Article III: Enforcement and General Penalty

[Amended 3-21-1998; 9-11-2000; 9-8-2025 FTM by Art. G]

Unless otherwise provided by the Charter, by-law or general or special law, the provisions of the by-laws shall be enforced by the following Town officials:

Ch. 207	Harbormaster, with assistance from the Police Department as requested.
Ch. 163, Ch. 179, Ch. 196, Ch. 267, Ch. 284, Ch. 308	The Police Department
Ch. 284	Section 284-2 [1]: Principals of the High School, Middle School and Elementary School, with the assistance from the Police Department and Building Inspector as required; § 284-3 [2]: Building Inspector, with the assistance from the Police Department as necessary
Ch. 167	Animal Control Officer, with the assistance from the Police Department as requested
Ch. 332	Department of Public Works with assistance from Police Department as requested
Ch. 300	Police Department except § 300-5, which is enforced by the Building Inspector
Ch. 160, Ch. 297	Police Department
Ch. 279	Building Inspector, with the assistance from the Police Department as requested
Ch. 171, Ch. 232	Police Department
Ch. 336	Conservation Commission, with the assistance from the Police Department as requested
Ch. 238	Police Department
Ch. 250	Police Department
Ch. 324	Police Department and Harbormaster
Ch. 319	Police Department
Ch. 223	Building Inspector
Ch. 188	Select Board
Ch. 211	Historical Commission
Ch. 235, Art. I	Building Inspector

[1]

Note: Section 284-2 added 3-21-1998.

[2]

Note: Section 284-3 added 3-21-1998.

§ 1-7 Violations and penalties.

Criminal (misdemeanor). Unless a specific penalty is otherwise provided in the by-laws or by law, whoever violates any provision of the by-laws shall be punished by a fine not exceeding $300 for each violation.

Noncriminal disposition.

(1)

Any person taking cognizance of any violation of a specific by-law, rule or regulation which they are empowered to enforce, hereinafter referred to as the "enforcing person," as an alternative to initiating criminal proceedings may, pursuant to MGL c. 40, § 21D, give the offender written notice of the offense. Such notice shall be in triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for their required appearance. Such notice shall be signed by the enforcing person and shall be signed by the offender whenever practicable in acknowledgment that such notice has been received.

(a)

The enforcing officer shall, if possible, deliver to the offender a copy of said notice at the time and place of the violation. If it is not possible to deliver a copy of the notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the enforcing person, or by their commanding officer or the head of their department or by any person authorized by such commanding officer or department head to the offender's last known address within 15 days of said violation.

(b)

Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the person so mailing such notice that it has been mailed in accordance with this section shall be prima facie evidence thereof.

(2)

Where the by-laws specify a fine for a particular violation, that fine shall be assessed for each violation.

(a)

Where the by-law provides for a fine up to a maximum amount of $300, fines shall be assessed as follows:

[1]

First offense: $100.

[2]

Second offense: $200.

[3]

Third and subsequent offenses: $300.

(b)

Each act on anything relative thereto in violation of the by-laws shall constitute a separate offense.