[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; 6-15-2021 ATM, Art. 20]
" 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 Select Board 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.
|
Chapter
|
Subject
|
Fine
|
Enforcement
|
|---|---|---|---|
|
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
|
Littering
|
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
|
$25
|
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
|
