Seal of the Town of Huntington

This is an unofficial version. For the official version, please see the Town Clerk.
Current as of April, 2009

Section 43  Enforcement

A. Criminal Complaint

Whoever violates any provision of these By-Laws may be penalized by indictment or on complaint brought in the district court. Except as otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation, or offence brought in this manner, shall be three hundred dollars ($300.00).

B. Non-Criminal Disposition

Whoever violates any provision of these By-Laws, the violation of which is subject to a specific penalty, may be penalized by a non-criminal disposition as provided in General Laws, Chapter 40, Section 21-D. The non-criminal method of disposition may also be used for isolation 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 sectioning 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, 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 separate offence.

C. Administrative Processing

he Administrative Assistant shall be responsible for the administrative processing of all violation payments made to the Town Clerk and shall prepare for signature of the Town Clerk, the required notification of payment to be sent to the Clerk of The District Court pursuant to G.G. Chapter 40, Section 21-D. In the absence of the Administrative Assistant, the Town Clerk shall be directly responsible for the processing of all payments and require notice to the Court.

D. General By-Laws    ( Penalties are listed under each topic)

E.  Zoning By-Laws

Non-criminal disposition-in addition to the procedures for enforcement as described above, the provisions of this zoning By-Law may also be enforced, by the Zoning Enforcement Officer, Building Inspector, by non-criminal complaint pursuant to the provisions of MGL CH.40, Sec. 21-D. Each day on which a violation exists shall be deemed to be a separate offence. The penalty for violation of any provision of this By-Law shall be:

Warning for the first offence
$100.00 for the second offence
$200.00 for the third offence and each subsequent offence. Each day on which a violation exists shall be deemed to be a separate offence.

F. Penalties Board of Health Regulations

a. Criminal Complaint: Whoever violated any provision of these rules and regulations may be penalized by indictment or on complaint brought in the District Court. Except as may otherwise be provided by law, and as the district court may see fit to impose, the maximum penalty for any violation of these provisions shall be $300.00 for each offence.

b. Non-Criminal Disposition- Whoever violated any provision of these rules and regulations may, in the discretion of the Health Agent (members of the Board of Health), be penalized by a non-criminal complaint pursuant to the provisions of MGL CH 40, Sec. 21-D. For the purpose of this provision the penalty to apply in the event of a violation shall be as follows:

Warning for the first offence
$100.00 for the second offence
$200.00 for the third offence and each subsequent offence.

ach day that a violation exists shall be deemed to be a separate offence.

And, further vote to amend the following sections of General By-Laws to be consistent with the foregoing new Section 43.