Town of Hull, MA General Provisions

Whoever violates any provision of these bylaws may be penalized by indictment or criminal complaint brought in the District Court. The penalty shall be that fixed by bylaw; provided, however, that in no case shall the maximum penalty for each violation or offense, brought in such manner, be in excess of $300 unless otherwise allowed by law. Each day on which any violation or offense exists shall be deemed to be a separate violation or offense.

[Amended 4-12-1993 ATM by Art. 18; 4-11-1994 ATM by Art. 46; 4-8-1996 ATM by Art. 29; 5-3-1999 ATM by Art. 24; 5-3-1999 ATM by Art. 46; 5-13-2002 ATM by Art. 28; 5-5-2003 ATM by Art. 22; 5-5-2003 ATM by Art. 38; 5-5-2003 ATM by Art. 39; 5-3-2004 STM by Art. 5; 5-7-2007 ATM by Art. 22; 5-8-2007 ATM by Art. 23; 5-7-2007 ATM by Art. 31; 5-5-2008 ATM by Art. 21; 5-4-2009 ATM by Art. 11; 5-3-2010 ATM by Art. 19; 5-3-2010 ATM by Art. 20; 5-3-2010 ATM by Art. 26; 5-7-2013 ATM by Art. 20; 5-1-2017 ATM by Art. 27; 2-12-2018 STM by Art. 3; 2-12-2018 STM by Art. 5; 5-7-2018 ATM by Art. 14; 5-6-2019 ATM, Art. 11; 5-6-2019 ATM by Art. 30; 6-13-2020 ATM by Art. 22]

Whoever violates any provision of these by-laws listed below, the violation or offense of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided for in M.G.L. Chapter 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 bylaw for violations of any rule or regulation of any municipal officer, board or department listed below, 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 the following bylaws and rules and regulations are to be included within the scope of this bylaw, 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 purposes of this provision, the municipal positions, or person serving the functions of same, 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 appropriate enforcing person, criminal and/or civil action may also be utilized.

Provisions Subject to Noncriminal Disposition
Citation (if applicable)	Provision (Enforcing Person)	Penalty
Chapter 205, Article II	Fire alarm systems (Fire Chief and Fire Department personnel as designated by Fire Chief)	$50
Chapter 205, Article III	Maintenance of fire alarm systems (Fire Chief and Fire Department personnel as designated by Fire Chief)	$50
Chapter 213	Dogs (Animal Control Officer) (any police officer)	For the first offense: $50 For a second offense: $100 For a third offense: $300 And to the extent permitted by law and G.L. c. 140, sec. 173A, $500 for a fourth or subsequent offense, or if said amount is not permitted by law, $300
Chapter 220, Article II	Beaches/Dunes (Conservation Officer)	First offense: warning Second and subsequent offenses thereafter: $25
Chapter 224	Harbor (Harbormaster and Assistants)	$20 for § 224-2, § 224-3 and § 224-5; $50 for all others
Chapter 233	Conservation	$50
Chapter 240	Prohibited dumping (Conservation Administrator, Director of Public Works, or such other person as designated by the Town Manager)	To be determined in Town Meeting motion
Chapter 254	Fire Prevention (Fire Chief and Fire Department personnel as designated by Fire Chief)	$25 for § 254-5; $50 for all others
Chapter 262	Hackney carriages, livery vehicles, pedicabs and similar contrivances (police officer)	First offense: written warning Second offense: $50 Third and subsequent offenses: $100
Chapter 274	Housing standards (Director of Public Health and Health Department personnel and officials as designated by Board of Health)	$50
Chapter 280	Inspections and reinspections (any code enforcement agent)	First offense: written warning Second and subsequent offenses: $50
Chapter 284	Providing insurance information on property (Fire Chief or designee, any code enforcement agent)	First offense: written warning Second and subsequent offenses: $50
Chapter 309, Article I	Marijuana establishments (police officer)	First offense: $300 Each subsequent offense: $300
Chapter 322	Open-air parking (Fire Chief)	$100
Chapter 334, Article I	Prohibited material bylaw (Building Commissioner or Director of Public Health or Health Department personnel as designated by Director of Public Health	First five days: $25/day Thereafter: $50/day
Chapter 344	Sewers (Chief Facility Manager and Sewer Department personnel and officials as designated by Permanent Sewer Commission)	$20
Chapter 344, § 344-16	Discharge of prohibited substances (Chief Facility Manager or designee	$25
Chapter 347, Reduction of Single-Use Plastic Bags Bylaw	Director of Public Health or designee	1. First offense - written warning 2. Second offense - $50 3. Third offense - $100 4. Subsequent offense - $200
Chapter 349, Article VI	Dumpster Bylaw	$25/day; each day is a separate violation
Chapter 354	Stormwater Management (Police Officer; Member or Agent of the Stormwater Authority)	For first violation: $100 For second violation: $200 For third and subsequent violations: $300
Chapter 359, § 359-21	Designated parking spaces for disabled veterans and handicapped persons	$100/violation
Chapter 359, § 359-22	Flashing lights/traffic signals, etc.	Subsection A: $50 Subsection B: $20
Chapter 375	Placing of trailers (Building Commissioner or designee)	$25
Chapter 382, Article I	Abandoned or vacant properties bylaw (code enforcement agents)	First offense: warning Second and subsequent offenses: $50 each
Chapter 382, Article II	Vacant commercial property (Building Commissioner or designee)	First violation: $75 Second and each subsequent violation: $50
Chapter 386	Vehicles, unregistered	$25/day; each day is a separate violation
Chapter 397	Regulation of yard sales and the like (police officer)	Within same calendar year: First offense: warning Second offense: $100 Third offense: $200 Fourth and additional offenses: $300
Chapter 410	Zoning bylaws (Building Commissioner, his assistants, Building Inspector and his assistants)	$50
Chapter 500	Board of Health Regulations (Director of Public Health and Health Department personnel and officials as designated by Board of Health)	$50
Chapter 500, Part 2	Regulating sale of smoking material (Director of Public Health or designee)	$50
Chapter 500, Part 2	Board of Health regulation prohibiting smoking on school property (Director of Public Health and Health Department personnel as designated by the Board of Health, School Superintendent, School Principals and School Department personnel as designated by the School Superintendent	Students: Fourth offense: $25 Fifth offense: $50 Sixth offense: $75 Seventh offense: $100 Employees: Third offense: $25 Subsequent: $25 Visitors: Third offense: $25 Subsequent: $25
Chapter 520, Part 2	Shellfish regulations and shellfish management plan for moderately contaminated areas (Shellfish Warden and assistants)	First offense: $50 Each subsequent offense: $100

If any provision of this law is declared unconstitutional, invalid or illegal by a court, agency or body of competent jurisdiction, the offending provision shall be deemed stricken and shall not affect the validity of the remaining provisions.

These bylaws shall be interpreted and applied in a gender neutral manner. Except as expressly provided for in the Town Charter or other law, the Select Board or Select Board Member(s), as the context so admits, shall have all the powers and duties of a board of selectmen or selectman under the federal laws, General laws, Town Bylaws, rules and regulations and any special laws applicable to the Town of Hull.