City of Pittsfield, MA
Berkshire County
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GENERAL REFERENCES
Personnel — See Ch. 16.
Police Department — See Ch. 18.
[Ord. No. 664, § 1(A), 9-28-1990[1]]
Whoever violates any provision of this Code may be penalized by indictment or on complaint brought in the Pittsfield District Court or Berkshire Superior Court. Except as may be otherwise provided by law and if the district or superior court may see fit to impose, the maximum penalty for each violation, or offense, brought in such manner, shall be $300.
[1]
Editor’s Note: Ordinance No. 664, § 1, enacted 9-28-1990, added provisions designated as Ch. 25. For purposes of classification, and in order to maintain the alphabetical sequence of the Code, the aforesaid provisions have been included herein as Ch. 4 1/2.
[Ord. No. 664, § 1(A), 9-28-1990; Ord. No. 691, § 1, 3-25-1992; Ord. No. 719, § 1, 9-9-1992; Ord. No. 745, § 1, 3-9-1994; Ord. No. 775, § 1, 11-10-1994; Ord. No. 778, § 3, 11-10-1994; Ord. No. 786, § 6, 6-13-1995; Ord. No. 778, § 1, 10-10-1995; Ord. No. 804, § I, 6-26-1996; Ord. No. 805, § I, 7-10-1996; Ord. No. 815, § I, 11-27-1996; Ord. No. 827, § II, 6-12-1997; Ord. No. 828, § II, 6-25-1997; Ord. No. 869; § II, 3-28-2000; Ord. No. 893, § II, 11-13-2001; Ord. No. 976, §§ I, II, 1-24-2006; Ord. 989, § 1, 2-27-2007; Ord. No. 991, § I, 3-27-2007; Ord. No. 1004, §§ I, II, 9-26-2007; Ord. No. 1031, § II, 4-28-2009; Ord. No. 1032, § II, 4-28-2009; Ord. No. 1036, § II, 10-27-2009; Ord. No. 1048, §§ I—III, V, 10-26-2010; Ord. No. 1102, §§ I—IV, 11-25-2014; Ord. No. 1145, §§ I—II, 9-29-2015; Ord. No. 1178, § I, 11-15-2016; Ord. No. 1225, § I, 2-25-2020]
In accordance with the provisions of MGL c. 40, § 21D, as amended, violations of any rule, regulation, or ordinance may be penalized by noncriminal disposition as set forth herein.
For purposes of this section, an “enforcement officer” is any person empowered to enforce a specific ordinance, rule, or regulation. Police officers shall in all cases be considered to be enforcement officers.
An enforcement officer who takes cognizance of a violation of a specific ordinance, rule, or regulation which he or she is empowered to enforce, may give to the offender a written notice in the form prescribed by § 4 1/2-3 to appear before the Clerk of the District Court in accordance with the noncriminal disposition procedures provided in MGL c. 40, § 21D, as amended. The following violations may be subject to noncriminal disposition:
(1) 
Any violation of an order of the Director of Public Health which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(2) 
Any violation of an order of a municipal building official which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(3) 
Any violation of an order of a municipal fire official which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(4) 
Any violation of any other municipal ordinance or any rule or regulation of any municipal officer, board, or department.
All fines, forfeitures, and penalties shall be paid into the City Treasury.
 
The noncriminal disposition procedures in this section shall not be used for the enforcement of a violation if criminal proceedings are initiated against the violator. If a violator fails to pay a fine as provided herein within the time specified or if a violator appears before the Clerk and fails to pay the sum of money fixed by the Clerk as a penalty, the enforcement officer may then apply for the issuance of a criminal complaint for said violation.
 
The following schedule of fines is provided for civil infractions pursuant to this section:
Animal and Fowl—Chapter 2 1/2
Animal and Fowl—§ 2 1/2-28(a)
Enforcement officers: Animal Control Officers; police officers; park security personnel also have the authority to enforce § 2 1/2-28(a).
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Animal and Fowl—§ 2 1/2-28.2
Enforcement officers: Animal Control Officers; police officers have the authority to enforce § 2 1/2-28.2.
Fine schedule: $300 for each offense.
Bicycle—Chapter 13, Article XI.
Enforcement officer: Police officers.
Fine schedule:
First offense: $25.
Second offense: $50.
Third and each subsequent offense: $300.
Exterior Property Areas, Chapter 3, § 3-4.9.
Enforcement officers:
Commissioner of Public Services or his/her designee;
Buildings Commissioner or his/her designee;
Director of the Board of Health or his/her designee;
Fire Chief or his/her designee;
Police Chief or his/her designee.
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Tall grass (over 10 inches) first offense: warning.
Tall grass (over 10 inches) second offense: $50.
Tall grass (over 10 inches) third offense: $100.
Tall grass (over 10 inches) fourth offense: $200.
Overgrowth of weeds/brush first offense: warning.
Overgrowth of weeds/brush second offense: $50.
Overgrowth of weeds/brush third offense: $100.
Overgrowth of weeds/brush fourth offense: $200.
Illegal shopping cart first offense: warning.
Illegal shopping cart second offense: $25.
Illegal shopping cart third offense: $50.
Illegal shopping cart fourth offense: $100.
Early placement of trash first offense: warning.
Early placement of trash second offense: $50.
Early placement of trash third offense: $50.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Regulation and Maintenance of Residential Properties—Chapter 3 1/2.
Enforcement officers:
The Commissioner of Building and/or his designated agent.
The Director of Public Health and/or his designated agent.
The Fire Chief and/or his designated agent.
Fine schedule:
Failure to register residential property: $100.
Failure to post owner/local rep.: $100.
Fire Department—Chapter 7.
Enforcement officer: Fire Chief or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Fire Department—Chapter 7, § 7-11.
Enforcement officer: Fire Chief or designee
Fine schedule:
First and each subsequent offense: $300.
Hawkers and Peddlers—Chapter 9.
Enforcement officer: Director of Public Health, or Inspector of Weights and Measures or police officers
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Junk Dealers and Waste Collectors—Chapter 10.
Enforcement officer: Fire Chief, Director of Public Health, Commissioner of Public Utilities, or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
License, Registrations and Permits—Chapter 11.
Enforcement officer: Inspector of Buildings, Fire Chief, Commissioner of Public Utilities, or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Lumber storage—Chapter 12.
Enforcement officer: Fire Chief or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Miscellaneous Offenses—Chapter 14.
Enforcement officer: Police officers, Commissioner of Public Utilities, Director of Public Health, or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Any violation of § 14-2 shall be a fine of $300 for the first offense and for each subsequent offense.
Any violation of § 14-7.3 shall be a fine of $300 for the first offense and for each subsequent offense.
Motor Vehicles and Traffic—Chapter 13, Articles I, V, VIII, X, XII
Enforcement officer: Police officers
Fine schedule:
In accordance with §§ 13-8.1 and 13-8.2 of the City Code.
All other fines are $25.
Noise Control—Chapter 13 1/2.
Enforcement officer: Police officers
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Each day in which any violation exists shall be deemed to constitute a separate offense.
Pawnbrokers and Secondhand Dealers—Chapter 15.
Enforcement officer: Police officers.
Fine schedule:
First and each subsequent offense: $300.
Sewers and Drains—Chapter 19, Article III, § 19-17.1.
Enforcement officer: Commissioner of Public Utilities or his/her designee
Fine schedule:
$100 per day that the problem is not cured.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Solid Waste Collection and Disposal—Chapter 8, through § 8-14.
Enforcement officer: Commissioner of Public Utilities or designee; Police Chief or designee
Fine schedule:
First and each subsequent offense: $300.
Each day in which any violation exists shall be deemed to constitute a separate offense.
Solid Waste Collection and Disposal—Chapter 8, through § 8-15.
Enforcement officer: Director of Public Health and Commissioner of Public Utilities
Fine schedule:
First offense: written warning.
Second offense and each subsequent offense: $50.
Each day in which any violation exists shall be deemed to constitute a separate offense.
Streets and Sidewalks—Chapter 20, § 20-17.
Enforcement officer:
Commissioner of Public Utilities or his/her designee;
Buildings Commissioner or his/her designee;
Director of the Board of Health or his/her designee.
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Streets and Sidewalks—Chapter 20, § 20-21.
Enforcement officer: Chief of Police, or his or her designee
Fine schedule:
First offense: Warning.
Second offense: $25.
Third offense: $50.
Fourth offense: $100.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Streets and Sidewalks—Chapter 20, § 20-21.1.
Enforcement officer: Chief of Police, or his or her designee, public health inspectors and parking control officers.
Fine schedule:
First offense: $25.
Second and each subsequent offense: $50.
Disposal of electronics first offense: warning.
Disposal of electronics second offense: $50.
Disposal of electronics third offense: $100.
Disposal of electronics fourth offense: $200.
Disposal of white goods first offense: warning.
Disposal of white goods second offense: $100.
Disposal of white goods third offense: $200.
Disposal of white goods fourth offense: $300.
Disposal of bulky items first offense: warning.
Disposal of bulky items second offense: $50.
Disposal of bulky items third offense: $100.
Disposal of bulky items fourth offense: $200.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Streets and Sidewalks—Chapter 20, § 20-25.
Enforcement officer:
Commissioner of Public Services or his/her designee;
Buildings Commissioner or his/her designee;
The Board of Health or his/her designee.
Fine schedule:
First offense: Warning.
Second and each subsequent offense: $50.
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Taxicabs and Other Vehicles for Hire—Chapter 21.
Enforcement officer: Inspector of Weights and Measures
Fine schedule:
First and each subsequent offense: $300.
Water—Chapter 22.
Enforcement officer: Commissioner of Public Utilities or designee
Fine schedule:
First and each subsequent offense: $300.
Zoning—Chapter 23.
Enforcement officer: Inspector of Buildings or designee
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Each day on which a violation exists shall be deemed a separate offense.
Other Infractions not specified above or elsewhere.
Fine schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
[Ord. No. 664, § 1(B), 9-28-1990; Ord. No. 673, § 8, 3-14-1991; Ord. No. 675, § 1, 6-5-1991; Ord. No. 798, § 2, 10-10-1995]
The following form shall be used as the notice of violation of the City Code, a specific ordinance, rule, regulation or order:
CITY OF PITTSFIELD
NOTICE OF VIOLATION
PURSUANT TO CHAPTER 4 1/2 OF THE
CITY OF PITTSFIELD
CODE OF LAWS
  Date of this notice
  Name of offender
  Address of offender
  City, State, Zip Code
  MV Operator License Number
MV/MB Registration Number
  OFFENSE:
DATE AND TIME OF OFFENSE
LOCATION OF OFFENSE
BY:
  (Signature of Enforcement Officer)
TITLE:
ENFORCING DEPT.
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
/s/
  (Signature of offender)
( ) Unable to obtain signature of offender. Mailed citation to offender at the above address via: (1) certified mail, return receipt requested no. _____ and (2) regular mail on _____ (date mailed).
THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ _____. YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER: Either option (1) or option (2) will operate as final disposition, with no resulting criminal record.
(1)
You may choose to pay the above fine, either by appearing in person or through a duly authorized agent, or by mailing a check, money order or postal note WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to:
City Clerk
City of Pittsfield
70 Allen Street—City Hall
Pittsfield, MA 01201
(2)
If you desire to contest this matter, you may do so by making a written request for a noncriminal hearing, and enclosing a copy of this citation, WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to:
Clerk-Magistrate
Central Berkshire District Court
24 Wendell Avenue
Pittsfield, MA 01201
Attn: 21D Noncriminal Hearings
(3)
If you fail to pay the above fine or to request a hearing within 21 days, or if you fail to appear for the hearing; or if you fail to pay any fine determined at the hearing within seven days, a criminal complaint may be issued against you.
( )
I HEREBY ELECT THE FIRST OPTION above, confess the offense charged, and enclose payment in the amount of $_____
( )
I HEREBY REQUEST A NONCRIMINAL HEARING on this matter.