The COVID Project
The record
- Jurisdiction
- Massachusetts
- Level
- State
- Authority
- Massachusetts General Laws, Part I, Title VII, Chapter 40 (Powers and Duties of Cities and Towns)
- Issued
- 2026-09-29 Sept. 29, 2026
- Effective
- standing (read as 2026-09-29)
- End
- standing
- In force
- Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOther
- Addressees
- persons generally; businesses fined under the orders; enforcing persons (boards of health, DLS, police)
- Character
- order penalty
- Collection
- Standing duties: Massachusetts DUT-MA
Operative words
Any city or town may by ordinance or by-law not inconsistent with this section provide for non-criminal disposition of violations of any ordinance or by-law or any rule or regulation of any municipal officer, board or department the violation of which is subject to a specific penalty.
Penalty
The specific penalty set by the order or regulation (here $300 per violation under the workplace and mask orders; $500 under the travel and gathering orders), payable without criminal record
What it required
The statutory mechanism (written notice to appear; payment of the specific penalty to the clerk of the district court as an alternative to criminal proceedings) through which every COVID-19 Order's $300 and $500 civil fines were administered: Order No. 13 ('a civil fine of up to $300 per violation, in the manner provided for non-criminal disposition... pursuant to G.L. c. 40, s. 21D'), Order No. 31 and, uniformly for Orders No. 31, 33, 37, 40, 43, 45 and 46, Order No. 48 (Ex. MA-008, MA-016, MA-028).
Retrieval noteOrder No. 48 (Ex. MA-028) provides that the uniform s. 21D processing 'shall not modify the maximum fines, limit any other method of enforcement, or modify any other term specified in the above Orders,' so the s. 8 criminal penalty and injunctive relief remained available.