Town of Barnstable, MA Article I Noncriminal Enforcement of Violations

[Adopted 11-5-1988, approved 1-3-1989; amended 12-19-1991; 6-5-2003 by Order No. 2003-091 (Art. I of Ch. IV of the General Ordinances as updated through 7-7-2003)]

§ 1-1 Alternative method of enforcement.

Noncriminal disposition shall be an alternative method of enforcement of Town ordinances.

§ 1-2 Enforcing officials designated.

A. Any ordinance of the Town of Barnstable, or rule or regulation of its boards, commissions and committees, the violation of which is subject to a specific penalty, may in the discretion of the Town official who is the appropriate enforcing person, be enforced in the method provided in § 21D of Chapter 40 of the General Laws. "Enforcing person," as used in this article, shall mean:

(1) The Town Manager or any police officer of the Town of Barnstable, with respect to any offense; and

(2) The Airport Manager and his designees;

(3) The Building Commissioner and his designees;

[Amended 1-20-2005 by Order No. 2005-038]

(4) The Natural Resource Division Supervisor and his designees;

(5) The Conservation Agent and his designees;

(6) The Harbormaster and his designees;

(7) The Director of the Public Health Division and his designees;

(8) The Director of Regulatory Services and his designees;

[Amended 12-4-2008 by Order No. 2009-044]

(9) The Tree Warden and his designees; and

(10) Such other officials as the Town Manager may from time to time designate, each with respect to violation of ordinances and rules and regulations within their respective jurisdictions.

B. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.

§ 1-3 Schedule of Fines.

[Amended 9-2-2004 by Order No. 2005-004; 11-4-2004 by Order No. 2005-019; 1-20-2005 by Order No. 2005-038; 6-1-2006 by Order No. 2006-127; 9-2-2010 by Order No. 2011-003; 5-5-2011 by Order No. 2011-097; 8-1-2013 by Order No. 2013-043; 10-1-2015 by Order No. 2016-028; 11-7-2019 by Order No. 2020-037]

The following shall be the schedule of fines for the method of enforcement authorized by § 1-2:

Code Chapter/Section	Subject		Fine
Ch. 17	Alarm system		$100
Ch. 20, Art. I	Alcoholic beverages (open containers)		$200
Ch. 20, Art. II	Alcoholic beverages (minors)		$200
Ch. 24, Art. II, § 24-4	Keeping of roosters
		First violation	$25
		Second violation	$50
		Third violation	$100
Ch. 32, Art. I	Operations of vehicles on beach		$100
Ch. 32, Art II	Obstruction of public access		$100
Ch. 40, Art. I	Motorboats on waterways		$50
Ch. 40, Art II	Houseboats		$100
Ch, 40, Art. III	Moorings
		First offense	$100
		Second offense	$200
		Third and subsequent offenses	$300
Ch. 43	Body-piercing		$100
Ch. 47	Building procedures		$100
Ch. 51	Numbering of buildings		$50
Ch. 54	Building and Premises Maintenance		$100
Ch. 57	Sale of cigarettes from machines		$100
Ch. 59	Comprehensive occupancy		$100
Ch. 80	Fire lanes		$100
Ch. 89	Gambling		$200
Ch. 93	Garage sales		$25
Ch. 100, Art. I	Distribution of advertising		$50
Ch. 100, Art. II	Commercial handbills		$100
Ch. 104	Handicapped parking		$100
Ch. 108	Toxic and hazardous materials		$200
Ch. 112, Art. I	Historic properties		$100
Ch. 121, § 121-7	Town Manager regulations		$100
Ch. 125	Saunter or loitering		$50
Ch. 128	Operation of motorized conveyance on ways or places to which public has right of access		$50
Ch. 133	Anti-noise regulation		$150
Ch. 141, Art. I	Use of land on Main Street		$50
Ch. 147, Art. II	Camping on public or private property		$100
Ch. 147, Art. III	Protection of privacy		$50
Ch. 147, Art. V	Litter control
		First offense	$100
		Second offense	$200
		Third offense	$300
Ch. 150	Hawker or peddler		$100
Ch. 166	Raffles and bazaars		$100
Ch. 170	Rental registration
		Any violation	$100
		Two documented violations by owner in a 12-month period	$300
Ch. 173	Roller-skating and skateboarding		$50
Ch. 177, Art. I	Vehicle within a closed area (Sandy Neck Beach Park)		$150
Ch. 177, Art. I	Vehicle without a valid permit (Sandy Neck Beach Park)		$150
Ch. 180	Scenic roads		$50
Ch. 184, Art. I	Sewer use		$100
Ch. 192, Art. I	Advertising devices and billboards		$100
Ch. 192, Art. II	Signs		$100
Ch. 195	Single-use plastic carry-out bags
		First offense	Warning
		Second offense	$100
		Third offense	$200
Ch. 198	Removal of soil; sand pits		$50
Ch. 206, Art. II	Snow, ice and vehicle removal		$50
Ch. 205, Art. I	Synthetic marijuana and synthetic marijuana analogue		$300
Ch. 210	Swimming pools		$20
Ch. 221	Town trees		$100
Ch. 228	Unregistered motor vehicles		$200
Ch. 232	Wastewater discharge		$250
Ch. 237	Wetlands protection		$100
Ch. 240	Zoning		$100

§ 1-4 Fines for violations of Health regulations.

[Amended 12-4-2008 by Order No. 2009-044]

Offense	Fine
Violation of Board of Health regulations	$100
Violation of 105 CMR 410, State Sanitary Code, Chapter 2, Minimum Standards for Fitness for Human Habitation	$100

§ 1-5 Fines for violations of Town Manager's regulations.

Offense	Fine
Herring Regulations
Taking herring or alewives on a closed day	$50
Failure to remove fish caught	$50
Obstructing passage of herring or alewives	$100

Offense	Fine
Shellfishing Rules and Regulations
Shellfishing without a valid permit	$50
Taking of shellfish during a closed season	$50
Taking of shellfish on a closed day	$75
Removing shell from shellfish before coming ashore	$75
Taking shellfish in excess of family weekly limit or the amount allowed on a family special permit	$75
Taking scallops in excess of family weekly limit	$75
Taking scallops in other than designated area	$75
Taking sea worms on Saturday	$15
Taking sea worms in excess of 100 per family per week.	$15
Selling shellfish, sea worms or eels with a family permit	$75
Failure to visibly display permit while shellfishing	$15
Transfer of family permit	$15
Shellfishing under 12 years old without licensed adult	$15
Shellfishing in closed area and/or damaging public and/or private culturing gear in a closed area	$100
Taking shellfish in excess of commercial daily limit	$300
More than two commercial permits per boat	$75
Possession of more than 5% seed per batch of shellfish	$300
Taking scallops without a well-defined annual growth ring	$25
Using other than tools permitted for shellfishing	$75
Use of scallop dredge in excess of 32 inches width	$75
Dredging scallops in air temperature below 28° F.	$15
Diving for shellfish without displaying proper flag	$75
Taking of shellfish from any shellfish grant	$100
Shellfishing during nighttime hours as defined	$300

Offense	Fine
Dog Regulations
Violations of dog regulations	$50

§ 1-6 Fines for violations of Conservation Commission regulations.

[Amended 2-3-2011 by Order No. 2011-045]

Offense	Fine
Wetlands Violations (Ch. 237)
Violations within wetlands resource area	$200
Violations within 100 feet of a wetlands resource area	$200
Failure to comply with an enforcement order issued by the Barnstable Conservation Commission or its agents	$300
Any unauthorized activity beyond the scope of an order of conditions, determination of applicability or certificate of compliance issued by the Conservation Commission	$300

Offense	Fine
Land Use Regulations (Ch. 701)
Littering	$300
Illicit dumping	$300
Unauthorized vehicle use (cars, trucks, ATV, motorcycles, dirtbikes):
First offense	$100
Second offense	$200
Cutting or removal of vegetation, soil, or stone	$200
Consumption of alcoholic beverages	$100
Camping	$200
Defacing or destruction of any structure, sign or gate.	$200

Offense	Fine
Shooting Range (Ch. 702)
Violations of shooting range regulations	$150

§ 1-6.1 Fines for violation of Marine and Environmental Affairs Division Regulations

[Added 9-2-2010 by Order No. 2011-003]

Offense	Fine
Violation of Sandy Neck Beach regulations	$50