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(3-11-26 Document #4) ARTICLES 29, 30, and 31

Budgets & Finance · Record date 2026-03-11 · Record 2a04e751600fcb4616

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Saved text from 3 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

ARTICLE 29

AMEND BYLAW ARTICLE XVII SECTION 1 HAZARDOUS MATERIALS SUBSECTION 16 PENALTY AND
SUBSECTION 17 FEES
Article 29 To see if the Town will vote to amend the General Bylaw Article XVII Section 1 Subsection 16 and
Subsection 17 to provide consistency between the General Bylaws and the Board of Health Policies. The
amendments are as follows with the new language in bold and deleted language in strikethrough:

Section 1 Hazardous Materials
Subsection 16 Penalty
Any person who violates any provision of this By-Law shall be punished by a fine of not more than three hundred
($300.00) dollars. Each day or portion thereof during which a violation continues shall constitute a separate
offense if more than one, each condition violated shall constitute a separate offense. This By-Law may be enforced
pursuant to M.G.L., Chapter 40 Section 21D by the Board of Health, a Canton Police Officer or any other officer
having police powers.

Section 1 Hazardous Materials
Subsection 17 Fees
Any person registering storage of hazardous materials pursuant to subsection 6 shall pay to the town of Canton an
annual registration fee set by the Board of Health. Such a fee shall be due on the same date as the annual
registration. Failure to pay shall constitute a violation and shall be subject to the penalties of subsection 16 of the
By-Law.

Or to take any other action related thereto.
Select Board

MOVED:           To amend Bylaw Article XVII Section 1 Hazardous Materials Subsection 16 Penalty and
Subsection 17 Fees to provide consistency between the General Bylaws and the Board of Health
Policies as presented in warrant.


                                         FINANCE COMMITTEE VOTE:


DISCUSSION:


                              APPROVED__________DISAPPROVED__________

Source page 2

ARTICLE 30

AMEND BYLAW ARTICLE XIV POLICE REGULATIONS SECTION 41 WATER WELLS
Article 30 To see if the Town will vote to amend the General Bylaw Article XIV Section 41 to provide consistency
between the General Bylaws and the Board of Health Policies by amending the language. The amendments are as
follows with new language in bold and deleted language in strikethrough:

Section 41 Water Wells
    a) No person or entity corporate or otherwise, as owner or as one in control of premises shall excavate or
         drill in the Town of Canton for the purpose of creating and maintaining a well for commercial use without
         first obtaining from the Select Board Board of Health written authorization for said excavating or drilling.
    b) Any person or entity who violates this By-Law shall be liable to a fine of $20.00 $300.00 or penalty set
         by the Board of Health for each day said violation continues.

Or take any other action related thereto.
Select Board

MOVED:           That General Bylaw Article XIV Police Regulations Section 41 Water Wells b e
a m e n d e d to provide consistency between the General Bylaws and the Board of Health Policies by
amending the language as presented in warrant.


                                        FINANCE COMMITTEE VOTE:


DISCUSSION:


                              APPROVED__________DISAPPROVED__________

Source page 3

ARTICLE 31

AMEND BYLAW ARTICLE XVI MISCELLANEOUS SECTION 9 REGULATING SMOKING
Article 31 To see if the Town will vote to amend General Bylaw Article XVI Section 9 D through I to provide
consistency between the General Bylaws and the Board of Health Policies by amending the language. The
amendments are as follows with new language in bold and deleted language in strikethrough:

Section 9 Smoking
D. Smoking Prohibited: Smoking is prohibited per MGL Ch. 270 § 22 in all workplaces, restaurants, bars, and all
enclosed or public places within the Town of Canton except as may be authorized in section F of this bylaw.
E. Posting Notice of Prohibition: Every person having control of premises upon which smoking is prohibited by and
under the authority of this bylaw shall conspicuously display upon entry of the premises “No Smoking” signs using
a clearly readable font with at least 2-inch highly contrasted lettering, or the international “No Smoking” symbol
(consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it at
least 6 inches in diameter). F. Exceptions: Notwithstanding the provisions of Paragraph D of this bylaw, smoking
may be permitted in the following places and/or circumstances:
          1. Private residences, except those portions used as a childcare or health care office when operating as
such,
          2. Retail tobacco stores where the owner or manager ensures that persons under the age of eighteen
(18) twenty-one (21) may never enter the premises at any time, and where the owner or manager conspicuously
posts signs, acceptable to the Board of Health, at the entrance(s) stating that persons under the age of eighteen
(18) twenty-one (21) are prohibited from entering the premises and stating further that environmental tobacco
smoke is hazardous to health;
G. Conflict with Other Laws or Regulations: Notwithstanding the provisions of the foregoing Paragraph F of this
regulation, nothing in this regulation shall be deemed to amend, repeal or override applicable 95 REVISED General
By-Laws (2024 edition) fire, health or other regulations or statutes so as to permit smoking in areas where it is
prohibited by such fire, health or other regulations or statutes.
H. Violations and Penalties: Any person, employer, and/or their employee or business agent, who violates any
provision of this bylaw, the violation of which is subject to a specific penalty, may be penalized by the non-criminal
method of disposition as provided in MGL c 40, § 21D or by filing a criminal complaint at the appropriate venue. It
shall be the responsibility of an employer, or their employee or business agent, to ensure compliance with all
sections of this bylaw. Penalties are per the Canton Board of Health “Regulation of the Sale of Tobacco
and Nicotine Products” Amended 2025 as well as all subsequent amendments.

    I.       Penalties: Any person who violates any provision of this bylaw shall be subject to a fine of one
             hundred dollars ($100) for a first offense, two hundred dollars ($200) for a second offense within one
             year of the date of the first offense and three hundred dollars ($300) for a third or subsequent
             offense within one year of the date of the first offense. Violations of this bylaw may be enforced in the
             manner provided in MGL c 40, § 21D.
Or to take any other action related thereto.
Select Board

MOVED:          That Bylaw Article XVI Miscellaneous Section 9 Regulating Smoking b e a m e n d e d
to provide consistency between the General Bylaws and the Board of Health Policies by amending the
language as presented in warrant.


                                        FINANCE COMMITTEE VOTE:


DISCUSSION:


                              APPROVED__________DISAPPROVED__________