[HISTORY: Adopted by the Town Meeting of
the Town of Lexington as indicated in article histories. Amendments
noted where applicable.]
[At the Annual Town Meeting held on April
9, 2001, under Article 29, it was voted to accept the codification
of the General By-Laws and Zoning By-Law of the Town of Lexington
as set forth as Part I and Part II of this Code. Article 29 was approved
as to the General By-Laws only by the Attorney General on August 30,
2001. At the Annual Town Meeting held on April 22, 2002, under Article
21, it was voted to accept the codification of the Zoning By-Law as
set forth in Part II of this Code. For a complete list of edits and
modifications, see Attachment B of Article 21, which is on file in
the office of the Town Clerk. Article 21 was approved by the Attorney
General on September 11, 2002.]
[Adopted 4-3-1967 ATM by Art. 83 as Art. I of the 1967
Bylaws]
[Amended 5-3-1982 ATM by Art. 48]
The following provisions shall constitute the
General By-Laws of the Town of Lexington, which shall be in lieu of
all General By-Laws heretofore in force except bylaws or other regulations
relating to zoning.
The following rules of construction shall be
observed unless their observance would involve a construction inconsistent
with the manifest intent of the voters, or repugnant to the context
of the bylaw.
A.Â
The repeal of a bylaw shall not revive any law in
force when the bylaw repealed took effect.
B.Â
The repeal of a bylaw shall not affect any punishment,
penalty incurred before the repeal takes effect, or any suit, prosecution
or proceeding pending at the time of the repeal for any offense committed
or for the recovery of a penalty incurred under the bylaw repealed.
C.Â
Whenever publication under any bylaw of the Town is
required in a newspaper published in the Town, it shall be sufficient
when there is no newspaper published therein, if the publication is
made in a newspaper, which by its title page, purports to be printed
or published in the Town, or which has the general or substantial
circulation therein as a local paper.
D.Â
Whenever a penalty is provided for the violation of
a bylaw, it shall be for each such violation.
E.Â
Words and phrases specifying or naming any board,
officer, department, committee, commission, authority or trustee of
the Town shall be construed as including the lawful successor, or
the persons having the powers and performing the duties of such board,
officer, department, committee, commission, authority or trustee.
In construing these By-Laws the following words
shall have the meaning herein given unless a contrary intention clearly
appears.
A.Â
The word "street" shall include highways, Town ways,
public ways and all public streets, roads, bridges, alleys, courts,
and sidewalks, and also those portions of public squares, parking
lots and places which form traveled parts of public ways.
B.Â
The words "public place" shall include all commons,
parks, playgrounds and public lands belonging to or in the charge
of the Town, or any of its departments, and those portions of public
squares, parking lots and places which do not form traveled parts
of public ways.
C.Â
The words "public building" shall include all buildings
belonging to or under the control of the Town or any of its departments.
D.Â
The word "person" shall include corporations, societies,
associations, partnerships and individual business proprietorships.
E.Â
The word "horse" shall include any beast of burden.
F.Â
The word "driver" shall mean the person having the
charge or control of a vehicle or horse upon a street.
G.Â
The word "voter" shall mean a duly registered voter
of this Town .
H.Â
The words "town officer" or "officer" shall include
any Town officers, either elected or appointed, serving as a member
of any permanently established board, department, committee, commission,
authority, or trusteeship or otherwise, but shall not include Town
meeting members.
Whoever violates any bylaw of the Town shall
pay for each offense a fine not exceeding $50 unless some other penalty
is expressly provided by law, or by some bylaw of the Town .
All fines and penalties for the violation of
any bylaws shall be paid into the Town treasury.
[Added 5-4-1988 ATM by Art. 52]
A.Â
Any bylaw of the Town of Lexington or any rule or
regulation of any Town officer, board or department, 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 Section 21D of Chapter 40 of the General
Laws. Enforcing person as used in this bylaw shall mean any regular
police officer with respect to any offense; the Building Commissioner,
Health Director, Conservation Administrator, and any such other official
as the Select Board may from time to time designate, each with respect
to violation of bylaws and rules and regulations within their respective
jurisdictions. If more than one official has jurisdiction in a given
case, any such official may be an enforcing person with respect thereto.
[Amended 3-27-2019 ATM by Art. 34]
B.Â
Without intending to limit the generality of the foregoing,
it is the intention of this bylaw that the following bylaws, rules
and regulations are to be included within the scope of this bylaw,
and that the specific penalties as listed here shall apply in such
cases:
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Chapter 9, Animals.
[Amended 3-28-1994 ATM by Art. 29; 3-20-2023 ATM by Art. 313-27-2023 ATM
by Art. 30] |
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§ 9-1, fine schedule: $50 per violation.
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§ 9-7, fine schedule:
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1st offense: $50.
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2nd offense: $100.
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3rd and each subsequent offense:
$300.
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§ 9-8, fine schedule
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1st offense: $50.
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2nd offense: $100.
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3rd and each subsequent offense:
$300.
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Chapter 20, Buildings, Energy Use.
[Added 3-28-2022 ATM by Art. 31] |
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Fine schedule: $300 per violation.
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Enforcement agency: Town Manager or Town Manager's designee.
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Chapter 43, Earth Fill and Removal.
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Fine schedule:
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1st offense: $50.
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2nd offense: $100.
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3rd and subsequent offenses: $200
per violation.
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Chapter 46. Engine Operation of Stopped Vehicles.
[Added 4-4-2007 ATM by Art. 16] |
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Fine schedule for offenses within a three-year
period:
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1st offense: written warning.
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2nd offense: $50 per violation.
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3rd offense: $100 per violation.
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4th offense and subsequent offenses: $200.
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Chapter 80, Noise Control.
[Added 4-11-2001 ATM by Art. 33] |
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Fine schedule:
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1st offense: $50 per violation.
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2nd offense: $100 per violation.
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3rd and subsequent offenses: $200
per violation.
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Chapter 81, Plastic Reduction
[Added 3-26-2018 ATM
by Art. 33] |
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Fine schedule:
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1st offense: warning.
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2nd offense: $25 per day.
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3rd and each subsequent offense: $50 per day.
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Enforcement agency: Town Manager or Town Manager's designee.
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Chapter 93, Parking.
[Added 3-27-2006 ATM by Art. 14] |
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Fine schedule: $100 per violation.
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Chapter 97, Public Conduct.
[Amended 3-25-2015 ATM
by Art. 39] |
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Chapter 100, Public Ways and Places.
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§ 100-2, Use of streets, sidewalks and public places.
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Subsection E, digging of streets,
etc., fine schedule: $50 per violation.
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§ 100-3, Removal and discharge of snow, water and ice.
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Subsection E, unlawful discharge
into sanitary sewer, fine schedule: $50 per violation.
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§ 100-5, Signs, advertisements and notices.
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§ 100-6, Defacing or moving signs or signals, fine schedule: $25 per violation.
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§ 100-7, Names of streets, fine schedule: $25 per violation.
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§ 100-8, Dumping and littering.
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Subsection C (brooks and other waterways),
fine schedule: $100 per violation.
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§ 100-9, Drinking fountains, fine schedule: $50 per violation.
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§ 100-10, Protection of the Battle Green rules and regulations, fine schedule: $50 per violation.
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§ 100-11, Injury to public plantings, fine schedule: $50 per violation.
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Chapter 120, Trees.
[Added 4-11-2001 ATM by Art. 34] |
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Fine schedule:
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1st offense: $50 per violation.
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2nd offense: $100 per violation.
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3rd and subsequent offenses: $200
per violation.
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Chapter 130, Wetland Protection.
[Amended 4-2-2003 ATM by Art. 24] |
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Maximum fine schedule:
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1st offense: $100 per violation.
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2nd and 3rd offenses: $200 per violation.
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4th and subsequent offenses: $300
per violation.
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Chapter 131, Running Bamboo.
[Added 10-21-2020 STM by Art. 5] |
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Fine schedule: $100 per violation per day.
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Chapter 135, Zoning.
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Fine schedule:
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1st offense: warning.
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2nd offense: $50.
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3rd and subsequent offenses: $100
per violation.
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Chapter 142, Cemeteries.
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Fine schedule: $25 per violation.
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Chapter 145, Conservation Commission.
[Amended 4-2-2003 ATM by Art. 24; 11-19-2012ATM by Art.
9] |
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Fine schedule: $100 per violation.
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Chapter 155, Health, Board of.
[Amended 4-9-1997 ATM by Art. 45; 4-8-1998 ATM by Art. 56; 3-24-1999 ATM by Art.
20; 4-3-2000 ATM by Art. 19; 4-9-2001 ATM by Art. 29; 4-9-2001 ATM by Art. 30] | |
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Article I
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Persons With Bare Feet Editor's Note: Article II of Ch. 155 is not listed here as it is currently reserved
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Article III
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Smoking and Tobacco Products
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Article IV
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Massage and Establishments for Massage, Vapor,
Pool or Other Baths
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Article V
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Use of Recombinant DNA Molecule Technology
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Article VI
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Article VIII
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Floor Drains
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Article IX
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Groundwater and Water Supply Protection
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Article X
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Private Wells
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Article XI
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Dumpsters
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Article XII
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On-Site Sewage Disposal Systems
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Article XIII
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Food Regulations
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Article XIV
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Nuisances
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Article XV
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Asbestos Removal, Containment and Encapsulation
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Article XVI
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Body Art
[Added 4-8-2002 ATM by Art. 24] |
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Fine Schedule
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Article I
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1st offense: $25 per violation
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2nd and subsequent offenses: $50
per violation
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Fine Schedule
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Article III
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Prohibition on smoking at Town recreation areas;
prohibition on smoking in the workplace
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Fine schedule for smoking restrictions:
$20 per violation for a person who smokes in a public place. For any
proprietor(s) or other person(s) in charge of a public place or workplace
who fail(s) to comply: $200 for each day a violation continues.
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Prohibition on tobacco sales to minors
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Fine schedule for sales to minors:
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$100 for the first offense;
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$200 for the second offense; and
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$300 for any subsequent offense
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Required posting of state law
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Fine schedule for failure to post:
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$50 per violation; $10 fine for
anyone unlawfully removing signage
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Prohibition of self-service displays of tobacco
products; requirements for sales personnel; prohibition of free distribution/sampling
of tobacco products; prohibition of reduced pricing of tobacco products;
prohibition of vending machines containing tobacco products; restrictions
on packaging of tobacco products
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Fine schedule for self-service displays,
sales personnel, free distribution/sampling, reduced pricing, vending
machines and packaging:
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$100 for each day the violation
continues
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Requirement for tobacco sales permits
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Fine schedule for permits:
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$100 for selling tobacco products
at retail without a valid tobacco sales permit. If violation is not
corrected within seven days of notification, the fine shall be $100
for each day the violation continues.
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Fine Schedule
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Articles IV and XII
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1st offense: $100
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2nd and subsequent offenses: $200
per violation
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Fine Schedule
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Article V
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1st offense: $100
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2nd and subsequent offenses: $200
per violation
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Fine Schedule
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Article VI
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1st offense: $30
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2nd offense: $50
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Fine Schedule
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Article VIII
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1st offense: $100
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2nd offense: $200
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Fine Schedule
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Article IX
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1st offense: $100
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2nd offense: $200
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Fine Schedule
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Article X
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1st offense: $100
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2nd offense: $200
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Fine Schedule
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Article XI
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1st offense: $100
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2nd offense: $200
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Fine Schedule
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1st offense: $30
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2nd offense: $75
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Fine Schedule
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Article XV
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1st offense: $100
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2nd offense: $200
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3rd and subsequent offense: $300
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Fine Schedule
[Added 4-8-2002 ATM by Art. 24] |
Article XVI
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1st offense: $100
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2nd and subsequent offenses for
each day the violation continues: $200
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Fine Schedule
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Salad tables
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Temporary food service establishments
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Permits and permit fees
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1st offense: $25 per violation
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2nd and subsequent offenses: $50
per violation
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Chapter 156, Historic Districts Commission.
[Added 4-8-2002 ATM by Art. 25] |
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Violations of Chapter 447 of the Acts of 1956,
as amended, and determinations, rulings and regulations issued thereunder
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Fine schedule:
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1st offense: warning
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2nd offense: $50
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3rd and subsequent offenses: $100
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Chapter 181, Department of Public Works.
[Added 3-27-2006 ATM by Art. 10] |
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§ 181-15, Excavation permit, fine schedule: $100 per violation.
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Chapter 187, Select Board.
[Amended 3-27-2019 ATM by Art. 34] |
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Park and Recreational Facilities Regulations
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Fine schedule: $50 per violation.
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Rules and Regulations for Hawkers and Peddlers
Fine schedule: $50 per violation.
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Rules and Regulations Governing Hackney Carriages,
Taxicabs and Other Public Vehicles for the Carrying of Passengers
for Hire
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Fine schedule: $20 per violation.
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Fine Schedule:
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1st offense: $50 per violation
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2nd offense: $100 per violation
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3rd and subsequent offenses: $200
per violation
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