Town of Lynnfield, MA Chapter 58 Penalties and Enforcement

[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield as Ch. 8 of the Bylaws. Amendments noted where applicable.]

§ 58-1 Violations and penalties.

[Amended 4-27-1981 ATM]

Every violation not otherwise provided for, of any of the Town bylaws, shall be punished by a fine of not less than $50 nor more than $200, to be recovered by complaint before any court having jurisdiction, and all penalties shall inure to the Town.

§ 58-2 Complaints.

Any citizen may, and the Selectmen, police officers and constables shall, prosecute every violation of the Town bylaws, by complaint before any court having jurisdiction.

§ 58-3 Noncriminal disposition of violations.

[Amended 4-27-1981 ATM]

A. Any Town official who takes cognizance of a violation of a specific bylaw, rule and/or regulation of the Town which said official is empowered to enforce (hereinafter referred to as the "enforcing person") may, but shall not be required to, as an alternative to initiating criminal proceedings, give the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof at any time during the office hours of said court, not later than 21 days after the date of such notice.

B. Said notice and the noncriminal disposition of the violation shall be in conformity with MGL c. 40, § 21D, as amended. The specific sum to be paid by any offender under this procedure shall be the minimum sum of money as may be fixed at the time of the violation by the bylaw, rule or regulation as the penalty for violation of the same but shall not exceed the maximum amount permitted by said MGL c. 40, § 21D, as amended.

Schedule of Violations, Fines and Enforcing Officers
Violation of the following bylaw sections, rules and regulations may be enforced in the manner provided in MGL c. 40, § 21D. For the purpose of this section, the specific penalty which is to apply for violation of each such section shall be as listed below and the municipal officers or employees whose titles are listed under each section shall be deemed to be enforcing officers for each such section.
Section	Offense		Fine	Enforcement Agent
Chapter 111	Public Drinking Bylaw		$20	Police officers
Chapter 115, Article II, §§ 115-1 through 115-6	Dog Control Law		$10
		First offense	Warning
		Second and succeeding offenses	$10	Dog Control Officers Police officers
Chapter 115, Article II, § 115-7	Dog Licensing Bylaw [Amended 10-21-1996 ATM]		$25	Dog Control Officers Police officers
Chapter 161, Article I	Junk and unregistered used motor vehicles		$50	Zoning Enforcement Officer Police officers
Chapter 217, Article II	Breaking, obstructing, digging up of streets		$20	Police officers
Chapter 217, Article IV	Snow and Ice Bylaw		$20	Police officers
Chapter 260	Planning and Zoning Bylaw		$100 per day	Zoning Enforcement Officer Police officers
Chapter 213, Article I	Stormwater Management Bylaw [Added 4-27-2010 ATM by Art. 14]			Department of Public Works
		First violation	Written warning
		Second violation	$50
		Third violation	$100
		Subsequent violations	$200
Chapter 213, Article II	Stormwater Management Bylaw [Added 4-27-2010 ATM by Art. 14]			Conservation Commission
		First violation	Written warning
		Second violation	$50
		Third violation	$100
		Subsequent violations	$200
Chapter 225	Tree Preservation Bylaw violations [Added 10-18-2021 ATM by Art. 3]			Planning Board or its designee
		First offense	$100
		Second offense	$200
		Third or subsequent offense	$300
Board of Health	Regulations Affecting Access of Tobacco Products to Minors [Amended 10-22-2001 ATM]			Health Agent Tobacco Control Program Director
	Permit holder:
		First offense	$100
		Second and subsequent offenses within 24 months of first offense	$300
	Employee of permit holder:
		First offense	$50
		Second offense	$75
		Third and subsequent offenses	$100
Board of Health	Regulations Affecting Smoking in Certain Places [Amended 10-22-2001 ATM]			Health Agent Tobacco Control Program Director Police officers
		Second offense	$100
		Third offense within 12 months of first offense	$200
		Fourth and subsequent offenses within 12 months of first offense	$300