[Amended 9-9-2025 by Ord. No. 1327; Ord. No. 1332, 11-13-2025]
Anyone who violates this code may be penalized by a criminal complaint brought in the Pittsfield District Court. The maximum penalty for each violation shall be $300, subject to any other penalties that the Court sees fit to impose.
[Ord. No. 1286, § I, 11-12-2024; Ord. No. 1332, 11-13-2025]
In accordance with the provisions of MGL c. 40, § 21D, as amended, violations of any rule, regulation, or ordinance may be penalized by noncriminal disposition as set forth herein.
A. 
For purposes of this section, an "enforcement officer" is any person empowered to enforce a specific ordinance, rule, or regulation. Police officers shall in all cases be considered to be enforcement officers.
B. 
An enforcement officer who takes cognizance of a violation of a specific ordinance, rule, or regulation which they are empowered to enforce may give to the offender a written notice in the form prescribed by Section 4 1/2-3 to appear before the Clerk of the District Court in accordance with the noncriminal disposition procedures provided in MGL c. 40, § 21D, as amended.
(1) 
The following violations may be subject to noncriminal disposition:
(a) 
Any violation of an order of the Director of Public Health which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(b) 
Any violation of an order of a municipal building official which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(c) 
Any violation of an order of a municipal fire official which is authorized by the General Laws or by any special law applicable to the City of Pittsfield, or any violation of a municipal ordinance, rule, or regulation;
(d) 
Any violation of any other municipal ordinance or any rule or regulation of any municipal officer, board, or department.
(2) 
All fines, forfeitures, and penalties shall be paid into the City Treasury.
(3) 
The noncriminal disposition procedures in this section shall not be used for the enforcement of a violation if criminal proceedings are initiated against the violator. If a violator fails to pay a fine as provided herein within the time specified or if a violator appears before the Clerk and fails to pay the sum of money fixed by the Clerk as a penalty, the enforcement officer may then apply for the issuance of a criminal complaint for said violation.
C. 
The following schedule of fines is provided for civil infractions pursuant to this section:
Chapter 2 1/2, Animals and Fowl
Enforcement officers: Animal Control Officers; police officers, park security personnel also have the authority to enforce
(1)
Section 2 1/2-28A, Defecation; nuisances
Fine Schedule
First offense
$50
Second offense
$100
Third offense
$300
Fourth and subsequent offense
$500
(2)
Section 2 1/2-28.2, Sale of cats, dogs and rabbits
Fine Schedule
Each offense
$300
Each day in which a violation exists shall be deemed to constitute a separate offense.
Chapter 3, Building Code
Enforcement officers: Commissioner of Public Services, Buildings Commissioner, Director of the Board of Health, Fire Chief, Police Chief or their designee(s)
(1)
Section 3-3.1 Delay of demolition for preservation of historically significant structures
Noncompliance - demolition without a permit (fine per day)
$300
First offense
$50
Second offense
$100
Third offense
$300
(2)
Section 3-4.9, Exterior property areas
Fine Schedule
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Tall grass (over 10 inches) - first offense
Warning
Tall grass (over 10 inches) - second offense
$50
Tall grass (over 10 inches) - third offense
$100
Tall grass (over 10 inches) - fourth offense
$200
Overgrowth of weeds/brush - first offense
Warning
Overgrowth of weeds/brush - second offense
$50
Overgrowth of weeds/brush - third offense
$100
Overgrowth of weeds/brush - fourth offense
$200
Illegal shopping cart - first offense
Warning
Illegal shopping cart - second offense
$25
Illegal shopping cart - second offense
$50
Illegal shopping cart - third offense
$100
Early placement of trash - first offense
Warning
Early placement of trash - second offense
$25
Early placement of trash - second offense
$50
Early placement of trash - third offense
$100
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
Chapter 3 1/2, Regulation and Maintenance of Residential Properties
Enforcement officers: Commissioner of Public Services, Buildings Commissioner, Director of the Public Health, the Fire Chief or their designee(s)
Fine Schedule
Failure to register residential property
$100
Failure to post owner/local representative
$100
Chapter 5, Electricity, Article II, Electrical Wiring and Equipment Generally
Enforcement officers: Fire Chief, Police Chief or their designee(s)
Fine Schedule
Per day violations for Chapter 5, Article II, violations
$15
Chapter 7, Fire Department
Enforcement officers: Commissioner of Public Services, Buildings Commissioner, Director of the Public Health, the Fire Chief or their designee(s)
Each day in which any violation exists shall be deemed to constitute a separate offense.
(1)
Section 7-11, Opening signal boxes; interference with fire alarm system; driving over fire hose, etc.; false fire alarms
Fine Schedule
First and each subsequent offense
$300
(2)
Section 7-12, Sale and use of fireworks
Sale of fireworks
First offense
$50
Second offense
$100
Third offense
$300
Use and/or possession of fireworks
First offense
$25
Second offense
$50
Third offense
$100
Chapter 8, Solid Waste Collection and Disposal
Enforcement officers: Director of Public Health and Commissioner of Public Utilities or a designee; Police Chief or a designee
Each day in which any violation exists shall be deemed to constitute a separate offense.
(1)
Section 8-11, Ban on use of styrofoam
First offense
Written warning to the food establishment, specifying the violation
Second offense
$25
Third offense
$50
Fines are cumulative, and each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
Whoever violates any provision of this section may be penalized by virtue of a civil complaint brought in the District Court.
(2)
Section 8-12, Ban on use of single-use plastic bags
First offense
$50
Second and all subsequent offenses
$100
Payment of such fines may be enforced through civil action in the District Court
Fines shall be cumulative, and each day on which a violation occurs shall constitute a separate offense.
(3)
Sections 8-3 through 8-10
First offense
Warning
Second and each subsequent offense
$50
Third and each subsequent offense
$100
Chapter 9, Hawker, Peddlers and Transient Vendors
Enforcement officers: Fire Chief, Police Chief, Director of Public Health, Commissioner of Public Utilities, or their designee(s)
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Chapter 10, Junk Dealers and Waste Collectors
Enforcement officers: Director of Public Health or their designee, Sealer of Weights and Measures or police officers
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Operating without a license, per violation
$20
Each day in which any violation exists shall be deemed to constitute a separate offense.
Chapter 11, License, Registrations and Permits
Enforcement officers: Inspector of Buildings, Fire Chief, Police Chief Commissioner of Public Services/Utilities, Board of Health or their designee(s)
(1)
Section 11-9.1: telling fortunes without a license, per offense
$100
(2)
Sections 11-16 through 11-23: solicitors' permits, per offense
$500
Violations of all other sections
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Chapter 12, Lumber Storage
Enforcement officers: Fire Chief, Police Chief or their designee(s)
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Each day in which any violation exists shall be deemed to constitute a separate offense.
Chapter 13, Motor Vehicles and Traffic
Enforcement officers: Police Chief or their designee(s), police officers
(1)
Articles I, V, VIII, X, XII
Parking within an intersection
$30
Parking within five feet of fire hydrant
$50
Parking so as to obstruct traffic
$30
Parking so as to obstruct a driveway or private way
$30
Parking on a crosswalk
$30
Parking on a sidewalk
$30
Parking within a tow-away area. The following fines are based upon one-year time periods:
a.
First offense
$30
b.
Second offense
$40
c.
Third and subsequent offenses
$50
Parking along or opposite street excavation or obstruction
$30
Double parking
$50
Parking within 15 feet of an intersection
$30
Parking within a prohibited area
$30
Parking in a bus stop
$100
Parking in a wrong direction
$30
Parking in a taxi stand
$30
Parking within a loading zone
$30
Parking on a tree line
$30
Parking so as not to leave 10 feet of unobstructed lane
$30
Parking on improved or paved surface of any street between 11:00 p.m. and 7:00 a.m.
$50
Parking over 12 inches from curb
$30
Parking outside a designated space
$15
Parking meter violation. The following fines are based upon one-year time periods:
a.
First offense
$15
b.
Second offense
$30
Parking meter overtime (feeding). The following fines are based upon one-year time periods:
a.
First offense
$15
b.
Second offense
$30
Parking improperly in municipal parking areas
$15
Any other violation of City ordinance pertaining to parking
$20
Parking in designated handicapped areas:
a.
First offense
$200
b.
Second offense
$300
Parking in a fire lane
$50
Snow emergency only
$50
Overtime parking:
a.
First offense
No charge
b.
Second offense
$15
Blocking wheelchair ramp
$15
City fine
$10
RMV (renewal fine)
$20
Boot fine
$50
(2)
Article III, Traffic Control Devices
First offense
$100
Second offense
$250
Third offense
$1,000
(3)
Article IV, Operation of Vehicles
Section 13-43: streets closed to heavy commercial vehicles
First and each subsequent offense
$100
(4)
Article XI, Bicycles, Skateboards, Rollerblades and Scooters
First offense
$25
Second offense
$50
Third offense
$100
Each day in which a violation exists shall be deemed to constitute a separate offense
(5)
All other Chapter 13 fines
$25
Chapter 13 1/2, Noise Control
Enforcement officers: Police Chief or their designee(s), police officers
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Each day in which any violation exists shall be deemed to constitute a separate offense.
Chapter 14, Miscellaneous Offenses
Enforcement officers: police officers, Commissioner of Public Services and Utilities, Director of Public Health/Director of Municipal Inspections or their designee(s)
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
(1)
Section 14-2, Rivers, brooks, watercourses, parks and other public land: depositing refuse, ashes, junk, etc. in rivers, etc., or on banks thereof or on any public land
First and each subsequent offense
$300
(2)
Section 14-7.3 Public consumption of marihuana or tetrahydrocannabinol
First and each subsequent offense
$300
Chapter 15, Pawnbrokers and Secondhand Dealers
Enforcement officers: Police Chief or their designee(s), Police Officers
First and each subsequent offense
$300
In addition to the penalty imposed above, the license of the person violating the same shall be cancelled or revoked and the bond upon such license shall thereupon become due and payable to the City of Pittsfield, and the amount thereof may be received in a civil action based upon such forfeiture.
Chapter 19, Sewers and Drains
Enforcement officers: Commissioner of Public Services/Utilities or their designee
(1)
Section 19-17, Connection of building sewer into public sewer
a.
Per each day that the problem is not cured
$100
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
b.
Violations of Chapter 19 not specifically listed below
$300
c.
Late or incomplete industrial discharge reporting, first offense
$100
d.
Late or incomplete industrial discharge reporting, second and subsequent offense
$100 x number of offenses
e.
Making connection or discharging to sewer without permit
$300
f.
Failure to report changes in industrial discharge, slugs, etc.
$500
g.
Exceeding permit limits for regulated pollutants, each
$500
h.
Discharge pH less than 5.5 or greater than 9.5, first offense
$500
i.
Discharge pH less than 5.5 or greater than 9.5, second and subsequent offense
$500 x number of offenses
j.
Improper sampling or nonrepresentative monitoring of industrial wastewater
$1,000
k.
Dilution of discharge to avoid pretreatment after warning
$1,000
l.
Discharge to sewer of prohibited substance, pollutant or waste
$1,000
m.
Discharge causing interference in operation of WWTP or pass through not resulting in violation of City NPDES permit
$1,000
n.
Significant noncompliance with pretreatment standards
$2,500
o.
Discharge causing interference in operation of WWTP or pass through resulting in violation of City NPDES permit
$5,000
p.
Discharge to sewer or explosive substances, gasoline, fuels, or volatile
$5,000
NOTE: Violation of pollutant concentration limits shall be determined by daily average measurements and analyses. Fines shall be assessed per violation per day, each such day constituting a separate violation.
Chapter 20, Streets and Sidewalks
(1)
Section 20-16, Sidewalk cafes; Section 20-16.1, Keeping of tables, vending machines or vending stands on public ways; and Section 20-16.2 Violations and penalties; enforcement
Enforcement officers: Chief of Police or their designee
Failure to cure a violation after a written request to take corrective action
$50 per day for each infraction
(2)
Section 20-17, Allowing impure water to run from house, etc., into street
Enforcement officers: Commissioner of Public Services/Utilities or their designee; Building Commissioner or their designee; Board of Health Director or their designee
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
(3)
Section 20-21, Removal, etc., of snow and ice from sidewalks; duty of occupant, etc., of abutting property to remove, etc.; Director of Public Health or designee to prosecute violators
Enforcement officers: Director of Public Health or their designee
For the purposes of fines under Chapter 20, Section 20-21, the terms "first offense" through "fourth offense" shall mean offenses during a single "calendar year," defined as September 1 through August 31.
First offense
Warning
Second offense
$25
Third offense
$50
Fourth offense
$100
Each twenty-four-hour period during which a violation exists shall constitute a separate offense.
(4)
Section 20-21.1
Enforcement officers: Chief of Police or their designee, public health inspectors and parking control officers
First offense
$25
Second and each subsequent offense
$50
(5)
Disposal of electronics
First offense
Warning
Second offense
$50
Third offense
$100
Fourth offense
$200
(6)
Disposal of white goods
First offense
Warning
Second offense
$50
Third offense
$100
Fourth offense
$200
(7)
Disposal of bulky items
First offense
Warning
Second offense
$50
Third offense
$100
Fourth offense
$200
(8)
Section 20-25
Enforcement officers: Commissioner of Public Services/Utilities or their designee; Building Commissioner or their designee; Board of Health or their designee
First offense
Warning
Second and each subsequent offense
$50
Chapter 21, Taxicabs and Other Vehicles for Hire
Enforcement officers: Inspector of Weights and Measures
First and each subsequent offense
$300
Chapter 22, Water
Enforcement officers: Commissioner of Public Services/Utilities or their designee
(1)
Section 22-17
Tampering with water meter or connection
Not less than
$10
Not more than
$25
(2)
All other Chapter 22 violations
First and each subsequent offense
$300
Chapter 23, Zoning
Enforcement officers: Building Commissioner or their designee
First offense
$50
Second offense
$100
Third and each subsequent offense
$300
Each day in which any violation exists shall be deemed to constitute a separate offense.
Other infractions not specified above or elsewhere shall be:
First offense: $50
Second offense: $100
Third and each subsequent offense: $300
[Ord. No. 664, § 1(B), 9-28-1990; Ord. No. 673, § 8, 3-14-1991; Ord. No. 675, § 1, 6-5-1991; Ord. No. 798, § 2, 10-10-1995; Ord. No. 1332, 11-13-2025]
The following form shall be used as the notice of violation of the City Code, a specific ordinance, rule, regulation or order:
CITY OF PITTSFIELD
NOTICE OF VIOLATION
PURSUANT TO CHAPTER 4 1/2 OF THE
CITY OF PITTSFIELD
CODE OF LAWS
Date of this notice
Name of offender
Address of offender
City, State, Zip Code
MV Operator License Number
MV/MB Registration Number
OFFENSE:
DATE AND TIME OF OFFENSE
LOCATION OF OFFENSE
BY:
(Signature of Enforcement Officer)
TITLE:
ENFORCING DEPT.
I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOING CITATION
/s/
(Signature of offender)
(   )
Unable to obtain signature of offender. Mailed citation to offender at the above address via: (1) certified mail, return receipt requested no. ________ and (2) regular mail on _________ (date mailed).
THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ ________. YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER: Either option (1) or option (2) will operate as final disposition, with no resulting criminal record.
(1)
You may choose to pay the above fine, either by appearing in person or through a duly authorized agent, or by mailing a check, money order or postal note WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to:
City Clerk
City of Pittsfield
70 Allen Street — City Hall
Pittsfield, MA 01201
(2)
If you desire to contest this matter, you may do so by making a written request for a noncriminal hearing, and enclosing a copy of this citation, WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to:
Clerk-Magistrate
Central Berkshire District Court
24 Wendell Avenue
Pittsfield, MA 01201
Attn: 21D Noncriminal Hearings
(3)
If you fail to pay the above fine or to request a hearing within 21 days, or if you fail to appear for the hearing, or if you fail to pay any fine determined at the hearing within seven days, a criminal complaint may be issued against you.
(   )
I HEREBY ELECT THE FIRST OPTION above, confess the offense charged, and enclose payment in the amount of $ ________
(   )
I HEREBY REQUEST A NONCRIMINAL HEARING on this matter.