clippings, branches,
leaves, wood, glass, bedding, crockery, bottles and similar materials.
23'- 1
SECTION 2 - LITTER IN PUBLIC PLACES
No person shall throw or deposit litter in or upon any street, sidewalk,
conservation land, school property, park or other public places within the
limits of the Town except in public receptacles, in private receptacles for
collection, if authorized, or in official Town of Mansfield designated
disposal areas.
SECTION 3 - LITTER ON OCCUPIED PRIVATE PROPERTY
No person shall throw or deposit litter on any occupied private property
within the Town, whether owned by such person or not, except that the
owner or person in control of private property may maintain authorized
private receptacles or structures for collection in such a manner that litter
will be prevented from being carried by the elements or deposited upon
any street; sidewalk or other public place or upon any private party.
SECTION 4 - LITTER ON VACANT LOTS
No person shall throw or deposit litter on any open or vacant
property within the Town whether owned by such person or not, unless
duly licensed by the Board of Health under applicable provisions of the
General Laws of the Commonwealth or by -laws of the Town of Mansfield.
SECTION 5 - LITTER IN WATER AREAS
No person shall throw or deposit litter into or upon any pond, lake, stream,
river, fountain, swamp, or any wetland as defined in the Massachusetts
General Laws, or within any water shed or water protection area, located
within the limits of Mansfield.
SECTION 6 - LITTER THROWN BY PERSONS IN VEHICLES
No person, while an operator or passenger in a vehicle, shall throw,
cause to be thrown, or deposit litter upon any street or along the side
of any street or other public place within the Town, or upon private
property whether populated, unpopulated, or a wooded area.
23-2
SECTION 7 - TRUCK LOADS CAUSING LITTER
No person shall drive or move any truck or other vehicle within
the Town unless such vehicle is so constructed, covered, or loaded
so as to prevent any load, contents or litter from being blown or
deposited upon any street, alley or other public or private place;
and all such vehicles, when so required, shall be duly licensed according
to the provisions of the General Laws of the Commonwealth and the
rules, regulations, and by -laws of the Town of Mansfield.
SECTION 8 - DROPPING OF LITTER FROM AIRCRAFT
No person in any aircraft shall throw out, drop, or deposit any
within the limits of the Town.
SECTION 9 - THROWING LITTER INTO GUTTERS PROHIBITED
No person shall throw, sweep or deposit into any gutter, street, roadside
or other public place within the Town of Mansfield the accumulation of
litter from any buildings or lot or from any public or private sidewalk or
drive.
SECTION 10 -PENALTIES
Any person violating any of the provisions of this chapter, shall be deemed
to have committed a misdemeanor, and upon prosecution and conviction
thereof shall be fined in an amount not exceeding one hundred dollars.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder, or as otherwise
may be provided in the General Laws of the Commonwealth.
23 -3
CHAPTER TWENTY- FOUR: INTEREST ON UNPAID UTILITY CHARGES
SECTION I
If any bill for municipal sewer or municipal water charges remains unpaid
after the due date duly established by the Selectmen, interest at the rate of
fourteen (14 %) percent per annum shall be paid on the unpaid amount. Such
interest shall be computed for said due date or the date which is thirty (30
days after the date on which such municipal sewer or water bill was mailed by
the Town, whichever is later.
Brownfields Tax Agreement
L Purpose: By adopting Massachusetts General Law Chapter 59, Section 59A
(`Brownfield Legislation "), the Town is able to make agreements regarding the
payment of outstanding real estate taxes, interest and penalties, including the
abatement of those amounts necessary to make the cleanup and redevelopment of
a contaminated property economically feasible. This section will provide the
procedure for the award of such tax agreements.
11. Brownfields Committee: The Brownfields Committee shall be composed
of the Town Manager, the Town Planning Director, and the AssistantAssessor /Office
Manager.
111. Brownfields Committee's Scope of Authority: The Brownfields Committee
shall have the authority to negotiate and propose tax agreements encompassing
any or all of the following: reductions of outstanding taxes, interest, and/or
penalties.
Approval of Brownfields Tax Agreements: Upon approval by a 4/5 vote of
All the members of the Selectmen and by a 2/3 vote of the Board of Assessors, the
Town Manager shall be authorized to enter a Brownfields Agreement on behalf
of the Town of Mansfield. Except however, a Brownfields Tax Agreement that
would cause a deficit in the tax overlay account for any fiscal year, shall also
require approval of a majority vote at a town meeting.
24 -1
Added:
2006
STORMWATER MANAGEMENT BY -LAW
Part A: Illicit Discharges to the Municipal Storm Drain System
SECTION 1. PURPOSE
A. Increased volumes of stormwater and contaminated stormwater runoff are major
causes of:
impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and
groundwater;
contamination of drinking water supplies;
alteration or destruction of aquatic and wildlife habitat; and
flooding.
The United States Enviromnental Protection Agency has identified land disturbance and polluted
stormwater as major sources of water pollution. Regulation of illicit connections and discharges
to the municipal storm drain system is necessary for the protection of the Town of Mansfield's
water bodies and groundwater, and to safeguard the public health, safety, welfare and the natural
resources of the Town.
The objectives of this by -law are:
to prevent pollutants from entering the Town of Mansfield's municipal storm drain system;
to prohibit illicit connections and unauthorized discharges to the Town;
to require the removal of all such illicit connections;
to comply with state and federal statutes and regulations relating to stormwater discharges;
and
to establish the legal authority to ensure compliance with the provisions of this by -law
through inspection, monitoring, and enforcement;
to supplement the Board of Health Regulation on the Disposition of Motor Oil, dated April
20, 1989, as hereafter amended.
SECTION 2. DEFINITIONS
For the purposes of this by -law, the following shall mean:
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.) as hereafter amended.
25 -1
DISCHARGE OF POLLUTANTS: The addition from any source of any pollutant or
combination of pollutants into the municipal storm drain system or into the waters of the United
States or Commonwealth from any source.
GROUNDWATER: Water beneath the surface of the ground.
ILLICIT CONNECTION: A surface or subsurface drain or conveyance, which allows an illicit
discharge into the municipal storm drain system, including without limitation sewage, process
wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of
whether said connection was previously allowed, permitted, or approved before the effective date
of this by -law.
ILLICIT DISCHARGE: Direct or indirect discharge to the municipal storm drain system that is
not composed entirely of stormwater, except as exempted in Section 7. The term does not
include a discharge in compliance with an NPDES Storm Water Discharge Permit or a Surface
Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to Section 7,
subsection-4, of this by -law.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water
infiltrating the underlying soil. Impervious surface includes without limitation roads, paved
parking lots, sidewalks, and rooftops.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER
SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater,
including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping
facility, retention or detention basin, natural or man -made or altered drainage channel, reservoir,
and other drainage structure that together comprise the storm drainage system owned or operated
by the Town of Mansfield.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
STORMWATER DISCHARGE PERMIT: A permit issued by United States Environmental
Protection Agency or jointly with the State that authorizes the discharge of pollutants to waters of
the United States.
NON-STORM-WATER DISCHARGE: Discharge to the municipal storm drain system not
composed entirely of stormwater.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
POLLUTANT: Any element or property of sewage, agricultural, industrial or commercial waste,
runoff, leachate, heated effluent, or other matter whether originating at a point or non -point
source, that is or may be introduced into any sewage treatment works or waters of the
25 -2
Commonwealth. Pollutants shall include without limitation:
(1) paints, varnishes, and solvents;
(2) oil and other automotive fluids;
(3) non - hazardous liquid and solid wastes and yard wastes;
(4) refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances,
accumulations and floatables;
(5) pesticides, herbicides, and fertilizers;
(6) hazardous materials and wastes; sewage, fecal coliform and pathogens;
(7) dissolved and particulate metals;
(8) animal wastes;
(9) rock, sand, salt, soils;
(10) construction wastes and residues; and
(11) noxious or offensive matter of any kind.
PROCESS WASTEWATER: Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material, intermediate
product, finished product, or waste product.
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
STORMWATER: Runoff from precipitation or snow melt.
SURFACE WATER DISCHARGE PERMIT. A permit issued by the Department' of
Environmental Protection (DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of
pollutants to waters of the Commonwealth of Massachusetts.
TOXIC OR HAZARDOUS MATERIAL or WASTE: Any material, which because of its
quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
25 -3
characteristics, either separately or in combination with any substance or substances, constitutes a
present or potential threat to human health, safety, welfare, or to the environment. Toxic or
hazardous materials include any synthetic organic chemical, petroleum product, heavy metal,
radioactive or infectious waste, acid and alkali, and any substance defined as Toxic or Hazardous
under G.L. Ch.21C and Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
WATERCOURSE: A natural or man -made charmel through which water flows or a stream of
water, including a river, brook or underground stream.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the
Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, costal waters, and groundwater.
WASTEWATER: Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that
during manufacturing, cleaning or processing, comes into direct contact with or results from the
production or use of any raw material, intermediate product, finished product, byproduct or waste
product.
This by -law shall apply to flows entering the municipal storm drainage system.
SECTION 4. AUTHORITY
This bylaw is adopted under the authority granted by the Home Rule Amendment of the
Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to the regulations
of the Federal Clean Water Act found at 40 CFR 122.34, and the Phase 11 ruling from the
Environmental Protection Agency found m the December 8, 1999 Federal Register.
SECTION 5. RESPONSIBILITY FOR ADMINISTRATION
The Department of Public works shall administer, implement and enforce this by -law. Any
powers granted to or duties imposed upon the Department of Public Works may be delegated in
writing by the Department of Public Works to its employees or agents.
SECTION 6. REGULATIONS
The Department of Public Works may promulgate rules and regulations to effectuate the
purposes of this by -Law. Failure by the Department of Public Works to promulgate such rules
and regulations shall not have the effect of suspending or invalidating this by -law.
SECTION 7. PROHIBITED ACTIVITIES
Prohibited activities are as follows:
25 -4
1. Illicit Discharges: No person shall dump, discharge, cause or allow to be discharged
any pollutant or non - stormwater discharge into the municipal storm drain system, into a
watercourse, or into the waters of the Commonwealth.
2. Illicit Connections: No person shall construct, use, allow, maintain or continue any
illicit connection to the municipal storm drain system, regardless of whether the connection was
permissible under applicable law, regulation or custom at the tune of connection.
3. Obstruction of Municipal Storm Drain System: No person shall obstruct or interfere
with the normal flow of stormmwater into or out of the municipal storm drain system without prior
written approval from the Department of Public Works.
SECTION 8. EXEMPTIONS
Exemptions from the by -law are as follows:
1 Discharge or flow resulting from fire fighting activities.
2. Discharge or flow that results from conditions that require immediate action and
occurs during a state of emergency declared by any agency of the Federal or State Government,
or by the Mansfield Town Manager, Board or Selectmen or Board of Health.
3. The following non - stormwater discharges or flows are exempt from the prohibition of
non- stonnwaters provided that the source is not a significant contributor of a pollutant to the
municipal storm drain system:
(a) Waterline flushing;
(b) Flow from potable water sources;
(c) Springs;
(d) Natural flow from riparian habitats and wetlands;
(e) Diverted stream flow;
(f) Rising groundwater;
(g) Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or
uncontaminated pumped groundwater;
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S
(h) Water from exterior foundation drains, footing drains (not including active groundwater
dewatering systems), crawl space pumps, or air conditioning condensation;
(i) Discharge from landscape irrigation or lawn watering;
0) Water from individual residential car washing;
(k) Discharge from dechlorinated swimming pool water (less than one ppm chlorine)
provided test data is submitted to the Town substantiating that the water meets the one ppm
standard and the pool is drained in such .a way as not to cause a nuisance or public safety
issue, and complies with all applicable Town by -laws;
(1) Discharge from street sweeping;
(m) Dye testing;
(n) Non- stormwater discharge permitted under an NPDES permit or a Surface Water
Discharge Permit, waiver, or waste discharge order administered under the authority of the
United States Enviromnental Protection Agency or the Department of Environmental
Protection, provided that the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
(o) Discharge for which advanced written approval is received from the Conservation
Commission and the Department of Public Works as necessary to protect public health,
safety, welfare or the environment.
SECTION 9. ENIERGENCY SUSPENSION OF STORM DRAINAGE SYSTEM
ACCESS
The Department of Public Works may suspend municipal storm drain system access to any
person or property without prior written notice when such suspension is necessary to stop an
actual or threatened discharge of pollutants that presents imminent risk of harm to the public
health, safety, welfare or the environment. In the event any person fails to comply with an
emergency suspension order, the Department of Public Works may take all reasonable steps to
prevent or minimize harm to the public health, safety, welfare or the environment.
SECTION 10. NOTIFICATION OF SPILLS
Notwithstanding other requirements of local, state or federal law, as soon as a person responsible
for a facility or operation, or responsible for emergency response for a facility or operation has
information of or suspects a release of materials at that facility or operation resulting in or which
25 -6
may result in discharge of pollutants to the municipal drainage system or waters of the
Commonwealth, the person shall take all necessary steps to ensure containment, and cleanup of
the release. In the event of a release of oil or hazardous materials, the person shall immediately
notify the municipal Fire and Police Departments, the Conservation Commission and the
Department of Public Works. In the event of a release of non - hazardous material, the reporting
person shall notify the Conservation Commission and the Department of Public Works no later
than the next business day. The reporting person shall provide to the Conservation Commission
and the Department of Public Works written confirmation of all telephone, facsimile or in-
person notifications within three business days thereafter. If the discharge of prohibited materials
is from a commercial or industrial facility, the facility owner or operator of the facility shall
retain on -site a written record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
SECTION 11. ENFORCEMENT
A. Authorized Agents: The Department of Public Works, or an authorized agent of
Department of Public Works, shall enforce this by -law, regulations, orders, violation notices, and
enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. Civil Relief: If a person violates the provisions of this by -law, regulations, permit, notice, or
order issued thereunder, the Department of Public Works may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the violation.
C. Orders: The Department of Public Works, or an authorized agent of the Department of
Public Works, may issue a written order to enforce the provisions of this by -law or the
regulations thereunder, which may include: (a) elimination of illicit connections or discharges to
the municipal sewer system; (b) performance of monitoring, analyses, and reporting; (c) that
unlawful discharges, practices, or operations shall cease and desist; and (d) remediation of
contamination in connection therewith.
If the enforcing person determines that abatement or remediation of contamination is required,
the order shall set forth a deadline by which such abatement or remediation must be completed.
Said order shall further advise that, should the violator or property owner fail to abate or perform
remediation within the specified deadline, the Town of Mansfield may, at its option, undertake
such work, and expenses thereof shall be charged to the violator.
Within thirty (30) days after completing all measures necessary to abate the violation or to
perform remediation, the violator and the property owner will be notified of the costs incurred by
the Town, including administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Department of Public Works within
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thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not
received by the expiration of the time in which to file a protest or within thirty (30) days
following a decision of the-Department of Public Works affirming or reducing the costs, or from
a final decision of a court of competent jurisdiction, the costs shall become a special assessment
against the property owner and shall constitute a lien on the owner's property for the amount of
said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L.
Ch. 54, S. 57 after the thirty -first day at which the costs first become due.
D. Criminal Penalty: Any person who violates any provision of this by -law, regulation, order or
permit issued thereunder, shall be punished by a fine of not more than $ 300. Each day or pail
thereof that such violation occurs or continues shall constitute a separate offense.
E. Non - Criminal Disposition: As an alternative to criminal prosecution or civil action, the Town
of Mansfield may elect to utilize the non - criminal disposition procedure set forth in G.L. Ch. 40,
§21D and the Enforcement Appendix of the General By -laws of the Town of Mansfield, in which
case the enforcing person shall be as defined in the General By -laws. The penalty for each
violation shall be $300. Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
F. Entry to Perform Duties Under this By -Law: To the extent permitted by state law, or if
authorized by the owner or other party in control of the property, the Department of
PublicWorks, its agents, officers, and employees may enter upon privately owned property for
the purpose of performing their duties under this by -law and regulations and may make or cause
to be made such examinations, surveys or sampling as the Department of Public Works deems
reasonably necessary.
G. Appeals: The decisions or orders of the Department of Public Works shall be final. Further
relief shall be to a court of competent jurisdiction.
H. Remedies Not Exclusive: The remedies listed in this by -law are not exclusive of any other
remedies available under any applicable federal, state or local law.
SECTION 12. SEVERA.BILITX
The provisions of this by -law are hereby declared to be severable. If any provision, paragraph,
sentence, or clause, of this by -law or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this by -law.
SECTION 13. TRANSITIONAL PROVISIONS
Residential property owners shall have 180 days from the effective date of the by -law to comply
with its provisions, or petition the Department of Public Works for an extension with the reasons
for failure to comply and a schedule for compliance.
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Part B: Stormwater Management and Land Disturbance
SECTION 1. PURPOSE
A. Increased volumes of stormwater and contaminated stormwater runoff, and soil erosion and
sedimentation are the major causes of:
Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and
groundwater;
Contamination of drinking water supplies;
Alteration or destruction of aquatic and wildlife habitat;
Flooding; and
5, Overloading or clogging of municipal catch basins and storm drainage
systems.
B. The objectives of this bylaw are to:
Protect water resources;
Require practices that eliminate soil erosion and sedimentation;
Control the volume and rate of stormwater runoff resulting from land disturbance
activities to minimize potential impacts of flooding;
Promote infiltration and the recharge of groundwater,
Ensure that soil erosion and sedimentation control measures and stormwater
runoff control practices are incorporated into the site planning and design process
and are implemented and maintained;
6. Require practices to control waste such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality;
7. Prevent pollutants from entering the municipal storm drain system;
8. Ensure adequate long -term operation and maintenance of structural
stormwater best management practices;
9. Comply with state and federal statutes and regulations relating to
stormwater discharges; and
10. Establish the Town of Mansfield's legal authority to ensure compliance
with the provisions of this by -law through inspection, monitoring, and
enforcement.
SECTION 2. DEFINITIONS
ABUTTER: The owner(s) of land abutting the activity.
AGRICULTURE: The normal maintenance or improvement of land in agricultural or
aquacultural use, as defined by the Massachusetts Wetlands Protection Act and its implementing
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regulations.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that
changes the water quality, force, direction, timing or location of runoff flowing from the areas.
Such changes include: change from distributed runoff to confined, discrete discharge, change in
the volume of runoff from the area, change in the peak rate of runoff from the area, and change in
the recharge -to- groundwater on the area.
APPLICANT: Any person, individual, partnership, association, firm, company, corporation,
trust, authority, agency, department, or political subdivision, of the Commonwealth or the
Federal govermnent to the extent permitted by law requesting a soil erosion and sediment control
permit for proposed land - disturbance activity.
AUTHORIZED ENFORCEMENT AGENCY: The Conservation Commission, its employees or
agents designated to enforce this by -law.
CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or site materials,
including but not limited to concrete truck washout, chericals, litter and sanitary waste at a
construction site that may adversely impact water quality.
CLEARING: Any activity that removes the vegetative surface cover.
DEVELOPMENT: The modification of land to accommodate a new use or expansion of use,
usually involving construction.
DISTURBANCE OF LAND: Any action that causes a change in the position, location, or
arrangement of soil, sand, rock, gravel of similar earth material.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative,
drawings and details developed by a qualified Professional Engineer (PE) or a Professional Land
Surveyor (PLS), which includes best management practices, or equivalent measures designed to
control surface runoff, erosion and sedimentation during pre- construction and construction
related land disturbance activities.
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS:
Habitats delineated for state - protected rare wildlife and certified vernal pools for use with the
Wetlands Protection Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (3 04 CMR 11.00).
GRADING: Changing the level or shape of the ground surface.
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GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water
infiltrating the underlying soil. Impervious surface includes, without limitation, roads, paved
parking lots, sidewalks and rooftops.
LAND - DISTURBING ACTIVITY: Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
MASSACHUSETTS ENDANGERED SPECIES ACT: (G.L. c. 131A) and its implementing
regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal species
listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the
Department of Environmental Protection, and as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act G.L. c. 131 §. 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23 -56. The
Policy addresses stormwater impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER
SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater,
including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping
facility, retention or detention basin, natural or man -made or altered drainage channel, reservoir,
and other drainage structure that together comprise the storm drainage system owned or operated
by the Town of Mansfield.
OPERATION & MAINTANANCE PLAN: A plan describing the functional, financial and
organizational mechanisms for the on -going operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OUTFALL: The point at which stormwater flows out from a point source discernible, confined
and discrete conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts
Department of Environmental Protection as ORWs. These waters have exceptional sociologic,
recreational, ecological and/or aesthetic values and are subject to more stringent requirements
under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts
Stormwater Management Standards. ORWs include vernal pools certified by the Natural
Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with their bordering vegetated
wetlands, and other waters specifically designated.
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OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal govermnent,
to the extent permitted by law, and any officer, employee, or agent of such person.
POINT SOURCE: Any discernible, confined, and discrete conveyance, including but not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which
pollutants are or may be discharged.
PRE - CONSTRUCTION: All activity in preparation for construction.
PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal
populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: Any lot or parcel of land or area of property where land - disturbing activities are, were, or
will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to vertical
distance.
SOIL: Any earth, sand, rock, gravel, or similar material.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
STORMWATER: Storm water runoff, snow melt runoff, and surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN: A document containing narrative, drawings and
details prepared by a qualified Professional Engineer (PE) or a Professional Land Surveyor
(PLS), which includes structural and non - structural best management practices to manage and
treat stormwater runoff generated from regulated development activity. A Stormwater
Management Plan also includes an Operational & Maintenance Plan describing the maintenance
requirements for best structural management practices.
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STRIP: Any activity which removes the vegetative ground surface cover, including tree removal,
clearing, grubbing, and storage or removal of topsoil.
VERNAL POOLS: Temporary bodies of freshwater which provide critical habitat for a number
of vertebrate and invertebrate wildlife species.
WATERCOURSE: A natural or man -man channel through which water flows or a stream of
water, including a river, brook, or underground stream.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act
G.L. c. 131, § 40 and in the Town of Mansfield's wetland by law /ordinance.
WETLANDS: Tidal and non -tidal areas characterized by saturated or nearly saturated soils most
of the year that are located between terrestrial (land- based) and aquatic (water- based)
environments, including freshwater marshes around ponds and channels (rivers and streams),
brackish and salt marshes; common names include marshes, swamps and bogs.
SECTION 3. AUTHORITY
This bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the
Federal Clean Water Act found at 40 CFR 122.34, published in the Federal Register on
December 8, 1999.
SECTION 4. APPLICABILITY
This bylaw shall apply to all activities that result in disturbance of one or more acres of land in
the Town of Mansfield. Except as permitted by the Conservation Commission or as otherwise
provided in this bylaw, no person shall perform any activity that results in disturbance of an acre
or more of land.
SECTIONS. EXEMPT ACTIVITIES
1. Normal maintenance and improvement of land in agricultural or aquacultural use, as defined
by the Wetlands Protection Act regulation 310 CMR 10.4.
2. Storm water discharges resulting from activities that are subject to jurisdiction under the
Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water
Management Policy as reflected in an Order of Conditions issued by the Conservation
Commission.
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SECTION 6. ADMINISTRATION
A. The Conservation Commission shall administer, implement and enforce this bylaw. Any
powers granted to or duties imposed upon, the Conservation Corrunission may be delegated in
writing by the Conservation Commission to its employees or agents.
B. Waiver: The Conservation Commission may waive strict compliance with any
requirement of this by -law or the rules and regulations promulgated hereunder,
where:
(1) Such action is allowed by federal, state and local statutes and/or regulations,
(2) Is in the public interest, and
(3) Is not inconsistent with the purpose and intent of this by -law.
C. Rules and Regulations: The Conservation Commission may adopt, and periodically amend
rules and regulations to effectuate the purposes of this by -law. Failure by The Conservation
Commission to promulgate such rules and regulations shall not have the effect of suspending or
invalidating this by -law.
SECTION 7. PERMITS and PROCEDURES
Permits are required prior to an activity disturbing an acre or more of land. The site owner or his
Agent shall file for the permit with the Conservation Commission; however, any permit will be
issued to the Owner.
A. Application: A completed application for a Land Disturbance Permit shall be filed with the
Conservation Corr nission in a form and containing information as specified in this by law and in
regulations adopted by the Conservation Commission. A permit must be obtained prior to the
commencement of land disturbing activity that may result in the disturbance of an area of one
acre or more. The Land Disturbance Permit Application package shall include:
1. A completed Application Fonu with original signatures of all owners;
2. A list of abutters, certified by the Assessors Office;
3. Eight (8) copies of submittal documents;
4. Payment of the application and review fees; and
5. One (1) copy each of the Application Form and the list of abutters filed with the
Town Clerk.
B. Fees: Application fees shall be established by the Conservation Commission to cover
expenses connected with public notice, application review, and monitoring permit compliance.
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In addition, the Conservation Commission may also establish a professional review fee sufficient
to cover a professional review based on the magnitude of the project and the potential
environmental impacts. The Conservation Commission is authorized to retain a Registered
Professional Engineer or other professional consultant to advise the Commission on any or all
aspects of these plans. Applicants must pay review fees before
the review process may begin. The Applicant for a Land Disturbance Permit may be required to
establish and maintain an escrow account to cover the costs of said consultant.
C. Information Requests: The Commission may request such additional information as is
necessary to enable the Commission to determine whether the proposed land disturbance. activity
will protect water resources and meet the objectives of this by law.
D. Determination of Completeness: The Conservation Commission shall make a determination
as to the completeness of the application and adequacy of the materials submitted. No review
shall take place until the application has been found to be complete.
E. Coordination with Other Boards: On receipt of a complete application for a Land
Disturbance Permit, the Conservation Commission shall distribute one (1) copy each to the
Planning Board, Department of Public Works, Board of Health, Engineering Department, and
Building Department for review and comment. Said agencies shall, in their discretion,
investigate the case and report their recormnendations to the Conservation Commission, The
Conservation Commission shall not hold a hearing on the Land Disturbance Permit until it has
received reports from said agencies, or until said agencies have allowed forty (40) days to elapse
after receipt of the application materials without submission of a report thereon.
F. Entry: Filing an application for a land disturbance permit grants the Conservation
Commission, or its Agent, permission to enter the site to verify the information in the application
and to inspect for compliance with permit conditions.
G. Hearing: Within sixty (60) days of receipt of a complete application for a Land Disturbance
Permit, the Conservation Commission shall hold a public hearing and shall take final action
within sixty (60) days from the close of the hearing unless such time is extended by agreement
between the Applicant and the Conservation Commission. Notice of the public hearing shall be
given by publication in a local paper of general circulation, by posting and by certified mailings
to abutters, at least fourteen (14) days prior to the hearing. The Conservation Commission shall
be responsible for posting the notice at the Town Hall. The Applicant shall be responsible for
publishing the notice in the local newspaper and for notifying abutting property owners, by
certified mail, return receipt requested. Copies of the certified mail receipts shall be submitted to
the Conservation Commission for verification prior to opening the public hearing. The
Conservation Commission shall make the application available for inspection by the public
during regular business hours at the Town of Mansfield Conservation office.
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H. Action: The Conservation Commission may:
1. Approve the Application and issue a permit if it finds that the proposed plan will protect
water resources and .meets the objectives and requirements of this by -law;
2. Approve the Application and issue a permit with conditions, modifications or
restrictions that the Conservation Commission determines are required to ensure that the
project will protect water resources and meets the. objectives and requirements of this by-
law; or
Disapprove the Application and deny the permit if it finds that the proposed plan will
not protect water resources or fails to meet the objectives and requirements of this by -law.
If the Conservation Commission finds that the Applicant has submitted insufficient
information to describe the site, the work, or the effect of the work on water quality and
runoff volume, the Conservation Commission may disapprove the application, denying a
permit.
I. Project Changes: The Permittee, or their Agent, must notify the agent of the Conservation
Commission in writing of any change or alteration of a land- disturbing activity before the change
or alteration occurs. If the agent of the Conservation Commission determines that the change or
alteration is significant, based on the design requirements listed in Part lI or Part III of the
Regulations adopted by the Conservation Commission under this by law, the agent of the
Conservation Commission may require that an
amended application or a full application be filed in accordance with this Section. If any change
or alteration from the Land Disturbance Permit occurs during land disturbing activities the agent
of the Conservation Commission may require the installation of interim erosion and
sedimentation control measures before approving the change or alteration.
SECTION 8. EROSION AND SEDIMENT CONTROL PLAN
A. The Erosion and Sediment Control Plan shall contain sufficient information to describe the
nature and purpose of the proposed development, pertinent conditions of the site and the adjacent
areas, and proposed erosion and sedimentation controls. The applicant shall submit such
material as is necessary to show that the proposed development will comply with the design
standards and contain the information listed in the Regulations, adopted by the Conservation
Commission for administration of this by law.
SECTION 9. STORMWATER MANAGEMENT PLAN
The Stormwater Management Plan shall contain sufficient information to describe the nature and
25 -16
purpose of the proposed development, pertinent conditions of the site and the adjacent areas, and
proposed best management practices for the permanent management and treatment of
stornrwater. The Stormwater Management Plan shall contain sufficient information for the
Conservation Commission to evaluate the environmental impact, effectiveness, and acceptability
of the measures proposed by the Applicant for reducing adverse impacts from storrwater. The
Plan shall be designed to meet the Massachusetts Stormwater Management Standards and DEP
Stormwater Management Handbook Volumes I and II. The Stormwater Management Plan shall
fully describe the project in drawings, and narrative. The Applicant shall submit such material
asis required by the Regulations adopted by the Conservation Conmiission for the administration
of this By law.
SECTON 10. OPERATION AND MAINTENANCE PLANS
A. An Operations and Maintenance Plan (O &M Plan) for the permanent Stormwater
management system is required at the time of application for all projects. The maintenance plan
shall be designed to ensure compliance with this By law and that the Massachusetts Surface
Water Quality Standards contained in 314 CMR 4.00 are met in all seasons and throughout the
life of the system. The Conservation Commission shall make the final decision of what
maintenance is appropriate in a given situation. The Conservation Commission will consider
natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces,
size of the site, the types of stornrwater management structures, potential need for on -going
maintenance activities when making this decision, and require the submittal of certified annual
reports as part of the O &M Plan. Once approved by the Conservation Commission, the
Operations and Maintenance Plan shall be recorded at the Bristol County Registry of Deeds by
the Permittee, shall remain on file with the Conservation Commission and shall be an on -going
requirement. The Operations and Maintenance Plan shall conform to the requirements listed in
the Regulations adopted by the Conservation Commission for the administration of this By -law.
Stormwater management easements shall be provided by the property owner(s) in areas and as
necessary to carry out the required maintenance.
B. Changes to Operation and Maintenance Plans
1. The owner(s) of the stornrwater management system must notify the Conservation
Corrumission or its Agent of changes in ownership or assignment of financial responsibility.
2. The maintenance schedule in the Maintenance Agreement may be amended to achieve the
purposes of this By law by mutual agreement of the Conservation Commission and the
Responsible Parties. Responsible Parties shall include Owner(s), persons with financial
responsibility, and persons with operational responsibility. Once the amended Plan is signed, the
Conservation Commission shall file it at the Registry of Deeds at the expense of the current
Owner(s).
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SECTION I1. INSPECTION
A. Board Inspection: The Conservation Cormmission, or its designated agent, shall be notified
one (1) week prior to the start of construction for inspection of the erosion and sediment control
measures by the Commission. One (1)-copy of the permit and approved plans shall be maintained
at the site during the progress of the work. Subsequent inspections shall be at the discretion of the
Commission or its designated Agent.
B. Permittee Inspections. The Permittee or his/her agent shall conduct and document
inspections of all control measures) no less than weekly or as specified in the permit, and prior to
and following anticipated storm events. The purpose of such inspections will be to determine the
overall effectiveness of the control plan, and the need for maintenance or additional control
measures. The permittee or his/her agent shall submit monthly reports to Conservation
Commission or designated agent in -a format approved by Conservation Commission. The
Conservation Commission may require, as a condition of approval, that the Permittee's
inspections be conducted by a person qualified in environmental monitoring and approved by the
Commission.
C. Access Permission. To the extent. permitted by state law, or if authorized by the owner or
other party in control of the property, the Conservation Commission, its agents, officers, and
employees may enter upon privately owned property for the purpose of performing their duties
wider this by -law and may make or cause to be made such examinations, surveys or sampling as
Conservation Commission deems reasonably necessary to determine compliance with the permit.
SECTION 12. SURETY
The Conservation Commission may require the Permittee to post before the start of land
disturbance activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security.
The form of the bond shall be approved by town counsel, and be in an amount deemed sufficient
by the Conservation Commission to ensure that the work will be completed in accordance with
the pernnit. If the project is phased, the Conservation Commission may release part of the bond
as each phase is completed in compliance with the permit but the bond may not be fully released
until the Commission has received the final report and as -built plan as required by Section 13 and
issued a certificate of completion.
SECTION 13. I+INAL REPORTS AND AS -BUILT PLAN
Upon completion of the work, the Permittee shall submit a report (including certified as -built
construction plans) from a Professional Engineer (PE), or Professional Land Surveyor (PLS),
certifying that all erosion and sediment control devices, and approved changes and modifications,
have been completed in accordance with the conditions of the approved permit. Any
discrepancies should be noted in the cover letter. In addition to a paper copy of the as -built
construction plan, one digital file shall be submitted in AutoCad DWG; but DXF format will be
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t
acceptable. The media shall be 3.5" floppy disk or CD. The plan Vertical Datum shall reference
the North American Vertical Datum of 1988 (NAVD88), and the plan shall contain a minimum
of two benchmarks. The horizontal orientation shall be tied and referenced to the Mansfield GIS
horizontal control monuments (North American Datum of 1983, NAD83).
SECTION 14. ENFORCEMENT
A. The Conservation Commission, or an authorized agent of the Commission shall enforce this
by -law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil
and criminal remedies for such violations.
B. Orders
1. The Conservation Commission, or an authorized agent of the Commission, may issue
a written order to enforce the provisions of this by -law or the regulations thereunder, which may
include:
A requirement to cease and desist from the land - disturbing activity until there is
corripliance with the bylaw and provisions of the land - disturbance permit;
Maintenance, installation or performance of additional erosion and sediment control
measures;
Monitoring, analyses, and reporting;
Remediation of erosion and sedimentation resulting directly or indirectly from the land -
disturbing activity.
2. If the enforcing person determines that abatement or remediation of erosion and
sedimentation is required, the order shall set forth a deadline by which such abatement or
remediation must be completed. Said order shall further advise that, should the violator or
property owner fail to abate or perform remediation within the specified deadline, the Town of
Mansfield may, at its option, undertake such work, and the property owner shall reimburse the
Town's expenses.
3. Within thirty (30) days after completing all measures necessary to abate the violation
or to perform remediation, the violator and the property owner shall be notified of the costs
incurred by the Town of Mansfield, including administrative costs. The violator or property
owner may file a written protest objecting to the amount or basis of costs with the Conservation
Commission within thirty (30) days of receipt of the notification of the costs incurred. If the
amount due is not received by the expiration of the time in which to file a protest or within thirty
(30) days following a decision of the Conservation Cormrrission affirming or reducing the costs,
or from a final decision of a court of competent jurisdiction, the costs shall become a special
assessment against the property owner and shall constitute a lien on the owner's property for the
amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate, as
25 -19
provided in G.L. Ch. 59, § 57, after the thirty -first day following the day on which the costs were
due.
C. Criminal Penalty. Any person who violates any provision of this by -law, regulation,
order or permit issued there under shall be punished by a fine of not more than $300. Each day
or part thereof that such violation occurs or continues shall constitute a separate offense.
Non - Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town of
Mansfield may elect to utilize the non - criminal disposition procedure set forth in G.L. Ch. 40,
§21D and the Enforcement Appendix of the General By -laws of the Town of Mansfield, in
which case the enforcing person shall be as defined in the General By -law. The penalty for each
violation shall be $300. Each day or part thereof that such violation occurs or continues shall
constitute a separate offense.
Appeals. The decisions or orders of the Conservation Commission shall be final. Further relief
shall be to a court of competent jurisdiction.
Remedies Not Exclusive. The remedies listed in this by -law are not exclusive of any other
remedies available under any applicable federal, state or local law.
SECTION 15. CERTIFICATE OF COMPLETION
The Conservation Commission will issue a letter certifying completion upon receipt and approval
of the final reports and/or upon otherwise determining that all work of the permit has been
satisfactorily completed in conformance with this bylaw.
SECTION 16. SEVERABILITY
If any provision, paragraph, sentence, or clause of this by -law shall be held invalid for any
reason, all other provisions shall continue in full force and effect.
Or take any action in relation thereto.
EXPLANATION: As part of Mansfield's EPA/DEP Stormwater Phase H Permit, the Town is
required to implement a Stormwater Management Plan to reduce pollutant discharges to our
rivers and streams to protect water quality. This proposed by -law provides the authority and
regulations to address Stormwater runoff during new construction, and maintenance of the
drainage system after construction.
Part A of this by -law is to regulate illicit connections and discharges to the municipal drainage
system for the protection of Mansfield's water bodies and groundwater, and to safeguard the
public health, safety, welfare, and natural resources of the Town. It will be administered by the
DPW.
25 -20
Part B is to provide the authority and a Land Disturbance Permit procedure to control stormwater
runoff during and after construction, so as to not impair the Town's water quality. It will be
administered by the Conservation Commission. Projects falling under the Wetlands Protection
Act would be exempt from filing for a separate Land Disturbance Permit.
25 -21
Added CHAPTER 26 - ADDRESSING OF BUILDINGS AND LAND
2006 Section 1. Purpose
The purpose of this bylaw is to have a standard addressing system for public safety and
emergency response.
Section 2. Assigning Numbers For Buildings
All dwelling houses, places of business, and other buildings located on or near the lines of
public ways, or private ways open to the public, in the Town of Mansfield, shall be sequentially
numbered from one end of the street to the other, the buildings on one side bearing even
numbers and the buildings on the opposite side bearing odd numbers. Numbering of
condominiums and/or apartments shall comply with the following standards:
One street number address
Buildings identified by a single letter: A, B, C, etc.
(No letter if a single building)
Unit number: A three -digit number starting as follows:
Basement OXX
lst Floor: 1XX
2nd Floor: 2XX
3`d Floor: 3XX, etc.
For example, if used for Copeland Crossing at 287 Chauncy Street, the address of the second
floor Unit 201, in Building A, would be:
287 CHAUNCY ST UNIT A201
The developer should establish the address and unit numbers during the design stages, and
include them on the building plans.
Section 3. Assigning Numbers For Land
A number shall be assigned to open and/or unoccupied land fronting on public or private ways
open to the public. A number shall be assigned for each lot fronting on such street or way as
defined and provided in the Zoning By —Laws of the Town. A number shall be assigned that
allows for additional numbering if the lot is further subdivided, based on the minimum lot
frontage for that zoning district.
26 -1
Section 4. Determination of Number
The number shall be determined by the location of the front door of the building. Such
numbering shall be done by and under the supervision of the Assessor's Office or their designee.
hn the case of corner lots or other cases of confusion or conflict, the Assessor's Office will make
final determination after consultation with the Chief of Police, Fire Chief, or their designees.
Such determination will be made in the interest of public safety. Affixing or painting of the
assigned numbers will be administered by the Assessor's Office, under the direction of the
Selectmen, as per Chapter 5, Section 1.
Section 5. Current Numbering
Wherever necessary, in the opinion of the Assessor's Office or their designee, for the proper
implementation of the intent of this chapter, the numbers of the present buildings will be
changed, but otherwise, present numbering shall remain the same.
Section 6. Numbering Order
The Assessor's Office shall determine from which end of the street the numbering shall begin.
Section 7. Notice of Number Change
The Assessor's Office shall send a written notice of a number change by certified mail, or
delivery, to the owners of all property upon determination of the number to be assigned by them,
to any building, premises, or property in accordance with this chapter. The notice shall inform the
owner of assigned number, whether new or changed.
Section 8. Grace Period
No later than thirty (30) days from the mailing or delivery of notice pursuant to Section 7, the
owners of buildings on the affected property shall post the assigned number in a conspicuous
mariner, not on a door, so as to be clearly visible and legible, both day and night, from both
directions of the street or way on which the property fronts. The number shall not be blocked
from view by any means or object, natural or artificial. The number shall be posted at the access
to the property if the building is not readily visible from the street.
Section 9. New Buildings
Any building hereafter erected shall bear the numbers, previously assigned under the provisions
of this chapter, to the particular lot upon which such building is erected and shall not thereafter
use or display any other number therefore.
26 -2
Section 10. Violation and Penalty
Any person, firm, or corporation violating this chapter by failing to comply with the provisions of
Section 8 hereof, after receiving the notice provided for in Section 7, or who removes, changes,
or defaces such assigned number shall be, subject to the procedure in Section 11, liable to a fine
not exceeding Fifty Dollars ($50.00) for each day the violation exists.
Section 11. Enforcement
The Building Inspector and/or the Police and Fire Department representatives to the E911 team
shall be responsible for the enforcement of this chapter.
Upon discovery of a violation.of the terms of Section 10, the offender shall be issued a warning
citation; if compliance has not been achieved within ten (10) days of said warning, a second and
final warning shall be issued, with the option of requesting a hearing before the Town Manager.
If said hearing has not been requested or compliance achieved-within ten (10) days of the second
warning, all further citations shall carry the fines established under Section 10.
26 -3
Added 2008:
CHAPTER 27 — IN BUILDING RADIO COMMUNICATIONS
A: GENERAL
Except as otherwise provided, no person shall erect, construct, change the use of or provide an
addition of more than 20 percent to any building or structure or any part thereof, or cause the
same to be done which fails to support adequate radio coverage for the Town of Mansfield radio
conummications system, including but not limited to firefighters and police officers.
B: RADIO COVERAGE
For purposes of this section, adequate radio coverage shall include all of the following:
1: minimum signal strength of -95 dbra available in 90 percent of the area of each floor of the
building when transmitted from the Mansfield Police /Fire Communications Center.
2: A minimum signal strength of -95 dbm received at the Mansfield Police/Fire Communications
Center from 90% of each floor of the building.
C: AMPLIFICATION SYSTEM ALLOWED
Buildings and structure which cannot support the required level of radio coverage shall be
equipped with any of the following in order to achieve the required radio coverage: A radiating
cable system and/or an internal multiple antenna system with FCC type accepted Bi- Directional
UHF amplifiers.
Transmit of 473.500 and receive of 470.500 - Police 41
Transmit of 475.250 and receive of 472.250 - Police #2
Transmit of 458.8375 and receive of 453.8375 - Fire 41
Transmit of 458.6125 and receive of 453.6126 - Fire #2
The system shall be capable of operating on an independent battery and /or generator system for a
period of at least 12 hours without external power input. The battery system shall automatically
charge in the presence of external power input.
D: ACCEPTANCE TEST PROCEDURES
When an in- building radio system is required, and upon completion of the installation, it will be
the building owner's responsibility to have the radio system tested to ensure that two -way
27 -1
coverage on each floor is a minimum of 90 percent. The test shall be performed using portable
radios supplied by the Mansfield Police and Fire Departments, talking through the Mansfield
Police / Fire Communications Center.
A Certificate of.Occupancy will not be issued to- any structure if the building fails to comply with
this section.
E: ANNUAL TEST
After an in- building radio system is installed, the building owner shall be responsible for the
annual testing of the system. The test shall include proper operation of the amplifiers and it must
meet the minimum signal strength as indicated in Section B -1. The battery shall be tested under a
load for a period of 1 hour. All other active components shall be checked to determine that they
are operating within the manufacturer's specifications for the intended purpose.
Upon completion of the annual test of the system, the person performing the test shall provide the
Mansfield Police / Fire Communication Center with a copy of the test results.
F: FIELD TESTING
Police and Fine personnel, after providing reasonable notice to the owner or his representative,
shall have the right to enter onto the property to conduct field- testing to be certain that the
required level of radio coverage is present.
G: BUILDING OWNER RESPONSIBILITIES
All costs of the maintenance and upkeep of the system will be the responsibility of the building
owner. Upon resale or transfer of the building, the new owner shall assume all conditions of this
occupancy requirement. Upon failure of the system, the owner or his designee shall notify the
Mansfield Police / Fire Communications Center and all repairs shall be mitigated within 24 hours
of the failure.
H: EXEMPTIONS
This section shall not apply to: any building less than 5,000 square feet or any single residential
occupancy.
27 -2
Added: 2009
Chapter Twenty-Eight — Audit Committee
Section I — Membership
There is hereby established in the Town and independent Audit Commnittee consisting of five (5)
members. Such members shall consist of: one (1) current member each from the Board of
Selectmen, School Committee and Finance Committee, as designated by the respective chairman
thereof, plus two (2) at- large members appointed by the Board of Selectmen *and School
Committee jointly. Each at -large membership shall be reserved, whenever possible, for members
with expertise, through education and experience, in accounting, auditing, internal control and
financial reporting. Each at -large member: (a) must be a resident of the Town and a registered
voter; (b) cannot serve on any other Town board, connnission or cormnittee or be employed by
the Town; and (c) cannot in any way influence or exercise managerial responsibilities that fall
within the scope of an audit.
Section II — Term
Each at -large Audit Committee member shall serve a term for two (2) years, except that one of
the initial appointees shall serve for a term of one (1) year and one of the initial appointees shall
serve for a term of two (2) years in order to allow one at -large member's term to thereafter expire
on an annual basis. The Board of Selectmen shall specify the term of office for each of its initial
at -large appointees. All other members shall serve a term of one (1) year. Each membership
shall commence on July 1 and shall expire on June 30 of any given calendar year, except that the
initial members of the Audit Committee shall be appointed no later than thirty (30) days
following receipt of approval of this By -Law from the Office of the Attorney General. The term
of the appointments of the initial appointees shall be measured from July I" immediately
following such approval. No member's appointment may be rescinded by an appointing
authority prior to the expiration of his or her term, except for good cause as determined by the
Board of Selectmen in accordance with the procedures set forth in Section 9 -7 of the Mansfield
Home Rule Charter. Any vacancy occurring in the Audit Committee shall be. filled by the
appropriate appointing authority for the remainder of the unexpired term.
Section III— Meetings
The Audit Committee shall meet at least two (2) times per year. The annual cycle for Audit
Cormnittee business shall coincide with the fiscal year of the Town beginning on July I51. At the
first meeting of each fiscal year, the Audit Committee shall elect a chairman, vice chairman and
secretary from its membership. In the event a vacancy occurs in any of these offices, the Audit
Committee shall hold a special meeting for the purpose of electing one (1) of its members to fill
such vacancy.
Make recommendations to and assist the Town Manager with the selection, terms of Votes of the
Audit Committee shall require a majority of those present and voting, with all appointed
members entitled to cast a vote. The Audit Committee shall be subject to the Open Meeting
Law.
28 -1
Section IV — Duties
Subject to the Town. Charter, specific duties of the Audit Committee shall include, but are not
limited to, the following:
(1) relationship, scope of services, and oversight of the work of independent
accountant(s) and independent auditor(s) retained to issue independent reports, audits
or other services for the Town.
(2) Review management letters and similar communications, the Town's response, and
implementation of corrective action plans.
(3) Review and monitor the Town's financial reports,•reporting processes and internal
controls.
(4) Establish a confidential process to receive, investigate and advise the Town Manager
and Board of Selectmen about complaints and questions regarding accounting or
management practices from Town employees.
(5) Report annually to the Board of Selectmen how the Audit Committee discharged its
duties and responsibilities for the immediately preceding audit and advise the Board
of Selectmen, as appropriate.
(6) Subject to the availability of funding, engage financial experts in connection with the
performance of its duties under this bylaw.
(7) Any other duties that are ordinarily performed by governmental audit committees,
whenever necessary or appropriate.
Section V — Severability
If any part of this By -Law shall be held invalid, such pant shalt be deemed severable and the
invalidity thereof shall not affect the remaining pants of this By -Law.
28 -2
APPENDIX - ENFORCEMENT
added Any by -law of the Town of Mansfield, or rule or regulation of its boards,
commissions and committees, the violation of which is subject to a
specific penalty, may in the discretion of the "Enforcing Person ",
amended defined below, be enforced in accordance with the methods provided in
1991 Section 21D of Chapter 40 of the Massachusetts General Laws.
"Enforcing Person ", as used in this Chapter, shall mean any Police Officer
or Constable of the Town of Mansfield, with respect to any offense;
Building Inspector, Board of Health Agent, Conservation Commission
Agent, Animal Control Officer, Department of Public Works Superintendent,
Fire Chief, or any agent of the above Town Officials, each with respect to
violations of by -laws or rules or regulations within their respective
jurisdiction. Each day on which any violation exists shall be deemed to be
a separate offense.
CHAPTER
ENFORCING PERSON
FINE
1
Not Applicable
N/A
2
Not Applicable
N/A
3
Not Applicable
N/A
4
Not Applicable
N/A
5
Building Inspector, Department
of Public Works Superintendent,
Police and Fire Chief, Health Agent
or their agents
$ 50.00
added
5 -9
DPW Director, Town Engineer,
$ 250.00 /day
1995
Assistant Town Engineer
added
5 -10
Health Agent
1998
Penalties/Enforcement
Health Agent
$ 50.00
Health Agent
As Outlined
Added
5 -11
Police
$ 25.00
2005
As Outlined
6
Police
As Outlined
added
6 -11
Police
$ 50.00
1999
6 -12
Police
As Outlined
added
6 -13
Police
As Outlined
2001
7
Police
$ 50.00
8
Police, Animal Control Officer,
or their agent
As Outlined
9
Building Inspector
$ 35.00
10
Not Applicable
N/A
A -1
APPENDIX
GM
CHAPTER
ENFORCING PERSON
FINE
11
Police
$ 50.00
12
Not Applicable
N/A
13
Public Works Superintendent
As Outlined
14
Not Applicable
N/A
amended
15
Not Applicable
N/A
1999
16
Police
As Outlined
17
Not Applicable
N/A
19
Police
$50.00
20
Tree Warden
$50.00
added
21
Fire Department
$50.00
2001
(Section 7)
GM