[HISTORY: Adopted by the Town Meeting 5-8-1988 ATM, Art. 98,
as Secs. 1.4, 1.5 and 1.7 of the General Bylaws. Amendments noted
where applicable.]
[Amended 6-26-1989 ATM, Art. 20]
A.
Whoever violates any of the provisions of these bylaws
whereby any act or thing is enjoined or prohibited shall, unless other
provisions are expressly made, forfeit and pay a fine of three hundred
dollars ($300) or the maximum sum as provided in MGL c. 40, § 21,
and as later amended. Each day that a violation contains shall be
considered a separate offense.
B.
Whoever violates any provision of these bylaws may
be penalized by 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 as listed above.
C.
In addition to the fine or penalty, any costs incurred
by the Town of Webster, its agents, officials, employees, etc., to
remedy or to rectify any violation of these bylaws, or other preestablished
Legislative or Administrative rules and regulations, shall be directly
assessable against the violator. Such costs shall be assessed by the
Town civilly, and not as a penalty or fine. The direct cost shall
be determined by the Town Administrator and added to whatever fine
is imposed. Direct costs include but are not limited to, employee
wages or overtime, use of equipment or tools, hired contractors, fines
or fees assessed against the Town, etc.
[Amended 5-11-2009 ATM,
Art. 26]
[Amended 6-26-1989 ATM, Art. 20]
A.
Whoever violates any provision of these bylaws, the
violation of which is subject to a specific penalty, may be penalized
by a noncriminal disposition as provided in MGL c. 40, § 21D,
and as amended. The noncriminal method of disposition may also be
used to impose fines or penalties for violations of any rule or regulation
by any municipal officer, employee, board or multiple body member,
who 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 bylaws, including
chapters, sections and subsections of bylaws, be included within the
scope of this section, that the specific penalties as listed here
shall apply in such cases and that in addition to police officers,
(as outlined in § 85-4 of these bylaws) who shall in all
cases be considered enforcing persons for the purpose of these provision,
the Town Administrator and/or his agent(s) shall be empowered to enforce
any and all of the bylaws listed within these chapters. Each day on
which any violation exists shall be deemed to be a separate offense.
All sections or subsections of each Chapter shall be included as a
part of that Chapter, unless specifically excluded below. Chapters
not listed below shall not be included under noncriminal disposition.
[Amended 5-11-2009 ATM,
Art. 26; 5-10-2010 ATM, Art. 13; 10-15-2012 FATM,
Art. 18; 5-13-2013 ATM, Art. 8; 5-13-2013 ATM, Art. 9; 6-22-2020 STM by Art. 16]
|
General Bylaws Incorporated Herein
| ||
|---|---|---|
|
Code Chapter
|
Subject
|
Fine
|
|
Chapter 357
|
$50.00
| |
|
Parks and Public Lands
|
$50.00
| |
|
Streets and Sidewalks
|
$50.00
| |
|
Chapter 555
|
Removal of Snow and Ice from sidewalks
1st offense
Subsequent offenses
|
Warning
$10.00
|
|
Licenses and Permits
|
$50.00
| |
|
Public Safety Regulation
(except Chapter 320)
|
$50.00
| |
|
Chapter 320
|
Bicycle on sidewalk
|
$20.00
|
|
Health Department Regulations
The Board of Health shall be an additional enforcing
authority
| ||
|
1st thru 3rd offense
|
$20.00
| |
|
4th and subsequent offenses
|
$100.00
| |
|
Chapter 546
|
Sewer Connections
The Sewer Commissioners shall be an additional
enforcing authority
| |
|
Each offense
|
$200.00
| |
|
Animal Control Regulations
| ||
|
1st offense
|
$25.00
| |
|
2nd offense
|
$50.00
| |
|
3rd offense
|
$75.00
| |
|
Any other after the third offense will be fined in increments
of $25.00 (i.e., 4th offense: $100.00, 5th offense: $125.00, etc.)
| ||
|
Animal Control Regulations
§ 313-6
| ||
|
Dog not licensed on or before June 30th in any
year:
|
$25.00 in addition to the license fee
| |
|
Any unspayed and unleashed female dog roaming
at large in season (heat) off the premises of the owner or keeper:
|
$25.00
| |
|
Chapter 329
|
Building Code
|
$100.00
|
|
Miscellaneous Provisions
|
$50.00
| |
|
Lake Rules and Regulations (Harbormaster)
| ||
|
1st offense
|
$50.00
| |
|
2nd offense
|
$75.00
| |
|
3rd offense
|
$100.00
| |
|
4th and subsequent offenses
|
$200.00
| |
|
Chapter 494
|
Pawnbrokers and Secondhand Dealers
| |
|
1st offense within a 24-month period
|
$50.00
| |
|
2nd offense within a 24-month period
|
$100.00
| |
|
3rd and subsequent offenses within a 24-month period
|
$300.00
| |
|
Stormwater Management and Erosion Control
| ||
|
1st offense
|
Written notice of violation
| |
|
2nd offense
|
$100.00
| |
|
3rd and subsequent offenses
|
$200.00
| |
|
Article II
|
Non-Stormwater Discharge
| |
|
Each offense
|
$200.00
| |
|
Chapter 636
|
Wetlands Protection - § 636-4G
| |
|
Filling a wetland or resource area
|
$75 per square foot per day
| |
|
Wetlands violations excluding filling of wetlands
| ||
|
1st day of offense
|
$100
| |
|
2nd day of offense
|
$200
| |
|
3rd and subsequent days of offense
|
$300
| |
It shall be the duty of the Selectmen to prosecute
upon written complaint all breaches of these bylaws.
All law officers having jurisdiction in Webster,
shall be authorized to exercise their Powers to enforce Town bylaws.
