§ 1-1. Designation of General Bylaws
§ 1-2. Effect of repeal of bylaw.
§ 1-3. Words and phrases.
§ 1-4. Enactment or repeal of bylaws.
§ 1-5. General Penalties.
§ 1-6. Copies on file.
[HISTORY: Adopted as Ch. 1, Secs. 1 through 5, and Ch. XI, Sec. 4, of the 1974 bylaws. Amendments noted where applicable.]
GENERAL REFERENCES
Selectmen – See Ch. 37
§ 1-1. Designation of general bylaws.
The provisions of Division 1 shall constitute the general bylaws of the Town of Great Barrington, Massachusetts, which shall be in lieu of all bylaws heretofore in force, excepting bylaws pertaining to zoning in the Town of Great Barrington.
§ 1-2. Effect of repeal of bylaw.
The repeal of a bylaw shall not thereby have the effect of reviving any bylaw heretofore repealed.
§ 1-3. Words and phrases.
Words and phrases specifying or naming any officer, board or committee of the town shall be construed as including the lawful successor of the person or persons having the powers and performing the duties of such officer, board or committee.
§ 1-4. Enactment or repeal of bylaws.
Any or all bylaws of this code may be repealed or amended or other bylaws may be adopted at any Town meeting, an article or articles for that purpose having been inserted in the warrant for such meeting by the Selectmen.
§ 1-5. General Penalties. [Amended 5-4-1989 ATM, Art. 22]
Whoever violates any of the provisions of this Code shall be charged with a misdemeanor and, on conviction thereof, shall be punished by a fine not exceeding three hundred dollars ($300.) for each offense, unless otherwise provided. Each day such violation continues shall be considered a separate offense.
A. Non Criminal Disposition of Certain Violations
[Adopted 5-4-1998 ATM, Art 13]
Whoever violates any provisions of these bylaws, the violation of which is subject to specific penalty, may be penalized by a non-criminal disposition as provided in General Laws, Chapter 40, Section 21D. The non-criminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board, or department which is subject to a specific penalty.
Without intending to limit the generality of the foregoing, it is the intention of this provision that the following by-laws and sections of by-laws are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases and that in addition to police officers, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections. Each day on which any violation exists shall be deemed to be a separate offense.
1. Chapter 50 |
Alcoholic Beverages |
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Article 1 |
Consumption and Possession |
Fine Allowed: |
Section 50-1 |
Prohibited Activity |
$50.00 each offense |
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2. Chapter 55 |
Automobiles, Boats, Junk |
Fine Allowed: |
Section 55-1 |
Prohibited Activity |
$50.00 each offense |
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3. Chapter 81 |
Dog and Cats [Amended 5-3-1999 ATM Art26] [Amended 5-17-2004 ATM, Art 22] |
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Enforcement Officer: Animal Control Officer Fine Schedule: Within a calendar year |
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Unlicensed Dog |
$25.00 |
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No rabies vaccination |
$50.00 |
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Unrestrained |
$10.00 1st Offense |
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$20.00 2nd Offense |
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$50.00 3rd Offense |
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Curbing in a prohibited area: |
$25.00 |
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Intentionally allowing a dog to cause a nuisance by barking, howling or otherwise. |
$ 5.00 1st Offense $10.00 2nd Offense $20.00 3rd Offense $40.00 4th Offense |
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4. Chapter 94 |
Fire Regulations [Amended 5-7-01 ATM Art. 13] Any violation of MGL, Chapter 148as adopted by the Town Meeting Enforcement Officer: Fire Chief or Fire Inspector Fine Schedule within a calendar year: |
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Violation |
$50.00 |
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5. Chapter 102 |
Garbage, Rubbish and Refuse [Added 5-12-03 ATM, Art 14] |
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Section 102-2 |
Polystyrene Containers Fine Allowed: Up to one hundred dollars ($100.) per day per violation. Enforcement Agent: Board of Health and its Agents |
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Fine Schedule: |
1st Offense twenty five dollars ($25.) 2nd Offense fifty dollars ($50.) 3rd and subsequent offenses, one hundred dollars ($100) |
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6. Chapter 129 |
Peace and Good Order |
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Article 1 |
Loitering |
Fine Allowed |
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Prohibited Activity |
$50.00 each offense |
Article III |
Use of Scooters, skateboards and roller skates [Amended 5-3-1999 ATM Art. 20] |
1st Offense Warning 2nd Offense $10.00 3rd Offense $50.00 |
7. Chapter 153 |
Streets and Ways |
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Article 1 |
Miscellaneous Provisions |
Fine Allowed: |
Section 153-9 |
Depositing leaves, snow or debris On Town streets |
$50.00 each offense |
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8. Chapter 171 |
Zoning |
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[Added 5-12-2003 ATM, Art. 14] Enforcement Agent: Inspector of Buildings |
Fine Schedule: 1st offense twenty five dollars ($25.) 2nd offense fifty dollars ($50.) 3rd offense one hundred dollars ($100.) 4th and each subsequent offense ($200.) Each day on which a violation exists shall be deemed a separate offense. |
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9. |
Board of Health Rules & Regulations [Amended 5-6-2002 ATM Art. 9] Fine Allowed: up to $100.00 per day per violation |
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Enforcement Agent: Board of Health and its Agents |
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Massage Food Service Title V Garbage Haulers Septic Installers Swimming Pools |
1st offense $25.00 2nd offense $50.00 3rd offense $100.00 |
§ 1-6. Copies on File.
The Selectmen shall cause copies of this Code, printed in pamphlet or booklet form, to be kept in the Town office, where copies may be had upon application, after such bylaws are duly approved by the Attorney General.
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