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Town of Dartmouth, MA
Bristol County
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Table of Contents
Table of Contents
[Adopted 10-29-1996, approved 2-13-1997; last amended 6-7-2011, approved 9-15-2011 (Art. 112 of the 2011 General By-Laws)]
A. 
Violations.
(1) 
Alcoholic Beverages Public Building or Public Way (Open Container Law): $200.
(2) 
Junk or Unregistered Vehicles on Property: not less than $50 nor more than $300 per day, per vehicle.
(3) 
Diving off Town Bridges: $25.
(4) 
Noise Issues, Chapter 250, § 250-2A, B and C: $100.
(5) 
Padanaram Bridge Activity Violations: $50.
(6) 
Depositing Rubbish on Public Way or Public Place: $250.
(7) 
Removing, Defacing Public Safety Signs: $150.
(8) 
Lighting of Object on Streets or Sidewalks: $25.
(9) 
Pumping Water onto Streets: $25.
(10) 
Soliciting within Town without a Permit: $50.
(11) 
Obstructing Private Way: $25.
(12) 
Animals within Street Lines (deleted 6/5/12): $25.
(13) 
Riding Cycles on Sidewalks: $20.
(14) 
Not Covering any Substance to be Transported: $200.
(15) 
Non-removal of Snow from Sidewalks: $25.
(16) 
Littering: $200 for the first offense; $250 for the second offense; $300 for each subsequent offense.
(17) 
Obstruction of Public Way: $25.
(18) 
Violation of Rules & Policies Regarding Water Use Restrictions: $50 first offense; $100 subsequent offense.
(19) 
Violation of Rules for Collection & Disposal of Solid Waste: $20.
(20) 
Illegal Disposal of Rubbish: $300.
(21) 
Scenic Roads (Removal of each tree or stone wall): $300.
(22) 
Prohibited Dumping: $100.
(23) 
Prohibited Hazardous Waste Facility: $100.
B. 
The above-described violations are enforceable by the Police Department.
A. 
Violations.
(1) 
Signs Without Permit: $50.
(2) 
No Occupancy Permit: $50.
(3) 
Failure to Maintain Parking Lot: $30.
(4) 
Improper Use of Parking Spaces: $30.
(5) 
Site Triangle Violation: $30.
(6) 
Prohibited Occupancy of Mobile Home/Trailer: $25.
B. 
The above-described violations are enforceable by the Building Commissioner.
A. 
Constructing a well without a permit: $50 first offense; $100 second offense.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding operating a piggery without a valid permit, was repealed 6-5-2018 ATM by Art. 24, approved 9-10-2018.
C. 
Dartmouth Food Establishment Regulations.
(1) 
The following fines and penalties concerning Food Establishment Regulations adopted by the Dartmouth Board of Health pursuant to Massachusetts General Laws, Chapter 111, Section 31, which regulations are on file at its offices:
(a) 
Violations related to foodborne illness interventions and risk factors: $250.
(b) 
Repeat critical violations related to good retail practices: $150.
(c) 
Repeat non-critical violations related to good retail practices: $75.
(2) 
Definitions of these violations are contained in the Federal Food Code and 105 CMR 590.000 and the Dartmouth Food Establishment Regulations.
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, Animal regulations, was repealed 6-5-2018 ATM by Art. 24, approved 9-10-2018.
E. 
Violation of minimum housing standards. Whoever fails to comply with an order issued pursuant to the provisions of 105 Code of Massachusetts Regulations 410.00, Minimum Standards of Fitness for Human Habitation, by failing to correct a Housing Code violation shall be subject to a penalty of $50 for each violation. Each day's failure to comply with an order shall constitute a separate violation.
F. 
The above-described violations are enforceable by the Board of Health or their duly authorized Agent, including Police Officers.
A. 
Violations.
(1) 
Violation of Zoning By-Law (see section 27.400 of the Zoning By-Law): $300.[1]
[1]
Editor's Note: Recodification of the Zoning By-Law as Ch. 375 of the Town Code is pending. In the recodified Zoning By-Law see § 375-34.4.
(2) 
Violation of variance condition or provision (see section 27.400 of the Zoning By-Law): $300.
(3) 
Violation of special permit condition or provision (see section 27.400 of the Zoning By-Law): $300.
B. 
The above-described violations are enforceable by the Building Commissioner, Building Inspectors, the Zoning Enforcement Officer, Assistant Zoning Enforcement Officers and by Police Officers.
False Alarm By-Law Fine: $25 for third false alarm in fiscal year; $50 for the fourth through ninth false alarm in a fiscal year; $75 for the 10th false alarm and each false alarm in the fiscal year; $25 for alarm installed after February 22, 1985, without required automatic shut-off device; $25 each day for failure to correct improper installation within 30 days after notice. The Police Department is hereby authorized and shall enforce this By-Law.
A. 
Failure to obtain or renew any permit required by the Board of Health not listed elsewhere in the schedule of violations: $50; $100 (second offense).[1]
[1]
Editor's Note: Former Subsection B, regarding permits for garbage, offal, or other offensive substances, which immediately followed this subsection, was repealed 6-5-2018 ATM by Art. 24, approved 9-10-2018.
These violations refer to air and noise pollution at commercial and residential properties.
A. 
Dust, Odor, Construction and Demolition violation, 310 CMR 7.09: $150.
B. 
Noise violation, 310 CMR 7.10: $150.
A. 
These violations refer to the Title 5 and Dartmouth Supplemental Regulations to Title 5 and Regulations and the State Environmental Code Title V: Minimum Standards for the Subsurface Disposal of Sanitary Sewage: 310 CMR 15.00.
(1) 
Failure to complete and submit a septic system inspection report, Title 5, 310 CMR 15.301: $200.
(2) 
Failure to maintain a septic system to prevent overflow, backup or discharge to the surface or surface water, Title 5, 310 CMR 15.303: $200.
(3) 
Failure to report the pumping of a sewage disposal system component, Title 5, 310 CMR 15.351: $200.
(4) 
Failure to connect to town sewer or to obtain a variance from the requirement within one year of its availability, Dartmouth Supplemental Regulations to Title 5, 15.004: $200.
(5) 
Failure to maintain an alternative system in compliance with approval conditions: $200.
B. 
The above-described violations are enforceable by the Board of Health or their duly authorized Agent, including Police Officers.
[Added 10-21-2014; amended 6-5-2018 ATM by Art. 24; approved 9-10-2018]
Critical: $150 per violation
Non-Critical: $75 per violation
Section 7. Imminent Health Hazard
Section 6. General Requirements
Section 8. Occupancy Limitations
Section 9. Animals and Smoking
Section 10. Guest Room Requirements:
Section 10. Guest Room Requirements:
Subsection A.)7.a.),b.) and 8.
Subsection A.)1.-6, and 9.-10., B.)1.-6., C.)1.7., D.)1.-3. and E.)
Section 11. Safety Requirements
Section 12. Public Indoor Areas
Section 14. Ice and Ice Dispensing:
Section 13. Exterior Premises
Subsection A.)3. and B.)
Section 14. Ice and Ice Dispensing:
Section 15. Personnel Health and Cleanliness:
Subsection A.)1.,2. and C.)
Subsection A.)1.,2. and B.)1.-3.
Section 15. Personnel Health and Cleanliness:
Subsection C.)
Section 16. Housekeeping and Laundry Facilities
Section 17. General Safety and Sanitary Conditions
Each day of a continuing violation shall constitute a separate finable offense. To the extent that any particular Section or Subsection of the Guest Establishment Regulations is incorporated by reference into the Dartmouth Board of Health Inn and Innholder Regulations, then the above-listed fine for said Section or Subsection shall also apply to and be utilized in the enforcement of said Inn and Innholder Regulations.
[Added 6-2-2015 ATM by Art. 30, approved 9-3-2015]
Every violation of the Dartmouth Select Board Regulations Regarding Hawkers and Peddlers shall result in a fine of $20; provided that each item or piece of merchandise that is sold in violation of these Regulations shall be a separate violation; further provided, that each day of a continuing violation of these Regulations shall be a separate violation; further provided, that each house, business or property at which a peddler engages in door-to-door peddling in violation of these Regulations shall be a separate violation. Each violation of these Regulations shall be enforced by the Town police officers, and may be enforced through the non-criminal method of disposition.
[Added 10-18-2016 ATM by Art. 7, approved 3-22-2017]
A. 
Category 1 violations - $50/$100/$200/$300 for first/second/third/subsequent violations in a calendar year.
(1) 
Harvesting or landing shellfish, eels or sea worms on a closed day for the given species.
(2) 
Use of any unauthorized implement, device, method or storage basket/container for harvesting shellfish, eels or sea worms.
(3) 
Improper placement or number of eel pots.
(4) 
Failure to visibly display relevant recreational permit or commercial license while harvesting or landing shellfish, eels or sea worms.
(5) 
Dry-digging during periods of insufficient air temperature.
(6) 
Harvesting oysters or quahogs in insufficient water depth.
(7) 
Any other violation of the Shellfish Regulations not otherwise specifically categorized herein.
B. 
Category 2 violations - $100/$200/$300 for first/second/subsequent violations in a calendar year.
(1) 
More than two holders of any recreational permits or commercial licenses for scallops harvesting from the same vessel or other watercraft.
(2) 
Using SCUBA or other underwater breathing gear in the harvesting of shellfish, eels or sea worms.
(3) 
Harvesting or landing shellfish, eels or sea worms as a household member who has not been listed as such.
(4) 
Harvesting or a landing shellfish, eels or sea worms by an unsupervised household member.
[Added 10-17-2017 ATM by Art. 14, approved 1-29-2018]
Violations of Dartmouth Prohibited Products Regulations: $300 per violation. Each day of a continuing violation shall constitute a separate finable offense.
[Added 6-5-2018 ATM by Art. 24, approved 9-10-2018]
Every violation of the Dartmouth Board of Health Land Development and Reuse Regulations shall result in a fine of $300 per violation; provided, that each day of a continuing violation shall constitute a separate fineable offense.
[Added 6-5-2018 ATM by Art. 24, approved 9-10-2018]
Every violation of the Dartmouth Board of Health Composting Regulations shall result in a fine of $300 per violation; provided, that each day of a continuing violation shall constitute a separate fineable offense; further provided, that nothing shall prevent a single action or inaction from constituting multiple separate and distinct violations for which fines shall be issued.
[Added 6-5-2018 ATM by Art. 24, approved 9-10-2018]
Every violation of the Dartmouth Board of Health Garbage Regulations shall result in a fine of $300 per violation; provided, that each day of a continuing violation shall constitute a separate fineable offense; further provided, that each truckload of a continuing violation shall constitute a separate fineable offense; further provided, that nothing shall prevent a single action or inaction from constituting multiple separate and distinct violations for which fines shall be issued.
[Amended 6-5-2018 ATM by Art. 24, approved 9-10-2018]
Every violation of the Dartmouth Board of Health Domestic Animal Regulations shall result in a fine of $50 per violation; provided, that each day of a continuing violation shall constitute a separate fineable offense; further provided, that nothing shall prevent a single action or inaction from constituting multiple separate and distinct violations for which fines shall be issued.
[Amended 6-5-2018 ATM by Art. 23, approved 9-10-2018]
Every violation of the Dartmouth Select Board Regulations for Review of Petitions for the Collocation of Wireless Transmissions Equipment in Public Ways, and every violation of any term or condition of any license that is issued pursuant to said Regulations, shall result in a fine of $300 per violation; provided, that each day of a continuing violation shall constitute a separate fineable offense; further provided, that nothing shall prevent a single action or inaction from constituting multiple separate and distinct violations for which fines shall be issued.