Town of Hadley, MA Article II Noncriminal Disposition

[Adopted 11-16-1989 STM by Art. 7]

§ 1-3 Applicability.

Whoever violates any provision of these bylaws, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty.

§ 1-4 Intent.

Without intending to limit the generality of the foregoing, it is the intention of this provision that the zoning and regular bylaws and sections of bylaws are to be included within the scope of this article, that the specific penalties as listed here shall apply in such cases and that in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections; each day on which any violation exists shall be deemed to be a separate offense.

§ 1-5 Violations and penalties.

[Amended 10-22-1992 STM by Art. 10; 11-9-1995 STM by Art. 8; 5-1-2003 ATM by Art. 10; 10-23-2003 STM by Art. 10; 10-23-2003 STM by Art. 20; 11-18-2010 STM by Art. 3]

A. Dumping refuse on private property without permission, Health Inspector: $50.

B. Snow and ice removal (after 24 hours' notice for removal), Fire Chief: $100.

C. Fireworks, Fire Chief: $25.

D. Nonconforming to the enhanced 911 service, Chapter 291, Acts of 1990, Police Chief or Building Inspector: first offense: warning; second offense: $50; third offense: $100; an offense shall be fixed within seven days of the written notice or another notice may be given.

E. Sewer Rules and Regulations, Sewer Superintendent: $50.

F. Violations of Water Rules and Regulations,[1] Water Superintendent: $50.

[1] Editor's Note: See Ch. 425, Water Division Regulations.

G. Violations of Zoning Bylaws, first offense: $100; second offense: $200; third and subsequent offenses: $300. Each day that said violation continues shall constitute a separate offense. These penalties shall be enforced by the Building Inspector.

H. Burning brush without a permit or without authorization by the Fire Department or burning material other than brush, first offense: $100; second offense: $200; third offense: $300. Each occurrence of said violation shall be considered a separate offense. Enforcement shall be through the Fire Chief or First Assistant Chief.

I. Violations of the Water Supply Emergency Bylaw,[2] first offense: $50; subsequent offenses: $100. Enforcement shall be by the Water Superintendent.

[2] Editor's Note: See Ch. 255, Water, Art. I, Water Use Restrictions.