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Non-criminal Disposition
Voted July 14, 1981, Article 5; Approved by the Attorney General October 19,1981
Amended October 24, 1989, Article 33: Approved by the Attorney General January 18, 1990; Posted January 24, 1990; Amended May 2,3,7,14 & June 5, 1990, Article 74
Voted May 2,3,7,14 & June 5, 1990, Article 74; Approved by the Attorney General September 5, 1990; Amended April 13,20 &26, 1993, Article 49
Voted April 13,20 &26, 1993, Article 49; Approved by the Attorney General July 16, 1993; Posted July 22, 1993; Amended October 22 & 23, 1991, Article 26
Voted October 22 & 23, 1991, Article 26; Approved by the Attorney General March 6, 1992; Posted March 13, 1992
Section 54
Non-criminal Disposition
Whoever violates any provision of these By-laws or of any Rule or Regulation of a Town Board, Commission, or Committee may be penalized by a non-criminal disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D, if the violation is subject to a specific penalty.
Without limiting the generality of the foregoing, the following By-laws, Sections of By-laws, Rules and Regulations are included. The specific penalties listed here shall apply in such cases. In addition to Police Officers, who shall in all cases qualify as enforcing persons, the Town personnel shown for each citation shall also be the enforcing persons.
Each day on which any violation exists shall be deemed to be a separate offense. Where increased penalties are stated for repeated offenses, a violation shall be considered a first offense if the person has not violated the cited provision for a year.
Reference |
Subject |
Fine |
Tisbury Wetlands Bylaw
|
Conservation Officer or Commissioners
|
|
Section 1 |
Violation in a Buffer Zone; failure to obtain Order of Conditions permitting activity or to obtain negative determination |
$25 - 1st offense $50 - 2nd offense $75 - 3rd offense |
Section 2 |
Violation in Resource Area; failure to obtain Order of Conditions permitting activity or to obtain negative determination. |
$50 - 1st offense $100 - 2nd offense $150 - 3rd offense |
Section 3 |
Failure to record Order of Conditions |
$10 |
Section 4 |
Failure to post file # |
$10 |
Section 5 |
Failure to comply with mitigating measures as indicated in Enforcement Order |
$20 |
Section 6 |
Failure to stop activity, in Resource area, as directed in Enforcement Order or as ordered by a Town Police officer, other officer having police powers, Commission members, or Commission's Conservation Officer |
1st offense - $100.00 2nd offense - $200.00 3rd offense - $300.00 |
Section 7 |
Failure to stop activity, in buffer zone, as directed in Enforcement Order or as ordered by a Town Police Officer, other officer having police powers, Commission's members, or Commission's Conservation Officer |
1st offense - $ 50.00 2nd offense - $100.00 3rd offense - $150.00 |
Section 8 |
Failure to comply with one or more special conditions contained in Order of Conditions |
1st offense - $25.00 2nd offense - $50.00 3rd offense - $75.00 |
Bicycle Regulations Bylaw |
Improperly equipping or operating a bicycle |
$20. to a person 18 yrs. old or older $10. to a person under 18 yrs. old |
And further, that the Town direct the Board of Health to adopt regulations pursuant to MGL c. 111 s. 31 and further, a schedule of fines for use in non-criminal dispositions pursuant to MGL c. 40 s. 21D.
Voted July 24, 1900. Amended April 23, 24, & 25, 1996 -- Article 21. Approved by the AG July 9, 1996 and posted July 15, 1996. Amended April 29 &30, 1997--Article 25. Approved by the AG August 8, 1997 and posted August 21, 1997.
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