The violation of any provision of these Bylaws may be addressed by institution of indictment or criminal complaint brought in the District Court. The penalty shall be that fixed by the 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 permitted by law. Each day during which any such violation or offense exists or continues shall be deemed to be a separate violation or offense and be subject to the penalty referred to above.
[Adopted 5-6-1997 ATM by Art. 47]
A.
The violation of any provision of the bylaws set forth below, for which a specific penalty is enumerated, may be addressed by the procedure for noncriminal disposition as provided in MGL c. 40, § 21D, as the same is now in force and effect or may hereafter be amended or supplemented.
B.
Without intending to limit the generality of the foregoing, it is the intention of this article that the following ordinances and bylaws and rules and regulations are to be included within the scope of this article, that the specific penalties, as hereinafter set forth, shall apply in such cases, and that, in addition to any of the police officers of the Town of Hopkinton, who shall in all cases be considered to be enforcing persons for the purposes of this article, a municipal official or position, or the person serving the functions of same, shall also be enforcing persons with regard to violations or offenses of such ordinances, bylaws, rules and regulations.
C.
It is hereby specifically provided that each day during which any such violation or offense exists or continues shall be deemed to be a separate violation or offense.
D.
Nothing contained herein shall be deemed to require the use of this noncriminal disposition procedure, and, at the option of the appropriate enforcing person, criminal and/or civil proceedings may also be utilized.
It is hereby established that the following provisions shall be subject to the noncriminal disposition procedure:
Citation to Bylaw, Rule or Regulation, if Applicable | Subject of Bylaw and Enforcing Person | Penalty |
|---|---|---|
Hopkinton Board of Health Code of Regulations | Sales of tobacco to minors and tobacco smoke in public places Public Health Administrator or agent as designated by the Board of Health | First violation: $100 Second violation: $200 Third and subsequent Violations: $300 |
Hopkinton Board of Health Code of Regulations, remaining Sections which include but are not limited to: 105 CMR 590.00 105 CMR 410.00 310 CMR 15.00 105 CMR 435.00 105 CMR 123.00 | General public health matters Public Health Administrator or agent as designated by the Board of Health | $50 |
MGL c. 111, all applicable sections | Public Health Statute Public Health Administrator or agent as designated by the Board of Health | $50 |
MGL c. 114, § 49 | Funeral directors Public Health Administrator or agent as designated by the Board of Health | $50 |
MGL c. 140, § 51 | Massage licensing Public Health Administrator or agent as designated by the Board of Health | $50 |
Scenic Roads Regulations (Ch. 160) | Scenic Roads Planning Board members, Town Planner or agent as Designated by the Planning Board | $50 |
Earth Removal Bylaw (Ch. 96) [Amended 9-28-1998 STM by Art. 10] | Earth Removal Planning Board members, Town Planner or agent as Designated by the Planning Board | $50 |
Hopkinton Animal Control Bylaws (Ch. 62) | Animal Control Animal Control Officer or Agent as designated by the Animal Control Officer | First violation: $25 Second violation: $50 Third and subsequent of Violations: $75 |
Dog Licensing Animal Control Officer, Select Board, and Police Department | $50 | |
Kennel license (Ch. 62, Art V) [Added 5-3-1999 ATM by Art. 47; amended 5-1-2017 ATM by Art. 46; 5-6-2019 ATM by Art. 45] | Regulations relating to kennels for dogs Animal Control Officer and Police Department | First violation: $50 for each offense, each day being a separate offense Second violation: $200 for each offense, each day being a separate offense Third and subsequent Violations: $300 for each offense, each day being a separate offense |
Nuisance and Dangerous Dogs Animal Control Officer, Select Board, and Police Department | First violation: $25 for each offense, each day being a separate offense Second violation: $50 for each offense, each day being a separate offense Third and subsequent Violations: $75 for each offense, each day being a separate offense | |
Noise Bylaw (Ch. 141) [Amended 5-5-2008 ATM by Art. 61] | Noise Violation Director of Municipal Inspections, Select Board or agent as designated by Select Board | First violation: $50 Subsequent violations: $100 |
Rules and regulations affecting the use or possession of tobacco products on school property [Added 5-4-1999 STM by Art. 3] | Use or possession of tobacco products on school property Board of Health or agent designated by Board of Health | First violation: $100 Second violation: $200 Third violation or sub-sequent violation: $300 |
Alcoholic Beverages, Marijuana or Tetrahydrocannabinol Bylaw (Ch. 58) [Added 5-3-2000 ATM by Art. 60; amended 5-4-2009 ATM by Art. 20; 5-2-2011 ATM by Art. 41; 5-7-2012 ATM by Art. 41; 5-7-2012; 5-1-2017 ATM by Art. 40; 5-7-2018 ATM by Art. 41] | Alcoholic Beverages, Marijuana or Tetrahydrocannabinol and Tobacco Police Department | For individuals 18 years of age or older, the penalty shall be as follows: First violation: $100 Second violation: $200 Third and subsequent Violations: $300 Tobacco/Nicotine Containing Products: For individuals under the age of 18 years, confiscation of prohibited products, notification to parent(s) or legal guardian(s) of violation, distribution of educational and cessation program materials; no monetary penalty. |
Numbering of Buildings Bylaw (Ch. 78) [Added 5-3-2000 ATM by Art. 60] | Building identification Director of Municipal Inspections, Select Board or agent as designated by Select Board or Director of Municipal Inspections | $25 |
Cemetery Regulations Bylaw (Ch. 83) [Added 5-3-2000 ATM by Art. 60] | Operation of snowmobiles in cemeteries Board of Cemetery Commissioners or agent designated by Board of Cemetery Commissioners | $100 |
Historic Preservation (Ch. 125) [Added 5-5-2018 ATM by Art. 43] | Demolition Delay The Director of Municipal Inspections and the Hopkinton Historical Commission | First violation and subsequent violation: $300, each day or portion thereof during which a violation continues, or unauthorized demolition occurs, shall be considered a separate offense; provided, however, that at no point shall the fines imposed, which are attributable to the same demolition permit, be greater than the assessed value of the property. |
Disorderly Conduct Bylaw (Ch. 91) [Added 5-3-2000 ATM by Art. 60] | Disorderly conduct Police Department | $50 |
Dumping Bylaw (Ch. 93) Rules and Regulations of Board of Health [Added 5-3-2000 ATM by Article 60] | Dumping of Refuse Board of Health or agent designated by Board of Health | First violation: $100 Second violation: $200 Third and subsequent violations: $300 |
Easement Management Bylaw (Ch. 99) [Added 5-3-2000 ATM by Art. 60] | Management of obligations relating to easements mitigation Town Board, officer or department having jurisdiction over easement area or agent designated by any of them | $100, plus appropriate mitigation |
Electrical Installations Bylaw (Ch. 103) [Added 5-3-2000 ATM by Art. 60] | Installation of electrical facilities Inspector of Wires, Director of Municipal Inspections or agent designated by either | $20 |
Firearms Bylaw (Ch. 109) [Added 5-3-2000 ATM by Art. 60] | Discharge of automatic weapons Police Department | $50 |
Fuel Storage Tanks Bylaw (Ch. 119) [Added 5-3-2000 ATM by Art. 60] | Installation and maintenance of underground fuel storage tanks Fire Department | First violation: $50 Second violation: $100 Third and subsequent violations: $200 |
Construction Waste or Debris (Ch. 142) [Added 5-1-2017 ATM by Art. 47] | Construction Debris on Property | First offense: $25, with each day being a separate violation Second offense: $50, with each day being a separate offense Third offense: $100, with each day being a separate offense Fourth and subsequent offense: $300, with each day being a separate offense |
Door to Door Soliciting and Canvassing Bylaw (Ch. 150) [Added 5-3-2000 ATM by Art. 60; amended 5-7-2007 ATM by Art. 39; 11-5-2007 STM by Art. 6] | Door to Door Soliciting and Canvassing Police Department | $200 |
Sale of Products Bylaw (Ch. 154) [Added 5-3-2000 ATM by Art. 60] | Sale of certain items Police Department | $50 |
Solid Waste Bylaw (Ch. 170) [Added 5-3-2000 ATM by Art. 60] | Disposal of solid waste Board of Health, Select Board, Director of the Department of Public Works or agent designated by any of them | $50 |
Storm Drain System, Discharges to, Bylaw (Ch. 171) [Added 5-1-2017 ATM by Art. 48] | Stormwater | First violation: $100 Second and subsequent violations: $300 |
Streets and Sidewalks Bylaw (Ch. 174) [Added 5-3-2000 ATM by Art. 60; amended 5-5-2008 ATM by Art. 20] | Obstruction of streets and sidewalks Discharge of water onto a public way Director of the Department of Public Works or agent designated by such Director | $25 $25 |
Trees Bylaw (Ch. 186) [Added 5-3-2000 ATM by Art. 60] | Cutting or removal of trees Tree Warden, Director of the Department of Public Works or agent designated by either | $300 |
Unregistered Motor Vehicles Bylaw (Ch. 188) [Added 5-7-2012 ATM by Art. 45; amended 5-1-2017 ATM by Art. 50] | Parts of motor vehicles and trailers; unregistered motor vehicles and trailers Police Department | First offense: $25, with each day being a separate Second offense: $50, with each day being a separate offense Third offense: $100, with each day being a separate offense Fourth and subsequent offense: $300, with each day being a separate offense |
Vehicles and Traffic Bylaw (Ch. 190) [Added 5-3-2000 ATM by Art. 60] | Removal of cars for snow plowing and handicapped parking Director of the Department of Public Works or agent designated by such Director | First violation: $50 Second violation: $100 Third and subsequent violations: $200 |
Water Bylaw (Ch. 199) [Added 5-3-2000 ATM by Art. 60] | Conservation of water supplies Director of the Department of Public Works or agent designated by such Director | First violation: warning Second and subsequent violations: $100 |
Fire Prevention Bylaw (§ 113-2) [Added 5-7-2001 ATM by Art. 39] | Truss Roof and Floor Identification Placards Fire Department | First violation: $50 Second violation: $100 Third violation and subsequent violation |
Street Opening Permits (Art. IX) [Added 5-8-2021 ATM by Art. 41] | Street Opening Permits DPW Director; Select Board | Street Opening Permits (Art. IX) |
Wetlands Protection (Ch. 206) [Added 5-6-2024 ATM by Art. 41] | Wetlands Protection Conservation Administrator, Environmental and Inspectional Services Coordinator, Conservation Commission Members or Agents as designated by the Conservation Commission or Conservation Administrator | $300 per violation, each day being a separate offense |
If any provision of this article is declared to be unconstitutional, invalid or illegal by a court, agency or other body of competent jurisdiction, the offending provision shall be deemed stricken from this article and shall not affect the validity of the remaining provisions hereof which shall remain in full force and effect.