[HISTORY: Adopted by the City Council of
the City of Marlborough as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-30-1991 by Ord. No. 91-4095B (Ch. 147 of the 1986 Code)]
Whoever violates any provision of any section
of these revised ordinances or of any ordinance of the City, the provisions
or mandates of which pertain to all or any part of the general public,
may be penalized by indictment or on complaint brought in district
court. Where no specific fine is stated, the violator shall, upon
conviction, be fined not less than $25 nor more than $300 for each
offense.
Whoever violates any of the provisions of these
ordinances, the violation of which is subject to a specific penalty,
may be penalized through 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.
A.
Without intending to limit the generality of the foregoing,
it is the intention of this provision that the following ordinances,
rules or regulations are to be included within the scope of this subsection,
that the specific penalties as listed hereunder 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 ordinance, rule or regulation
shall also be enforcing persons for such ordinances, rules or regulations.
In addition to any other enforcing municipal personnel, the Code Enforcement
Officer(s) may also be a designee of any enforcing agent for all such
ordinances, rules or regulations.
[Amended 2-13-2023 by Ord. No. 23-1008796B]
B.
Nothing herein shall limit or restrict any enforcing
person's authority to seek criminal prosecution of any violation of
any ordinance, rule or restriction listed herein. Each day on which
any violation exists shall be deemed to be a separate offense. Where
no specific penalty amount is stated in an ordinance. rule. or regulation,
the specific penalty amount shall be: $100 for first offense, $200
for second offense, and $300 for third and any subsequent offense.
Unless otherwise specified, second and any subsequent offenses shall
mean additional offenses after a first offense which are committed
by the same offender within a twelve-month period.
[Amended 1-24-1994 by Ord. No. 93/94-5304A; 1-27-1997 by Ord. No.
94-5843B; 1-26-1998 by Ord. No. 97/98-7350B; 6-7-2004 by Ord. No.
04-100396B; 8-16-2004 by Ord. No. 04-100377C; 8-30-2004 by Ord. No.
04-100455B; 9-11-2006 by Ord. No. 06-1001269A; 5-21-2007 by Ord. No. 06-1001231-1H; 6-22-2009 by Ord. No. 09-1002125A-2; 6-22-2009 by Ord. No. 09-1002215A-2; 11-23-2009 by Ord.
No. 09-1002346F; 1-24-2011 by Ord. No. 10/11-1002667B-2; 10-6-2014 by Ord. No. 14-1005921A; 4-2-2018 by Ord. No.
17/18-1007097-1C; 2-13-2023 by Ord. No. 23-1008796B]
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Ordinance Violation
(Chapter/Section)
|
Penalty
|
Enforcing Agent
| ||
|---|---|---|---|---|
|
1)
|
First offense: warning; second and each additional
offense within a one-year period: $50
|
Police officer/ranking fireman
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|
2)
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Amusement Devices[1]
| |||
|
3)
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$10 after 10 days following violation notice
|
Building Commissioner and his designees
| ||
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3a)
|
$50
|
Building Commissioner and his designees
| ||
|
4)
|
First offense: warning; second offense, third
offense: $30; fourth and each successive offense: $50
|
Police officer/Animal Control Officer
| ||
|
5)
|
$50
|
Police officer/ranking fireman
| ||
|
6)
|
$50
|
Police officer/Health Inspector
| ||
|
7)
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$50
|
Building Commissioner
| ||
|
8)
|
Swimming Pools (Ch. 557, § 557-6)
|
$100
|
Building Commissioner
| |
|
9)
|
Unregistered Vehicles[2]
| |||
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10)
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Zoning (Ch. 650)
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$50
|
Building Commissioner
| |
|
11)
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City Blasting Code (Ch. 263)
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$100
|
Fire Chief or his designee
| |
|
12)
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$100
|
Police officer/Solid Waste Coordinator/Health
Inspectors
| ||
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13)
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$25
|
Police officer; Fire Department
| ||
|
14)
|
Public Grounds, Motor Vehicles on
|
$50
|
Police officer
| |
|
15)
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$50
|
Police officer
| ||
|
16)
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$25
|
Police officer
| ||
|
17)
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$25
|
Police officer
| ||
|
18)
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$25
|
Police officer
| ||
|
19)
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$50
|
Police officer
| ||
|
20)
|
Board of Health: Regulations for Minimum Standards
for Human Habitation
|
First offense: $100
Second offense: $200
Third and subsequent offense: $300
|
Board of Health, Director of Public Health,
and assistant sanitarian (hereinafter, Board of Health)
| |
|
21)
|
Board of Health: Regulations for Minimum Standards
for Onsite Sewage Treatment and Disposal S stems
|
First offense: $100
Second offense: $200
Third and subsequent offense: $300
|
Board of Health
| |
|
22)
|
Board of Health: Regulations for Minimum Standards
for Food Establishments
|
First offense: $100
Second offense: $200
Third and subsequent offense: $300
|
Board of Health
| |
|
23)
|
City Wetland Regulations (Ch. 627)
|
Penalty amounts set forth in Ch. 627
|
Conservation Officer
| |
|
24)
|
Board of Health: Regulation XII, Smoking and
other use of tobacco products in school buildings, upon school grounds
or in pupil transport vehicles
|
$25 per offense
|
Superintendent of Marlborough School District;
all district principals, assistant principals, directors of athletics;
Superintendent-Director and Principal of Assabet Valley Regional Vocational
High School, as well as police officers
| |
|
24.1)
|
Board of Health Regulations: All other Board of Health regulations not listed in § 315-2
|
Amount as set forth in the Board of Health Regulation.
If no specific penalty is listed in the regulation, then:
First offense: $100
Second offense: $200
Third and subsequent offense: $300
|
Board of Health
| |
|
25)
|
Plumbing
|
For violation of any provisions of Ch. 270, Art. II, § 270-7.1 or any provision of the State Plumbing Code (248 CMR): $100 for 1st offense; $200 for 2nd offense; $300 for each succeeding offense; each day or part thereof, whether continuous or intermittent, construed as separate and succeeding offense
|
Plumbing Inspector or Assistant Plumbing inspector
(in his absence)
| |
|
26)
|
(Reserved)
| |||
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27)
|
Building Regulations
| |||
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For violation of § 270-8 or any provision of State Building Code (780 CMR): $100 for 1st offense; $200 for 2nd offense; $300 for each succeeding offense; each day or part thereof, whether continuous or intermittent, construed as separate and succeeding offense
|
Building Commissioners or any of his designees,
in his absence
| |||
|
Certificate of legal multifamily dwelling units, Ch. 420
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$100 for 1st offense; $200 for 2nd offense;
$300 for 3rd and subsequent offense
|
Building Commissioner or his or her designee
| ||
|
28)
|
Registered Sex Offenders Restrictions, Ch. 517
| |||
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a) Residency restrictions, § 517-3
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First offense: $150 and notification that he/she
has 30 days to move; subsequent offense: $300 and notification to
offender's parole and/or probation officer and the Commonwealth's
Sex Offender Registry Board
|
Police Department
| ||
|
b) Safety zones, § 517-4
|
First offense: $150; each additional violation:
$300
|
Police Department
| ||
|
28.1)
|
Motorized Scooters, Ch. 503
|
First offense: $25; second: $50; subsequent
offenses: $100
|
Police Department
| |
|
29)
|
$200
|
Building Commissioner or his or her designee; Board of Health
| ||
|
$300
|
Building Commissioner
| |||
|
30)
|
Public consumption of marihuana or tetrahydrocannabinol, Ch. 412.
|
$300
|
Police Department
| |
|
31)
|
Stormwater Management, Ch. 271
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First offense: $100
Second offense: $200
Third and subsequent offense: $300
|
City Engineer
| |
|
32)
|
Detection and Elimination of Illicit Discharge to Municipal Storm Drain System, Ch. 511
|
First violation: $100
Second violation: $200
Third and subsequent violations: $300
|
City Engineer
| |
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33)
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$100
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Building Commissioner and his designee
| ||
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34)
|
$100
|
Chief of Police and his designee
| ||
|
35)
|
Lodging Houses and Boardinghouses (Chapter 421)
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$100
|
Building Commissioner and his designee
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