[HISTORY: Adopted by the Town Meeting of the Town of Ipswich
as Ch. XVII of the 1973 Bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 300.
In accordance with the provisions of MGL c. 40, § 21D,
as amended, certain violations of the following listed bylaws, rules,
and/or regulations of Town officials, boards and/or departments may
be enforced pursuant to said Section 21D, as an alternative to initiating
criminal proceedings.
Noncriminal Disposition, when implemented, shall be enforced by the person(s) so designated in § 325-4 below. The procedures for enforcement shall be in accordance with the provisions of MGL c. 40, § 21D.
The specific penalties for violation(s) of the applicable bylaws, rules or regulations shall be as listed in § 325-4 below.
A.
Zoning Bylaw. Notwithstanding the enforcement and penalties prescribed
in the Protective Zoning Bylaw and the provisions of Massachusetts
General Law Chapter 40A, the provisions of said bylaw may be enforced
by the Inspector of Buildings or Local Inspector by noncriminal complaint.
Each day of violation shall constitute a separate offense. No enforcement
under this section shall be authorized until the enforcing officer
has mailed by certified mail or delivered in hand to the offender
a written notice of violation and 21 days have expired from the date
of mailing or delivery and no appeal pursuant to Chapter 40A has been
timely filed, or, if an appeal has been filed, final determination
has been made favorable to the Town. The penalty for violation(s)
shall be as follows:
[Adopted 4-3-1989 TM,
approved by Attorney General 6-13-1989]
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1st offense
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Warning
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2nd offense
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$25
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3rd offense
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$50
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4th and
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$100
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Each subsequent offense
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$300
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B.
General Bylaws. Notwithstanding the enforcement and penalties prescribed elsewhere in the General Bylaws of the Town of Ipswich and the provisions of MGL c. 40, § 21, the provisions of the following General Bylaws may be enforced by the designated official(s) and/or Board(s)/Commission(s) by noncriminal complaint. Except as specified hereinbelow, each day of violation shall constitute a separate offense. No enforcement under this subsection shall be authorized until the enforcing official and/or Board/Commission has mailed by certified mail or delivered in hand to the offender a written notice of violation and 21 days have expired from the date of mailing or delivery and no appeal to a court of competent jurisdiction has been timely filed, and/or final determination has been made favorable to the Town. The penalty for violations shall be as follows:
[Added 10-17-1992 STM,
approved by Attorney General 1-11-1993; amended 10-21-1996 TM, approved
by Attorney General 12-9-1996]
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Chapter 105
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Advertising on Property of Others (Building Inspector)
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$50
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Chapter 118
[Amended 5-15-2021 ATM by Art. 24, approved by Attorney General
8-22-2021] |
Boats and Waterways (Harbormaster, Police)
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a.
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First offense
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$50
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b.
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Second offense
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$100
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c.
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Third offense
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$300
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Chapter 122
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Street Numbering (Fire Chief)
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a.
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First offense
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Warning
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b.
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Second and subsequent offense
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$50
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(Each thirty-day period shall constitute a separate offense)
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Chapter 134
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Dealers in Secondhand Articles (Police)
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$50
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Chapter 138
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Demolition Delay (Historical Commission)
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$50
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Chapter 142
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Disorderly Behavior (Police)
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$50
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Chapter 149
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Discharge of Firearms (Police)
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$50
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Chapter 153
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Fortunetelling (Police)
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$50
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Chapter 170
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Peeping Tom (Police)
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$50
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Disposal of Rubbish (Health Agent)
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a.
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First offense
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$50
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b.
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Second and subsequent offense
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$200
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Chapter 185
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Scenic Roads (Police)
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$50
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Chapter 189
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Solicitors and Canvassers (Police)
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$50
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Chapter 197
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Streets and Sidewalks (Police)
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$50
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Chapter 201
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Use of Town Property (Police)
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$50
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Chapter 212
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Vehicles for Hire (Police)
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$50
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Sewer Tie-ins (Health Agent)
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$50
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Public Water Use Restrictions and Restraint (Director of Utilities)
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$50
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Mandatory Metering of Non-Seasonal Water Services (Director
of Utilities)
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$50
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Subsurface Storage of Materials (Fire Chief, Director of Utilities)
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a.
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First offense
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$50
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b.
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Second and subsequent offense
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$200
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C.
Rules and regulations. Notwithstanding the enforcement and penalties prescribed elsewhere in the General Bylaws of the Town of Ipswich and the provisions of MGL c. 40, § 21, the provisions of the following Rules and Regulations of the Town of Ipswich may be enforced by the designated official(s) and/or Board(s)/Commission(s) by noncriminal complaint. Except as specified hereinbelow, each day of violation shall constitute a separate offense. No enforcement under this subsection shall be authorized until the enforcing official and/or Board/Commission has mailed by certified mail or delivered in hand to the offender a written notice of violation and 30 days have expired from the date of mailing or delivery and no appeal to a court of competent jurisdiction has been timely filed, and/or final determination has been made favorable to the Town. The penalty for violations shall be as follows:
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Shellfish Rules and Regulations (Shellfish Constable, Police)
[Added 10-17-1992 STM,
approved by Attorney General 1-11-1993] |
$50
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State Sanitary Code (Board of Health Agent)
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$50
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Rules and Regulations and/or Enforcement Order of the Board
of Health (Board of Health Agent)
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$50
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State Building Code (Building Inspector)
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$50
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Enforcement Order (Building Inspector)
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$50
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State Fire Prevention Code (Fire Division)
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$50
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Automatic Amusement Devices Licensing Regulations (Police Division)
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$50
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Carnival License Regulations (Fire Division)
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$50
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Parklands Regulations (Police Division)
|
$50
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Sewer Regulations (Utilities Department)
|
$100
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Street Openings (Public Works Department)
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$100
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Regulations on Use of Town Land (Police Department)
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$50
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Trash Collection Regulations (Public Works Department)
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$50
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Water Rules and Regulations (Utilities Department)
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Blocking of Streets and Sidewalks with Snow and Ice Prohibited
(Police Division)
[Added 10-18-1993 STM,
approved by Attorney General 2-3-1994] |
$50
| |
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Regulations on Parking of Vehicles on Town Property (Town Manager)
[Added 10-16-2000 STM,
approved by Attorney General 10-20-2000] |
$50
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