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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. 1 -2 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; 25 -5 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 25 -7 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. 25 -8 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 25 -9 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. 25 -10 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. 25 -11 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. 25 -12 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. 25 -13 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. 25 -14 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. 25 -15 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). 25 -17 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 25 -18 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