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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
False alarms — See Ch. 235.
Fences — See Ch. 270, Art. V.
Site plans — See Ch. 270.
Dogs — See Ch. 250, Art. I.
Fire lanes and hydrants — See Ch. 333.
[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.
[1]
Editor's Note: See also Ch. 1, General Provisions, § 1-7, General penalty.
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.
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.
Ordinance Violation
(Chapter/Section)
Penalty
Enforcing Agent
1)
False Alarms (Ch. 235, §§ 235-3 and 235-7)
First offense: warning; second and each additional offense within a one-year period: $50
Police officer/ranking fireman
2)
Amusement Devices[1]
3)
Fence Regulations (Ch. 270, §§ 270-27 and 270-31)
[Amended 10-6-2014 by Ord. No. 14-1005921A]
$10 after 10 days following violation notice
Building Commissioner and his designees
3a)
Site Plan (Ch. 270, § 270-2)
[Amended 10-6-2014 by Ord. No. 14-1005921A]
$50
Building Commissioner and his designees
4)
Dogs (Ch. 250, Art. I)
First offense: warning; second offense, third offense: $30; fourth and each successive offense: $50
Police officer/Animal Control Officer
5)
Fire Lanes and Hydrants (Ch. 333, § 333-9)
$50
Police officer/ranking fireman
6)
Litter and Handbills (Ch. 406, § 406-22)
$50
Police officer/Health Inspector
7)
Sign Ordinance (Ch. 526, § 526-12)
[Amended 10-6-2014 by Ord. No. 14-1005921A]
$50
Building Commissioner
8)
Swimming Pools (Ch. 557, § 557-6)
[Amended 10-6-2014 by Ord. No. 14-1005921A]
$100
Building Commissioner
9)
Unregistered Vehicles[2]
10)
Zoning (Ch. 650)
[Amended 10-6-2014 by Ord. No. 14-1005921A]
$50
Building Commissioner
11)
City Blasting Code (Ch. 263)
$100
Fire Chief or his designee
12)
Garbage, Rubbish and Refuse (Ch. 406, § 406-1)
$100
Police officer/Solid Waste Coordinator/Health Inspectors
13)
Numbering of Property (Ch. 439, § 439-8)
[Amended 1-24-1994 by Ord. No. 93/94-5304A]
$25
Police officer; Fire Department
14)
Public Grounds, Motor Vehicles on
$50
Police officer
15)
Sewers (Ch. 510, § 510-18)
$50
Police officer
16)
Streets and Sidewalks (Ch. 551, §§ 551-24 and 551-25)
$25
Police officer
17)
Streets and Sidewalks (Ch. 551, § 551-27)
$25
Police officer
18)
Streets and Sidewalks (Ch. 551, § 551-29)
$25
Police officer
19)
Water (Ch. 608, § 608-24)
$50
Police officer
20)
Human Habitation, City Health Code
$50
Board of Health agent, sanitarian and assistant sanitarian (hereinafter, Board of Health)
21)
Subsurface Disposal of Sanitary Sewage, City Health Code
$50
Board of Health
22)
Food Establishments, City Health Code
$50
Board of Health
23)
City Wetland Regulations (Ch. 627)
Conservation Officer
24)
Board of Health Tobacco Regulations:
[Added 1-27-1997 by Ord. No. 94-5843B]
Regulation V, Smoking, Municipal Buildings
Minimum, $25; maximum: $50, each occurrence
Board of Health
Regulations VI, Clean Indoor Air
Person smoking: minimum, $25; maximum, $50, each offense
Proprietor: maximum $200 for each day of noncompliance
Board of Health
Regulation XI, Purchase and Advertising of Tobacco Products
For sales to minors: maximum, $200 for 1st, 2nd and 3rd offense; 4th and all other offenses, possible revocation or suspension of permit
For posting state law violation: $50; unlawful removal of posted state law: $10
For violations of Section C (Restrictions on freestanding displays); Section D (Reading Board of Health Regulations and state laws and signing of log book; Section E (Vending machines); Section F (Sale or distribution of tobacco products in form other than factory-wrapped packege): $100, each day a separate violation
For violation of Section V (Advertising of tobacco products on public transportation vehicles): $100, per day per vehicle
Regulation XII, Smoking and other use of tobacco products in school buildings, upon school grounds or in pupil transport vehicles
[Added 1-26-1998 by Ord. No. 97/98-7350B]
$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
25)
Plumbing
[Added 8-16-2004 by Ord. No. 04-100377C]
For violation of any provisions of Ch. 270, Art. II, § 270-7.1 or any provision of the State Plumbing Code (248 CMR): no less than $50 nor more than $100 for 1st offense; no less than $200 not more than $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)
27)
Building Regulations
[Added 6-7-2004 by Ord. No. 04-100396B]
Building Permits, etc., Ch. 270, § 270-8
For violation of § 270-8 or any provision of State Building Code (780 CMR): no less than $100 nor more than $300 for each 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
[Added 9-11-2006 by Ord. No. 06-1001269A]
Not less than $100 nor more than $300
Building Commissioner or his or her designee
28)
Registered Sex Offenders Restrictions, Ch. 517
[Added 5-21-2007 by Ord. No. 06-1001231-1H]
a) Residency restrictions, § 517-3
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
[Added 8-30-2004 by Ord. No. 04-100455B]
First offense: not more than $25; second: not less than $25 nor more than $50; subsequent offenses: not less than $50 nor more than $100
29)
Registration and Maintenance of Abandoned and/or Foreclosing Residential Properties, Ch. 485
[Added 6-22-2009 by Ord. No. 09-1002125A-2]
$300
Building Commissioner
30)
Public consumption of marihuana or tetrahydrocannabinol, Ch. 412.
[Added 6-22-2009 by Ord. No. 09-1002215A-2]
$300
Police Department
31)
Stormwater Management, Ch. 271
[Added 11-23-2009 by Ord. No. 09-1002346F]
City Engineer
32)
Detection and Elimination of Illicit Discharge to Municipal Storm Drain System, Ch. 511
[Added 11-23-2009 by Ord. No. 09-1002346F]
First violation: $100
Second violation: $200
Third and subsequent violations: $300
City Engineer
33)
Junk And Second Hand Dealer's Licenses, Chapter 377, § 377-10A
[Added 1-24-2011 by Ord. No. 10/11-1002667B-2; amended 10-6-2014 by Ord. No. 14-1005921A]
$100
Building Commissioner and his designee
34)
Junk And Second Hand Dealer’s Licenses, Chapter 377, § 377-10B
[Added 1-24-2011 by Ord. No. 10/11-1002667B-2]
$100
Chief of Police and his designee
35)
Lodging Houses and Boardinghouses (Chapter 421)
[Added 4-2-2018 by Ord. No. 17/18-1007097-1C]
$100
Building Commissioner and his designee
[1]
Editor's Note: Ord. No. 21851, adopted 2-8-1982, (Ch. 52 of the 1986 Code), was repealed 6-22-1992 by Ord. No. 92-4391B.
[2]
Editor's Note: This section was deleted from the Decriminalization Ordinance by Ord. No. 00-8518A, adopted 6-5-2000.