Burnt toast: Town ponders ordinance enforcement

“It was really an unfortunate accident and, with the person who wrote the letter, it was recommended that we look for increasing signage,” Adams said. “Well, signage doesn't do anything to actually enforce the order. So, the question was can we do a better job of enforcing these ordinances?”

Adams said that lone incident got him thinking about other town ordinances, including the recently enacted rules on short-term rentals — which were passed on a 3-2 selectboard vote in February and roundly reinforced during a special town meeting May 1.

“Are we consistent in our enforcement? Are we fair and equitable across all ordinances?” Adams wondered.

Town manager Charles Safford said reduced numbers on the police department make it tough to get to all things all the time. He said he and police chief Don Hull have entertained the idea of an “ambassador program,” where a retired cop looking for part-time hours could work with some volunteers “to give more awareness of what it takes to cohabitate on that path.”

Safford said cops have leeway when it comes to their law enforcement duties.

“Typically, you rely on officer discretion, the totality of the circumstances,” Safford said. “Generally, you’re trying to educate and inform, and our main goal is to get compliance. We want people to obey the law.”

That’s the point, Adams countered —the rec path incident is just an example of how the town enforces its ordinances, and not just police-related ones.

“There was a lot of discussion through the public discussion that we had on the short-term rentals, there were a lot of comments that the town does not enforce its ordinances,” Adams said.

He said discretion is important, but so is consistency.

Safford said that, even with zoning bylaw violations, the town can enforce them with penalties, and it sometimes does. However, first, the town typically gives folks a second chance.

“It’s hard to codify everything neatly and put bow tie on it,” he said. “That’s why you hire experienced people to assess and determine, and to enforce as may be appropriate.”

Selectboard member Paco Aumand said the issue of discretion is “a management tool,” not a political one.

“I would not want to support any limitation of management, staff or employee’s ability to exercise discretion,” Aumand said.

Some town ordinances could use a little updating to help eliminate guesswork by the folks in charge of enforcing them. Fire chief Scott Reeves pointed to the town’s alarm ordinance.

“The only thing the ordinance allows us to fine (someone) for is a malfunction of the system,” he said. “If you burn toast every week and we come to your house and you’re burning toast, I wouldn’t be able to fine you.”