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City of North Adams, MA
Berkshire County
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Code
New Laws (31) Index Notes (2)
[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) 
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) 
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) 
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) 
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.
The following schedule of fines is provided for civil infractions pursuant to this section:
Open containers of alcohol, Chapter 14, Sec. 14-3.1:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): police officers.
Bicycle regulations, MGL c. 85, §§ 11A and 11B:
Fine: first offense, written warning; subsequent offense, $20.
Enforcing person(s): police officers.
Canvassers and solicitors, Chapter 4:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): police officers, Inspector of Weights and Measures.
Certificate of compliance, Chapter 8, Sec. 8-47:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Health Director, Building Inspector, Code Enforcement Officer.
Certificates of occupancy, Chapter 8, Sec. 8-42:
Fine: first offense $50; subsequent offense, $100.
Enforcing person(s): Health Director, Building Inspector, Code Enforcement Officer
Curfew, Chapter 14, Sec. 14-2:
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.
Dogs, licensing of, Chapter 27, Sec. 27-2:
Fine: first offense, $5; subsequent offense, $10.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, restraint of, Chapter 27, Sec. 27-3:
Fine: first offense, $25; subsequent offense, $50.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, additional violations, Chapter 27, Sec. 27-4.
Fine: first offense, written warning; subsequent offense, $30.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, kennels, Chapter 27, Sec. 27-5:
Fine: first offense, $100; subsequent offense, $100.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, restraint of dogs; dogs in estrus (heat), Chapter 27, Sec. 27-6:
Fine: first offense, $10; subsequent offense, $25.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, dangerous and potentially dangerous dogs; Chapter 27, Sec. 27-8:
Fine: first offense, $100; subsequent offense, $100.
Enforcing person(s): police officers, Animal Control Officer.
Dogs, removal if of dog litter; Chapter 27, Sec. 27-9:
Fine: first offense, written warning; subsequent offense, $25.
Dumping, Chapter 15B, Sec. 15B-1:
Fines: $500 or maximum allowed by law.
Enforcing person(s): police officers, Health Director, Code Enforcement Officer.
Board of Health, Food Service Establishment Regulation violations, Chapter 2, Sec. 2-102:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Health Director, Code Enforcement Officer
Foreclosed residential properties, registration, Sec. 3-49:
Failure to register ownership:
Fine: first offense $300; subsequent offenses, $500.
Enforcing person(s): Building Inspector.
Failure to register with agent in charge:
Fine: first offense, $300; subsequent offenses, $500.
Enforcing person(s): Building Inspector.
Forest cutting, tree cutting, Chapter 25:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Commissioner of Public Services, Conservation Commission.
Hawkers and peddlers, Chapter 9:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): police officers, Health Director, Inspector of Weights and Measures.
Disturbing highway surface, curbing or obstructing streets, Chapter 21, Secs. 21-5, 21-6, 21-8:
Fine: first offense, $100; subsequent offense, $200.
Enforcing person(s): police officers, Commissioner of Public Services.
Junk dealers, secondhand dealers, Chapter 10:
Fine: first offense, written warning; subsequent offense, $50.
Enforcing person(s): police officers, Building Inspector.
Junked vehicles, Chapter 10:
Fine: first offense, $100; subsequent offense, $100.
Enforcing person(s): police officers, Building Inspector or his/her designee.
Keg license, Chapter 12, Sec. 12-13.3(a):
Fine: first offense, $200; subsequent offense, $300.
Enforcing person(s): police officers, Commissioner of Public Safety.
License, registrations and permits, Chapter 12:
Fine: first offense, $50, subsequent offense, $100.
Enforcing person(s): police officers, Building Inspector or his/her designee, Commissioner of Public Safety or his/her designee.
Littering, Chapter 15, Sec. 15-3:
Fine: first offense, written warning; subsequent offense, $50.
Enforcing person(s): police officers, Health Director, Administrative Officer, Code Enforcement Officer.
Public consumption of marijuana and marijuana products, Chapter 14, Sec. 14-3.2:
Fine(s): first offense, $50; subsequent offense(s), $100.
Enforcing person(s): police officers.
Regulations of other nonmotorized conveyances, Chapter 21, Sec. 21-25:
Fine: first offense, written warning; subsequent offense, $20.
Enforcing person(s): police officers.
Unlawful noise, Chapter 14, Sec. 14-4.1, Chapter 20:
Fine: first offense, written warning; subsequent offense, $100.
Enforcing person(s): police officers, Building Inspector.
Parades, Chapter 13, Sec. 13-9.2; Sec. 13-9.3:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): police officers, Commissioner of Public Safety.
Rules for use of park and recreation facilities, Chapter 7:
Fine: first offense, written warning; subsequent offense, $50.
Enforcing person(s): park police officers.
Injuring or interference with public water supply, sewer system, Chapter 24:
Fine: first and subsequent offense, $300.
Enforcing person(s): Commissioner of Public Services.
Roller skating, in-line skating and skateboarding, in the Business District, Chapter 21, Sec. 21-25.1.
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.
Enforcing person(s): police officers.
Regulation of signs, Chapter 21, Secs. 21-29 through 21-34, Zoning Ordinance Section 14.
Fine: first offense, written warning; subsequent offense, $50.
Enforcing person(s): Building Inspector.
Snow and ice removal from sidewalks, Chapter 21, Sec. 21-12, Residential Property:
Fine: first and second offense, written warning; subsequent offense, $25.
Enforcing person(s): police officers, Commissioner of Public Safety.
Snow and ice removal from sidewalks, Chapter 21, Sec. 21-12, Commercial Property:
Commercial Districts CA, CB, CC, CP-1:
Fine: first offense, written warning: subsequent offense, $50.
Enforcing person(s): police officers; Commissioner of Public Safety.
Planning Board, Special Permit violations, Zoning Ordinance, Sec. 3D:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Building Inspector.
Streets and sidewalks, Chapter 21, Secs. 21-10, 21-11, 21-28:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Building Inspector.
Taxicabs, Chapter 23:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): police officers.
Transfer station and recycling, Chapter 7, Secs. 7-11 through 7-11.2:
Fine: first offense, written warning; subsequent offense, $50.
Enforcing person(s): Health Director, Administrative Officer.
Transient vendor
Fine: $200 per day for the first three days; $100 per day after three days.
Vehicle operation at crosswalks, Chapter 13, Sec. 13-41.1.
Fine: first offense: $25.
Enforcing person(s): police officers.
Zoning Ordinance:
Fine: first offense, written warning; subsequent offense, $100.
Enforcing person(s): Building Inspector or his designee
Other infractions not specified above or elsewhere:
Fine: first offense, $50; subsequent offense, $100.
Enforcing person(s): Police officers, Building Inspector, Health Director, Administrative Officer.
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.
[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.