08/05/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#2* OCTOBER 21, 2019 Annual Town Meeting warrant Criminal Penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall bep unished by a fine of not more than $300.00. 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 Mashp ee may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and the insert citation town enabling vote/bylaw (if applicable) of the Town of Mashpee, in which case the insert title or other authorized agent of the city/town shall be the enforcing person. The penalty for the 1st violation shall be $50.00. The penalty for the 2nd violation shall be $150.40. The penalty for the 3rd and subsequent violations shall be $304.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. Entry to Perform Duties under this Bylaw. To the extent permitted by state law, or if authorized by the owner or otherart in control of the property,the DPW, its.agents, officers, and employees may p Y enter upon privately owned property for the purpose fmng their duties under this bylaw andi may regulations and make or cause to be made such.examinations, surveys or sampling as the DPW � v deems reasonably necessary. Appeals. The decisions or orders of the DPW shall .be final. Further relief shall be to a court of competent jurisdiction. Remedies Not Exclusive. The remedies listed in this bylaw are not exclusive, of any other remedies available under any applicable federal, state or local law. SECTION 12. SEVERABILITY Therovisions of this bylaw are hereby declared to be severable. if any. provision, paragraph, p Y Y sentence or clause, b of this law nor the application thereof to any person, establishment, or Y circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this by-law. SECTION 13. TRANSITIONAL PROVISIONS Residential ro ert owners shall have.60 days from the effective date of the bylaw to comply with p p y Y its provisionsprovided good cause is shown for the failure to comply with the bylaw during that p p period, or take any other action relating thereto. Submitted by the Board of Selectmen Explanation: The purpose ofthis bylaw is to explicitly prohibit contaminants from being released p p p and/or entering the Town's stormwater system and ultimately into the Town's surface and groundwaters. Adoption of this bylaw is a requirement of the Town's General Storm water Permit issued by the Environmental Protection Agency through the National Pollutant Discharge Elimination System. 8