The provisions of Division 1 shall constitute the general bylaws of the Town of Great Barrington, Massachusetts, which shall be in lieu of all bylaws heretofore in force, excepting bylaws pertaining to zoning in the Town of Great Barrington.
[HISTORY: Adopted 8-26-1974 Special Town Meeting, Art. 15 (Ch. I, Secs. 1 through 5, and Ch. XI, Sec. 4, of the Revised Bylaws). Amendments noted where applicable.]
The repeal of a bylaw shall not thereby have the effect of reviving any bylaw heretofore repealed.
Words and phrases specifying or naming any officer, board or committee of the Town shall be construed as including the lawful successor of the person or persons having the powers and performing the duties of such officer, board or committee.
Any or all bylaws of this Code may be repealed or amended or other bylaws may be adopted at any Town Meeting, an article or articles for that purpose having been inserted in the warrant for such meeting by the Selectmen.
[Amended 5-4-1989 ATM, Art. 22]
Whoever violates any of the provisions of this Code shall be charged with a misdemeanor and, on conviction thereof, shall be punished by a fine not exceeding $300 for each offense, unless otherwise provided. Each day such violation continues shall be considered a separate offense.
[Added 5-4-1998 ATM, Art. 13]
A.
Whoever violates any provision of these bylaws, the violation of which is subject to 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.
B.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following bylaws and sections of bylaws are to be included within the scope of this subsection, 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.
[Amended 5-3-1999 ATM, Art. 20; 5-3-1999 ATM, Art. 26; 5-7-2001 ATM, Art. 13; 5-6-2002 ATM, Art. 9, 5-12-2003 ATM, Art. 12; 5-12-2003 ATM, Art. 14; 5-4-2009 ATM, Art. 14; 5-4-2015 ATM, Art. 17; 5-7-2018 ATM, Art. 22]
Code Provision | Subject | Fine Allowed | Enforcement Officer | ||||
|---|---|---|---|---|---|---|---|
Chapter 50 | Alcoholic Beverages | ||||||
Article I | Consumption and Possession | ||||||
§ 50-1 | Prohibited activity | $50 each offense | |||||
Chapter 55 | Automobiles, Junk | ||||||
§ 55-1 | Prohibited activity | $50 each offense | |||||
Chapter 81 | Dogs and Cats | Animal Control Officer | |||||
Unlicensed dog | $25 | ||||||
No rabies vaccination | $50 | ||||||
Unrestrained | First offense: $10 | ||||||
Second offense: $20 | |||||||
Third offense: $50 | |||||||
Curbing in a prohibited area | $25 | ||||||
Chapter 94 and MGL c. 148 | Fire Regulations | Fire Chief or Fire Inspector | |||||
Within a calendar year | $50 | ||||||
Chapter 102 | Garbage, Rubbish and Refuse | ||||||
§ 102-2 | Polystyrene containers | First offense: $25 | Board of Health and its agents | ||||
Second offense: $50 | |||||||
Third and subsequent offenses: $50 | |||||||
Chapter 129 | Peace and Good Order | ||||||
Article I | Loitering | ||||||
§ 129-1 | Prohibited activity | $50 each offense | |||||
Article III | Use of Scooters, Skateboards and Roller Skates | First offense: warning | |||||
Second offense: $10 | |||||||
Third offense: $50 | |||||||
Chapter 135 | Plastic Reduction | ||||||
Article II | Drinking water in single-use PET plastic bottles | First offense: $50 per day Second offense: $100 per day Third and each subsequent offense: $200 per day | Town Manager’s designee | ||||
Chapter 153 | Streets and Ways | ||||||
Article I | Miscellaneous Provisions | ||||||
§ 153-9 | Depositing leaves, snow or debris on Town streets | $50 each offense | |||||
Chapter 168 | Wetlands Protection | Up to $300 each offense | Conservation Commission and its agent | ||||
Chapter 171 | Zoning | Inspector of Buildings or designee | |||||
Board of Health rules and regulations for massage, food service, Title V, garbage haulers, septic installers, and swimming pools | Up to $200 per day per violation | Board of Health and its agents | |||||
First offense: $50 | |||||||
Second offense: $100 | |||||||
Third and subsequent offenses: $200 | |||||||
The Selectmen shall cause copies of this Code, printed in pamphlet or booklet form, to be kept in the Town Office, where copies may be had upon application, after such bylaws are duly approved by the Attorney General.