Town of Townsend, MA Article II Noncriminal Disposition of Violations

[Adopted 12-3-1987 STM by Art. 22; amended 4-29-1997 STM by Art. 16]

§ 1-1 Fine schedule and enforcing officers.

As an alternate to initiating criminal proceedings for violations of the following by-laws, and regulations, the enforcing officers may use the procedure provided in MGL c. 40, § 21D. For the purpose of this article the specific penalty which is to apply for violations of each section shall be listed below, and the municipal officers or employees whose titles are listed under each section shall be deemed to be the enforcing officers for each such section.

A. Zoning By-law.

(1) Enforcing officer: Inspector of Buildings.

(2) Fine schedule:

(a) First offense: $25.

(b) Second offense: $50.

(c) Third offense: $100.

(d) Fourth and each subsequent offense: $200.

B. Business certificate noncompliance.

[Added 4-28-1998 ATM by Art. 20]

(1) Enforcing officer: Inspector of Buildings.

(2) Fine schedule: up to $100 for each month during which such violation continues.

C. Board of Health tobacco regulation.

(1) Enforcing officers:

(a) Townsend police.

(b) Board of Health agent.

(2) Fine schedule:

(a) First offense: written warning.

(b) Second offense: $25 and three-day suspension of tobacco sales permit.

(c) Third offense: $50 and seven-day suspension of tobacco sales permit.

(d) Fourth offense: $100 and thirty-day suspension of tobacco sales permit for each offense.

D. Unregistered Motor Vehicles Bylaw.[1]

[Added 10-21-2003 STM by Art. 33; amended 12-14-2021 STM by Art. 9]

(1) Enforcing officers:

(a) Townsend Police.

(b) Building Inspector.

(2) Fine schedule:

(a) First offense: written warning.

(b) Second offense: $100 per day.

[1] Editor's Note: See Ch. 128, Unregistered Motor Vehicles.

E. Dogs, animals - § 28-5.

[Added 5-1-2007 ATM by Art. 20; amended 11-15-2011 STM by Art. 22]

(1) Enforcing officers:

(a) Townsend Police.

(b) Animal Control Officer.

(2) Fine schedule:

(a) First offense: $25;

(b) Second offense: $35;

(c) Third and subsequent offenses: $50.

F. NPDES Phase II Stormwater Bylaw.[2]

[Added 11-13-2007 STM by Art. 15]

(1) Enforcing officer: Stormwater Agent.

(2) Fine schedule:

(a) First offense: $100.

(b) Second offense: $200.

(c) Third and subsequent offense(s): $300.

[2] Editor's Note: See Ch. 85, NPDES Phase II Stormwater Management.

G. Illicit Discharges to the Municipal Storm Drain System Bylaw.[3]

[Added 11-13-2007 STM by Art. 15]

(1) Enforcing officer: Highway Superintendent.

(2) Fine schedule:

(a) First offense: $100.

(b) Second offense: $200.

(c) Third and subsequent offense(s): $300.

[3] Editor's Note: See Ch. 62, Illicit Discharges to the Municipal Storm Drain System.

H. Public use of marijuana and tetrahydrocannabinol.[4]

[Added 6-2-2009 ATM by Art. 19]

(1) Enforcing officer: Police officers of the Town.

(2) Fine schedule.

(a) Each offense: $300.

[4] Editor's Note: See Ch. 112, Streets and Sidewalks, § 112-21.

I. Automatic Fire Alarm System Bylaw.

[Added 5-4-2010ATM by Art. 21]

(1) Enforcing officer: Fire Chief or Municipal Hearing Officer.

(2) Malfunctions:

(a) First offense: no charge.

(b) Second offense: no charge.

(c) Third offense: written warning.

(d) Fourth offense: $50.

(e) Fifth offense: $100.

(f) All subsequent offenses: $100.

(3) Other violations.

(a) First offense: $50.

(b) All subsequent offenses: $50.

J. Townsend Wetlands Bylaw.

[Added 11-14-2012 STM by Art. 20]

(1) Enforcing officer:

(a) Conservation Agent.

(b) Townsend police.

(c) Building Inspector.

(2) Fine schedule:

(a) Unauthorized activity either in absence of or beyond the scope of valid order of conditions or determination of applicability.

[1] In wetland resource area:

[a] First offense: $100.

[b] Second offense: $200.

[c] Third offense: $300.

[2] In buffer zone:

[a] First offense: $50.

[b] Second offense: $100.

[c] Third and subsequent offenses: $200.

(b) Activity in violation of or failure to comply with conditions of a valid order of conditions or determination of applicability.

[1] First offense: $100.

[2] Second offense: $200.

[3] Third and subsequent offenses: $300.

(c) Failure to comply with any measures mandated by an enforcement order.

[1] First and subsequent offenses: $300.

(d) Failure to comply with required procedures, such as, but not limited to, recording and order of conditions at the Registry of Deeds before commencement of permitted activity, posting DEP file number at the site, and notifying the Conservation Agent before commencement of work.

[1] First offense: $25.

[2] Second offense: $50.

[3] Third offense: $100.

K. Mandatory recycling program.

[Added 11-19-2013 STM by Art. 19]

(1) Enforcing officer: Municipal Recycling Enforcement Coordinator, Health Administrator.

(2) Fine schedule:

(a) First offense: warning.

(b) Second offense: warning.

(c) Third and subsequent offenses: $100 per bag.

L. Outdoor Water Use Bylaw.[5]

[Added 5-3 2016 ATM by Art. 29]

(1) Enforcing officers:

(a) Water Superintendent.

(b) Water Technicians.

(2) Fine schedule:

(a) First offense: verbal warning.

(b) Second offense: written warning.

(c) Third offense: $100.

(d) Fourth and subsequent offense(s): $200.

[5] Editor's Note: See Ch. 87, Outdoor Water Use.

M. Plastic Bag Reduction Bylaw.[6]

[Added 5-7-2019 ATM by Art. 37[7]]

(1) Enforcement agency:

(a) Town Administrator or designee.

(2) Fine schedule:

(a) First offense: warning.

(b) Second offense: $25.

(c) Third offense: $50.

[6] Editor's Note: See Ch. 93, Plastic Bag Reduction.

[7] Editor's Note: The subsection designations herein were added with the permission of the Town Clerk in order to maintain the organizational style of the Code.