Any By-Law of the Town of Newbury, or Rule or
Regulation of its officers, boards, committees or departments, the
violation of which is subject to a specific penalty may, in the discretion
of the Town official who is the appropriate enforcing person, be enforced
in the method provided for in Massachusetts General Laws, Chapter
40, Section 21D. The non-criminal penalty for each such violation,
if not otherwise specified below, shall be $100.00.
| ||
As used herein the term "enforcing person" shall
mean any Police Officer of the Town of Newbury with respect to any
offense, and the Building Inspector, Harbormaster or Assistant Harbormasters,
Animal Control Officer, the Board of Health or its designees, the
Conservation Commission or its designees, and such other officials
as the Board of Selectmen may from time to time designate, each with
respect to violations of any By-Laws and/or rules and regulations
within their respective jurisdictions. If more than one official has
jurisdiction in any specific case, any such official may be an enforcing
person with respect thereto.
| ||
The specific penalties listed below shall apply
in appropriate cases and in addition to police officers, who shall
in all cases be considered an enforcing person for the purposes hereof,
the municipal officials listed for each section, if any, shall also
be enforcing persons for such sections. Each day on which any violation
exists shall be deemed to be a separate offense.
| ||
1.
|
Alcoholic Beverages, Chapter 41:
| |
Enforcing person: Police Officers
| ||
Fine schedule: $100.00.
| ||
2.
|
Beaches, Chapter 45:
| |
Enforcing person: Police Officers
| ||
Fine schedule: Sections 45-2 and 45-3 (Vehicles and Littering prohibited) - $100.00; Sections 45-4 and 45-5 (Games restricted and Fires prohibited) - $50.00; Section 45-6 (Animals restricted) - $25.00 first offense, $35.00 second offense, $50.00 third and subsequent offenses; Sections 45-7 and 45-8 (Balls and other objects restricted and Camping prohibited) - $20.00.
| ||
3.
|
Dogs and Other Animals, Chapter 56:
| |
Enforcing person: Animal Control Officer, Police
Officers
| ||
4.
|
Earth Removal, Chapter 60:
| |
Enforcing person: Building Inspector, Police
Officers
| ||
Fine schedule: $100.00.
| ||
5.
|
Hunting, Chapter 67:
| |
Enforcing person: Police Officers
| ||
Fine schedule: $100.00.
| ||
6.
| ||
Enforcing person: Police Officers
| ||
Fine schedule: $50.00.
| ||
7.
|
Peace and Good Order, Chapter 82:
| |
Enforcing person: Police Officers
| ||
Fine schedule: $100.00.
| ||
8.
|
Solid Waste, Chapter 86:
| |
Enforcing person: Board of Health, Health Agent,
Police Officers
| ||
Fine schedule: $300.00.
| ||
9.
|
Streets, Sidewalks and Commons, Chapter 88:
| |
Enforcing person: Police Officers
| ||
Fine schedule: $100.00.
| ||
10.
|
Tobacco Products (on school property), Chapter 90:
| |
Enforcing person: Police Officers
| ||
Fine schedule: $100.00 first offense or, at
violators option, attend approved tobacco education program in lieu
of fine, $100.00 second and subsequent offenses.
| ||
11.
|
Vehicles and Traffic, Chapter 93:
[Amended 5-25-2010 ATM, Art. 26] | |
Enforcing person: Police Officers
| ||
Fine schedule: Article IV (parking) - $50.00; Article VI (house numbering) — warning for first offense, $35.00 second and subsequent offenses.
| ||
12.
|
Wetlands, Chapter 95:
| |
Enforcing person: Conservation Commission, Conservation
Agent, Police Officers
| ||
Fine schedule: $100.00.
| ||
13.
|
Zoning, Chapter 97:
| |
Enforcing person: Building Inspector, Police
Officers
| ||
Fine schedule: $100.00.
| ||
14.
|
Animal Regulations, Chapter 109:
[Amended 5-25-2010 ATM, Art. 25] | |
Enforcing person: Animal Control Officer, Police
Officers
| ||
15.
|
Water Systems and Supply Regulations, Chapter 120:
| |
Enforcing person: Board of Health, Health Agent,
Police Officers
| ||
16.
|
Waterways Regulations, Chapter 122:
| |
Enforcing person: Harbormaster, Assistant Harbormasters,
Police Officers
| ||
Fine schedule: Refusal to obey lawful order
of Harbormaster or Assistant Harbormaster - $300.00; placement of
a mooring, float or dock without permit-$100.00; reckless/negligent
operation of a vessel-$100.00; pollution of waterways or dumping waste
material - $300.00; failure to remove abandoned, sunk or unsafe vessel
- $100.00; sublet of private mooring - $300.00; all others - $50.00.
|