Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No. 08-012 (former Ch. 1.08 of the Town Bylaws, adopted STM 10-7-1991 by Art. 15 as prior code § 1-6). Amendments noted where applicable.]
Whoever violates any provision of these ordinances may be penalized by indictment or criminal complaint brought in the District Court. The penalty shall be that fixed by ordinance; provided, however, that in no case shall the maximum penalty for each violation or offense, brought in this manner, be in excess of $300 unless otherwise allowed by law. Each day on which any violation or offense exists shall be deemed a separate violation or offense.
Whoever violates any provision of these ordinances, the violation or offense of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided for in MGL c. 40, § 21D, as the same now is or may hereafter be amended or supplemented. The noncriminal disposition method may also be used pursuant to this section for violations of any rule or regulation of any municipal officer, board or department, the violation or offense of which is subject to a specific penalty. Without intending to limit the generality of the foregoing, it is the intention of this provision that only the ordinances and rules and regulations which specifically invoke the use of a noncriminal disposition as provided in MGL c. 40, § 21D, are to be included within the scope of this section. In addition to police officers, who shall in all cases be considered enforcing persons for the purposes of this provision, the municipal positions, or persons serving the functions of same, listed in each ordinance, rule or regulation shall also be enforcing persons for such violations or offenses. Each day on which any violation or offense exists shall be deemed to be a separate violation or offense. Nothing contained herein shall be deemed to require the use of the noncriminal disposition method. At the option of the enforcing person, criminal and/or civil action may be utilized.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).
All fines and penalties for violation of any ordinance, rule, regulation, or order of the Town Council shall, when recovered, inure to the use of the Town and be paid into the Town treasury, unless it be otherwise directed by law or ordinance.
Table 1.08
Provisions Subject to Noncriminal Disposition
[Amended ATM 5-9-2001 by Art. 28; ATM 5-15-2002 by Art. 47; ATM 5-7-2003 by Art. 34; STM 10-7-2003 by Art. 6; STM 5-3-2004 by Art. 7; ATM 5-2-2006 by Art. 32]
Cite
(if applicable)
Provision
(enforcing person)
Penalty
Chapter 5.400
Amusement games (P)
$50
Chapter 5.560
Junk, secondhand and salvage dealers (H, B)
$50
Chapter 5.565
Peddling and soliciting (P)
$25
Chapter 5.570
Precious metals (P)
1: $50
2: $100
3: $150
4: $200
Subsequent: $200
Chapter 5.585
Sales, special (P)
$25
Chapter 6.100
Dogs and other animals (TC, ACO)
1: $5
2: $25
3: $25
4: $50
Subsequent: $50
Chapter 8.100
Burglar alarm control
3: $25
4: $35
5: $50
Subsequent: $50
Sections 8.300.010 through 8.300.090
Fire alarm and fire protection systems (F)
1: warning
2: $50
3: $100
4 and each subsequent: $200
Section 8.300.100
Fire alarm systems (F)
$300
Chapter 8.400
Dumpsters (H, B)
$25
Chapter 8.600
Hazardous materials (F, H) (P: mv only)
$250
Chapter 8.700
Fencing swimming pools (H, B)
$25
Sections 9.100.010, 9.100.020 and 9.400.040 through 9.400.070
Peace and good order (P)
$25
Chapter 9.200
Alcohol: consumption in public (P)
$50
Section 9.400.020
Littering (P)
1: $50
2: $100
3: $200
Subsequent: $200
Chapter 9.500
Firearms (P)
$50
Chapter 10.04
Handicapped parking (P, SP: mv parking) (B: marking and signs)
$100 per violation
Section 12.04.030
Numbering of buildings (E, B)
$10
Section 12.08.030
Obstruction of sidewalks (P, CE)
$25
Section 12.08.050A and B
Fire lanes (P, SP: mv parking) (F, B: marking and signs)
$15
Section 12.08.050C
Fire lanes: snow removal (F)
$15
Section 12.08.050D
Fire lanes: marking (F, B)
$15
Section 12.16.030
Waterways (HM, P)
$50
Chapter 12.20
Wetlands (CC)
1: $50
2: $100
Subsequent: $300
Chapter 13.06
Cellar drains (P) (DPW)
$100
Chapter 13.07
Grease treatment (P, CE, DPW)
$100
Zoning Ordinances
Zoning (B)
$50
MGL c. 148, § 27A
Cover fire hydrants with snow (F)
$100
Department of Public Works
Department regulations
Trespass
$50
Swimming
$50
Boating
$50
Littering
$50
Trapping
$50
Discharge of firearms
$100
Open containers of alcohol
$100
Trans. garbage/rubbish
$100
Junked vehicles
$100
Recreational vehicles: motorized/nonmotorized (P)
$100
Health Department
Department regulations (H)
$50
Environmental tobacco smoke:
1st offense (H)(P)
Warning
2nd offense
$100
3rd offense
$200
4th offense
$300
Feral cat feeding station:
1st offense (H)
$25
2nd offense
$35
3rd offense
$50
Well (H)
$300
Massage bath (H)
$100
Distribution of tobacco products:
1st offense (H)
$100
2nd offense
$200
3rd offense
$300
Park Department
Department regulations (PK)
$50
NOTES:
Penalties: 1 = first offense, 2 = second offense, etc.
Enforcing person: P = Police; F = Fire; H = Health; E = Engineering; PK = Park; B = Building; CE = Code Enforcement; CC = Conservation Commission; SP = Special Police; ACO = Animal Control Officer; TC = Town Clerk; HM = Harbormaster; DPW = Department of Public Works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.10, Adoption of Code).