Whoever violates any provisions of the bylaws contained in the Code of the Town of Falmouth may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense, brought in such manner, shall be $300.
[HISTORY: Adopted by the Town of Falmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted ATM 4-5-1988, Art. 19]
A.
Whoever violates any provisions of the bylaws contained in the Code of the Town of Falmouth, 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 violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty.
B.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following chapters and sections of chapters are to be included within the scope of this subsection, 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 purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections.
C.
Each day of which any violation exists shall be deemed to be a separate offense.
Chapter/Part/ Article/Section | Subject | Enforcing Officials | Fine | ||
|---|---|---|---|---|---|
Ch. 75 | Alarm systems | $50 | |||
§ 75-8 | |||||
First offense | $25 | ||||
Each subsequent | $25 | ||||
Alcoholic beverages | $300 | ||||
Ch. 83 | Animals | ||||
Art. I | Dogs at large | Conservation Officer Dog Officer | See § 83-19 | ||
Ch. 87 | Beaches | ||||
Art. I | General Regulations | Beach Superintendent | $50 | ||
Art. II | Vehicles on beaches | Conservation Officer Beach Superintendent | $50 | ||
Ch. 99 | Numbering of buildings | Building Commissioner | $50 | ||
Ch. 103 | Camping and tenting | Building Commissioner Health Agent | $50 | ||
Parking in fire lanes | $50 | ||||
Ch. 150 | Noise | Police | $50 | ||
Ch. 156 | Peace and good order | ||||
Art. II | Disorderly persons | Police | $50 | ||
Art. III | Affray | Police | $50 | ||
Art. IV | Resisting arrest | Police | $50 | ||
Art. V | Obstructing justice | Police | $50 | ||
Art. VI | Disturbing the peace | Police | $50 | ||
Ch. 156, § 14 [Added ATM 4-3-2017, Art. 12, approved 6-14-2017] | Synthetic Marijuana | Police Officer/Health Agent | $300 | ||
Ch. 160 | Peddling and soliciting | ||||
Art. I | Hawkers and peddlers | Building Commissioner | $50 | ||
Ch. 164 | Damage to property | Police | $50 | ||
Ch. 172 | Rental property | Health Agent Building Commissioner | $100 | ||
Ch. 176 | Special sales | Building Commissioner (yard, garage) | $50 | ||
Ch. 180 | Sewers and septic systems | ||||
Part 1 | Sewer use [Amended STM 10-24-1989, Art. 57; STM 10-2-1990, Art. 41; AFTM 11-7-2017, Art. 20, approved 2-12-2018] | DPW Superintendent Wastewater Superintendent | |||
First offense | $50 | ||||
Each subsequent offense | $100 | ||||
Ch. 184 [Added AFTM 11-15-1994, Art. 32] | Signs | Building Commissioner | |||
First offense | $25 | ||||
Second offense | $50 | ||||
Third offense | $100 | ||||
Each subsequent offense | $200 | ||||
Wheeled devices on sidewalks | Police | ||||
First offense | $25 | ||||
Second offense | $50 | ||||
Third offense | $100 | ||||
Ch. 203 | Swimming pools | Building Commissioner | $50 | ||
§ 203-6 [Added AFTM 11-14-2016, Art. 3, approved 2-17-2017] | Swimming pool drains | Building Commissioner Director of Public Works Police officer | $300 | ||
Ch. 213 | Vehicles and traffic | ||||
Art. I | Vehicles on Town property | $50 | |||
Art. II | Handicapped parking | ||||
First offense | $15 | ||||
Each subsequent offense | $25 | ||||
Art. III | Crosswalks | $25 | |||
Art. IV | Motor vehicle stickers | Building Commissioner | $50 | ||
Ch. 219 | Vending machines | Building Commissioner | $50 | ||
Ch. 223 | |||||
Art. I | Water emergency [Amended STM 10-24-1989, Art. 57; STM 10-2-1990, Art. 41] | DPW Superintendent | |||
First offense | $50 | ||||
Each subsequent offense | $100 | ||||
Ch. 231 | Waterways | Harbor Master | $50 | ||
Ch. 235 | Wetlands protection | Conservation Agent | $50 | ||
Ch. 240 | Zoning | Building Commissioner | |||
First offense | $25 | ||||
Second offense | $50 | ||||
Third offense | $100 | ||||
Each subsequent offense | $200 | ||||
Ch. 269 [Added AFTM 11-7-2017, Art. 20, approved 2-12-2018] | Mooring Regulations | Harbor Master | |||
First offense | $50 | ||||
Each subsequent offense | $200 | ||||
Fourth offense | $300 | ||||
Each subsequent offense | $300 | ||||
FHR Falmouth Health Regulations and Orders of the Board of Health [Amended AFTM 11-7-2017, Art. 20, approved 2-12-2018] | Health | Health Agent | |||
First offense | $25 | ||||
Second offense | $50 | ||||
Third offense | $100 | ||||
Each subsequent offense | $200 | ||||
General Laws | |||||
MGL c. 85, § 11B [Added STM 4-12-2005, Art. 7, approved 5-9-2005] | Bicycles | Police | $20 | ||
Littering | Health Agent | $50 | |||
(MGL c. 140, § 145B) [Added AFTM 11-15-1994, Art. 32] | Vaccination of dogs and cats | Director of Natural Resources Animal Control Officer | $50 | ||
[Article 36, passed 4-5-1993 by the Annual Town Meeting, reads as follows: "To see if the Town will vote to accept and approve the recodification of the bylaws and regulations of the Town of Falmouth in the format presented in the volume entitled the 'Code of the Town of Falmouth,' which is on file in the office of the Town Clerk; said recodification containing only a renumbering, recaptioning and repositioning of the present bylaws and regulations with no substantive changes having been made to any of the legislation included therein. Such recodification shall be known as the 'Code of the Town of Falmouth.'"] |