§ 1-9.1. Noncriminal disposition and penalties.  


Latest version.
  • Any person who violates any of the provisions of this Code which are enumerated in this section may be penalized by a noncriminal disposition as provided in M.G.L.A. c. 40, § 21D. The noncriminal 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 ordinances are to be included within the scope of this subsection, that the specific penalties as listed herein shall apply in such cases and that, in addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this provision, 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.

    Sections Violation Enforcing Persons Penalty
    3-1 Posting restricted Superintendent of building $25.00
    4-24 Dog—Late license Animal control officer $50.00
    4-25 Dog/cat—Rabies vaccination Animal control officer $45.00
    4-26 Dogs/cats—Limits per dwelling Animal control officer $50.00
    4-27 Kennel license—Required Animal control officer $50.00
    4-28 Operating kennel after license revoked Animal control officer $50.00
    4-29 Dog/cat—Excessive noise Animal control officer 1st citation: $30.00
    2nd citation: $50.00
    3rd citation: $100.00
    4-31 Dog/cat—Leashing required Animal control officer 1st citation: $75.00
    2nd citation: $100.00
    3rd citation: $200.00
    4-34 Dog/cat—Disposal of waste Animal control officer $25.00
    4-35 Animals—Inhumane treatment Animal control officer 1st citation: $150.00
    2nd citation: $300.00
    4-36 Dog/cat—Dangerous Animal control officer 1st citation: $150.00
    2nd citation: $300.00
    4-37 Injury to dog/cat—Failure to report Animal control officer $75.00
    7-1 Open burning Fire Department, through its authorized agents and employees $50.00 first offense
    $75.00 second offense
    $100.00 third and each subsequent offense
    8-5 Failure to abate nuisance Health inspector $50.00
    8-136(a) Automated rubbish collection service Superintendent of public works $25.00
    8-154 Bulk container required Health inspector 1st citation: $25.00
    2nd citation: $50.00
    3rd and all other citations: $100.00
    8-155 Property to be clean Health inspector 1st citation: $25.00
    2nd citation: $50.00
    3rd and all other citations: $100.00
    8-156 Accumulated rubbish Health inspector 1st citation: $25.00
    2nd citation: $50.00
    3rd and all other citations: $100.00
    8-157 Household appliances; disposal Health inspector 1st citation: $25.00
    2nd citation: $50.00
    3rd and all other citations: $100.00
    8-158 Illegal dumping Health inspector 1st citation: $25.00
    2nd citation: $100.00
    3rd and all other citations: $300.00
    9-14(a), (d), (e) Tag sales $50.00
    10-17 Obstructing passage $25.00
    10-18 Defacing poles, etc. $25.00
    10-19 Smoking by minors Health inspector $25.00
    10-24 Consumption, possession of alcoholic beverages underage 21 $100.00
    10-25 Urinating in public $50.00
    10-26 Permit—Private motor vehicle sales $100.00
    10-31, 10-32, 10-33 Noise $100.00
    11-68 Consumption, possession of alcoholic beverages $100.00
    16-6 Wares obstructing streets/sidewalks $25.00
    16-7 Material; snow/ice in right-of-way $25.00
    16-12 Garbage on sidewalk or street Health inspector
    Superintendent of building
    $25.00
    16-14 Removal of snow or ice Fire officer
    Superintendent of building
    $25.00
    16-19 Open cellar doors Fire officer
    Superintendent of building
    $25.00
    16-109(4) Permit—Stormwater management Department of public works 1st citation: $100.00
    2nd citation: $200.00
    3rd citation: $300.00
    16-110(5)(A) Discharge—Storm drains/water courses Department of public works 1st citation: $100.00
    2nd citation: $200.00
    3rd citation: $300.00
    16-110(5)(B) Illicit connection—Storm drain Department of public works 1st citation: $100.00
    2nd citation: $200.00
    3rd citation: $300.00
    16-110(5)(C) Obstruction—Storm drains Department of public works 1st citation: $100.00
    2nd citation: $200.00
    3rd citation: $300.00
    16-135 Vehicles operating on sidewalks prohibited:
    Elm Street, entire length and all adjacent sidewalks
    North Elm Street to Union Street
    Franklin Street from Elm Street to Washington Street and all adjacent sidewalks
    Court Street from Elm Street to Washington Street and all adjacent sidewalks
    Main Street from Elm Street to Mechanic Street and all adjacent sidewalks
    Broad Street to Yale Street
    All downtown parking lots
    Parker Park
    General Shepard Monument and Park Square and the Green
    Kane Park
    $25.00
    16-152 Public shade trees, permit required to trim, remove Director of natural resources
    Tree warden
    $250.00
    17-91 Unregistered motorized scooters 1st violation: $25.00
    2nd violation: Not less than $25.00 nor more than $50.00
    3rd and subsequent violation: Not less than $50.00 nor more than $100.00
    17-293 Pedestrians crossing roadways $25.00
    18-75 Water restrictions Water superintendent 1st citation: $25.00
    Deputy water superintendent 2nd and all other citations: $50.00
    18-159, 18-163 Water restrictions Water resources superintendent or engineering aide 1st Citation $25.00
    2nd and all other citations $50.00
    City of Westfield Zoning Ordinance Section 1514 Inoperative, unregistered motor vehicles Superintendent of building or
    Zoning enforcement officer
    $100.00

     

    (Ord. No. 1172, 10-9-96; Ord. No. 1212, 9-3-98; Ord. No. 1299, 12-6-01; Ord. No. 1310, 2-7-02; Ord. No. 1316, 4-4-02; Ord. No. 1318, 5-2-02; Ord. No. 1322, 5-16-02; Ord. No. 1340, 11-21-02; Ord. No. 1365, 12-4-03; Ord. No. 1374, 4-1-04; Ord. No. 1385, 6-17-04; Ord. No. 1394, 3-17-05; Ord. No. 1459, § B, 10-10-07; Ord. No. 1489, 9-24-08; Ord. No. 1495, 3-19-09; Ord. No. 1595, 5-1-14; Ord. No. 1642, 4-7-16; Ord. No. 1648, 5-19-16; Ord. No. 1697, 10-4-18)

    _____