[HISTORY: Adopted by the Town Meeting of the Town of Southampton
as Art. XXXIV and Art. XLII of the General Bylaws. Amendments noted
where applicable.]
Whoever violates any provision of these bylaws, the violation
of which is subject to a specific penalty, may be penalized by a noncriminal
disposition as provided in MGL c. 40, § 21D. The noncriminal
method of disposition may also be used for violation of any rule or
regulation of any municipal officer, board or department which is
subject to a specific penalty.
[Amended 5-9-2023 ATM
by Art. 31]
Without intending to limit the generality of the foregoing,
it is the intention of this bylaw that the following regulations are
to be included within the scope of this bylaw, that the specific penalties
as listed here shall apply in such cases, that in addition to police
officers, who shall in all cases be considered enforcing persons for
the purpose of this bylaw, the municipal personnel listed for each
regulation, if any, shall also be enforcing persons for such regulation,
and that each day on which any violation exists shall be deemed to
be a separate offense.
|
Regulations
|
Penalty
|
|---|---|
|
Board of Health Tobacco Control
|
As stated in the regulations
|
|
Board of Health Trash Hauler and Recycling Operational Regulations
|
As stated in the regulations
|
|
Board of Health Title V Septic System Inspection Regulations
|
As stated in the regulations
|
[Added 10-18-2016 STM;
amended 5-16-2017 ATM]
A.
There is hereby established in the Town of Southampton, pursuant
to the provisions of MGL c. 40, § 21D, a system of noncriminal
disposition of violations of the Town bylaws and/or the rules and
regulations of its departments, boards, commissions, committees, and
officials, the violation of which is subject to a specific penalty.
B.
Any person taking cognizance of a violation of any bylaw, rule, or
regulation which that person is empowered to enforce may give to the
offender written notice to appear before the Clerk of the District
Court having jurisdiction thereof at any time during office hours,
but not later than 21 days after the date of said notice. The form,
content, timing, manner of delivery, and processing of such notice
shall comply with the provisions of said MGL c. 40, § 21D.
C.
Any person notified to appear before the Clerk of the District Court as herein provided may, either personally or through a duly authorized agent, appear and make payment of the fine stipulated to the District Court Clerk or mail to the Southampton Town Clerk, together with the notice, such sum of money as the Town may fix for the penalty for violation of the bylaw, rule or regulation according to § 203-3F. While payment in person may be made in cash, any payment mailed to the Town Clerk must be in the form of postal note, money order, or check. Payment to the Town Clerk shall operate as a final disposition of the case and shall not be deemed to be a criminal proceeding.
[Amended 5-9-2023 ATM
by Art. 31]
D.
Any person so notified to appear who desires to contest the violation
alleged in the notice may, within 21 days of the date of said notice,
submit a request for hearing, in writing, to the Clerk of the District
Court. Any such hearing shall not be deemed to be a criminal proceeding.
E.
Any person so notified who fails to confess the offense charged by
paying the fine within the time specified, or who fails to pay the
sum fixed as a penalty after hearing and finding, shall be subject
to an application for and the issuance of a criminal complaint for
the violation of the said bylaw, rule, or regulation.
F.
Noncriminal disposition may be applied to the following bylaws, rules,
and regulations, enforced by the authorized personnel indicated (with
the Police Department to be considered an enforcement authority in
all cases, even if not specifically noted), and with penalties as
noted:
[Amended 5-9-2023 ATM
by Art. 31]
|
Violation
|
Enforcement
|
Fine
|
|---|---|---|
|
Alcohol on public grounds
(§ 106-2)
|
Police Department
|
$50 per offense
|
|
Dog kennels
(§ 112-3G)
|
Animal Control Officer(s)
Police Department
|
$500 – 1st offense
$750 – 2nd and subsequent offenses
|
|
Dogs
(§ 112-2I)
|
Police Department
|
$50 – 1st offense
$100 – 2nd offense
$300 – 3rd offense
$500 – 4th and subsequent offenses
|
|
Humane care/animals
(§ 112-9)
|
Animal Control Officer
Animal Inspector
|
$50 – 1st offense
$100 – 2nd offense
$300 – 3rd and subsequent offenses
|
|
Fire lanes (parking)
(§ 153-1C)
|
Police Department
Fire Chief or designee
|
$50 per offense plus towing charges
|
|
Fire hydrants (tampering and unauthorized taking of water)
(§ 153-2)
|
Fire Chief or designee
Water Superintendent
|
$200 per offense
|
|
Illicit connections/discharge
(§ 224-9D)
|
Highway Superintendent or authorized designee
|
$50 – 1st offense
$100 – 2nd offense
$300 – 3rd and subsequent offenses
|
|
Littering and dumping materials on public ways
(§ 230-12)
|
Police Department
|
$300 per offense plus costs incurred by Town to clean up the
violation
|
|
Marijuana
(§ 193-2B)
|
Police Department
|
$300 per offense
|
|
Numbering buildings
(§ 127-4C)
|
Building Commissioner/Inspector
|
$100 per offense
|
|
Overnight parking
(§ 230-3)
|
Police Department
|
$50 per violation plus towing charges
|
|
Preservation of historical buildings
(§ 165-6B)
|
Building Commissioner/Inspector
Historical Commission
|
$300 per day
|
|
Right to farm disclosure notification
(§ 144-4C)
|
Select Board or authorized designee
|
$300 per offense
|
|
Sidewalk clearing
(§ 230-4)
|
Police Department
Highway Department
|
$20 per day
|
|
Soliciting and canvassing
Failure to apply for permit
(§ 219-13A)
|
Police Department
|
$100 – 1st offense
$200 – 2nd offense
$300 – 3rd and subsequent offenses
|
|
Soliciting and Canvassing
Failure to display permit
(§ 219-13C)
|
Police Department
|
$100/person/day
$100/company/day
|
|
Stormwater management
(§ 227-6D)
|
Planning Board or designee
|
$100 – 1st offense
$200 – 2nd offense
$300 – 3rd and subsequent offenses
|
|
Swimming pools
(§ 234-4)
|
Building Commissioner/Inspector
|
$50 per day
|
|
Unregistered motor vehicle
(§ 248-5)
|
Building Commissioner/Inspector
|
$25 per day/vehicle
|
|
Water use
(§ 259-9)
|
Water Superintendent
|
$0 – 1st offense
$25 – 2nd offense
$50 – 3rd and subsequent offenses
|
|
Waste management/recycling
(§ 255-8A)
|
Highway Department
Health Department
|
$25 – 1st offense
$50 – 2nd offense
Permit suspension for remainder of fiscal year – 3rd offense
|
|
Wetlands
(§ 264-12C)
|
Conservation Commission
|
$300 per offense
|
