Town of Barre, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Barre 6-13-1994 ATM, Art. 20. Amendments noted where applicable.]
The Town hereby adopts the following bylaw providing for the noncriminal disposition of violations of any Town bylaw, or zoning bylaw, as authorized by MGL c. 40, § 21D.
This bylaw provides for a noncriminal disposition of a violation of a Town bylaw, zoning bylaw, or any rule or regulation of any Town officer, board, or department, the violation of which is subject to a specific penalty. This bylaw is enacted in accordance with MGL c. 40, § 21D.
[Amended 6-14-2004 ATM, Art. 44]
" Enforcing person" as used in this bylaw shall mean any regular police officer of the Town of Barre, the Building Commissioner, Zoning Officer, Local Inspector, Board of Health Officer, Board of Health Agent, Animal Control Officer, Dog Officer, or any such other official as the Board of Selectmen may from time to time designate, each with respect to violations of bylaws, zoning bylaws, or rules and regulations within their respective jurisdictions. If more than one Town department or official has jurisdiction over a given matter any such Town department or official may be an enforcing person with respect thereto. Each Town department or official who is or may be an enforcing person is hereby given the authority to adopt rules and regulations for the enforcement of this bylaw within the respective areas of their jurisdiction.
An enforcing person taking cognizance of a violation of any bylaw, rule or regulation may, as an alternative to instituting criminal proceedings, give the offender a written notice to appear before the Clerk of the Worcester Central District Court or such other court that may have jurisdiction for complaints issued within the Town of Barre for a noncriminal disposition of the violation, in accordance with MGL c. 40, § 21-D. The provisions of § 21-D are incorporated by reference herein.
Proceedings pursuant to this bylaw and § 21-D shall not be deemed to be criminal proceedings.
[Amended 3-13-1995 STM, Art. 3; 6-10-1996 ATM, Arts. 49 and 59; 6-8-1998 ATM, Art. 42; 6-12-2000 ATM, Arts. 48 and 49; 6-17-2002 ATM, Art. 31; 6-9-2003 ATM, Art. 37; 6-14-2004 ATM, Arts. 35 and 44; 6-17-2014 ATM, Art. 18; 6-17-2014 ATM, Art. 19]
Violation of the following bylaw sections may be enforced in the manner provided in MGL C. 40, § 21D. For the purpose of this bylaw, the specific penalty which is to apply to a violation of each such bylaw section shall be as listed below, and the municipal officers or employees whose titles are listed shall be deemed to be enforcing officers for each such section.
Ch. 11, Animals
Animal Control Bylaw
1st offense: $0
Animal Control Officer
2nd offense: $50
3rd offense: $60
4th offense or more: $100
Ch. 21, Building Construction
Building, plumbing, electrical and gas
$100 per violation per day
Building Commissioner, Inspector of Buildings, Local Inspector, Inspector of Wires, Inspector of Plumbing and Gas
Ch. 25, Buildings, Numbering of
Building numbering
$50 per offense
Building Commissioner, Local Inspector, and Zoning Official
Ch. 81
1st offense: $50
Subsequent offenses: $100
Police, DPW, Board of Health
Ch. 134, Water
Restrictions on water use
1st offense: $50 Each subsequent offense: $100
Board of Water Commissioners
Ch. 140, Zoning
Zoning Bylaw
$100 for each violation for each day
Building Commissioner, Local Inspector, and Zoning Official
Ch. 201, Earth Removal
Earth removal regulations
$300 per day for each day violation continues
Building Commissioner, Local Inspector, and Zoning Official
Ch. 304, Floor Drains
Floor drain regulations
1st offense: $200
Board of Health
Ch. 306, Smoking
Public places
1st offense: warning
Board of Health or designee
2nd offense within 1 year: $100
3rd offense within 1 year: $200
4th or subsequent offense within 1 year: $300
School property
Board of Health or designee
Ch. 307, Tobacco
Sale of tobacco
1st offense: $100 or suspension of permit for 1 day
2nd offense within 2-year period: $300 or suspension of permit for 30 days
Subsequent offenses: $300 or revocation of tobacco permit
Minors possessing or using tobacco
$25 or community service
Not in Code
Minimum standards for fitness for human habitation
1st offense: $25
Health Officer or Health Agent
2nd offense: $50
3rd offense: $100
Subsequent violation: $100 each day