[HISTORY: Adopted by the City Council of
the City of Northampton 8-17-1989 (Ch. 25 of the 1977 Code). Amendments noted where applicable.]
A violation of any ordinance of the City of Northampton, including zoning ordinances, may be enforced by a criminal complaint brought in the District Court. The penalty shall be that fixed by the specific ordinance violated, provided that, if no penalty is attached to a particular ordinance, the penalty shall be as set out in § 1-17 of the Code of Ordinances. Each day a violation continues shall be deemed a separate offense.
A violation of any ordinance of the City of
Northampton, including zoning ordinances, may be enforced by a civil
action filed in such court as is appropriate for the relief sought
or as designated by statute.
Anyone who violates any ordinance of the City of Northampton, including zoning ordinances, which is subject to a specific penalty, or violates any rule or regulation of any municipal officer, board, or department which is subject to a specific penalty, may be penalized through a noncriminal disposition as authorized by Chapter 40, § 21D, of the Massachusetts General Laws. Each day a violation continues shall be deemed a separate offense.
A.
The enforcing officer may give to a violator a written
notice to appear before the Clerk/Magistrate of the Northampton District
Court at any time during office hours, not later than 21 days after
the date of said notice. Any person so notified may confess the offense
charged by either: (1) appearing personally or through a duly authorized
agent before the City Clerk and paying the fine penalty specified
for the City ordinance violation, or (2) mailing to the City Clerk
the notice of violation together with payment of the fine. In either
case, the City Clerk must receive payment within 21 days of the date
of the notice. Such payment shall, if mailed, be made only by postal
note, money order or check. Upon payment of the fine penalty, the
City Clerk shall forthwith notify the District Court Clerk/Magistrate
of such payment, and the receipt by the District Court Clerk/Magistrate
of such notification shall operate as a final disposition of the case.
[Amended 6-7-2007]
B.
The notice of violation shall be in triplicate and
shall contain the name and address, if known, of the violator, the
specific offense charged, and the time and place for the required
appearance.
C.
The enforcing officer shall, if possible, deliver
a copy of the notice to the violator at the time and place of the
violation. If it is not possible to so deliver, said copy shall be
mailed or delivered by an authorized agent of the City to the violator's
last known address within 15 days after said violation.
D.
At or before the completion of each tour of duty or
at the beginning of the first subsequent tour of duty, the enforcing
officer shall give to his commanding officer or department head those
copies of each notice of violation issued which have not already been
delivered or mailed. Said commanding officer or department head shall
retain one copy and shall, at a time not later than the next court
day after such delivery or mailing, deliver the other copy to the
Clerk/Magistrate of the Northampton District Court.
[Last amended 12-4-2014]
A.
Every ordinance of the City of Northampton may be
enforced through the noncriminal disposition procedure set out in
this chapter. Any police officer of the City of Northampton shall
be considered the enforcing officer for any noncriminal disposition
of any ordinance violations, whether or not "police officer" is listed
below in this section as the enforcing officer for any particular
ordinance. The term "police officer" shall include all ranks of the
Northampton Police Department. In addition to any police officer,
the municipal personnel listed below shall be the enforcing officer
for the specific ordinances, rules or regulations as indicated.
B.
The penalty for violation of specific City ordinances,
rules or regulations shall be as listed below. The penalty for all
other ordinances not specifically mentioned in this section shall
be $20 for the first offense, $50 for the second and subsequent offenses.
[Amended 3-17-2022 by Ord. No. 21.355]
|
Chapter/Section
|
Enforcing Officer
|
Fine
| ||
|---|---|---|---|---|
|
Police
| ||||
|
First false alarm within a calendar year
|
No charge
| |||
|
Second false alarm within a calendar year
|
$25
| |||
|
Third false alarm within a calendar year
|
$50
| |||
|
Fourth and subsequent false alarms within a
calendar year
|
$100
| |||
|
Fire Chief or designee
|
$50
| |||
|
Health Agent
|
$50
| |||
|
§ 128-5
|
Animal Control Officer
|
$10
| ||
|
§ 128-6
|
Animal Control Officer
|
First offense: $100
Second offense: $200
Third or subsequent offense: $300
| ||
|
§ 128-7
|
Animal Control Officer
|
$25
| ||
|
Animal Control Officer
|
$50
| |||
|
§ 128-13
|
Animal Control Officer
|
$20
| ||
|
§ 128-14
|
Animal Control Officer, Agent of Board of Health
and Animal Inspector
|
$50
| ||
|
§ 128-18B
|
Animal Control Officer
|
$50
| ||
|
§ 128-20
|
Northampton police officers, agents of the Board of Health,
Environmental Police Officers and other enforcement officers of the
Office of Fisheries and Wildlife Law Enforcement, and Environmental
Police Officers
|
First offense: $100
Second offense: $200
Third or subsequent offense: $300
| ||
|
§§ 145-13, 145-14, 145-16, 145-17
|
Building Commissioner, Assistant Building Commissioner
|
$50
| ||
|
Building Commissioner, Assistant Building Commissioner,
Plumbing Inspector
|
$50
| |||
|
Director of Public Works or his/her designee
|
$20
| |||
|
§§ 149-5 through 149-7
|
Director of Public Works or his/her designee
|
$10
| ||
|
Ch. 156
|
Director of Planning and Sustainability or his/her
designee
|
First violation: $100
Second and subsequent violations: $200
| ||
|
Ch. 161
|
Director of Planning and Sustainability or his/her
designee
|
First offense: $100
Second offense: $200
Each additional offense: $300
| ||
|
Ch. 168
|
Building Commissioner
|
First offense: $100
Second offense: $200
Third and any subsequent offense: $300
| ||
|
Ch. 183
|
Fire Chief or designee
|
$50
| ||
|
§ 183-11
|
Fire Chief or designee
|
Emergency medical alarm: $50/alarm
Fire alarms:
4 to 6: $100/alarm
7 to 10: $200/alarm
11 or more: $300/alarm
| ||
|
Ch. 195
|
Building Inspector and/or Chair of the Historic
District Commission
|
$100 per day
| ||
|
Director of Public Works or his/her designee
|
$50
| |||
|
Ch. 264, Art. I
|
Building Commissioner, Assistant Building Commissioner
|
$50
| ||
|
§ 272-2
|
Director of Public Works or his/her designee
|
$50
| ||
|
§ 272-3
|
$100
| |||
|
Special Conservancy (SC) District
|
$250
| |||
|
§ 272-8
|
Residential:
First 5 loads, each: $10
For each subsequent offense: $25
Commercial:
First offense: $25
Second offense: $50
Third offense: $75
Fourth offense: See § 272-8.
| |||
|
§ 272-15
|
Health Agent; Solid Waste Coordinator
|
First offense: $10
Second offense: $25
| ||
|
§ 272-17
|
Board of Health Director, Public Works Director,
Northampton Police, and/or their designees
|
First offense: $25 (each occurrence)
Second offense: $50 (each occurrence)
Third and subsequent offenses: $100 (each occurrence)
| ||
|
§ 272-18
[Added 5-21-2015] |
Health Department or Mayor's designee
|
First offense: $50
Second and subsequent offenses: $100 (each occurrence)
| ||
|
Ch. 278
|
Director of Department of Public Works and his/her
designee
|
First violation: $100
Second violation: $200
Third and subsequent violations: $300
| ||
|
Ch. 281
|
Director of Department of Public Works and his/her
designee
|
First violation: $100
Second violation: $200
Third and subsequent violations: $300
| ||
|
Director of Public Works or his/her designee
|
$50
| |||
|
§ 285-4C
|
Police Department
|
First offense: $50
Second offense: $100
Third offense: $250
| ||
|
§ 285-12
[Added 11-3-2016 by Ord.
No. 16.172] |
Police
|
$20
| ||
|
§ 285-17
[Added 4-2-2015] |
Department of Public Works Director or his/her designee, Chief
of Police or his/her designee, or Parking Enforcement Officers
|
$50
| ||
|
§ 312-25
[Added 6-15-2023 by Ord. No. 23.332] |
Director of Department of Public Works and/or his/her designee
|
First violation: $50
Second and subsequent violations: $100
| ||
|
§ 312-26
|
Police Department
|
First offense: $50
Second offense within a twelve-month period:
$100
Further offense within a twelve-month period:
$200
| ||
|
§ 312-119
|
Police officer, parking enforcement officer
|
$50/violation
| ||
|
§ 316-17
|
Police officer
|
$300
| ||
|
Police officer
|
First offense: $100
Second and subsequent offenses: $200
| |||
|
Director of Public Works or his/her designee
|
$50
| |||
|
Director of Public Works or his/her designee
|
First offense: $100
Second and subsequent offenses: $200
| |||
|
Ch. 337
|
Director of Planning and Sustainability or his/her
designee
|
First offense: $100
Second offense: $200
Each additional offense: $300
| ||
|
Ch. 350
|
Building Commissioner, Assistant Building Commissioner
|
$100
| ||
|
Regulations of the Conservation Commission
|
Chair, Conservation Commission or his/her staff
agent or designee
|
$50
| ||
|
Regulations of the Board of Health: Regulations
Affecting Smoking in Certain Places and Youth Access to Tobacco
|
Health Agent, Tobacco Control Coordinator, Sanitary
Inspector
| |||
|
Each violation of smoking in public places (§ 8.A.1)
|
$200
| |||
|
Person who smokes in public area (§ 8.A.2)
|
$50
| |||
|
Interference with tobacco enforcement officer's
performance of duty (§ 8.A.3.f)
|
$200
| |||
|
Second violation of tobacco sale (§ 8.B.1)
|
$200
| |||
|
Failure to remove tobacco products on display
when license is suspended (§ 8.B.4)
|
$300
| |||
|
§ VIII-B, 1:
|
$200/violation
| |||
|
§ IX-E:
|
Second violation: $100
Third violation: $200
Fourth and subsequent violations: $300
| |||
|
Any other provision of Sections III, V, VI,
or IX
|
First violation: $20
Second violation: $50
| |||
