[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)]
Noncriminal disposition shall be an alternative
method of enforcement of Town ordinances.
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.
[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
| |
Alcoholic beverages (open containers)
|
$200
| ||
Alcoholic beverages (minors)
|
$200
| ||
Keeping of roosters
| |||
First violation
|
$25
| ||
Second violation
|
$50
| ||
Third violation
|
$100
| ||
Operations of vehicles on beach
|
$100
| ||
Ch. 32, Art II
|
Obstruction of public access
|
$100
| |
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
| |
Distribution of advertising
|
$50
| ||
Commercial handbills
|
$100
| ||
Ch. 104
|
Handicapped parking
|
$100
| |
Ch. 108
|
Toxic and hazardous materials
|
$200
| |
Historic properties
|
$100
| ||
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
| |
Use of land on Main Street
|
$50
| ||
Camping on public or private property
|
$100
| ||
Protection of privacy
|
$50
| ||
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
| |
Vehicle within a closed area (Sandy Neck Beach
Park)
|
$150
| ||
Vehicle without a valid permit (Sandy Neck Beach Park)
|
$150
| ||
Ch. 180
|
Scenic roads
|
$50
| |
Sewer use
|
$100
| ||
Advertising devices and billboards
|
$100
| ||
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
| |
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
|
[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
|
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
|
[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
|
[Added 9-2-2010 by Order No. 2011-003]
Offense
|
Fine
|
---|---|
Violation of Sandy Neck Beach regulations
|
$50
|