Town of Webster, MA
Worcester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.]

§ 85-1 Criminal complaint.

[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]

§ 85-2 Noncriminal disposition.

[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]
General Bylaws Incorporated Herein
Code Chapter
Subject
Fine
Chapter 357
(All other sections of Chapters 73, 238, 599 and 635 are excluded) Dancing Permit
$50.00
Chapters 308 and 488
Parks and Public Lands
$50.00
Chapters 334, 571 and 599
Streets and Sidewalks
$50.00
Chapter 555
Removal of Snow and Ice from sidewalks
1st offense
Subsequent offenses
Warning
$10.00
Chapters 296, 376, 437, 494, 505, and 650
Licenses and Permits
$50.00
Chapters 302, 372, 530, 571 and 607
Public Safety Regulation
(except Chapter 320)
$50.00
Chapter 320
Bicycle on sidewalk
$20.00
Chapters 441, 539, 546 and 562
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
Chapter 313, Article I
Animal Control Regulations
§§ 313-1 and 313-2
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.)
Chapter 313, Article I
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
Chapters 463 and 518
Miscellaneous Provisions
$50.00
Chapters 459 and 635
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
Chapter 570, Article I
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

§ 85-3 Selectmen to prosecute.

It shall be the duty of the Selectmen to prosecute upon written complaint all breaches of these bylaws.

§ 85-4 Jurisdiction.

All law officers having jurisdiction in Webster, shall be authorized to exercise their Powers to enforce Town bylaws.