[Adopted 12-18-1952 as Art. 13 of the 1952 General Bylaws]
[Amended 1956; 6-22-2020 by Art. 11]
Whoever shall offend against or fail to comply with any of the provisions of these bylaws, except persons covered in Chapter 68, Officers and Employees, Article I, shall, for each and every offense, where no other penalty is prescribed, forfeit and pay a penalty of not more than $300 to the use of the Town.
Whoever shall offend against or fail to comply with any of the provisions of Chapter 68, Officers and Employees, Article I, of these bylaws shall be immediately relieved of his duties and replaced in the manner prescribed.
No person, except persons covered in Chapter 68, Officers and Employees, Article I, shall be prosecuted for any offense against any of the provisions of these bylaws unless complaint for same shall be instituted and commenced within 30 days from the time of committing such offense.
It shall be the duty of the Selectmen, police officers, and constables of Dudley to see that the provisions of these bylaws are enforced.
[Amended 1994; 1998; 5-23-2005 by Art. 9; 6-19-2006 by Art. 9; 5-19-2014 by Art. 18; 6-22-2020 by Art. 11]
The preceding sections notwithstanding, any person violating the provisions of any section of these bylaws which is subject to a specific penalty may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D, and MGL c. 90C. The noncriminal method of disposition may also be used for violations of any rules or regulations of any Town officer, board or department which are subject to a specific penalty. Without intending to limit the foregoing, the following bylaws, rules and regulations are to be included within the scope of this section; the specific penalties listed shall apply, and in addition to police officers, who in all cases shall be enforcing officers, the Town personnel listed shall also be enforcing officers:
A. 
Illegal dumping and/or disposal of trash, refuse and debris in violation of Chapter 250, Article I.
(1) 
Penalty: $300.
(2) 
Enforcing officer: Board of Health agent.
B. 
Violations of Board of Health Smoking Regulations. Penalty:
(1) 
Any person having control of a public place or workplace: $200.
(2) 
Any person who smokes in violation: $50.
C. 
Prohibition against illegal sewer hookup or of failure to report in violation of Chapter 287, § 287-3.
(1) 
Penalty: $300 per day.
(2) 
Enforcing officer: Water and Sewer Superintendent.
(3) 
Nothing herein shall limit or restrict any person's authority to seek criminal prosecution of any violation listed herein. Each day on which any violation exists shall be deemed to be a separate offense.
D. 
Violations of the State Building Code and any local or state rules or regulations, statutes or bylaws the purpose of which is to regulate the building of structures or development of land in the Town shall be enforced by the Building Inspector, and violations shall be enforceable by rescinding permits, issuing cease-and-desist orders and levying fines per day that such violation remains uncorrected. Such fines shall be enforced through noncriminal complaint procedures.