Violations of By-Laws and Rules & Regulations
Any person taking cognizance of a violation of a specific by-law, rule, or regulation which he is empowered to enforce, the violation of which is subject to a specific penalty, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof at any time during office hours, not later than twenty-one days after the date of such notice to allow for the non-criminal disposition of such offense(s) in accordance with the provisions of Massachusetts General Laws Chapter 40 Section 21D.
Conservation Commission
Any person who violates any provision or condition of an order or permit issued by the Conservation Commission or who violates any provision of any Massachusetts statue for which the Conservation Commission has enforcement responsibility, specifically the Wetlands Protection Act (Massachusetts General Laws. Chapter 131. Section 40) and the regulations issued thereunder, may be punished by a fine of not more than $300.00. Persons subject to fine for such violations may include property owners and contractors and other agents of such property owner.
Each day or portion thereof during which a violation continues shall constitute a separate offence; if more than one, each condition violated shall constitute a separate offense. This provision may be enforced pursuant to Massachusetts General Laws. Chapter 40, Section 2lD, by a Town of West Tisbury Police Officer or other Town Officials but only if authorized by vote of the Conservation Commission. Specific violations and fines are listed below.
Conservation Commission Bylaw Violations
| Reference | Subject | Fine | |
|---|---|---|---|
| Section 1 | Violation in Buffer Zone: permitting activity or (ii) Negative Determination | $50 $100 $150 | 1st Offense 2nd Offense 3rd Offense |
| Section 2 | Violation in Resource Area: permitting activity or (ii) Negative Determination | $100 $150 $200 | 1st Offense 2nd Offense 3rd Offense |
| Section 3 | Failure to record Order of Conditions | $20 | |
| Section 4 | Failure to post DEP file number on property | $20 | |
| Section 5 | Failure to comply with mitigation measures as indicated in Enforcement Order | $50 | |
| Section 6 | Failure to stop activity in Buffer Area as directed in Enforcement Order or as ordered by Police Officer, other officer having police powers, or Commission member | $75 $150 $200 | 1st Offense 2nd Offense 3rd Offense |
| Section 7 | Failure to stop activity in Resource Area as directed in Enforcement Order or as ordered by Police Officer, other officer having police powers or Commission member. | $100 $200 $300 | 1st Offense 2nd Offense 3rd Offense |
| Section 8 | Failure to comply with general or special condition contained in Order of Conditions | $50 $100 $150 | 1st Offense 2nd Offense 3rd Offense |