Title IX - Enforcement and Fees

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Article

Article

Article 1: Prosecution And Penalties

Article 3: Town Fees And Charges

Article 2: Non-Criminal Disposition Of Bylaws

Article 4: Licenses And Permits Of Delinquent Taxpayers

ARTICLE 1
PROSECUTION AND PENALTIES

Section 1. Police Duty

It shall be the duty of the police to secure the observance of these By-Laws, and to make complaint against any person violating the same. Prosecutions for offenses under these By-Laws may be made by any constable, or police officer of the town, and all fines shall be paid into the Town treasury.

Section 2. Fine Amount

Whoever violates any provision of these By-Laws shall, in cases not otherwise provided for, forfeit and pay for each offense a fine not exceeding twenty dollars ($20.).

ARTICLE 2
NON-CRIMINAL DISPOSITION OF BYLAWS

(ART. 32, ATM – 05/04/92) (ART. 26, ATM – 05/01/95)
(ART. 45, ATM – 05/12/97) (ART. 13, ATM – 04/24/00)
(ART. 19, ATM – 06/20/05)
(ART. 19, ATM – 05/05/14)

Any provision of these bylaws may in the first instance may be enforced by the non-criminal disposition procedure provided by the provisions of Section 21D of Chapter 40 of the general Laws. The enforcing person shall be any police officer of the Town. Notwithstanding the foregoing a duly constituted agent of the Board of Health, who shall be a Town employee, shall be considered an enforcing person for purposes of:

Title III, Article 1, Section 22 (Rubbish Collection) Title IV, Article 5, (Feeding of Waterfowl)Title V, Article 2 (Junk Cars) Title V, Article 4, (Smoking) Title V, Article 9, (Dumpster Placement) Title V, Article 12 (Noise Abatement) Title VIII, Article 1, Section 6 (Cigarette Machines)Title VIII, Article 2, Section 2 and 3 (Dogs)Title VIII, Article 3, (Public Health) In addition, any Animal Control Officer of the Town shall be considered an enforcing person for purposes of Title VIII, Article 2, Sections 2 and 3.In addition, the Inspector of Buildings or any local inspector, the wire inspector, plumbing inspector and the Director of Fire and Support Services or the Director’s designee shall be the enforcing person for purposes of Title VI in their respective areas of expertise.

ARTICLE 3
TOWN FEES AND CHARGES

(ART. 3, STM – 11/30/88) (ART. 24, ATM – 05/04/92) (ART. 24, ATM – 05/04/92)

Section 1. Town Officers' Obligation

All Town Officers shall pay all fees received by them by virtue of their office into the Town Treasury.

Section 2. Office of the Town Clerk

( *Amended on 3/18/04 per
John Maher and 3/2/2009 per Juliana Rice)
A. For filing and indexing assignment for the benefit of creditors. $15.00
* B. For entering amendment of a record of the birth of an illegitimate child subsequently legitimized $20.00
* C. For correcting errors in a record of birth $20.00
* D. For furnishing certificate of birth $10.00
* E. For furnishing an abstract copy of a record of birth $ 6.00
* F. For entering delayed record of birth $20.00
* G. For filing certificate of a person conducting business under any title other than their real name (which includes a certified copy) $30.00
* H. For filing by a person conducting business under any title other than their real name of statement of change of their residence, or of their discontinuance, retirement or withdrawal from, or of a change of location of such business $15.00
* I. For furnishing certified copy of certificate of person conducting business under any title other than their real name or a statement by such person of their discontinuance, retirement or withdrawal from such business $15.00
J. For recording the name & address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth $20.00 * K. For correcting errors in a record of death $20.00
* L. For furnishing a certificate of death $10.00
* M. For furnishing an abstract copy of a record of death $ 6.00
N. For issuing & recording licenses to keepers of intelligence offices $50.00
O. For issuing & recording licenses to keepers of billiard saloons, pool or sippio rooms or tables, bowling alleys, etc. 1st table or alley $60.00 for each additional table or alley $25.00
* P. For entering notice of intention of marriage and issuing certificates thereof $30.00
* Q. For entering certificate of marriage filed by persons married out of the commonwealth $20.00
* R. For issuing certificate of Marriage $10.00
* S. For furnishing an abstract copy of a record of marriage $ 6.00
* T. For correcting errors in a record of marriage $20.00
* U. Dog Licenses
(1) Unspayed females $20.00
(2) Spayed females $15.00
(3) Males, unneutered $20.00
(4) Males, neutered $15.00
V. For recording power of attorney $15.00
W. For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof $20.00
X. For recording the name of the owner of a certificate of registration as a physician or osteopath in the Commonwealth $20.00
Y. For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase in number of wires and cable or attachments under the provisions of Sec.22 of Chap. 166 3.50 additional for each street or way included in such order flat rate $60.00 additional fee $ 8.00
Z. For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than $15.00
AA. For copying any manuscript or record pertaining to birth, marriage or death $ 6.00
BB. For receiving & filing a complete inventory of all items to be included in a "closing out sale" etc. per pg. $ 4.00
CC. For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof as provided by Sec. 2, Chap. 182 $60.00
DD. For recording deed of lot or plot in a public burial place or cemetery $12.00
EE. Recording any other documents per 1st page $12.00 per additional page $ 4.00
FF. For issuing burial permits $10.00

Section 3. Office of the Treasurer and Collector of Taxes

Fees of the Treasurer's Office shall be in accordance with Section 15 of Chapter 60 and other appropriate provisions of the Massachusetts General Laws in addition to those set out below.

A. Tax Payment Research Report
1. All requests for tax payment research covering more than a two year period (excluding herein request for municipal lien certificate) must be in writing and paid in advance.
2. To prepare three year tax research report minimum $12.00
For each additional year requested $ 3.00

Section 4. Department of Community Safety

(ART. 24, ATM – 05/07/01) (ART. 24, ATM – 05/04/92)
(ART. 17, ATM –04/24/96)

A. Fire Services Division - Chapter 148 Fees The Schedule for fees for licenses and registrations relating to the keeping, storage and manufacture of any of the articles listed in Section 9 of Chapter 148 of the General Laws except fireworks, firecrackers and torpedoes, in accordance with the provisions of Section 13 of said Chapter 148, as amended, shall be as follows:

1. Vehicles Containing Inflammable Fluids Fees for licenses for garages and for keeping and storage for sale of petroleum products or any other inflammable fluids, required under Chapter 148 of the General Laws, Section 13, as amended, are hereby established as follows:

Aggregate Car Storage Capacity Fee for
for each Garage Original License
5 to 10 cars $36.00
11 to 50 cars $54.00
51 cars or over $90.00

2. Premises Storing Inflammable Fluids for Use or Sale
Fees or licenses for keeping and storage for sale of petroleum products or another inflammable fluids are hereby established as follows, except where the license is issued for the keeping and storage for direct consumption on the premises licensed or direct consumption by motor vehicles owned by the licensee or their assignee and not for sale of petroleum products or any other inflammable fluids:

Aggregate Storage Capacity for Fee For
Entire Parcel of Land Licensed Original License

Class A - 165 to 5,000 gallons Flat fee of $36.00
Class B - 500 to 5,000 gallons Flat fee of $36.00
Class C - 1,000 to 5,000 gallons Flat fee of $36.00
All classes - 5,001 to 10,000 gallons $7.00 per thousand gallons
All classes - 10,001 to 50,000 gallons $290.00
All classes - 50,001 to 100,000 gallons $360.00
All classes - 100,001 to 500,000 gallons $540.00
All classes - 500,001 to 1,000,000 gallons $900.00
Over 1,000,000 gallons $1,800.00

If a license is applied for solely for the purpose of keeping and storing for direct consumption on the premises licensed or for direct consumption by motor vehicles owned by the licensee or their assignee and not for sale, of petroleum products or any other inflammable fluids, the fee shall be ($36.00).

Except as otherwise provided for in this section, the fee for a certificate of registration provided for in General Laws, Chapter 148, Section 13, as amended, shall be one-half of the license fees according to the schedule set forth above, payable to the Town Clerk annually on or before April 30th in each year.

3. Permits for Hazardous Activities Permits granted Section 10A -
Chapter 148 of the Massachusetts General Laws

Supervised display of fireworks $30.00
Oil burner installation or alteration $15.00
Installation of liquified petroleum equipment $30.00
Certificate of approval - flammable fluid tank trucks $20.00
Storing of gunpowder and small arms ammunition $15.00
Blasting of rock $100.00
Keeping, sale and use of model rocket engines $15.00
Use of salamanders for drying construction materials $15.00
Supervised firing of cannon $15.00
Tar Kettles $15.00

4. Installation of Fire Detection and Extinguishing Systems
Schedule of permit fees for the installation of fire detection and extinguishing systems required by the Commonwealth of Massachusetts Building Code:

Fire detection and alarm systems - 1 to 10 outlets $15.00: each additional 10 outlets or fraction thereof $8.00.

Fixed chemical, powder or inert gas extinguishing systems $15.00.
Fire line and/or standpipe installations $15.00 plus $5.00 for each hose outlet.

To install a sprinkler system in an existing building, the fee will be $18.00 minimum up to 10 sprinkler heads - additional heads $2.00 each -
maximum $250.00.

To install a sprinkler system in a new building, the fee will be $18.00 minimum up to 10 sprinkler heads - additional heads $2.00 each - maximum $250.00.

Plan examination fee for above will be $30.00.
5. Fees For Fire Safety Services
Connecting private Fire Alarm Box to the municipal system
$120.00 plus cost of materials
Private fire alarm systems tests $20.00
Fire alarm master box connection $325.00
Sprinkler or standpipe test or shutdown for repairs $20.00
Licenses for land for explosives and Inflammable materials $1800.00
Miscellaneous Inspections and Fees $20.00
Underground Flammable Tank Removal or Relocation Fee $360.00
Smoke Detector Inspections
1 family $20.00
2 family $30.00
3 to 5 family $40.00
6 and up $60.00
Research location of underground tanks
$25.00 per hour, 1 hour minimum.

6. Penalty for Premature Work Where any work is started without a permit, all required fees will be twice the scheduled fee.

7. Fee For Medical Emergency Response Service The fees for use
of the Town Rescue Vehicle shall equal the maximum allowable rate
approved for any beneficiary of health insurance under Title XVIII of the Social Security Act for a medically necessary service as determined by the U.S. Secretary of Health and Human Services.

B. Office of the Building Inspector
1. Schedule of Building Permit Fees
New construction (including additions, alterations, repairs to existing buildings)
$15.00 per $1,000. of estimated cost of construction
minimum fee - $36.00.

To demolish any building
$15.00 per $1,000. (cost of demolition)
minimum fee - $36.00.
Signs
$7.00 per $100. (based on cost of sign)
minimum fee - $36.00

Moving of a structure
$60.00 for any building of assessed value under $5,000
$15.00 per $10,000. for any building assessed valuation over $5,000

minimum fee - $60.00.
Preliminary permits for foundations
$15.00 per $1,000. of estimated cost of construction
minimum fee - $30.00.

Buildings being built for and owned by Town, County, State or U.S. shall be exempt from paying fees. The Housing Authority will pay permit fees if Federal or State Grant programs allow them as a project cost.

Occupancy Permits
$36.00 for commercial buildings
$36.00 for single and two family dwellings
All other uses - $30.00.

Petition to Building Board of Appeals $120.00.

Plan Review - (Zoning or Building Code)
$5.00 per $1,000. of estimated cost of construction. If no construction is contemplated, then $50 per hour of Building Inspector's time. Fee may be waived at discretion of Building Inspector.

To inspect and certify buildings and structures in accordance with Section 108.5.1 and Table 108 of the Massachusetts State Building Code as revised.

If plan review is deemed necessary for large projects, it shall be done by outside consultants of which cost shall be paid for by applicants or owners, etc.

Where any work is started without a permit, all required fees will be triple the scheduled fee.

Re-inspection necessary because of violations or work not ready on a requested inspection - $30.00 before inspection is made.

2. Schedule of Plumbing Permit Fees
$24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

$6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.

$24.00 - minimum fee.

Work started without a permit - all fees shall be tripled.

3. Schedule of Gas permit Fees
$24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

$6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.

$24.00 - minimum fee.

Work started without a permit - all fees shall be tripled.

4. Plumbing - Gas Combined
Gas fired, automatic water heaters shall be rated as one fixture.

5. Electrical Permits
$24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

$6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.
$24.00 - minimum fee.

Work started without a permit - all fees shall be tripled.
6. Board of Examiner Fees For Building Licenses
$48.00 for single class or combination of classes.

$30.00 for renewal if renewed within 30 days of expiration.

$42.00 for reissue after 30 days of expiration.

Section 5. Department of Human Resources

(ART. 24, ATM – 05/07/01) (ART. 13, ATM – 04/30/03)
A. Board of Health
1. Handling of Wood Alcohol Permit $ 6.00
2. Fee for Clubs to Disperse Food and Beverages $12.00
3. Home Caterer Permit Fee $46.00
4. Garbage Removal Fee $12.00
5. Inspection of Pasteurizing Plants $50.00
6. Regulation of Milk Products $12.00
7. Food Operator Permit Annual Fee $120.00
8. Mobile Food Units $95.00
9. Retail Food Permit Annual Fee $65.00
10. Permit for Public and Semipublic Pools $110.00 (Exclude nonprofit entities)
11. Tanning Facilities $145.00
12. Waste Haulers $110.00
13. Tobacco Vendor $500.00
14. Massage Therapist $50.00
15. Massage Establishment $40.00
16. Camp $55.00 17. Body Art Establishment $1,000
18. Body Artist $200.00
19. Reinstatement Fee $100.00
20. Temporary Food Permits $25.00 per event
(Exclude nonprofit entities)
21. Inspection of caterers providing services without Arlington based permit $25.00 per function
22. Food Operator Plan Review $100.00
23. Retail Food Plan Review $50.00
24. Any failure by a food operator or retail food owner to correct any violation after follow-up inspection shall be subject to a daily $50 fine, each day of violation to be considered a separate offense.

B. Sealer of Weights and Measures
1. Scales Etc
Scale w/capacity over 10,000 lbs $100.00
Scale w/capacity 5 10,000 lbs $75.00
Scale w/capacity 1 5000 lbs $50.00
Scale w/capacity 100 1000 lbs $25.00
Scales/balances 10 100 lbs $20.00
Scales/balances under 10 lbs $10.00
Liquid capacity measure of cap. of
more than 1 gal. & measures on pumps (gasoline) $15.00
Liquid measuring meter dia 1/2"-l" $15.00
Liquid measuring meter dia over 1"
Vehicle tank pump $50.00
Vehicle tank gravity $60.00
Bulk storage $72.00
Bulk storage w/cert. prover $36.00
2. Taximeter $20.00
3. Device to determine linear or area $15.00
4. Milk bottles or jars $20.00
5. Vehicle tanks used in sale of commodities by
Liquid measure per 100 gal. $20.00
6. Separate tanks - Same vehicle (each) $20.00
7. All other weights and measures (Metric, Apothecary, Troy each) $2.50
8. Yard Sticks/Tapes $2.50
9. Scanners
3 or less $75.00
4 to 11 $150.00
more than 11 $250.00
10. Reverse Vending $10.00

C. Youth Consultation Center Fees established to maximum permitted by Rate Setting Commission.

D. Athletic Field Users Fees
(ART. 78, ATM – 05/26/04)

(1) Organized adult groups: $20.00 per hour
(2) Out of Town groups: $50.00 per hour

The Parks and Recreation Commission will establish rules and regulations to enforce the above. All receipts for this purpose shall be deposited into a revolving fund as established by Town Meeting for the maintenance and reconstruction of the playing fields of the Town.

Section 6. Select Board

(ART. 24, ATM – 05/07/01)
1. Common Victualler $ 60.00
2. Food Vendor $ 60.00
3. Wine & Malt Beverages Only $1,750.00
4. All Alcohol Restaurant $3,000.00
5. All Alcoholic Club $1,000.00
6. One Day Alcohol. $ 25.00
7. Hackney Carriage & Public Auto $50.00 per unit
8. Class I and Class II $ 100.00
9. Lodging Houses $ 50.00
10. Fortune Telling $ 60.00
11. Public Entertainment $ 100.00
12. Secondhand Dealer $ 100.00
13. Automatic Amusement Devices $120.00 per unit
14. Contractor/Drainlayer $ 75.00
15. Dumpster Permit $ 24.00
16. Awning Permit $ 50.00

Section 7. Department of Public Works

(ART. 29, ATM – 05/09/01) (ART. 30, ATM – 05/09/01)
(ART. 23, ATM – 05/01/02)
.
A. Commercial trash pickup by the Department of Public Works shall require a sticker (s) sold by the Department of Public Works for a fee of $2.30 per week per 4 cubic foot (or 32 gal) container attached to the container. Commercial trash containers without this sticker will not be collected.

B. Items containing CRT (Cathode Ray Tubes) and white goods including
major household appliances such as water heaters, air conditioners, stoves, and refrigerators shall be picked up by the Department of Public Works by appointment if the item is tagged with a sticker sold by the Department of Public Works for a fee of $20.00.

Section 8. Interest on Unpaid Charges:

(ART. 40, ATM – 05/12/97) (ART. 13, ATM – 04/28/99)
Simple interest at 10% per annum shall accrue on all unpaid Town Fees and charges on the first day after the due date.

Section 9. Miscellaneous

(ART. 29, ATM – 05/09/01)
Bicycle Registration $4.00

ARTICLE 4
LICENSES AND PERMITS OF DELINQUENT TAXPAYERS

(ART. 18, ATM – 04/27/88)

Section 1. Town Officers' Duty to Report

The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually 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.

Section 2. Licensing Authority Denial

The licensing authority may deny, revoke or suspend any license or permit including renewals and transfers of 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 after said notice.

Said list 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.

Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license 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.

Section 3. Payment Agreement

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 the holder be given notice and a hearing as required by applicable provisions of law.

Section 4. Select Board Waiver

The Select Board 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 their immediate family, as defined in section one of chapter two hundred and sixty-eight in the business or activity conducted in or on said property.

Section 5. Nonapplication in Certain Licenses

This bylaw 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.