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.
[HISTORY: Adopted by the Town Meeting of the Town of Hull as indicated in article histories. Amendments noted where applicable.]
[At the 6-13-2020 ATM, by Art. 17, the Town voted to amend the Town Bylaws and the Zoning Bylaws by: 1) applying a new numbering system across all Town laws; and 2) reordering existing laws into a more logical format to provide consistency and to make the laws more user-friendly and more easily searchable in an online database. The language of the laws was not modified except as it related to the new numbering system.]
[Adopted 11-27-1989 STM by Art. 30 (Ch. 1, § 1-4, of the 1989 Code)]
[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 |
Fire alarm systems (Fire Chief and Fire Department personnel as designated by Fire Chief) | $50 | |
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 |
Beaches/Dunes (Conservation Officer) | First offense: warning Second and subsequent offenses thereafter: $25 | |
Chapter 224 | Harbor (Harbormaster and Assistants) | |
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 |
Marijuana establishments (police officer) | First offense: $300 Each subsequent offense: $300 | |
Chapter 322 | Open-air parking (Fire Chief) | $100 |
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 |
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 |
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 |
Designated parking spaces for disabled veterans and handicapped persons | $100/violation | |
Flashing lights/traffic signals, etc. | Subsection A: $50 Subsection B: $20 | |
Chapter 375 | Placing of trailers (Building Commissioner or designee) | $25 |
Abandoned or vacant properties bylaw (code enforcement agents) | First offense: warning Second and subsequent offenses: $50 each | |
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 |
Regulating sale of smoking material (Director of Public Health or designee) | $50 | |
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 | |
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.
[Adopted 5-8-2021 ATM by Art. 6B]
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.