General Bylaw Article 4-1

Section 1. Criminal Disposition

Whoever violates any provision of these By-Laws may, except as otherwise required by law, be prosecuted by indictment or on complaint brought in the District Court. Except as may be otherwise provided for by law, and as the District Court may see fit to impose, the maximum penalty for each violation brought in such manner shall be three hundred dollars.

Section 2. Non-Criminal Disposition

Any provision of these By-Laws, and any rule or regulation of a Town officer, board or department, the violation of which is subject to a specific monetary fine or penalty, may, in the discretion of the Town official who is the enforcing person and as an alternative to initiating criminal proceedings, be enforced in the manner provided in Section 21D of Chapter 40 of the General Laws. The term “enforcing person” shall mean the Town official, if any, specifically designated in any chapter, section or provision of these By-Laws, and any such rule or regulation, as being responsible for enforcing the same. In addition, the term “enforcing person” shall mean, with respect to any violation of any provision of these By-Laws and whether or not specifically so designated, any police officer of the Town. The specific penalties to be imposed pursuant to the non-criminal disposition method shall be stated in the particular ordinance, rule or regulation, except as provided hereunder. The non-criminal disposition method may also be used pursuant to this By-law for violation of any rule or regulation of any municipal officer, board or department listed below, the violation or offense of 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 rules and regulations are to be included within the scope of this By-law, that the specific penalties, as listed here, shall apply in such cases and that, in addition to police officers, who shall in all cases be considered enforcing person for the purposes of this provision, the municipal positions, or person serving the functions of the same, shall also be enforcing persons for such violations or offenses. Each day on which any violation or offense exists shall be deemed to be a separate violation or offense. Nothing contained herein shall be deemed to require the use of the non-criminal disposition method. At the option of the appropriate enforcing person, criminal and/or civil action may also be utilized. Any specific monetary fine or penalty that is set forth in any provision of these By-laws for the violation of same shall be considered to apply only to a non-criminal disposition of such violation and shall not be construed as a limitation upon the monetary penalty recoverable through criminal proceedings.

Section 3. Fine Schedule