[Adopted by the Annual Town Meeting 5-28-1991 by Art. 22; amended in its entirety 5-22-2007 ATM by Art. 17]
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
Fine schedule: Section 56-1 (Licensing) - $10.00 per month; Section 56-2 (Running at Large) - $25.00 first offense, $50.00 second offense, $100.00 third and subsequent offenses.
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.
Junk Vehicles, Chapter 71, Article II:
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
Fine schedule: Article I (disposal of waste) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses; Articles II and III (restrictions of dogs on public beach) - $50.00 first offense, $100.00 second offense, $150.00 third and subsequent offenses.
15.
Water Systems and Supply Regulations, Chapter 120:
Enforcing person: Board of Health, Health Agent, Police Officers
Fine schedule: Article I (wells and leaching systems) - $20.00; Article II (system regulations) - $50.00.
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.