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Section 4.16 Non-Criminal Disposition as Alterna- Article 35. To see ifthe Town will vote to amend the tive Enforcement Method Town By-Laws by adding thereto the following: Section 4.16.1 Any by-law of the Town of Mashpee, Section 4.1.6 Unlawful Dumping or rule or regulation of its boards, commissions, and committees,the violation of which is subject No person shall dump, throw, place, deposit, to a specific penalty,may in the discretion of the discharge,abandon,bury or otherwise dispose of Town Official who is the appropriate enforcing any refuse, meaning all solid or liquid waste person, be enforced in the method provided in materials, including scrap, debris, garbage, Chapter 40 Section 21D of the General Laws. rubbish and sludge,nor shall any person know- "Enforcing Person"as used in this Section,shall ingly allow the same to take place,upon public or mean any Selectmen or any Police Officer of the private property, unless the said property law- Town of Mashpee with respect to any offense; fully exists as an approved sanitary landfill site Building Inspector, Assistant Building Inspec- or said dumpingis otherwise lawfully permitted. tor,and designees of the Building Inspector,Con- servation Agent and his designees; Harbormas- Any person violating the provisions of this sec- ter and his designees;Shellfish Constable and his tion shall be punished by a fine of$300.Any such designees; Sealer of the Weights and Measures; violation shall constitute a separate offense on Health Agent and his designees;Animal Control each successive occurrence. Officer and his designees;Town Planner and his designees; such other officials as the Board of Any person notified to remove refuse unlawfully Selectmen may from time to time designate. placed upon public or private property who re- Except for Selectmen and Police, the foregoing fuses to do so after receipt of notice to remove the officials shall be "Enforcing Persons" with re- same, in addition to the penalties above pro- spect to violation of by-laws and rules and regu- vided,shall pay a penalty of$300 per dayfor each lations within their respective jurisdictions only. refuse is permitted and allowed to remain on the If more than one official has jurisdiction in any property after the said notice is given, each of given case,any such official maybe the"Enforc- said days constituting a separate offense of this ing Person"with respect thereto. By-Law. Motion to accept as printed The provisions of Massachusetts General Laws, Motion defeated -9:46 P.M. Chapter 40, Section 21D providing for the non- criminal disposition of by-law violation shall be Article 33. To see if the Town will vote to amend applicable and the person taking cognizance of Section 4.3.11ofthe Town BY-Laws byaddingthereto any violation shall have available as an altema- the following paragraph:"As an alternative to crimi- tive to initiating criminal proceedings the proce- nal prosecution,the Commission may elect to utilize dure set forth in Section 21D as aforesaid. In the non-criminal disposition procedure set forth in addition to Police Officers,members ofthe Board Chapter 40 Section 21D ofthe General Laws and the of Health, agents of the Board of Health, the Commission may establish,by regulation,a penalty Director of Public Works and the Conservation schedule.for violation of this By-Law, with no pen- Officer are empowered to enforce the provisions alty to exceed$300.The Conservation Commission of this by-law. agent is empowered to take cognizance of any viola- tion and to enforce the same by non-criminal dispo- In the event that any part of the Section is found I sition as provided for herein. to be inconsistent with an other y provisions contained in other section of the Town By-Laws, Motion to accept as printed it is intended that this particular by-law shall YES 106 -NO 67 - 10:00 P.M. take precedence and control. In the event that any part of this by-law is declared void for any Article 34. To see if the Town will vote to reclassify reason, the remainder thereof shall continue in the position of Town Engineer from Grade 17 to full force and effect. Grade 20 and further to raise and appropriate or transfer from available funds a sum of money for Motion to accept as printed said purposes Motion carries - 10:04 P.M. Motion to reclassify the position of Article 36. To see if the Town will vote to designate Town Engineer to Grade 20 the Board of Health and the Health Agents as Motion carries- 10:01 P.M. p. enforcing officers pursuant to the provisions of F Massachusetts General Laws,Chapter 270,Section 16, -92 -