[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No. 08-012 (former Ch. 1.08 of the Town Bylaws, adopted STM 10-7-1991 by Art.
15 as prior code § 1-6). Amendments noted where applicable.]
Whoever violates any provision of these ordinances may be penalized
by indictment or criminal complaint brought in the District Court.
The penalty shall be that fixed by ordinance; provided, however, that
in no case shall the maximum penalty for each violation or offense,
brought in this manner, be in excess of $300 unless otherwise allowed
by law. Each day on which any violation or offense exists shall be
deemed a separate violation or offense.
Whoever violates any provision of these ordinances, the violation
or offense of which is subject to a specific penalty, may be penalized
by a noncriminal disposition as provided for in MGL c. 40, § 21D,
as the same now is or may hereafter be amended or supplemented. The
noncriminal disposition method may also be used pursuant to this section
for violations of any rule or regulation of any municipal officer,
board or department, the violation or offense of which is subject
to a specific penalty. Without intending to limit the generality of
the foregoing, it is the intention of this provision that only the
ordinances and rules and regulations which specifically invoke the
use of a noncriminal disposition as provided in MGL c. 40, § 21D,
are to be included within the scope of this section. In addition to
police officers, who shall in all cases be considered enforcing persons
for the purposes of this provision, the municipal positions, or persons
serving the functions of same, listed in each ordinance, rule or regulation
shall also be enforcing persons for such violations or offenses. Each
day on which any violation or offense exists shall be deemed to be
a separate violation or offense. Nothing contained herein shall be
deemed to require the use of the noncriminal disposition method. At
the option of the enforcing person, criminal and/or civil action may
be utilized.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
All fines and penalties for violation of any ordinance, rule,
regulation, or order of the Town Council shall, when recovered, inure
to the use of the Town and be paid into the Town treasury, unless
it be otherwise directed by law or ordinance.
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Table 1.08
Provisions Subject to Noncriminal Disposition
[Amended ATM 5-9-2001 by Art. 28; ATM 5-15-2002 by Art.
47; ATM 5-7-2003 by Art. 34; STM 10-7-2003 by Art. 6; STM 5-3-2004
by Art. 7; ATM 5-2-2006 by Art. 32]
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|---|---|---|---|
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Cite
(if applicable)
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Provision
(enforcing person)
|
Penalty
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Chapter 5.400
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Amusement games (P)
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$50
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|
Chapter 5.560
|
Junk, secondhand and salvage dealers (H, B)
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$50
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Chapter 5.565
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Peddling and soliciting (P)
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$25
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Chapter 5.570
|
Precious metals (P)
|
1: $50
2: $100
3: $150
4: $200
Subsequent: $200
| |
|
Chapter 5.585
|
Sales, special (P)
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$25
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|
Chapter 6.100
|
Dogs and other animals (TC, ACO)
|
1: $5
2: $25
3: $25
4: $50
Subsequent: $50
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|
Chapter 8.100
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Burglar alarm control
|
3: $25
4: $35
5: $50
Subsequent: $50
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|
Sections 8.300.010 through 8.300.090
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Fire alarm and fire protection systems (F)
|
1: warning
2: $50
3: $100
4 and each subsequent: $200
| |
|
Section 8.300.100
|
Fire alarm systems (F)
|
$300
| |
|
Chapter 8.400
|
Dumpsters (H, B)
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$25
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|
Chapter 8.600
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Hazardous materials (F, H) (P: mv only)
|
$250
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|
Chapter 8.700
|
Fencing swimming pools (H, B)
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$25
| |
|
Sections 9.100.010, 9.100.020 and 9.400.040 through 9.400.070
|
Peace and good order (P)
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$25
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|
Chapter 9.200
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Alcohol: consumption in public (P)
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$50
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|
Section 9.400.020
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Littering (P)
|
1: $50
2: $100
3: $200
Subsequent: $200
| |
|
Chapter 9.500
|
Firearms (P)
|
$50
| |
|
Chapter 10.04
|
Handicapped parking (P, SP: mv parking) (B: marking and signs)
|
$100 per violation
| |
|
Section 12.04.030
|
Numbering of buildings (E, B)
|
$10
| |
|
Section 12.08.030
|
Obstruction of sidewalks (P, CE)
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$25
| |
|
Section 12.08.050A and B
|
Fire lanes (P, SP: mv parking) (F, B: marking and signs)
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$15
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Section 12.08.050C
|
Fire lanes: snow removal (F)
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$15
| |
|
Section 12.08.050D
|
Fire lanes: marking (F, B)
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$15
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|
Section 12.16.030
|
Waterways (HM, P)
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$50
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|
Chapter 12.20
|
Wetlands (CC)
|
1: $50
2: $100
Subsequent: $300
| |
|
Chapter 13.06
|
Cellar drains (P) (DPW)
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$100
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Chapter 13.07
|
Grease treatment (P, CE, DPW)
|
$100
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Zoning Ordinances
|
Zoning (B)
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$50
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|
MGL c. 148, § 27A
|
Cover fire hydrants with snow (F)
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$100
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|
Department of Public Works
|
Department regulations
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|
Trespass
|
$50
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Swimming
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$50
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Boating
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$50
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Littering
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$50
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Trapping
|
$50
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Discharge of firearms
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$100
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Open containers of alcohol
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$100
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Trans. garbage/rubbish
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$100
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Junked vehicles
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$100
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|
Recreational vehicles: motorized/nonmotorized (P)
|
$100
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|
Health Department
|
Department regulations (H)
|
$50
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|
Environmental tobacco smoke:
| |||
|
1st offense (H)(P)
|
Warning
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|
2nd offense
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$100
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3rd offense
|
$200
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4th offense
|
$300
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Feral cat feeding station:
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|
1st offense (H)
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$25
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2nd offense
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$35
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3rd offense
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$50
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Well (H)
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$300
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Massage bath (H)
|
$100
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Distribution of tobacco products:
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1st offense (H)
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$100
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2nd offense
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$200
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3rd offense
|
$300
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Park Department
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Department regulations (PK)
|
$50
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NOTES:
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Penalties: 1 = first offense, 2 = second offense, etc.
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Enforcing person: P = Police; F = Fire; H = Health; E = Engineering;
PK = Park; B = Building; CE = Code Enforcement; CC = Conservation
Commission; SP = Special Police; ACO = Animal Control Officer; TC
= Town Clerk; HM = Harbormaster; DPW = Department of Public Works.
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[1]
Editor's Note: Amended at time of adoption of Code (see Ch.
1.10, Adoption of Code).
