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Non-Criminal Disposition

§ 1 Purpose

Pursuant to Massachusetts General Laws, Chapter 40,  Section 21D as now in force and effect or may hereafter be amended, the Town of Rutland hereby provides for non-criminal disposition of violations of any bylaw or rule or regulation of any municipal officer, board or department as set forth in this bylaw .  The Town hereby amends all bylaws, rules and regulations in so far as it is able so as to be consistent with the penalty schedule attached.

§ 2  Applicability

A. The violation of any provision of any rule, regulation or bylaw  or set forth below, for which a specific penalty is enumerated may be addressed by the procedure for non-criminal disposition as provided in M.G.L Chapter 40, Section 21D . Where no other penalty is prescribed in a bylaw, rule or regulation violations shall be punishable by a fine of twenty five ($25.00) dollars for the first offense and fifty ($50.00) dollars for a second or subsequent offense.  Each day that a violation continues shall be considered a separate violation.

B. Nothing contained herein shall be deemed to require the use of this non-criminal disposition procedure, and, at the option of the appropriate enforcing person, criminal and/or civil proceedings may also be utilized.

§ 3 Enforcement Personnel

In addition to the municipal personnel listed for each bylaw article, if any, police officers shall in all cases be considered enforcing persons for the purpose of this provision.
                                        

Note – Section 2A amended May 2014
           Section 21D Fines amended May 2016 / effective July 11, 2016 (Building Inspector Fines)
           Section 21D Fines amended May 6, 2017 / effective August 17, 2017 ( Building Inspector & Earthworks Board Fines)

Section 21D fines

By-law,  Rule or Regulation
description of bylaw, rule or regulation
Primary enforcement officer
penalty
Rutland Town Bylaw
Public Drinking
Section 1a,1b, 1c
Public Drinking
Police Officer
First offense - $100.00
Subsequent offenses - $150.00

Rutland Town Bylaw
Unregistered motor vehicles
Section 1
Unregistered motor vehicles
Police Officer
First offense - $100.00
Subsequent offenses - $150.00

Rutland Town Bylaw
Motor Boats On Lakes, Ponds and Rivers
Section 11
Motorboats
Police Officer
First offense - $100.00
Subsequent offenses - $150.00

Rutland Town Bylaw
Highways
Section 1
Winter parking ban
DPW Commissioner
Each offense - $50.00 per incident, plus $50.00, if towing is required, plus actual towing and storage costs
Rutland Town Bylaw
Highways
Section 2
Snow or other debris in roadways
DPW Commissioner
First offense per season(Nov.1 - Apr.30) $25.00 plus written warning
Second offense per season - $50.00
Subsequent offense per season - $100.00
Rutland Town Bylaw
Permit fir Entering Highway
Section 1
Driveway connection permit
DPW Commissioner
Each Offense - $100.00
Rutland Town Bylaw
Water Use Restriction
Section 5, a-e
Water use restriction
DPW Commissioner
First offense - $50.00
Subsequent offenses - $100.00
Rutland Town Bylaw
Scenic Roads
Section 8
Cutting public shade tree
DPW Commissioner
Each offense - $300.00
By-law, rule or regulation
description of bylaw, rule or regulation
Primary enforcement officer
penalty
Rutland Animal Control Bylaw
Section 1. G. 1, 2, 3
Permitting a dog to become a public nuisance
Animal Control Officer
First offense - $20.00
Second offense - $50.0
Third and subsequent offenses - $100.00
Rutland Animal Control Bylaw
Section 2. A.

Failure to license your dog by March 31 of any given year
(amended effective 9/18/2015)
Animal Control Officer
Each offense - $25.00
Rutland Animal Control Bylaw
Section 2. E. 4.
Failure to have a current rabies vaccination for a domestic animal
Animal Control Officer
Each offense - $50.00
Rutland Animal Control Bylaw
Section 2, E, 3
Failure to have the license attached to the dog's collar or harness
Animal Control Officer
Each offense -  $25.00
Rutland Animal Control Bylaw
Section 2. E. 5.
Impoundment of a dog
Animal Control Officer
$25.00 per day
Rutland Animal Control Bylaw
Section 5. d. 2.
Failure to comply with a Board of Selectmen order
Animal Control Officer
Each offense - $100.00
Rutland Town Bylaw
Master Key Security Boxes
Section 3.
Master key security boxes

Fire Chief
First offence - Warning
Second offence - $50.00
Third offense $100.00
Rutland Town Bylaw
Uniform System Of House Numbering
Sections 3, 4, 5
House number signs
Fire Chief
Each offense - $50.00
M.G.L. Ch.90 Sect.22-B
Abandoned Motor Vehicles
Police Officer
First offense - $250.00
Subsequent offenses - $300.00
By-law, rule or regulation
description of bylaw, rule or regulation
Primary enforcement officer
penalty
M.G.L. Ch. 40 Sect. 22A
Handicapped Parking
Police Officer
First offense $100.00
Second offense - $200.00
Third offense - $300.00
M.G.L. Ch. 48 Sect. 13
Setting open air fires without a permit
Fire Chief or designee
First offense - $50.00
Second offense - " cost of response to extinguish fire"
Town of Rutland
Board of Health Regulation
Failure to obtain outdoor wood boiler permit
Health Agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Town of Rutland
Board of Health Regulation

Housing Sanitary Complaint
Health agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Town of Rutland
Board of Health Regulation
Septic Issue
Health Agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Town of Rutland
Board of Health Regulation
Well regulation issue
Health Agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Town of Rutland
Board of Health Regulation
Food Establishment issue
Health Agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Town of Rutland
Board of Health Regulation
Public Nuisance Complaint
Health Agent
First offense - warning letter
Second offense - $25.00
Subsequent offenses - $25.00
Bylaw, Rule or Regulation
description of bylaw, rule or regulation
Primary enforcement officer
penalty
IBC-CODE  1003.1-1003.7
& MA Amendments
Blocked or Impeded Egress
Building Inspector
1st Offense - Warning
2nd Offense - $ 50.00
3rd Offense and each subsequent offense - $100.00
IBC-CODE  3109
& MA Amendments
Illegal Swimming Pool
Building Inspector
1st Offense - Warning
2nd Offense - $ 50.00
3rd Offense and each subsequent offense -
$ 100.00
IBC-CODE
1006.1-1011
& MA Amendments
Emergency lighting and/or signage
Building Inspector
1st Offense - Warning
2nd Offense - $ 50.00
3rd Offense and each subsequent offense -
$ 100.00
IBC-CODE  1004.1
& MA Amendments
Occupant Load Exceeded
Building Inspector
1st Offense - $50.00  
2nd Offense - $ 75.00
3rd Offense and each subsequent offense -
$ 100.00
IBC-CODE   1004.3
& MA Amendments
Occupant Posted Load
Building Inspector
1st Offense - $50.00
 2nd Offense - $75.00
3rd Offense and each subsequent offense -
$ 100.00
IBC-CODE   907-907.8
& MA Amendments
Heat, Smoke and CO detection devices
Building Inspector
1st Offense - $50.00  
2nd Offense - $ 75.00
3rd Offense and each subsequent offense - $100.00
IBC-CODE 903.1-903.5
& MA Amendments
Sprinkler System
Building Inspector
1st Offense - $50.00
2nd Offense - $ 75.00
3rd Offense and each subsequent offense -
$100.00
IBC-CODE 110.1-111
& MA Amendments
Occupying a building before a Certificate of Occupancy is issued or an expired Certificate of Occupancy
Building Inspector
1st Offense - $50.00
2nd Offense - $75.00
3rd Offense and each subsequent offense - $100.00
IBC-CODE & IRC 105-105.8 109.4
& MA Amendments
Beginning work without a permit
Building Inspector
1st Offense - 50.00
2nd offense - $ 75.00
3rd Offense and each subsequent offense -
$ 100.00
IBC-CODE 102.8
& MA Amendments
Failure to maintain property in a safe manner for occupancy
Building Inspector
1st Offense - $50.00
2nd Offense - $ 75.00
3rd Offense and each subsequent offense -
$ 100.00
Rutland Zoning Bylaw
Zoning Bylaw
Building Inspector
1st Offense - $50.00
2nd Offense - $ 75.00
3rd Offense and each subsequent offense -
$ 100.00
Rutland Town Bylaw
Signs
Signs and Advertising Devices
Building Inspector
1st Offense - Warning
2nd Offense - $ 25.00
3rd Offense and each subsequent offense -
$ 50.00
Earth Removal Bylaw
Failure to acquire a permit or any violation of terms of a permit
Earthworks Board
1st Offense - $50.00
2nd Offense - $ 100.00
3rd Offense and each subsequent offense -
$ 200.00





 
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