[Ord. of 10-27-1998]
Whoever violates any provisions of Chapters 2 through 28, inclusive, of the Ordinances of the City of North Adams or the Zoning Ordinance of the City of North Adams, whereby any act or thing is enjoined, ordered or prohibited, may be penalized by complaint brought in the District Court.
Unless other provision is expressly made within Chapters 2 through 28, inclusive, of the Ordinances of the City of North Adams, or the Zoning Ordinance of the City of North Adams, the penalty for each violation or offense brought in such manner shall not be in excess of $300 unless otherwise, allowed by state law.
[Ord. of 10-27-1998; Ord. of 2-9-1999; Ord. of 6-8-1999; Ord. of 9-28-1999; Ord. of 12-28-1999; Ord. of 2-26-2002; Ord. of 3-14-2006; Ord. of 8-14-2007; Ord. of 3-11-2008; Ord. of 4-22-2008; Ord. of 5-26-2009; Ord. of 3-23-2010]
Whoever violates any provisions of Chapters 2 through 28, inclusive, of the Ordinances of the City of North Adams or the Zoning Ordinance of the City of North Adams, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. This noncriminal method of disposition may also be used for violations of any rule or regulations of any municipal officer, board or department which is subject to a specific penalty. In addition to police officers, who shall in all cases be considered enforcing persons for the purposes of this section, except where state statute provides otherwise, the municipal personnel listed as enforcing persons for each section, or listed as enforcing persons by state statute, shall also be enforcing persons for such section. Each day on which a violation exists shall be deemed to be a separate offense.
The following violations may be subject to noncriminal disposition:
(a)Â
Any violation of an order of the Director of Health-Sanitarian, Inspector
of Weights and Measures and Inspector of Housing Codes which is authorized
by the general laws or by any special law applicable to the City of
North Adams, or any violation of a municipal ordinance, rule or regulation.
(b)Â
Any violation of an order of the building inspector which is authorized
by the General Laws or by any special law applicable to the City of
North Adams, or any violation of a municipal ordinance, rule or regulation.
(c)Â
Any violation of an order of the Public Safety Commissioner authorized
by the General Laws or by any special law applicable to the City of
North Adams, or any violation of a municipal ordinance, rule or regulation.
(d)Â
Any violation of any other City of North Adams ordinance or any rule
or regulation of any municipal officer, board or department, as stated
by ordinance.
All fines, forfeitures and penalties shall, unless otherwise
provided by law, inure to the use of the city and be paid when received
into the city treasury.
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The following schedule of fines is provided for civil infractions
pursuant to this section:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): police officers.
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Bicycle regulations, MGL c. 85, §§ 11A and 11B:
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Fine: first offense, written warning; subsequent offense, $20.
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Enforcing person(s): police officers.
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Canvassers and solicitors, Chapter 4:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): police officers, Inspector of Weights and
Measures.
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Health Director, Building Inspector, Code
Enforcement Officer.
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Fine: first offense $50; subsequent offense, $100.
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Enforcing person(s): Health Director, Building Inspector, Code
Enforcement Officer
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Fine: first offense, $50; said fine may be waived by the City
Clerk upon evidence by the Commissioner of Public Safety that said
person has performed 5 hours of community service; subsequent offense,
$100; said fine my be waived by the City Clerk upon evidence by the
Commissioner of Public Safety that said person has performed 10 hours
of community service. Enforcing person(s): police officers.
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Fine: first offense, $5; subsequent offense, $10.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, $25; subsequent offense, $50.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, written warning; subsequent offense, $30.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, $100; subsequent offense, $100.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, $10; subsequent offense, $25.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, $100; subsequent offense, $100.
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Enforcing person(s): police officers, Animal Control Officer.
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Fine: first offense, written warning; subsequent offense, $25.
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Fines: $500 or maximum allowed by law.
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Enforcing person(s): police officers, Health Director, Code
Enforcement Officer.
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Health Director, Code Enforcement Officer
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Foreclosed residential properties, registration, Sec. 3-49:
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Failure to register ownership:
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Fine: first offense $300; subsequent offenses, $500.
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Enforcing person(s): Building Inspector.
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Failure to register with agent in charge:
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Fine: first offense, $300; subsequent offenses, $500.
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Enforcing person(s): Building Inspector.
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Forest cutting, tree cutting, Chapter 25:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Commissioner of Public Services, Conservation
Commission.
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Hawkers and peddlers, Chapter 9:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): police officers, Health Director, Inspector
of Weights and Measures.
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Disturbing highway surface, curbing or obstructing streets, Chapter 21, Secs. 21-5, 21-6, 21-8:
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Fine: first offense, $100; subsequent offense, $200.
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Enforcing person(s): police officers, Commissioner of Public
Services.
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Junk dealers, secondhand dealers, Chapter 10:
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Fine: first offense, written warning; subsequent offense, $50.
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Enforcing person(s): police officers, Building Inspector.
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Junked vehicles, Chapter 10:
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Fine: first offense, $100; subsequent offense, $100.
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Enforcing person(s): police officers, Building Inspector or
his/her designee.
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Keg license, Chapter 12, Sec. 12-13.3(a):
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Fine: first offense, $200; subsequent offense, $300.
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Enforcing person(s): police officers, Commissioner of Public
Safety.
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License, registrations and permits, Chapter 12:
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Fine: first offense, $50, subsequent offense, $100.
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Enforcing person(s): police officers, Building Inspector or
his/her designee, Commissioner of Public Safety or his/her designee.
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Fine: first offense, written warning; subsequent offense, $50.
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Enforcing person(s): police officers, Health Director, Administrative
Officer, Code Enforcement Officer.
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Fine(s): first offense, $50; subsequent offense(s), $100.
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Enforcing person(s): police officers.
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Fine: first offense, written warning; subsequent offense, $20.
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Enforcing person(s): police officers.
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Fine: first offense, written warning; subsequent offense, $100.
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Enforcing person(s): police officers, Building Inspector.
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): police officers, Commissioner of Public
Safety.
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Rules for use of park and recreation facilities, Chapter 7:
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Fine: first offense, written warning; subsequent offense, $50.
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Enforcing person(s): park police officers.
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Injuring or interference with public water supply, sewer system, Chapter 24:
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Fine: first and subsequent offense, $300.
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Enforcing person(s): Commissioner of Public Services.
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Fine: first offense, written warning; second offense the police
officer taking possession of the roller skates, in-line skates or
skateboard; subsequent offense: the police officer taking possession
of the roller skates, in-line skates or skateboard and collection
of a fine of $5 to have the item taken returned.
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Enforcing person(s): police officers.
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Regulation of signs, Chapter 21, Secs. 21-29 through 21-34, Zoning Ordinance Section 14.
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Fine: first offense, written warning; subsequent offense, $50.
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Enforcing person(s): Building Inspector.
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Fine: first and second offense, written warning; subsequent
offense, $25.
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Enforcing person(s): police officers, Commissioner of Public
Safety.
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Commercial Districts CA, CB, CC, CP-1:
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Fine: first offense, written warning: subsequent offense, $50.
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Enforcing person(s): police officers; Commissioner of Public
Safety.
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Planning Board, Special Permit violations, Zoning Ordinance,
Sec. 3D:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Building Inspector.
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Streets and sidewalks, Chapter 21, Secs. 21-10, 21-11, 21-28:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Building Inspector.
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Taxicabs, Chapter 23:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): police officers.
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Transfer station and recycling, Chapter 7, Secs. 7-11 through 7-11.2:
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Fine: first offense, written warning; subsequent offense, $50.
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Enforcing person(s): Health Director, Administrative Officer.
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Transient vendor
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Fine: $200 per day for the first three days; $100 per day after
three days.
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Fine: first offense: $25.
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Enforcing person(s): police officers.
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Zoning Ordinance:
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Fine: first offense, written warning; subsequent offense, $100.
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Enforcing person(s): Building Inspector or his designee
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Other infractions not specified above or elsewhere:
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Fine: first offense, $50; subsequent offense, $100.
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Enforcing person(s): Police officers, Building Inspector, Health
Director, Administrative Officer.
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If any provision(s) of this chapter shall be invalid for any
reason, said provision(s) shall be deleted and the remainder of the
chapter shall continue in full force and effect.
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[Ord. of 6-27-1978, § III(1); Ord. of 8-14-1990, § 1; Ord. of 10-27-1998]
The form to be used as the notice of violation of any ordinance,
rule, regulation or order is on file in the Office of the City Clerk.