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Board hears proposal to allow civil fines as alternative to misdemeanor charges for minor nuisances
Summary
Staff proposed a text amendment to chapter 93 to give code enforcement discretion to use civil fines (chapter 35) instead of criminal misdemeanors for minor nuisance violations; staff said the misdemeanor option would remain and the civil route would be used rarely. The board closed the hearing with no public speakers.
At a Feb. 6 public hearing, town staff presented a proposed text amendment to chapter 93 (the town’s nuisance ordinance) to clarify that code enforcement may, at its discretion, apply the civil-fines process described in chapter 35 for certain violations instead of pursuing criminal misdemeanor charges.
Staff noted that treating minor property violations as criminal misdemeanors is a blunt tool and that the criminal process can be slow. The proposed amendment would explicitly permit code enforcement to use civil fines for chapter 93 violations while leaving the misdemeanor option on the books where appropriate. Staff said the civil option is expected to be used rarely, but that codifying the discretion would make enforcement clearer and administrable.
A board member referenced SB 300 as background to broader decriminalization discussions but said the town’s comprehensive code update is still in progress. No members of the public spoke on the amendment; the board closed the hearing by motion. The ordinance was not adopted on Feb. 6 and will return for formal consideration after Planning Board review and code codification work.
