This subsection shall not apply to any commonwealth beverages control commission licensee
at any premises regulated by the commonwealth beverages control commission.
(h)
Enforcement. This section maybe enforced by the noncriminal disposition process of M.G.L.A. c.40,
§ 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be
any police officer of the city. If enforced pursuant to noncriminal disposition, the
following fines shall apply per person cited under subsections (d) and (e):
First Response .....$300.00
Second .....$400.00
Subsequent responses .....$500.00
The city may additionally seek administrative costs and response costs associated
with enforcement of this section.
The provisions of this section are enforceable independent of any provisions of the
revised ordinances of the city pertaining to noise and without reference to the fact
that the police officer issuing a citation has not obtained a scientific noise measurement
prior to issuing the citation. No such scientific noise measurement is required under
this section and the lack of a measurement shall not constitute a defense.
The provisions of this section shall not limit the authority of police officers to
make arrests for any criminal offense arising out of conduct regulated herein, nor
shall they limit the city's or the commonwealth's ability to initiate and prosecute
any criminal offense arising out of the same circumstances necessitating the application
of any provision of this section.
Further, if in the discretion of the chief of police of the city, it is necessary
to post a police detail in order to enforce the provisions of this section, he may
do so and the add the cost of the same to the response costs referred to in this section.