Town of Ipswich, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Ipswich as Ch. XVII of the 1973 Bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 300.

§ 325-1 Noncriminal disposition authorized.

In accordance with the provisions of MGL c. 40, § 21D, as amended, certain violations of the following listed bylaws, rules, and/or regulations of Town officials, boards and/or departments may be enforced pursuant to said Section 21D, as an alternative to initiating criminal proceedings.

§ 325-2 Enforcement authority.

Noncriminal Disposition, when implemented, shall be enforced by the person(s) so designated in § 325-4 below. The procedures for enforcement shall be in accordance with the provisions of MGL c. 40, § 21D.

§ 325-3 Specific penalties.

The specific penalties for violation(s) of the applicable bylaws, rules or regulations shall be as listed in § 325-4 below.

§ 325-4 Applicable bylaws, rules, or regulations.

A. 
Zoning Bylaw. Notwithstanding the enforcement and penalties prescribed in the Protective Zoning Bylaw and the provisions of Massachusetts General Law Chapter 40A, the provisions of said bylaw may be enforced by the Inspector of Buildings or Local Inspector by noncriminal complaint. Each day of violation shall constitute a separate offense. No enforcement under this section shall be authorized until the enforcing officer has mailed by certified mail or delivered in hand to the offender a written notice of violation and 21 days have expired from the date of mailing or delivery and no appeal pursuant to Chapter 40A has been timely filed, or, if an appeal has been filed, final determination has been made favorable to the Town. The penalty for violation(s) shall be as follows:
[Adopted 4-3-1989 TM, approved by Attorney General 6-13-1989]
1st offense
Warning
2nd offense
$25
3rd offense
$50
4th and
$100
Each subsequent offense
$300
B. 
General Bylaws. Notwithstanding the enforcement and penalties prescribed elsewhere in the General Bylaws of the Town of Ipswich and the provisions of MGL c. 40, § 21, the provisions of the following General Bylaws may be enforced by the designated official(s) and/or Board(s)/Commission(s) by noncriminal complaint. Except as specified hereinbelow, each day of violation shall constitute a separate offense. No enforcement under this subsection shall be authorized until the enforcing official and/or Board/Commission has mailed by certified mail or delivered in hand to the offender a written notice of violation and 21 days have expired from the date of mailing or delivery and no appeal to a court of competent jurisdiction has been timely filed, and/or final determination has been made favorable to the Town. The penalty for violations shall be as follows:
[Added 10-17-1992 STM, approved by Attorney General 1-11-1993; amended 10-21-1996 TM, approved by Attorney General 12-9-1996]
Chapter 105
Advertising on Property of Others (Building Inspector)
$50
Chapter 118, Article II
Taking of Seaweed (Shellfish Constable, Harbormaster)
$50
Chapter 122
Street Numbering (Fire Chief)
a.
First offense
Warning
b.
Second and subsequent offense
$50
(Each thirty-day period shall constitute a separate offense)
Chapter 134
Dealers in Secondhand Articles (Police)
$50
Chapter 138
Demolition Delay (Historical Commission)
$50
Chapter 142
Disorderly Behavior (Police)
$50
Chapter 149
Discharge of Firearms (Police)
$50
Chapter 153
Fortunetelling (Police)
$50
Chapter 170
Peeping Tom (Police)
$50
Chapter 180, Article II
Disposal of Rubbish (Health Agent)
a.
First offense
$50
b.
Second and subsequent offense
$200
Chapter 185
Scenic Roads (Police)
$50
Chapter 189
Solicitors and Canvassers (Police)
$50
Chapter 197
Streets and Sidewalks (Police)
$50
Chapter 201
Use of Town Property (Police)
$50
Chapter 212
Vehicles for Hire (Police)
$50
Chapter 220, Article I
Sewer Tie-ins (Health Agent)
$50
Chapter 220, Article II
Public Water Use Restrictions and Restraint (Director of Utilities)
$50
Chapter 220, Article III
Mandatory Metering of Non-Seasonal Water Services (Director of Utilities)
$50
Subsurface Storage of Materials (Fire Chief, Director of Utilities)
a.
First offense
$50
b.
Second and subsequent offense
$200
C. 
Rules and regulations. Notwithstanding the enforcement and penalties prescribed elsewhere in the General Bylaws of the Town of Ipswich and the provisions of MGL c. 40, § 21, the provisions of the following Rules and Regulations of the Town of Ipswich may be enforced by the designated official(s) and/or Board(s)/Commission(s) by noncriminal complaint. Except as specified hereinbelow, each day of violation shall constitute a separate offense. No enforcement under this subsection shall be authorized until the enforcing official and/or Board/Commission has mailed by certified mail or delivered in hand to the offender a written notice of violation and 30 days have expired from the date of mailing or delivery and no appeal to a court of competent jurisdiction has been timely filed, and/or final determination has been made favorable to the Town. The penalty for violations shall be as follows:
Shellfish Rules and Regulations (Shellfish Constable, Police)
[Added 10-17-1992 STM, approved by Attorney General 1-11-1993]
$50
State Sanitary Code (Board of Health Agent)
$50
Rules and Regulations and/or Enforcement Order of the Board of Health (Board of Health Agent)
$50
State Building Code (Building Inspector)
$50
Enforcement Order (Building Inspector)
$50
State Fire Prevention Code (Fire Division)
$50
Automatic Amusement Devices Licensing Regulations (Police Division)
$50
Carnival License Regulations (Fire Division)
$50
Parklands Regulations (Police Division)
$50
Sewer Regulations (Utilities Department)
$100
Street Openings (Public Works Department)
$100
Regulations on Use of Town Land (Police Department)
$50
Trash Collection Regulations (Public Works Department)
$50
Water Rules and Regulations (Utilities Department)
Blocking of Streets and Sidewalks with Snow and Ice Prohibited (Police Division)
[Added 10-18-1993 STM, approved by Attorney General 2-3-1994]
$50
Regulations on Parking of Vehicles on Town Property (Town Manager)
[Added 10-16-2000 STM, approved by Attorney General 10-20-2000]
$50