Ever think about leaving the rusted-out 1983 Oldsmobile Cutlass Supreme that your grandmother left you in the parking lot at the town beach after dark and walking away? Article 21 may make you think twice about that plan, which would violate three municipal bylaws. If Town Meeting passes this article, the town will be able to put a lien on the properties of residents who ignore charges, fees, or fines for violating the town’s bylaws.
While multiple bylaw violations carry a fine, some as high as $300 per offense, up until now the town has had no cost-effective method of collecting these fines if violators choose to ignore them. The town hopes that those who owe fines will be more motivated to pay them knowing that a lien could be placed on their property. Town Administrator Tim Bragan told the Press that the amount owed to the town for unpaid fines varies throughout the year, but it is typically between $5,000 and $10,000 at any point in time.
Bragan said the town would first send a letter reminding violators of the money owed. Should the warning be ignored, the town would record a lien on the scofflaw’s property with the Worcester District Registry of Deeds. The amount owed would also be added onto the violator’s next property tax bill. If the fines are not paid, the town would collect the amount of the lien when the property was sold.
There are two types of bylaws in Harvard. One is the protective bylaw, which has to do with multiple aspects of zoning. This bylaw carries few fines that would apply to residents. The other is the general bylaw, which is a collection of regulations that cover many aspects of life in town, and many have a fine associated with violations. Adding or modifying bylaws requires approval of both Town Meeting and the state Attorney General’s Office.
To fine or not to fine
About half of the general bylaws have fines associated with violations. Some are obvious, such as not licensing a dog, but others, such as the size of house numbers, are less obvious. Some violations, such as altering the exterior of a house in the historic district without first submitting an application to the Historical Commission, are considered new offenses for each day the violation continues. However, all the town officials and committee chairs who responded to the Press’ questions regarding fines said they try to work with residents to avoid fines.
Historical Commission Chair George Triantaris told the Press that in his six years on the commission, it has never instituted a fine, although there have been violations. The bylaw allows for a $300 fine per day for the length of time the violation continues. But Triantaris said, as long as the owner works with the commission to resolve the situation, it would likely only issue the fine for a short time.
Planning Board Chair Richard Cabelus said essentially the same thing about violations of the scenic road bylaw. Cutting or removing trees or taking down stone walls on scenic roads without applying to the Planning Board for permission also carries a fine of $300 per day until the violator applies to the board to discuss restoration. Cabelus said there have been violations in the past two years, but during his tenure, the board has elected not to issue any fines. Instead, he said, the board “has tried to informally work with people to resolve any issues related to scenic roads and work with them as good neighbors.”
The town beach has many bylaw regulations, most related to boating safety. But Bob O’Shea, the town’s harbormaster, told the Press that in his time on the job, he has given out only two penalties for reckless behavior on the water. He said he has also fined a handful of residents $25 for leaving their boats on racks after the November deadline. None of the fines was contested; all were paid.
Conservation agent Liz Allard said the Conservation Commission has issued fines for violations of the wetland protection bylaw, but never a multi-day fine. She said the largest fine was $900, issued twice, both for violating three different provisions or orders.
Common and uncommon fines—and beverage-takings
Some of the more common bylaws that residents might be prone to violate are failing to license a dog by April 1 ($15 fine after five days), operating a motor vehicle at the beach or the Transfer Station without a valid sticker ($50 per offense), and parking in a handicapped spot ($100 for first offense, $200 for second, and $300 for third and subsequent offenses).
But there are some that citizens may not be aware of. For instance, consuming alcoholic beverages is prohibited on any public way, park, or playground without consent of the person in control of that space. It is also prohibited on private land without the consent of the owner. Note that beverages will be seized until the matter is adjudicated. The fine is $50 per offense.
For those who are annoyed by people knocking on their door to sell them something, be aware that canvassers and solicitors must obtain an annual license from the Harvard Police Department before setting out to hawk their wares. Not having a license carries a $50 fine. In addition, misrepresenting cancellation policies for orders, ignoring “no trespassing” or “no solicitors” signs, or soliciting between sunset and 9 a.m. carries the same fine.
As for grandma’s car, leaving a junked vehicle in a public way is a violation, as is keeping more than one unregistered vehicle outdoors without a permit. Fine is up to $20 per day after a 30-day warning notice is issued.
Finally, the house numbers bylaw was adopted in 1992 to make sure that the numbers were visible to emergency vehicles. The bylaw is very specific about what that entails. Each number must be at least 3 inches high and three-quarters of an inch wide, with no more than 2 inches between numbers. The numbers must also be of a contrasting color from the background they are on. The fine is up to $10 per day.
Fire Chief Rick Sicard told the Press the only time the Fire Department issues house number violations is on transfer of ownership. If the house number isn’t up to bylaw standards, the new owner would not be issued a smoke and carbon dioxide inspection certificate until the violation is corrected.
Town Administrator Bragan told the Press fines only come up when violations become apparent. He said that, should the municipal lien bylaw pass, there is no plan for anyone to drive around town measuring house numbers. For residents who might not want to take that chance, the green house number signs that the Fire Department installed last fall will soon be available again. Anyone interested in obtaining one should contact Jen Schoenberg at jschoenberg@harvard-ma.gov.
